PLEASE READ THIS DOCUMENT CAREFULLY

Qbitt Ltd (“Qbitt Ltd,” “we,” or “us”) operates the SocialSwipe mobile app and related website (“www.socialswipeapp.com”). By using SocialSwipe in any way, you accept these Terms of Service (“Agreement”). If you do not wish to be bound by this Agreement, do not use SocialSwipe.

Contents

1. Who May Use SocialSwipe

2. License to Use SocialSwipe

3. Privacy

4. Registration

5. Term and Termination; Account Deletion

6. Disclaimers; Limitation of Liability

7. Code of Conduct; Prohibited Activities

8. Content Restrictions

9. Licenses Granted by You

10. Your Representations and Warranties

11. Indemnification

12. Third Party Copyrights and Other Rights

13. Purchases

14. General Provisions

15. Modification

1. Who May Use SocialSwipe

You must be at least 17 years old to use SocialSwipe. Use is void where prohibited. By using SocialSwipe, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you use SocialSwipe, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.

2. License to Use SocialSwipe

Qbitt Ltd grants you a limited, non-exclusive license to access and use SocialSwipe for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else.

Except as expressly permitted by Qbitt Ltd in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble SocialSwipe. Nor will you take any measures to interfere with or damage SocialSwipe.  All rights not expressly granted by Qbitt Ltd are reserved.

3. Privacy

Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement.  Please review the Privacy Policy to learn about:

  • What information we may collect about you

  • What we use that information for

  • What third-party information, if any, you are agreeing to share by using SocialSwipe; and

  • With whom we share that information

4. Registration

To use SocialSwipe, you must register an account with your email address and phone number. Please take precautions to protect your password and contact us at admin@qbitt.co.uk if you believe your account has been accessed by an unauthorised person.

5. Term and Termination; Account Deletion

This Agreement begins on the date you first use SocialSwipe and continues until terminated in accordance with the provisions hereof.

Qbitt Ltd may suspend, disable, or delete your account (or any part thereof) if Qbitt Ltd determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Qbitt Ltd’s reputation or goodwill.  If Qbitt Ltd deletes your account for the foregoing reasons, you may not re-register under a different name.

Upon termination, all licenses granted by Qbitt Ltd will terminate.  In the event of account deletion for any reason, content that you submitted may no longer be available. Qbitt Ltd shall not be responsible for the loss of such content.

6. Disclaimers; Limitation of Liability

 a) YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER SocialSwipe USERS. YOU UNDERSTAND THAT SocialSwipe CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. SocialSwipe ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. SocialSwipe MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USER.Qbitt Ltd RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

b) IN NO EVENT SHALL Qbitt Ltd BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SocialSwipe SERVICE OR PERSONS YOU MEET THROUGH SocialSwipe. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

c) Qbitt Ltd reserves the right to modify SocialSwipe.  You are responsible for providing your own access to SocialSwipe. Qbitt Ltd has no obligation to screen or monitor any content and does not guarantee that any content available on SocialSwipe complies with this Agreement or is suitable for all users.

d) Qbitt Ltd provides SocialSwipe on an “as is” and “as available” basis.  You therefore use SocialSwipe at your own risk. Qbitt Ltd expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law.  Without limiting the foregoing, Qbitt Ltd makes no representations or warranties:

  • That SocialSwipe will be permitted in your jurisdiction;

  • That SocialSwipe will be uninterrupted or error-free;

  • Concerning any content submitted by any user;

  • Concerning any third party’s use of content that you submit;

  • That any content you submit will be made available on SocialSwipe or will be stored by Qbitt Ltd;

  • That Qbitt Ltd will continue to support any particular feature of SocialSwipe;

  • Concerning sites and resources outside of SocialSwipe, even if linked to from SocialSwipe.

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used SocialSwipe, and no warranties shall apply after such period.

