Effective July 15, 2024
Please read these Terms and Conditions (“Terms”) carefully before using the Swept Dating application and related websites, services, and systems (“the App”) operated by Swept Technologies Group, LLC (“we,” “us,” or “our”).
By downloading, accessing, or using the App and related systems, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access or use the App.
ACCEPTANCE OF TERMS
1.1 Agreement to Terms
By using the App, you confirm that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Community Guidelines, which are incorporated herein by reference.
1.2 Eligibility
You must be at least 18 years old to use the App. By using the App, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.
1.3 Changes to Terms
We reserve the right to modify or replace these Terms at any time. We will provide notice of any material changes by posting the updated Terms on the App or by sending you a notification. Your continued use of the App after any such changes constitutes your acceptance of the new Terms.
ACCOUNT REGISTRATION AND SECURITY
2.1 Account Creation
To use certain features of the App, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete, including but are not limited to, legal name, mobile phone number, and email address.
2.2 Account Security
You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you believe your account has been compromised, you must immediately notify us.
2.2 SMS Consent & Verification
As part of the onboarding process for the Swept Dating app, you are required to provide your mobile phone number to verify your identity and enhance security through Two-Factor Authentication (2FA). The following steps outline how you shall consent and receive SMS messages during the onboarding process:
Consent to Receive SMS
Upon entering the onboarding process, you will be prompted to provide your mobile phone number. Before proceeding, you should review and shall agree to the terms and conditions of the Swept Dating app by checking a box indicating consent. This checkbox will also serve as an acknowledgment of permission to receive SMS messages for phone number verification and authentication purposes. You may review this document (Terms and Conditions) and our Privacy Policy that detail the use of your personal data and the SMS service.
Phone Number Submission
By agreeing to the terms, checking the consent box, and tapping the ‘Submit’ button, you authorize Swept Dating to send an SMS message containing a one-time password (OTP) or verification code to your provided phone number.
Verification Code via SMS
Once the phone number is submitted, an SMS message with a 2FA/OTP will be sent to the provided number. You will be prompted to enter this code within the app to complete the verification process. If the SMS message is not received, you can opt to resend the code.
Opting Out
Users can opt-out of receiving SMS messages at any time by opting-out via the app Preferences interface. However, opting out may affect the use of features that rely on SMS-based verification for security.
2.3 One Account Per Person
You may only create and maintain one account on the App. Creating multiple accounts or sharing accounts is strictly prohibited and doing so may result in terminiation and banning from use of the App.
USE OF THE APP
3.1 License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the App for your personal, non-commercial use.
3.2 Prohibited Uses
You agree not to use the App:
a) In any way that violates any applicable federal, state, local, or international law or regulation.
b) To impersonate or attempt to impersonate another user or any other person or entity.
c) To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the App.
d) To harass, abuse, or harm another person, or to promote violence or discrimination.
e) To send spam or any other unauthorized advertising or promotional materials.
f) To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App or any server, computer network, or database connected to the App.
g) To upload or transmit viruses, malware, or other malicious code.
3.3 Content Guidelines
You are solely responsible for any content you post, upload, or otherwise make available through the App (“User Content”). You agree that your User Content will comply with our Community Guidelines and will not:
a) Infringe on any patent, trademark, trade secret, copyright, or other intellectual property rights of any person.
b) Contain any defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable material.
c) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
d) Violate the legal rights (including the right of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws.
3.4 Monitoring and Enforcement
We have the right to:
a) Remove or refuse to post any User Content for any reason.
b) Take any action with respect to User Content that we deem necessary or appropriate.
c) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights.
d) Terminate or suspend your access to all or part of the App for any reason, including violation of these Terms.
INTELLECTUAL PROPERTY RIGHTS
4.1 App Content
The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
4.2 Trademarks
The Swept Dating name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Swept Technologies Group, LLC. or its affiliates or licensors. You must not use such marks without our prior written permission.
4.3 User Content License
By posting User Content on or through the App, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, analyze, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the App.
PRIVACY AND DATA HANDLING
5.1 Privacy Policy
Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy carefully for information on how we collect, use, and share your information.
5.2 Data Collection and Use
By using the App, you consent to our collection and use of personal data as outlined in our Privacy Policy. This may include, but is not limited to:
a) Information you provide when creating an account (e.g., name, email address, date of birth)
b) Profile information (e.g., photos, interests, preferences, personality profiles, ratings, etc.)
c) Location data (both specified by address, and derived from geospacial (GPS) telemetry)
d) Usage data and app activity
e) Device information
f) Crash and memory heap bug reporting
5.3 Marketing Communications
By creating an account, you agree to receive marketing communications from us. These may include emails, push notifications, or in-app messages about new features, special offers, or other information we think you may find interesting. You can opt-out of marketing communications at any time through your account settings or by following the unsubscribe instructions in any marketing message.
