Switchur Terms of Service

This Terms of Service Agreement (“Terms Agreement”) describes the conditions that govern your access to and use of the Service Offerings (as defined below) and is an agreement between Switchur (“Switchur”, “we”, “us” or “our”) and you or the entity you represent (“you” or “your”). “Service Offerings” means the Switchur web application service (including associated API's), and any other product or service provided by us under this Terms Agreement. Service Offerings do not include Third-Party Content.

This Terms Agreement takes effect when registering for an account with Switchur by ticking the check box presented with these terms or, if earlier, when you use any of the Service Offerings (the “Effective Date”). You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into this Terms Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity.

Usage terms

1. Your account. To access the Service Offerings, you must create an account associated with either a valid email address, a valid Facebook identity, or a valid Google+ identity. You will only create one account representing your authentic identity. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We may suspend your right to access or use any portion or all of the Service Offerings immediately (upon notice to you) if we determine your use of the Service Offerings (a) poses a security risk to the Service Offerings or any third party, (b) could adversely impact our systems, the Service Offerings or the systems of any other third party, (c) could subject us, our affiliates, or any third party to liability, or (d) could be fraudulent.

2. Changes to the Service Offerings. We may change or discontinue any or all of the Service Offerings or change or remove functionality of any or all of the Service Offerings from time to time. We will notify you of any material change to or discontinuation of the Service Offerings.

3. General. The Service Offerings :

  1. will continue until terminated. You may terminate by discontinuing use of the Service Offerings. We may terminate at any time for any reason. Your use terminates automatically if (a) you violate any term of this Terms Agreement, (b) Switchur publicly posts a written notice of termination on the Service Offerings, (c) Switchur sends a written notice of termination to you, or (d) Switchur ceases providing access to the Service to you;
  2. shall be made available using reasonable efforts twenty-four hours a day, seven days a week. However, there will be occasions when the Service Offerings will be interrupted for maintenance, upgrades and emergency repairs. Every reasonable step will be taken by Switchur to minimize such disruption where it is within our reasonable control. We agree to use reasonable efforts to provide you with prior notice of any scheduled Maintenance (except for emergency Maintenance). You agree that we will not be liable in any event to you or any other party for any suspension, modification, discontinuance or lack of availability of the Service Offerings;
  3. are not responsible for any equipment or ancillary services needed to connect to, access or otherwise use the Service Offerings, including, without limitation, mobile phones, modems, hardware, software, data plans, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service Offerings; and
  4. may not be abandoned. We may determine an account is abandoned if (a) no user logs to the Service Offering over a period of 90 days, and (b) data transmissions or API activity have ceased or are returning invalid responses. In the event an account is determined to be abandoned we reserve the right to delete, without liability of any kind, the account.

4. Restrictions. You may not use the Service Offerings :

  1. to transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Switchur user;
  2. to violate the security of any computer network, crack passwords or security encryption codes, attempt denial of service, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity;
  3. to run Maillist, Listserv, any form of auto-responder or spam producer;
  4. in connection with or to promote any products, services, or materials that constitute, promote or are primarily used in illegal activities;
  5. in any manner that violates any US law or regulation, any right of any person, including but not limited to property rights, contract rights, rights of privacy, or in any manner inconsistent with this Terms Agreement;
  6. in connection with life support systems, or other mission critical applications where human life or property may be at stake. You understand that the Service Offerings are not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which Switchur is not responsible; or
  7. to sell, lease, share, transfer, repurpose for sale or sublicense the Service Offerings without our prior, express, written permission.

5. Privacy. Please review our Privacy Policy, which also governs the Service Offerings, to understand our practices.

6. Communications. When using the Service Offerings or sending e-mails to us, you are communicating with us electronically. You provide consent to receive communications from us electronically. We will communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

7. Warranty disclaimer. Users of the Service Offerings may gain access to third party sites on the Internet through hypertext, APIs, or other computer links via the Service Offerings. Third party sites are not within the supervision or control of Switchur. Switchur does not make any representation or warranty whatsoever about any third party site that may be linked to or from the Service Offerings. Switchur has no special relationship with or fiduciary duty to you. You acknowledge that Switchur has no control over, and no duty to take any action regarding: which users gain access to the Service Offerings; what you access via the Service Offerings; what effects the Service Offerings may have on you; how you may interpret or use the Service Offerings; or what actions you may take as a result of having been exposed to the Service Offerings. Switchur will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service Offerings.

SWITCHUR DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OFFERINGS ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID. THE SERVICE OFFERINGS ARE PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND SWITCHUR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT. YOUR USE OF THE SITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE PHONE, OR LOSS OF DATA.

8. Limitation of liability. SWITCHUR SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE OR THE SERVICE, WHETHER SUCH DAMAGES ARE BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT SWITCHUR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL SWITCHUR BE LIABLE TO YOU FOR ANY AMOUNT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Fees. The Service Offerings are currently free, but we reserve the right to charge for certain or all services in the future. We will notify you before the Service Offerings you are then using begin carrying a fee, and if you wish to continue using the Service Offerings, you must pay all applicable fees for the Service Offerings.

10. Indemnity. To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Switchur, and its employees, officers, agents, or other partners from and against any third party claim arising from or in any way related to your access or use of the Service (including anything you develop using Switchur), including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. Switchur shall use good faith efforts to provide you with written notice of such claim, suit or action.

11. Assignment. You will not assign or otherwise transfer this Terms Agreement or any of your rights and obligations under this Terms Agreement, without our prior written consent. Any assignment or transfer in violation of this section will be void. Subject to the foregoing, this Terms Agreement will be binding upon, and inure to the benefit of the parties and their respective permitted successors and assigns.

12. Questions. If you have any questions about this Terms Agreement, please email corporate@switchur.com.

Last updated January 12, 2018