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Terms of Service

Please read these terms of service ("TOS") carefully. They constitute a legally binding agreement and contain terms limiting our liability to you, exclusions of certain warranties, and terms relating to our access to and use of data collected and analyzed by the Swrve Service.

These TOS apply to the Swrve Service for customers with Developer licenses, temporary licenses and commercial licenses.

We reserve the right to change or modify any of these TOS at any time, in our sole discretion. Updated Service Terms will apply from the earlier of (i) thirty (30) days after posting of (ii) your indication of agreement to the updated terms, via clickthrough or otherwise. Your continued use of any part of the Swrve Service following such effective date will constitute your acceptance of such changes or modifications.

BY CLICKING THE "I ACCEPT" BUTTON, COMPLETING THE REGISTRATION PROCESS AND/OR USING THE SWRVE SERVICE, YOU AGREE TO BE BOUND BY THESE TOS. If you are using the Swrve Service on behalf of a company, you must have the authority to bind that company to these TOS. If you are not willing to be bound by these TOS, you should not complete the registration process and should not use the Swrve Service.

The Swrve Service is made available by Swrve New Media (“Swrve”, “us” or “we”) to your company (“you”).

ACCESS
The “Swrve Service” includes access to: (i) the Swrve service, documentation, sample code and any fixes, updates and upgrades provided; (ii) the Swrve Application Programming Interface (“Swrve API”), the Swrve SDKs and/or Swrve integration code (“Integration Code”), necessary for you to install and deploy in order to make use of Swrve functionality; (iii) the Swrve dashboard, analysis, testing, messaging tools and administrative console; and (iv) a variety of reports related to the behavior and usage patterns of users using your application (“Reports”). The Swrve Service may be used by you for the purposes of app content, advertising and feature management, campaign tracking, messaging, push notifications and analytics according to the Swrve Edition to which you have subscribed.

We hereby grant you a non-exclusive, non-transferable, limited-term license to (ii) make calls to the Swrve API and/or (i) install, use and embed the Swrve Integration Code (in executable form only) into your application, each for the purposes of using the functionality offered by the Swrve Service in respect of the Swrve Edition to which you have subscribed.

Access to the Swrve Service is limited to those of your employees and contractors who have been issued usernames and passwords by us or you. Your licensee administrator may also ask us (via email) to create logins for third party users who are assisting you with app development and maintenance. Administrator users can set access permissions for other users. You should ensure that details of your administrator users are kept up to date and that you notify us if your administrator users are changed or leave your company. You are responsible for any activity by users issued under your account.

Reports may be distributed within your organisation for the purpose of analysing your app.

SERVICE UPDATES
We will be updating the Swrve Service and adding new or different features and functionality on a regular basis. Provided you are current with fees, you will be granted access to the updated versions of features to which you have subscribed. Optional or new features and functions may be subject to additional fees. We may also adjust or delete certain features from time to time.

FEES
Whether fees are payable by you will depend on whether you have a temporary license (including a Developer license) to use the Swrve Service or a commercial license (e.g. Flex, Pro or Enterprise)., Unless we both agree otherwise, no fees are payable for a temporary license for usage within the agreed limits. For commercial clients, you will have entered into written commercial terms (“Commercial Terms”) which outline the access fees payable and other commercial terms applicable, including the Swrve Edition to which you have subscribed. The Commercial Terms are in addition to these TOS and to the extent there is a conflict, the Commercial Terms will apply.

DATA
The Swrve Service collects data regarding the behavior and usage patterns of users of your application. Please see “Swrve and Your Data” for comprehensive information on the data collected by the Swrve Service. The user information which is collected by the Swrve Service is defined as “User Data”. Other than required device information such as make, model, resolution etc, you are in control of the data to be collected and analyzed via the Swrve Service. Unless we have agreed in writing otherwise, we do not wish to receive or be given access to any user’s personally identifiable information and you should ensure that any data made available to us via your app or otherwise does not contain any personally identifiable information.