7. Code of Conduct; Prohibited Activities

In using SocialSwipe, you must behave in a civil and respectful manner at all times. SocialSwipe operates with a zero tolerance attitude towards objectionable content or abusive users.  You will not:

  • Harass or stalk any other person;

  • Harm or exploit minors;

  • Act in a deceptive manner by, among other things, impersonating any person;

  • Collect information about others;

  • You will not express or imply that any statements you make are endorsed by Qbitt Ltd without our specific prior written consent.

  • You will not distribute spam, and will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.

  • You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.

  • You will not interfere with or disrupt the services or the site or the servers or networks connected to the services or the site.

  • You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Qbitt Ltd has the right, but not the obligation, to monitor all conduct on and content submitted to SocialSwipe.

8. Content Restrictions

You are solely responsible for the content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members. You will not post on the service, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to Qbitt Ltd or to any other user. If information provided to Qbitt Ltd, or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. The following is a partial list of content you may not upload, post, or transmit (collectively, “submit”):

  • is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

  • harasses or advocates harassment of another person;

  • promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

  • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;

  • contains sexually explicit content;

  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

  • involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;

  • promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;

  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

  • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;

  • infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);

  • Your use of the Service, including but not limited to the content you post on the service, must be in accordance with any and all applicable laws and regulations.

You may not include in your user profile any telephone numbers, street addresses or email addresses.

9. Licenses Granted by You

You grant Qbitt Ltd and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content.  In addition, you waive any so-called “moral rights” in your content.  You further grant all users of SocialSwipe permission to view your content for their personal, non-commercial purposes.  If you make suggestions to Qbitt Ltd on improving or adding new features to SocialSwipe, Qbitt Ltd shall have the right to use your suggestions without any compensation to you.

10. Your Representations and Warranties

For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to SocialSwipe and grant the licenses set forth above; (ii) Qbitt Ltd will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.

11. Indemnification

You will indemnify, defend, and hold harmless Qbitt Ltd and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on SocialSwipe; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to SocialSwipe violates any law or infringes any third party right, including any intellectual property or privacy right.

12. Third Party Copyrights and Other Rights

Copyright Policy

Qbitt Ltd respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to SocialSwipe do not infringe any third party copyright.

Intellectual Property Rights

By uploading Content to our platform you are:

  • retaining all rights of ownership subject to the clause below;

  • responsible for the Content and the consequences of posting it and publishing it;

  • confirming that you have all the necessary permissions, licences, rights, and consents to use the Content;

  • confirming that the Content does not infringe any third party intellectual property rights, including but not limited to copyright;

  • agreeing that you will not use SocialSwipe in any way which would cause harm or offence.

  • Where Qbitt Ltd becomes aware of any violation of these Terms it reserves the right to remove Content from SocialSwipe without prior notice and at its sole discretion.

  • When you upload Content to SocialSwipe you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, and display in any media formats that Content for the purposes of producing our products, including without limitation, using, reproducing, distributing, preparing derivative works of, and displaying the Content to the extent permitted under these Terms. This licence will terminate when you remove or delete the Content from SocialSwipe.

  • All text, software, music, sound, photographs, graphics, video, page layouts, design and other material that is contained on SocialSwipe is protected by our or third party copyrights, trade marks, service marks, patents or other proprietary rights and laws. You are not permitted, except where expressly authorised to do so, to change, copy, store, publish, rent, licence, sell or distribute in any way any of these intellectual property rights. You must not display or use either of these trademarks in any manner without our prior written consent. Any other trademarks, service marks or logos that appear on SocialSwipe are the property of their respective owners and are likely to be protected and subject to restrictions as to their use. They must not be used without the prior written consent of the trademark owner.

