Terms & Conditions

Last updated 1st April 2024

1. Definitions

When we say, “we,” “our,” or “us,” we’re referring to Shash7 pty ltd, an Australian private company, our employees, directors, officers, affiliates, and subsidiaries.

When we say “you” or “your,” we are referring to the person or entity that’s registered with us to use the Swipekit Services.

When we say “Terms,” we mean our Terms of Service, which includes our Privacy Policy.

When we say “Websites,” we mean our websites located at swipekit.app, including all subdomains and sites associated with those domains, and other websites that we operate now and in the future.

When we say “Services,” we mean our Websites, Application Programming Interfaces (APIs), applications, our content, and various third-party services that make up Swipekit.

When we say “Swipekit,” we mean our Websites and Services collectively.

When we say “information,” we mean all of the different forms of data that you provide us and that we collect from you from your use of the Services, your software, and your devices.

2. About Swipekit

Swipekit is a digital platform owned and operated by us, Shash7 Pty Ltd (ABN 11 656 115 669 ), a company incorporated in Victoria, Australia.

Swipekit also includes a Google Chrome extension that allows Swipekit users to save and analyse ads from applicable Facebook™ ****, TikTok™ and other Ad libraries by clicking on a relevant ad and saving it into their Swipekit account.

3. General Rules

To use Swipekit, you must

  1. Be at least thirteen (13) years of age.
  2. Complete the registration process.
  3. Provide current and accurate information.
  4. Agree to these Terms

And promise to follow these rules:

  1. You are responsible for all content you provide and your activities on Swipekit.
  2. You will use Swipekit in compliance with all applicable laws, rules, and regulations.
  3. You will not use Swipekit to solicit the performance of any activity which infringes our rights or the rights of others.
  4. You will not use Swipekit to upload, transmit, or otherwise distribute any objectionable content, as solely determined by us.

If you break any of your promises above or any of the rules in these Terms, we may terminate your account. Your actions may also subject you to legal consequences.

As long as you comply with our Terms of Service, we grant you a non-exclusive, non-transferable, limited privilege to use Swipekit. Your use of Swipekit is at your own risk.

4. Acceptance of Terms of Service

  1. By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site and/or installing the Chrome Extension, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
  2. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
  3. These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.

5. Registration

To sign up for the Services, you must register an account. You must provide accurate and complete information and keep your Account information updated.

To register, you must:

  1. Not any throwaway email provider to register(eg mailinator). Throwaway emails are explicitly prohibited and using throwaway email providers are against Swipekit’s terms.
  2. You must provide a valid email address which can receive our communication emails.
  3. You shall not use the name of another person with the intent to impersonate that person OR use the name of a person other than you without appropriate authorization.

You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission.

You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account.

You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees.

6. Refund Policy & Payment Terms

For all accounts, there are no refunds or credits for changes to your account or changes to the number of seats in your plan.

In the event that we aren’t able to process recurring payment on your account, your account will be disabled and we reserve the right to shutdown your account.

The free trial offer entitles new, registered users to a ten (10) day free trial of the Services. For all plans, you authorize us to charge you according to the plan you choose at the then current plan rate, and any other charges you may incur in connection with your use of the Services, such as taxes, duties, and possible transaction fees.

Monthly Plan: A valid credit card is required for you to continue using the Services on a month-to-month basis after the ten (10) day free trial period ends. The Services are billed in advance on a monthly basis and are non-refundable.

Yearly Plan: Payment in advance is required to continue using the Services on a yearly basis after the ten (10) day trial period ends. The Services are billed in advance on a yearly basis and are non-refundable.

7. Cancellation policy

You are solely responsible for the proper cancellation of your account. You may cancel your recurring billing cycle at any time by going to app.swipekit.app/profile/billing . An email or phone request to cancel your account is not considered cancellation. You will not be charged after cancellation. There is no cancellation fee.

In the event of cancellation or termination, your account will be immediately disabled, and your account and information cannot be recovered once the account is closed. We retain the right to retain or delete data provided to us by you at our sole discretion.

8. Intellectual Property Rights

Please read this section about IPR carefully. In these Terms, IPR means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the Convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights.

As between you and us, we own all IPR in Swipekit (Our IPR) other than:

  1. Content that you upload into Swipekit that you own or that you have a right from a third party to use: You may upload content that you own or that you have a right to use into Swipekit. As between you and us, you own the IPR in all content that you upload into Swipekit. You hereby grant us a non-exclusive, royalty-free, transferable, sublicensable licence to use that content in order to supply you with, and allow you to use, Swipekit.
  2. Third Party Advertising Content: Our website contains advertising content from public Ad transparency libraries (Ads). Swipekit does not claim to have ownership of these Ads, and we display them purely for the purposes of providing our Service. Citations, images, and paraphrasing may only be published elsewhere in limited extent, and only if crediting the respective owners (Copyright Holders). Copyright Holders may reach out to us to request for Ads to be removed at: [email protected] . When doing so, please provide the following information:
    • A description of the copyrighted work that you claim has been infringed, and any relevant further details (such as the title and date of publication, as applicable).
    • A description of where the material that you claim is infringing is located on our website (including a URL and screenshot).
    • Your address, telephone number, and email address so that we may get in contact with you.
    • A statement by you that you have a good faith belief that the disputed use of the copyrighted work is not authorised by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
    • A statement by you, made under penalty of perjury, that the notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf; and
    • An electronic or physical signature (which may be a scanned copy) of the copyright owner or the person authorised to act on behalf of the owner of the copyright interest.