You are responsible for obtaining all the appropriate permissions from your users to allow us (and our third party service providers) to collect, store and use the User Data as outlined in these TOS. You agree that you have and will abide by an appropriate privacy policy relating to the collection and use of information from your users. You must post a privacy policy and that policy must provide notice of your and our use of User Data. You will comply with all applicable laws related to the provision of, access to and information collected by you related to your users, including, but not limited to, laws and regulations related to information to be collected from minors (e.g. COPPA). You are also responsible for ensuring that your use of the Swrve Service complies with any service terms of your third party service- and platform-providers (such as Facebook, Apple, Google Play etc.). Please see additional terms relating to Facebook campaign tracking data below. We are not required to and will not store or maintain User Data collected in breach of any relevant data protection or other applicable laws.

The Swrve Service is provided on a software-as-a-service, hosted basis. As such, our third party hosting provider (currently Amazon Web Services) will have access to the same data, including User Data, as we do. Our hosting provider is only permitted to process this data for the purposes of providing hosting services to us.

During the Term and after termination Swrve may maintain, use and publish anonymised User Data. We will not disclose User Data in such a way as to identify you, your application or your users without your (or your users’, as applicable) prior written permission.

FACEBOOK CAMPAIGN TRACKING
If you request or access Facebook Campaign tracking information via the Swrve service, you hereby authorize Swrve to collect such information on your behalf. In order to make use of the Swrve Service to track Facebook advertising campaigns, you must have entered into relevant Facebook advertiser terms and you agree to be bound by those terms. If you (as opposed to Swrve, or the Swrve system/SDK) are collecting Facebook attribution data, you must have entered into an agreement with Facebook allowing such access and agree to be bound by those terms. In order to collect Facebook attribution and conversion data, Swrve is bound by terms entered into with Facebook and will only share Facebook user data in accordance with those terms, including only making Facebook mobile analytics data collected by Swrve available to you in an aggregated and anonymous form. Swrve may make available to Facebook any forms of Reports related to Facebook campaign tracking, and may make changes to the forms of such Reports at any time as requested by Facebook. If the Facebook mobile analytics data is collected via a Swrve-provided code snippit or via the Swrve SDK then, on request by Swrve, you must remove or adjust, as directed by Swrve, or upgrade such code snippit or SDK functionality within eight (80) days of such request such that the code snippit or SDK no longer collects Facebook mobile analytics data.

You must provide appropriate and sufficiently prominent notice to, and obtain the appropriate consent from users of your games/apps regarding the collection, use and disclosure of such user’s mobile analytics information, including, at a minimum, through the privacy policy of your game/app. You acknowledge and agree that Swrve will act on the “opt out” instructions provided by a user directly to Swrve, whereby, on receipt of such “opt out” instructions, Swrve will no longer be able to provide you with Facebook campaign data related to that user. The user “opt out” operates globally across the Swrve system with regard to Facebook campaign tracking data and so such users will not be tracked within your game/app even if the user’s choice to “opt out” is unrelated to your game/app.

SUPPORT SERVICES.
Support queries may be logged via email to support[at]swrve.com or directly via the Swrve Service.

YOUR RESPONSIBILITIES
6.1 You may not use the Swrve Services to:
(a) upload, post, send, email, or otherwise transmit or make available:
(i) any content that contains unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libellous, hateful, or racially or ethnically objectionable material;
(ii) any content or material that you do not have a right to transmit or any material that infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party;
(iii) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other unauthorized forms of solicitation; or
(iv) 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;
(b) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(c) interfere with or disrupt the Swrve Service or servers or networks connected to the Swrve Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Swrve Service; or
(d) violate any applicable local, state, national or international law or regulation.