5.4 Third-Party Access
We may share your information with third-party service providers to help us operate our business and the App or administer activities on our behalf. We may also share your information with potential matches as part of the core functionality of the App.
5.5 Data Retention
We will retain your personal information only for as long as necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements.
SUBSCRIPTION AND PAYMENTS
6.1 Free and Paid Services
The App offers both free and paid services. Certain features may only be accessible to users who have paid for a subscription.
6.2 Subscription Terms
a) Subscription periods may be offered on a monthly, quarterly, or annual basis.
b) Subscriptions automatically renew for the same period unless cancelled at least 24 hours before the end of the current period.
c) Payment will be charged to your account at confirmation of purchase and at the beginning of each renewal period.
6.3 Cancellation and Refunds
a) You may cancel your subscription at any time through your account settings or by contacting our customer support team.
b) Cancellation will take effect at the end of your current billing period.
c) We do not provide refunds or credits for partial subscription periods or unused subscription time.
6.4 Price Changes
We reserve the right to change our subscription fees at any time. Any price changes will be communicated to you in advance and will apply to the next billing cycle.
THIRD-PARTY LINKS AND CONTENT
7.1 Third-Party Links
The App may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
7.2 Third-Party Content
The App may display content from third-party providers. You acknowledge and agree that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content.
DISCLAIMER OF WARRANTIES
8.1 “As Is” and “As Available” Basis
Your use of the App and its services is at your sole risk. The App is provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether express or implied.
8.2 No Warranties
We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
8.3 Specific Disclaimers
We do not warrant that:
a) The App will meet your specific requirements.
b) The App will be uninterrupted, timely, secure, or error-free.
c) The results that may be obtained from the use of the App will be accurate or reliable.
d) The quality of any products, services, information, or other material purchased or obtained by you through the App will meet your expectations.
e) Any errors in the App will be corrected.
LIMITATION OF LIABILITY
9.1 Limitation of Liability
To the fullest extent permitted by applicable law, in no event will we, our affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the App, any websites linked to it, any content on the App or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
9.2 Cap on Liability
In the event that any disclaimer, exclusion, or limitation in these Terms is not enforceable, our liability is limited to the maximum extent permitted by applicable law.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Swept Technologies Group, LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the App, including, but not limited to, your User Content, any use of the App’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the App.
GOVERNING LAW AND JURISDICTION
11.1 Governing Law
These Terms and your use of the App will be governed by and construed in accordance with the laws of the State of Pennsylvania, without giving effect to any choice or conflict of law provision or rule.
11.2 Jurisdiction
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Pennsylvania, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.
DISPUTE RESOLUTION
12.1 Informal Resolution
For any dispute you have with us, you agree to first contact us and attempt to resolve the dispute informally.
12.2 Arbitration
If the dispute cannot be resolved informally, you and we agree to resolve any dispute (except those disputes expressly excluded below) through final and binding arbitration, using the American Arbitration Association’s rules for arbitration of consumer-related disputes.
12.3 Exceptions to Arbitration
The following disputes are not subject to the above provisions concerning informal resolution and binding arbitration: (a) any disputes seeking to enforce or protect, or concerning the validity of, any of our intellectual property rights; (b) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
12.4 Class Action Waiver
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity.
TERMINATION
13.1 Termination by Us
We may terminate or suspend your account and bar access to the App immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
13.3 Effect of Termination
Upon termination, your right to use the App will immediately cease. If you wish to terminate your account, you may simply discontinue using the App, or you may contact us requesting account deletion.
GENERAL PROVISIONS
14.1 Entire Agreement
These Terms constitute the entire agreement between you and us regarding your use of the App and supersede all prior and contemporaneous written or oral agreements between you and us.
14.2 Waiver
Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
14.3 Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
14.4 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms, at our sole discretion, without restriction.
14.5 Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by us via email (in each case to the address that you provide) or by posting to the App.
CONTACT INFORMATION
If you have any questions about these Terms, please contact us at:
Swept Technologies Group, LLC
254 Chapman Rd, Suite 208 #14588, Newark, DE 19702-5422
Email: [email protected]
Phone: +1 (302) 276-8621
By using the Swept Dating App, you acknowledge that you have read and understood these Terms and agree to be bound by them.