Last Updated: 2025-02-14
1. Acknowledgement
This EULA is concluded between you and Swept Technologies Group, LLC (“we” or “us”) only, not with Apple. We, not Apple, are solely responsible for the Swept Dating application (“Licensed Application”) and its content. Your use of the Licensed Application must comply with the App Store Terms of Service.
2. Scope of License
We grant you a non-transferable license to use the Licensed Application on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service. This license does not allow you to use the Licensed Application on any Apple device that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time.
3. Maintenance and Support
We are solely responsible for providing any maintenance and support services for the Licensed Application. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
4. Warranty
We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
5. Product Claims
We, not Apple, are responsible for addressing any claims from you or any third party relating to the Licensed Application or your possession and/or use of the Licensed Application, including, but not limited to:
- Product liability claims;
- Any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
- Claims arising under consumer protection, privacy, or similar legislation.
6. Intellectual Property Rights
In the event of any third-party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
7. Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer Name and Contact Information
If you have any questions, complaints, or claims with respect to the Licensed Application, 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
9. Third-Party Terms of Agreement
You must comply with applicable third-party terms of agreement when using the Licensed Application. For example, if you have a VoIP application, you must not be in violation of your wireless data service agreement when using the Licensed Application.
10. Third-Party Beneficiary
You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.
11. Termination
This EULA is effective until terminated by you or us. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms.
12. External Services
The Licensed Application may enable access to our and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. We are not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services.
13. Limitation of Liability
To the extent not prohibited by law, in no event shall we be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data, business interruption, or any other commercial damages or losses, arising out of or related to your use or inability to use the Licensed Application, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if we have been advised of the possibility of such damages.
14. Governing Law
This EULA shall be governed by and construed in accordance with the laws of Delaware, excluding its conflicts of law rules.
15. Entire Agreement
This EULA constitutes the entire agreement between you and us regarding the Licensed Application and supersedes all prior or contemporaneous understandings regarding such subject matter.
By using the Swept Dating application, you acknowledge that you have read and understood this EULA and agree to be bound by its terms.