1. Acceptance of these terms
These Terms of Use ("Terms") form a binding agreement between you and SwipeTrack (the "Company", "we", "us") governing your access to and use of the SwipeTrack iOS application and any related websites and services (collectively, the "Service"). By downloading, installing, or using the Service you agree to these Terms. If you do not agree, do not use the Service.
2. License to use the Service
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the Service on Apple-branded devices that you own or control, solely for your personal, non-commercial entertainment.
You may not: (a) copy, modify, or distribute the Service except as expressly permitted; (b) reverse-engineer, decompile, or attempt to derive source code; (c) sell, rent, lease, sublicense, or otherwise transfer the Service; (d) remove or alter any proprietary notices; or (e) use the Service in a manner that violates applicable law.
3. User conduct
You agree not to use the Service to: (i) violate any law or regulation; (ii) infringe any third-party rights; (iii) interfere with or disrupt the Service or servers; (iv) attempt to gain unauthorized access to any portion of the Service; (v) use automated tools, bots, or scripts to manipulate gameplay, leaderboards, or progression systems; or (vi) exploit bugs or vulnerabilities to gain an unfair advantage.
4. Intellectual property
The Service, including all software, graphics, audio, text, animations, logos, and the SwipeTrack name and brand, is owned by the Company or its licensors and is protected by copyright, trademark, and other intellectual property laws. Except for the limited license granted in Section 2, no rights are transferred to you.
You retain ownership of any content you create (such as gameplay clips you record). By sharing such content publicly with reference to SwipeTrack, you grant us a worldwide, royalty-free, non-exclusive license to use, reproduce, and display it for promotional purposes related to the Service.
5. In-app purchases
The Service is currently offered free of charge with no required in-app purchases. If we add optional purchases in the future, they will be processed by Apple under Apple's terms. All purchases are final and non-refundable except where required by applicable law or by Apple's policies.
6. Third-party services
The Service is distributed by Apple and may use third-party infrastructure (such as Apple's App Store, Game Center, and crash reporting). Use of these services is subject to their own terms and privacy policies, which we do not control.
7. Updates and changes
We may update, modify, or discontinue features of the Service at any time, with or without notice. We may release updates that automatically install or that you may install at your option. Continued use of the Service after an update constitutes acceptance of the change.
8. Disclaimer of warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
9. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE. Our total aggregate liability under these Terms shall not exceed the amount you have paid us in the twelve (12) months preceding the claim, or USD $50, whichever is greater.
Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability; in such cases, the above exclusions may not apply to you.
10. Indemnification
You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from your violation of these Terms or your misuse of the Service.
11. Termination
We may suspend or terminate your access to the Service at any time, with or without notice, for conduct that violates these Terms or is otherwise harmful to other users, the Company, or third parties. Upon termination, your license under Section 2 ends immediately. Sections that by their nature should survive termination will do so.
12. Governing law and disputes
These Terms are governed by the laws of the jurisdiction in which the Company is established, without regard to conflict-of-laws principles. Any dispute will be resolved in the competent courts of that jurisdiction, except where mandatory consumer-protection law grants you the right to bring proceedings in your country of residence.
13. Changes to these Terms
We may revise these Terms from time to time. The "Last updated" date will reflect the most recent change. Material changes will be announced through the Service or our website. Your continued use of the Service after the effective date constitutes acceptance.
14. Apple-specific terms
The following terms apply to the iOS version of the Service:
- These Terms are concluded between you and the Company only, and not with Apple, Inc. ("Apple"). The Company, not Apple, is solely responsible for the Service.
- The license granted to you is limited to use of the Service on Apple-branded products you own or control, as permitted by the Usage Rules in the App Store Terms of Service.
- Apple has no obligation to furnish maintenance or support for the Service.
- Apple is not responsible for addressing any claims by you or a third party relating to the Service or your possession or use of it, including product liability, regulatory compliance, and consumer-protection claims.
- In the event of any third-party claim that the Service or your use of it infringes intellectual property rights, the Company, not Apple, will be solely responsible.
- You represent that you are not located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and have the right to enforce them against you.
15. Contact
Questions about these Terms? Email legal@swipetrack.run.
This document is provided for informational purposes and does not constitute legal advice.