Terms of Service for swoopy.app

Acceptance of Terms

By using swoopy.app, you confirm that you have read, understood, and agree to these Terms, along with our Privacy Policy.

If you do not agree with any part of these Terms, you may not use our services.

Service Description

swoopy.app provides a graphical user interface for visualizing knowledge through the creation of knowledge maps, stored on Google Firebase.

Some services within the app require integration with ChatGPT for data processing and visualization.

Account Registration

To access certain features of the Service, you must register for an account. By registering, you agree to provide accurate, current, and complete information about yourself as prompted by our registration forms. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Compliance with Laws

All users of swoopy.app are required to use the service in compliance with all applicable local, state, national, and international laws, regulations, and guidelines. This obligation applies to all aspects of use of the service, including but not limited to:

• Content creation, sharing, and publication.
• Interactions with other users and third parties.
• Data collection and processing activities.
• Any other use of swoopy.app and its features or services.

Users are prohibited from using swoopy.app for any unlawful purposes or in ways that promote illegal activities, violate rights of third parties, or cause harm to anyone. Prohibited activities include, but are not limited to, fraud, spreading malware, phishing, violating intellectual property rights, and engaging in harassment, abuse, or distribution of harmful or illegal content.

swoopy.app reserves the right to suspend or terminate access to the service for any user who is found to be in violation of these legal compliance requirements. Additionally, we may take any necessary legal action, including cooperating with law enforcement authorities in investigating suspected illegal activities involving our service.

It is the responsibility of each user to ensure that their use of swoopy.app does not infringe upon the law or the rights of any third party. Users unsure about the legality of their actions on swoopy.app are encouraged to seek legal advice.

Intellectual Property

All intellectual property rights in the app, its content, and the technology used for its provision are owned by swoopy.app or its licensors.

The user is granted a non-exclusive, non-transferable license to use the app as per these Terms.

By posting, uploading, or submitting user-generated content to swoopy.app, you affirm that you are the creator and owner of the content or have the necessary licenses, rights, consents, and permissions to authorize swoopy.app and its users to use and distribute your content as necessary to exercise the licenses granted by you in this section and in the manner contemplated by swoopy.app and these Terms of Service..

While you retain all rights to your user-generated content, you grant swoopy.app a non-exclusive, royalty-free, perpetual, transferable, sublicensable, worldwide license to use, copy, modify, publicly perform, publicly display, reproduce, and distribute your content on and through the service and across different media. This license includes the right for swoopy.app to make your content available to other companies, organizations, or individuals who partner with swoopy.app for the syndication, broadcast, distribution, or publication of content on other media and services.

The above license granted by you terminates once you remove or delete your content from the swoopy.app platform, except in the case where the content has been shared with others, and they have not deleted it, or it was copied or stored by other users.

Content Responsibility

You are solely responsible for your user-generated content and the consequences of posting or publishing it. swoopy.app does not endorse any content expressed within user-generated content and expressly disclaims any and all liability in connection with user-generated content.

You affirm, represent, and warrant that you have the written consent of each and every identifiable natural person in the content to use their name or likeness in the manner contemplated by the service and these Terms of Service, and each such person has released you from any liability that may arise in relation to such use.

Sharing and Public Content

Public Sharing of Graphs: Users have the option to set their knowledge graphs to "public," making them accessible to other users of swoopy.app and potentially the broader internet. By choosing to make a knowledge graph public, you acknowledge and agree that anyone can view, access, and use that graph.

License to Public Content: When you set your knowledge graph to public, you grant swoopy.app and its users a non-exclusive, royalty-free, perpetual, sublicensable, worldwide license to view, use, copy, modify, and distribute your public knowledge graph in accordance with the functionalities provided by swoopy.app and these Terms of Service. This includes the right for swoopy.app to make your public knowledge graph available to other companies, organizations, or individuals who partner with swoopy.app for the syndication, broadcast, distribution, or publication on other media and services.