Complaints

You may send non-copyright complaints to:

Email: admin@qbitt.co.uk

13. Purchases

In App Purchases.  From time to time, SocialSwipe may offer products and services for purchases (“in app purchases”) through iTunes, Google Play or other application platforms authorised by SocialSwipe (each, a “Software Store”). If you choose to make an in app purchase, you will be prompted to enter details for your account with your Software Store (“your IAP Account”), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. Some Software Stores may charge you sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will be billed continuously for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription,you will need to log in to your IAP account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the SocialSwipe application from your device. Deleting your account on SocialSwipe or deleting the SocialSwipe application from your device does not cancel your subscription; SocialSwipe will retain all funds charged to your IAP Account until you cancel your subscription through your IAP Account.

Virtual Items. From time to time, you may be able to purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use “virtual items,” including but not limited to Boosts (collectively, “Virtual Items”). You are only allowed to purchase Virtual Items from us or our authorised partners through the Service and not in any other way. Virtual Items represent a limited license right governed by this Agreement. Except as otherwise prohibited by applicable law, Virtual Items obtained by you are licensed to you, and you acknowledge that no title or ownership in or to Virtual Items is being transferred or assigned to you. This Agreement should not be construed as a sale of any rights in Virtual Items. Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use, however, the license granted to you in Virtual Items will terminate in accordance with the terms for this Agreement, when Qbitt Ltd ceases providing the Service or your account is otherwise closed or terminated. Qbitt Ltd, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/or may distribute Virtual Items with or without charge. Qbitt Ltd may manage, regulate, control, modify or eliminate Virtual Items at any time. Qbitt Ltd shall have no liability to you or any third party in the event that Qbitt Ltd exercises such rights. The transfer of Virtual Items is prohibited, and you shall not sell, redeem or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through the Service. All purchases and redemptions of Virtual Items made through the service are final and non-refundable. The provision of Virtual Items for use in the Service is a service provided by Qbitt Ltd within the SocialSwipe platform which commences immediately upon the acceptance of your purchase of such Virtual Items. You acknowledge that Qbitt Ltd is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Virtual Items when an account is closed, whether such closure was voluntary or involuntary.

Refunds. Generally, all charges for purchases are non-refundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.

For subscribers residing in the EU or European Economic Area, in accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.

Purchases of Virtual Items are FINAL AND NON-REFUNDABLE.

To request a refund: If you subscribed using your Apple ID, refunds are handled by Apple, not SocialSwipe. To request a refund, go to iTunes, click on your Apple ID, select “Purchases history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com.

If you subscribed using your Google Play Store account please contact us with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet).

14. General Provisions

GOVERNING LAW: These Terms and all Product Contracts and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.

DISPUTES: Any dispute or claim arising out of or in connection with these Terms or any Product Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement.  If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by SocialSwipe Ltd in exercising any right hereunder will waive any further exercise of that right. SocialSwipe Ltd’s rights and remedies hereunder are cumulative and not exclusive. We reserve the right to amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. It is therefore important that you read these Terms every time you access our site. If you do not agree to any changes made to these Terms, you must stop using SocialSwipe. The latest version of these Terms will be made available on our website and will govern your use of SocialSwipe. Your continued use of SocialSwipe after the date that the amended Terms are made available will constitute your acceptance of the amended Terms.

SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Qbitt Ltd’s prior written consent.  No third party shall have any rights hereunder.

NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Qbitt Ltd electronically.  Qbitt Ltd may provide all such communications by email or by posting them on SocialSwipe or www.socialswipeapp.com .  Support-related inquiries or notices of a legal nature (such as a subpoena) may be sent to us at admin@qbitt.co.uk.

Nothing herein shall limit Qbitt Ltd’s right to object to subpoenas, claims, or other demands.

15. MODIFICATION; ENTIRE AGREEMENT:

This Agreement may not be modified except by a revised Terms of Service posted by Qbitt Ltd on SocialSwipe or a written amendment signed by an authorized representative of Qbitt Ltd. A revised Terms of Service will be effective as of the date it is posted.  This Agreement constitutes the entire understanding between Qbitt Ltd and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.