6.2 You may not
(a) copy, modify or create derivative works of the Swrve Service or portions thereof;
(b) disclose or allow access to the Swrve API to any third party except to contractors who are assisting you in the development, enhancement or maintenance of your app;
(c) distribute the Swrve Integration Code in any form other than executable, object code form, complied into your app;
(d) disclose the results of any quality, benchmark or performance testing of the Swrve Service to any third party without our prior written approval;
(e) work around any technical limitations in the Swrve Service;
(f) allow access to, publicly perform or display the Swrve Service other than to your employees or authorized contractors to whom we or your administrator users have issued usernames and login details; or
(g) transfer your access to the Swrve Service or this agreement to any third party.

7.3 Use of the Swrve Service is subject to the Swrve Service Guidelines, which may be updated from time to time.

OWNERSHIP; FEEDBACK
The Swrve Service is owned by us and is protected by copyright and other intellectual property laws. All rights not expressly granted herein are reserved by us.

We encourage you to provide feedback on errors or quality issues and suggestions for the improvement of the Swrve Service. You agree that we may use feedback that you provide to us in any way, including in future enhancements and modifications to the Swrve Service. You grant to us a perpetual, worldwide, irrevocable, royalty free license to use, reproduce, modify, create derivative works of, distribute, and display the feedback for any purpose.

NON-DISCLOSURE
The Swrve Service, including the ideas and concepts contained therein and the documentation accompanying the Swrve Service, constitutes confidential information of ours. You shall not disclose the details of the Swrve Service, or portion thereof, to any third party. This section shall survive termination of this Agreement until and to the extent that such information becomes publicly available. If we have signed a non-disclosure agreement, the terms of such agreement shall also apply to your use of the Swrve Service, to the extent that such terms do not conflict with this Agreement.

TERM
Developer Edition and temporary licenses: Access is on a month-to-month basis and either party may terminate access at any time by giving email notice to the other.
Flex Edition: Unless otherwise agreed in the signed Commercial Terms, access is on a month-to-month basis. Either party may terminate access by giving the other not less than five (5) business days’ email notice, such notice to take effect at the end of a contract month.
All other Editions: The Term will be as outlined in your Commercial Terms. On expiration of the initial contract term, the agreement will automatically renew for annual periods unless either party gives the other not less than thirty (30) calendar days’ email notice of its intention not to renew, in which case the contract will terminate as of the following renewal date.

Please send any contract requests to contracts@swrve.com.

Termination by You for Cause

You may terminate this Agreement for cause: (i) upon 30 days written notice to us of a material breach if such breach remains uncured at the expiration of such period, or (ii) if we become the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.

Upon any termination for cause by you, we shall give you a refund of any prepaid fees pro-rated to the effective date of termination.

Termination by Us for Cause

This agreement and your right to use the Swrve Service shall terminate automatically if you violate any part of these Service Terms or if you become insolvent. In this case, no refund of pre-paid fees will be provided by us.

If you are late making payment of applicable fees, we will notify you and you will have fifteen (15) days to remedy such late payment. If you have not made payment within that period, we may terminate your access to the Swrve Service without liability to you.

If you are in breach of any of the terms of this Agreement, we may suspend access to the Swrve Service in addition to any other rights we have in law or equity.

Effects of Termination

Upon termination, you will stop using the Swrve Service (and you acknowledge that we may terminate your account). On termination you will remove the Swrve Integration Code from your app and cease all use of the Swrve Integration Code and Swrve API. Unless this agreement has been terminated for your breach, insolvency or non-payment of fees, you need not remove the Swrve Integration Code from your app immediately but must do so within a reasonable period.

You acknowledge that, on termination of the Swrve Service, your users will no longer have access to any personalization features or customized versions of your app which were enabled by the Swrve Service.

Unless your access to the Swrve Service has been terminated for non-payment, insolvency or for breach of these TOS, we will maintain your User Data and game information for a period of not less than thirty (30) days and make it available to you to download in a format reasonably determined by us. If we terminate your access to the Swrve Service for non-payment or breach of these TOS, you should be aware that all User Data and game information may be deleted permanently and may not be retrievable.

We are not obliged to maintain User Data or game data for longer than thirty (30) days after you have stopped using the Swrve Service.

