End-User License Agreement (EULA)

Last Updated: 1.10.2024

This End-User License Agreement (hereinafter referred to as "EULA") is a legal agreement between you ("User") and Swopi s.r.o., Company ID 10871659, with its registered office at Lidická 700/19, Veveří, 602 00 Brno, Czech Republic (hereinafter referred to as "Swopi"). This agreement governs the terms and conditions of using the Swopi mobile application (for iOS and Android) and the Swopi Business platform available at https://business.swopi.co.

By using the Swopi software, you agree to the terms of this EULA. If you do not agree, immediately cease using the software and uninstall it.

I. Definitions

  • Swopi: Swopi s.r.o., Company ID 10871659, with its registered office at Lidická 700/19, Veveří, 602 00 Brno, Czech Republic.
  • Software: The Swopi mobile application and the Swopi Business SaaS platform.
  • User: Any natural person, legal entity (including corporations, joint-stock companies, non-profit organizations, and other entities) that registers for and uses the Swopi software.
  • License: A limited, non-exclusive, non-transferable right to use the software for personal or business purposes.
  • Privacy Policy: The document describing how Swopi handles users' personal data.
  • NFC Device: Devices compatible with Swopi that use NFC technology to share data.
  • Third-Party Services: Services such as Google Firebase, Stripe, Apple Pay, and Google Pay that are integrated into the Swopi software and facilitate various functionalities (e.g., payments, data storage).

II. Grant of License

Swopi grants the User a non-exclusive, non-transferable, and revocable license to use the software solely for internal purposes. The license does not permit the User to engage in any commercial distribution or resale of the software without prior written consent from Swopi.

The User is not permitted to:

  • Distribute, sell, rent, or sublicense the software or its documentation to third parties.
  • Engage in reverse engineering, decompilation, disassembly, or derivation of source code from the software.
  • Copy the software except for backup purposes.
  • Use the software for illegal activities or in violation of third-party rights.

In cases where third-party software is integrated with Swopi (e.g., Google Firebase, Stripe), the licensing terms of that software are governed by the respective third-party licenses.

III. Use of Software and Documentation

The User is permitted to use the Swopi software and associated documentation solely for internal purposes. Documentation and training materials provided with the software may not be modified by the User without prior written permission from Swopi.

The User acknowledges that any files uploaded or shared through the software must comply with applicable laws, and Swopi will not be liable for any consequences of violating these laws.

Swopi may collect real-time location data to provide location-based services. The User explicitly consents to the collection, processing, and storage of such location data for the purpose of enhancing and delivering services.

IV. Intellectual Property Rights

The User acknowledges that all intellectual property rights in the Swopi software, including copyright and trademarks, are owned by Swopi or licensed from third parties. This agreement does not transfer ownership of any intellectual property rights to the User.

V. Data Protection and Privacy

Swopi processes personal data in compliance with the European General Data Protection Regulation (GDPR). Users may register via email or third-party services (Apple, Google, Facebook). All data is stored on servers located in Belgium and managed by Google Firebase, with SSL encryption.

Swopi does not sell, rent, or share personal data with third parties. Personal data is protected against unauthorized access and is used solely for the purposes of providing Swopi services.

For more information, please refer to the Swopi Privacy Policy.

VI. Data Security and Backup

All communication between the User and Swopi’s servers is encrypted using SSL (HTTPS). User data is stored using Google Firebase’s cloud infrastructure, which provides a high level of security and automatic data backups. Data is continuously replicated across multiple servers, ensuring its availability and integrity.

VII. Location Data Collection and Use

Swopi collects and processes User location data, including GPS data, to provide services that depend on location. The User expressly consents to the collection, storage, and use of real-time location data for the purpose of delivering and improving Swopi services.

Swopi guarantees that location data will not be shared with third parties and will be stored in compliance with applicable legal regulations.

VIII. Limitation of Liability

Swopi shall not be held liable for any damages arising from the use or inability to use the software, including, but not limited to, data loss, business interruption, loss of profits, or software malfunction. The User agrees that they use the software at their own risk.

Swopi is not liable for any damages caused by the integration with third-party software services, such as Google Firebase, Stripe, Apple, or Google.

IX. Confidential Information

Any information obtained through the use of the Swopi software, including technical documentation, trade secrets, and related information, is considered confidential. The User agrees not to disclose any such information to third parties without prior written consent from Swopi.

The confidentiality obligations remain in effect even after the termination of this EULA.

X. Audit

Swopi reserves the right to audit the User’s usage of the software at any time to ensure compliance with the terms of this EULA. Audits will be conducted during normal business hours, and the User must cooperate fully with Swopi’s audit requests.

XI. Termination of License

Swopi reserves the right to terminate this EULA with immediate effect if the User violates any provisions of this agreement. Upon termination, the User must cease all use of the software and delete all copies in their possession.

XII. Governing Law and Dispute Resolution

This agreement is governed by the laws of the Czech Republic. Any disputes arising out of or related to this EULA or the use of the software shall be resolved exclusively by the courts of the Czech Republic.

In the case of any discrepancy between the Czech version and the English version of this EULA, the Czech version shall prevail.

XIII. Updates and Changes to Terms

Swopi reserves the right to update or modify the terms of this EULA at any time. Any changes will take effect immediately upon publication in the software. Users will be notified of significant changes via email or an in-app notification. Continued use of the software after the changes have been implemented constitutes acceptance of the new terms.

XIV. Contact Information

For any questions regarding this EULA or our services, you can contact us at:

Email: info@swopi.co

Contact Form: https://shop.swopi.co/pages/contact