User Discretion Advised: You should only make a knowledge graph public if you are comfortable with others accessing and using your content without restriction. Consider carefully what information you include in your public graphs, especially personal or sensitive information.

Responsibility for Public Content: You are solely responsible for your decision to make a knowledge graph public. swoopy.app does not endorse any content expressed within public knowledge graphs and expressly disclaims any and all liability in connection with such public content.

Removal of Public Content: You may change the privacy settings of your knowledge graph from public to private at any time, which will restrict future access to the graph. However, copies of your graph or its content may have been made by other users or shared beyond the platform, and we are not responsible for the removal or deletion of your graph from anywhere outside of swoopy.app.

Accuracy and Integrity: swoopy.app does not guarantee the accuracy, quality, or integrity of any content contained in public knowledge graphs. By using swoopy.app, you acknowledge and accept that you may encounter material you find offensive or objectionable. swoopy.app will not be liable in any way for any content in public knowledge graphs, including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the service.

Content Compliance with Laws

Users must ensure that their content, including user-generated content and publicly shared knowledge graphs, complies with all applicable local, state, national, and international laws, regulations, and guidelines. This includes, but is not limited to, laws regarding copyright, trademark, privacy, and the dissemination of obscene or defamatory material.

Prohibition of Sexual Content: swoopy.app strictly prohibits the posting, sharing, or dissemination of any sexual content, including but not limited to pornography, explicit sexual images, or content that exploits individuals in a sexual manner.

Content that violates or infringes upon the rights of others, promotes illegal activities, or otherwise violates any applicable laws is strictly prohibited on swoopy.app. Users are responsible for the legality of the content they post and may be subject to liability for posting illegal content or content that infringes on the rights of others.

Users affirm, represent, and warrant that:

• The content does not and will not violate any law or infringe upon the rights of any third party.
• They have all necessary rights, licenses, consents, and permissions to publish the content and to grant swoopy.app the rights granted herein.

swoopy.app reserves the right, but is not obligated, to review and monitor content for compliance with these Terms and applicable laws. We may remove or disable access to any content that we find to be in violation of these Terms, our policies, or any applicable laws.

If you believe that any content on swoopy.app violates your rights or applicable laws, please contact us at info@swoopy.app with detailed information, and we will review your claim and take appropriate action.

Content Removal

swoopy.app reserves the right, but is not obligated, to monitor and edit or remove any content submitted to the platform. swoopy.app has the right to remove any content that violates these Terms of Service or is deemed by swoopy.app, in its sole discretion, to be harmful to the platform, users, or the rights of any third party, or for any other reason.

While we strive to promptly review and address content that potentially violates our policies, we cannot guarantee the immediate removal of all inappropriate content. The volume of user-generated content and the need for careful review may result in delays in content removal. We appreciate your understanding and encourage users to report content that they believe violates our Terms of Service to help us maintain a safe and respectful platform.

Third-Party Services

swoopy.app integrates with various third-party services, including ChatGPT, to provide enhanced features and functionalities within our platform. These services may require the exchange of data between swoopy.app and the third-party providers to function effectively.

By using features powered by third-party services, you agree to the sharing of information necessary for the operation of these features. We encourage you to review the privacy policies and terms of service of any third-party services to understand their data handling practices.

swoopy.app does not control, and is not responsible for, the content, privacy policies, or practices of any third-party services. Your interactions with third-party services, including ChatGPT, are governed by their respective terms of service and privacy policies, not by swoopy.app’s ToS or privacy policy.

While we strive to choose reputable third-party services that enhance your experience on swoopy.app, we cannot guarantee the performance or reliability of these services. We disclaim all liability related to your use of third-party services, and we encourage users to exercise caution and discretion when interacting with these services.