WARRANTIES
We warrant that the Swrve Service will operate substantially and materially in accordance with its specifications and documentation on the Swrve website.

Beta features and relevant Reports are provided on an AS IS basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement.

We do not warrant that access to the Swrve Service will be uninterrupted or that the Swrve Service or Reports will be error-free.

LIMITATION OF LIABILITY
In no event shall we be liable for any indirect, special, incidental or consequential damages whatsoever arising out of the use of or inability to use the Swrve Service, whether based on contract, tort or other legal theory, even if we have been advised of the possibility of such damages.

Developer and Temporary Access: If we are held liable for any reason under this Agreement or in relation to the Swrve Service, in no event will our liability exceed US$10.00.

Commercial Access: If we are held liable for any reason under this Agreement or in relation to the Swrve Service, in no event will our liability exceed the fees paid by you in respect of the Swrve Service for the previous twelve (12) months.

ENTIRE AGREEMENT
These TOS, the Commercial Terms (if any) and the Swrve Service Guidelines constitute the complete and entire agreement of the parties and supersede all previous communications, oral or written, and all other communications between us relating to the use of the Swrve Services. No representations or statements of any kind made by either party, which are not expressly stated herein, shall be binding on such party.

GENERAL
If any provision of this Agreement is judged to be unenforceable, that provision shall be amended to the extent necessary to make it enforceable.

APPLICABLE LAW
United States. If you are based in North America, Californian state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles.

Outside the United States. If you are based outside of North America, the laws of Ireland apply and the parties hereto submit to the exclusive jurisdiction of the courts located in Dublin.

The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this Agreement.


Within North America, the Srwve Service is provided by Swrve New Media Inc, a California-registered company with its principal offices at 575 Market St, Ste 575, San Francisco, CA 94105. Outside of North America, the Swrve Service is provided by New Game Technologies Limited dba Swrve New Media, an Irish-registered company with its primary office located at 2nd Floor, IBOA House, Stephen St Upper, Dublin 8, Ireland.


Privacy Policy

Swrve has drafted this Privacy Policy to explain (i) how we use data you provide to us through this Website and (ii) how we use the data we collect when users use applications or play games which make use of the Swrve Service.

Privacy is important to us. We have established this Privacy Policy to explain how information is collected, protected, used and disclosed by us and through our Website and the Swrve Service.

Our Privacy Policy will be updated from time to time. Should our privacy practices change, we will post the policy changes on the Website and indicate the date the Privacy Policy was last updated. We encourage you to check back at our Website periodically if you are concerned about how your information is used.

This Privacy Policy is divided into two sections, the first deals with information that we collect via this Website and the second deals with information that we collect via our customers’ applications or games which utilize the Swrve Service. In the second case, our customers are providing user information to us, but we also wanted to outline to users how we, in turn, use and share that information.

Website
Manually-Inputted Information
You can visit and browse the Swrve Website without providing any information about yourself. You may voluntarily provide personal information, such as contact information, or we may ask for such information in various forms on this Website, including requests for product or service information, white papers, registration for Webinars etc.

We may use your email address or other contact information you give us to contact you with product or service information. If we ask for your preferences (e.g. in relation to games, platforms etc), we will only use that information to tailor our communications to you. We may also use preference information on an aggregated basis (where you are not personally identifiable) for our business, research, product development and marketing purposes. Other than as outlined below, we do not make personally identifiable information available to any third party and we do not sell any personally identifiable information to third parties.

Automatically-Collected Information
When you access the Swrve Website, some information may be automatically collected, such as your computer's or mobile device’s Internet Protocol (IP) address, your computer's or mobile device’s operating system, the browser type, the address of a referring web site, and the time and date of your visit.

The Website use cookies. A "cookie" is a small text file placed on your computer's or mobile device’s hard drive by a web server - which is acknowledged by your web browser which acts to identify your computer. Cookies are used to collect and send information about your website visit – for example, number of visits, average time spent, pages viewed, navigation history through the website and other statistics. We use cookies to improve the quality of our Website and the Swrve Services. Cookies cannot be used to access any other data on your computer and cannot be used to personally identify you. You can prevent cookies being placed on your hard drive by setting your internet browser settings to not accept cookies.