You must indemnify us from all and any loss and damage that we suffer as a result of any third party claim that our possession or use of any IPR referred to in paragraph 6(a) and/or (b) above infringes the IPR of that third party.

We will indemnify you from all and any loss and damage that you suffer as a a result of a third party claim that your use of Our IPR in accordance with these Terms infringes the IPR of any third party, except to the extent caused by your breach of paragraph 6(a) and/or (b) or any other breach of these Terms by you.

You must not represent that you own any of Our IPR. You may only use Our IPR in order to operate your Swipekit account.

You must not directly or indirectly do anything that would or might invalidate, jeopardise, limit, interfere with or put in dispute Our IPR and you must not do or authorise the commission of any act that would or might invalidate or be inconsistent with our (or our licensors’) ownership of Our IPR.

You hereby assign to us all IPR in all and any comments in connection with Swipekit and any requests for new Swipekit features, that you may make or suggest regarding them (each, an Improvement Suggestion). Each such Improvement Suggestion becomes our sole and exclusive property. This assignment is effective when you disclose the Improvement Suggestion to us including under section 197 of the Copyright Act 1968 (Cth) and in equity. You also hereby consent to the infringement of any Moral Rights (as that term is defined in the Copyright Act 1968 (Cth)) that you may have in each Improvement Suggestions by us and by any third parties who we authorise.

9. Generative AI

Subject to the following terms, conditions, limitations and disclaimers, Swipekit may provide access to certain algorithms and tools that are trained on data sets and can generate text, images, video, sound or other outputs in response to user-generated prompts (together, Generative AI). By using any Generative AI on Swipekit, and notwithstanding anything to the contrary, you agree and acknowledge that:

  1. Generative AI carries certain risks, including factually untrue outputs, biased outputs, data security vulnerabilities, IP infringement, privacy risks, and additional licence terms.
  2. Generative AI is provided by third parties (Providers), and Swipekit is not responsible for the acts or omissions of any Providers.
  3. There may be on-going and unresolved legal disputes regarding Generative AI, including the right of Providers to ingest the data used to train the Generative AI.
  4. Swipekit provides access to Generative AI without any warranty of any kind and hereby disclaims all warranties, express or implied, regarding the Generative AI and your use thereof, including, without limitation, all warranties of merchantability, fitness for a particular purpose, and non-infringement.
  5. You agree not to use the Generative AI in any manner that infringes or violates the IPR or any other rights of anyone else.

Your use of Generative AI is at your own risk, and by using the Generative AI, you agree to indemnify, hold harmless and hereby release, acquit and forever discharge Swipekit from and against any and all claims, occurrences, actions, causes of action (whether at law or in equity), debts, damages, demands, offsets, payments, royalties, costs, attorney fees, obligations of every kind and nature, rights, liabilities, charges, expenses, contracts, promises, or agreements, direct or indirect, any claims for contribution or indemnity, and any claims for incidental or consequential loss or damage whether for loss of profit, loss of business, depletion of goodwill or otherwise, or other claims for incidental or consequential compensation, howsoever caused, regardless of the legal theory upon which they are based, whether known or unknown, claimed or suspected, fixed or contingent, now existing or arising at any time in the future, liquidated or unliquidated arising out of or relating to your use of Generative AI (collectively, Claims).

The foregoing release:

  1. Is made on behalf of your respective successors, assigns, agents, employees, representatives and affiliates.
  2. Shall be construed to release Swipekit’s affiliates and subsidiaries, predecessor and successor corporations or entities, and any and all of its past, present, and future investors, shareholders, officers, directors, employees, agents, representatives, lawyers, customers, partners, resellers, distributors and any and all other persons, firms, corporations, or entities acting by, through, under, or in concert with each of them.
  3. Includes, but is not limited to, any and all Claims or demands either Party has or may have against the other Party in contract, tort, breach of statutory duty, or any other statutory or common law cause of action.

10. What you cannot do with Swipekit

You must not:

  1. Use Swipekit to violate all or any legal rights of any person or other entity in any jurisdiction.
  2. Use Swipekit to develop a product or service that competes with Swipekit.
  3. Use Swipekit to modify, copy, prepare derivative works of, decompile or reverse engineer any content or software contained in Swipekit, except to the extent this paragraph is not permitted under non-excludable applicable law.
  4. Sell, license or exploit for any commercial purposes, any third-party owned IPR that you obtain from Swipekit, except where you otherwise have the consent of the owner of the IPR therein to do so.
  5. Sell, license or exploit for any commercial purposes any of Our IPR.
  6. Resell access to Swipekit or to any of the functionality made available in Swipekit.
  7. Use any scraper, robot, spider, crawler or other automated device to copy any part of, or content on, Swipekit.
  8. Use Swipekit in relation to crimes such as theft and fraud.
  9. Use Swipekit in breach of laws relating to the protection of copyright, trade secrets, patents or other IPR and laws relating to spam or privacy.
  10. Introduce malicious programs into our network or servers (e.g., viruses, worms, Trojan horses, e-mail bombs).
  11. Allow use of your Swipekit account by any other person.
  12. Use another person’s name, username or password or otherwise attempting to gain access to someone else’s Swipekit account.
  13. Use Swipekit to make fraudulent offers of goods or services.
  14. Use Swipekit to carry out security breaches or disruptions of network communications.
  15. Use Swipekit to execute any form of network monitoring which will intercept data not intended for you.
  16. Send unsolicited email messages through or to users of Swipekit in breach of applicable law.
  17. Use Swipekit to create, store, disclose or transfer content that is unlawful, harmful, obscene, an infringement of third party IPR, harassing or offensive.
  18. Use Swipekit to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages.
  19. Use of Swipekit in breach of any person’s privacy (such as by way of identity theft or "phishing”).

11. Affiliate Programs

In order to participate in Swipekit’s affiliate program you agree to the following:

  1. Self-referrals are not allowed (i.e. signing up for Swipekit through your own affiliate link)
  2. Abuse, gaming, or attempting to mislead (i.e. posting fake discounts to coupon-sharing websites) will result in your account being permanently banned.
  3. In some cases, we can give credit to an affiliate even if the customer didn’t sign up through an affiliate link or coupon code. If you have a case like this, please contact us and we’ll do our best to help.
  4. No search engine ads (especially on branded terms or domain names), Facebook ads or other ads that would compete with our own marketing and cause potential confusion for customers.
  5. No Facebook ads that link to our website or anything similar that would compete with our own paid marketing and drive up our costs and potentially cause confusion.
  6. No bidding or hijacking on competitor keywords/brand names
  7. No pretending to be acting on behalf of us (ie. as an employee).
  8. We reserve the right to change the Terms of Service for our affiliate program at any time.
  9. We reserve the right to terminate your affiliate account for violation of any of the rules at our sole discretion. Commissions generated by mechanisms that are in violation of our Terms of Service will not be paid or owed.
  10. Commission payments. Approved commissions are paid monthly, via paypal. Affiliate must provide a valid PayPal or Wise account details in order to receive commissions.
  11. Affiliate must signup via our Affiliate partner Rewardful and agree to both Swipekit’s and Rewardful’s terms of service.

12. Liability

Our and your liability is limited in a few different ways:

  1. Each party’s liability in respect of your subscription to Swipekit is limited, in the aggregate, to the Swipekit subscription fees paid by you to us.
  2. Each party will not have any liability for any matter beyond its reasonable control, such as for third party software failures and telecommunications network faults.
  3. Each party will not have any liability for any indirect, special or consequential loss or damage arising in connection with your Swipekit subscription, including loss of profits, loss of revenue, loss of or unauthorised access to or alteration, deletion of, or failure to store, content or data, or for loss of or damage to goodwill, whether arising in contract, tort (including negligence) or otherwise, and whether the loss or damage is foreseeable or not.
  4. _Fo_r any breach by us of any applicable guarantee under Schedule 2 to the Competition and Consumer Act 2010 (Cth) (the Australian Consumer Law) or any other similar law, our liability will be limited to one or more of the following as determined by us: if the liability concerns goods, (i) the replacement of the goods, or the re-supply of the goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and if the liability concerns services: (i) the supplying of the services again; or (ii) the payment of the cost of supplying the services again; and;
  5. We will not be liable as a result of any downtime or unavailability of Swipekit where we take Swipekit offline for maintenance purposes.

However, nothing in these Terms limits either party’s liability for any intentional breach, for breach of the other party’s IPR, for any breach of applicable law or to the extent the liability cannot be limited under non-excludable applicable law. In addition, each party will not be liable for any non-performance of its obligations under these Terms where caused by the other party’s wrongful acts or omissions or for any other matter beyond a party’s reasonable control.

13. Compliance with these Terms

If a party breaches any of these Terms, the other party may notify that party in writing that it requires it to rectify the breach. If:

  1. the notified party fails to rectify a breach that is remediable within 7 days of receiving the notice OR
  2. the breach is not remediable.

14. Laws that apply

These Terms are governed by the laws in force in Victoria, Australia.

You and we each irrevocably submit to the non-exclusive jurisdiction of the courts located in Victoria in relation to any proceedings or disputes concerning Swipekit or these Terms.

15. General

Severability: If any part of these Terms is deemed invalid by a court of competent jurisdiction, the remainder of these Terms is still enforceable.

Relationship: No employment, joint venture or partnership relationship is formed by these Terms.

Entire Agreement: These Terms are the entire agreement between you and us about its subject matter and supersede all other proposals, arrangements, representations and agreements between you and us about its subject matter.

Currency: all reference to currency, monetary values, “dollars” or “$” in these Terms and on our website at swipekit.app are to US dollars.