Account Suspension and Termination

swoopy.app reserves the right to suspend or terminate a user's account at any time, without notice, for conduct that violates these Terms of Service or other policies that may be published from time to time, or for any other reason deemed necessary to maintain the integrity and safety of our platform and its users. This includes, but is not limited to:

• Violations of our Content Compliance policies, including the posting of sexual content or content that infringes upon the rights of others or promotes illegal activities.
• Engaging in activities that harm swoopy.app, our users, or the public.
• Illegal activities or fraud.
• Creating risk or possible legal exposure for swoopy.app.
• Repeated infringement of intellectual property rights.

In the event of suspension or termination, you may lose access to your account, and we may remove or disable access to any content you have posted on swoopy.app. We may also take any other actions deemed necessary to enforce our policies and protect our community.

If you believe your account has been suspended or terminated in error, please contact us at info@swoopy.app.

Accuracy of Content

swoopy.app does not guarantee the accuracy, quality, or integrity of any user-generated content posted. By using swoopy.app, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. swoopy.app will not be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the service.

Disclaimers

The App is provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that the app will always be available, be uninterrupted, be error-free, meet your requirements, or that any defects in the service will be corrected.

As swoopy.app is a new and evolving platform, it may contain bugs, errors, and other problems that could cause system failures and the loss of data. We advise users to maintain their own backups and not to rely solely on the app for critical data and information.

We cannot guarantee the accuracy, completeness, reliability, or timeliness of the app, its features, or any content therein.

Under no circumstances will we be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or in connection with your use of or inability to use the app, whether or not we have been advised of the possibility of such damages.

Limitation of Liability

swoopy.app shall not be liable for any indirect, incidental, special, or consequential damages arising from the use of the app.

Fee Payment and Renewal

swoopy.app offers both a free version and an optional Pro subscription that provides access to enhanced features and capabilities. The following terms apply to users who choose to upgrade to the Pro subscription:

• Subscription Fees: The fee for the Pro subscription is posted on our website and may be updated from time to time. By subscribing to the Pro version, you agree to pay the subscription fee at the rate effective at the time of your subscription or renewal. The Pro subscription is billed on a monthly basis.
• Payment Method: Subscribers must provide a valid payment method to cover the subscription fee. You authorize us to charge the subscription fee to your provided payment method automatically at the beginning of each billing cycle.
• Free Trial: We may offer a free trial period for the Pro subscription. Unless you cancel before the end of the trial period, your payment method will be charged the subscription fee at the end of the trial period.
• Renewal: The Pro subscription automatically renews each month. You may cancel the automatic renewal at any time through your account settings. If you cancel, your subscription will continue until the end of the current billing cycle before terminating.
• Cancellation and Refunds: You may cancel your Pro subscription under https://swoopy.app/settings/account at any time. Subscription fees are non-refundable, except at our sole discretion or as required by applicable law.
• Changes to Fees and Billing: We reserve the right to change our subscription fees or billing methods at any time. When applicable, we may give you advance notice of the fee changes. If you do not agree with the fee changes, you may cancel your Paid Service. Your continued use of the Pro subscription after the changes come into effect constitutes your agreement to the new fees or billing methods.

Your failure to pay the subscription fees may result in the suspension or termination of your Pro subscription. It is important to ensure your payment information is up to date to avoid interruption of your Pro subscription services.

Governing Law

These Terms and your use of swoopy.app shall be governed by and construed in accordance with the laws of Switzerland, without giving effect to any principles of conflicts of law. By using swoopy.app, you agree that any legal action or proceeding relating to or arising out of these Terms or your use of swoopy.app shall be brought exclusively in the competent courts located in Switzerland.

Changes to Terms of Service

We reserve the right to modify or replace these Terms at any time. We will notify you of any changes by posting the new Terms of Service on this page and updating the "Last Updated" date at the top of the Terms.

Your continued use of the app after the effective date of the revised Terms constitutes your acceptance of the changes. Therefore, we encourage you to review the Terms of Service periodically for any changes. If you disagree with the revised Terms, you should discontinue your use of the app.

Contact Information

If you have any questions about these Terms, please contact us at info@swoopy.app.