Where you do provide personal or contact information, you may not provide false information about yourself.

Swrve Service - Users
When you download, pay for or play a game or use an application which uses the Swrve Service (i.e. an app/game developed by a Swrve customer), the privacy policy that applies is the one between you and the game or application developer or provider (“Developer”). In order to offer the Swrve Service to Developers, we require that they obtain permission from you to share certain information with us. This information may be “personal” information, such as your name, address, contact details and social network user information (“Personal Data”). Information collected may also be non-personal information, such as mobile device information like operating system and hardware type, IP address, UDID/MAC address, your gameplay habits and preferences, game platforms and media, geographic location, gender and age (“User Data”).

We do not require access to sensitive personal information, such as medical or health information; racial or ethnic origin; political opinions; religious or philosophical beliefs; sexual orientation.
rientation.

How We Use your Information
We use User Data make the Swrve Service and its features available to our Developers, which includes allowing Developers to customise your online experience to your preferences and allowing Developers to target content to users based on in-game and in-app behavior.

We may use User Data to enhance the Swrve Service. We may compare and review your personal information for errors, omissions and for accuracy.

We use User Data in aggregate or anonymized form (such that users are not personally identifiable) for our business, research, product development and marketing purposes.

How We Share your Information
We may share our data, including personal information about you, with our subsidiary companies.
Disclosure of your information to third parties
In addition to the other purposes outlined in this policy, we may share:

  • any information or data in response to a verified request by law enforcement, immigration, customs or other government officials relating to a criminal investigation or alleged illegal activity.

  • User Data with our business partners or for product development, marketing or public relations – information shared is limited to aggregated or anonymized data.

  • any information or data with our hosting provider who may only use the information to administer our Website and the Swrve Services. The hosting provider is required to keep all information private and secure

  • Any information in connection with any merger, sale of Swrve’s assets, or a financing or acquisition of all or a portion of our business by another entity.



How to Edit Your Information
You may ask us to delete any personal information you have provided directly to us at any time. We do retain the right to use the aggregate data we have collected, provided that such data does not personally identify you.

You may also contact your game/application provider to edit or delete information held about you. When we receive a request from a Developer to amend or delete Personal Information, we shall promptly do so.

Access To Persons under 13 years
The Website is not intended for persons under 13 years of age. The Website and Swrve Services are not developed or directed at children, although some of the games and applications using the Swrve Services may be directed at children under 13. We do not knowingly solicit or collect any personally identifiable from children under the age of 13, nor do we knowingly market the Website and Swrve Services to children under the age of 13. If we learn that we have collected personal information from a child under the age of 13 contrary to local laws, we will delete that information as soon as possible. Please contact us at privacy@swrve.com if you have reason to believe that any personal information from or about a child under 13 has been provided to us without the appropriate consent.

End User Opt-Out - Facebook Campaign Tracking
Some of our customers who advertise on Facebook ask us to track data related to how many and which people who have seen an advertisement then install a game/app. In this case, Swrve tracks this information anonymously and cannot link that information to a named Facebook user. However, users may, in any case, ask us to cease tracking such information. To do so, please provide us with the your MAC Address and we will cease to track such information. Please allow up to 10 days for the request to be implemented on our systems.

Facebook Opt-Out


Contact Us
If you have any questions about this privacy statement or our information practices you can contact us by emailing us at privacy@swrve.com
This document was last updated on April 8th, 2013

Swrve New Media Inc.,
575 Market Street, #2725 San Francisco, CA 94105, USA
New Game Technologies Limited t/a Swrve
9 Windsor Place,
Pembroke Street Lower
Dublin 2, Ireland
Company Reg #449422

Facebook Opt-Out


Please remove my device from any Facebook ad campaign tracking

Swrve