1. USING THE SWAC APPLICATION
A. USE OF LOCATION SERVICES
The Applications allow you, your employer or the entity that has requested to provide you access to the Applications to obtain your location via web application, API interactions and other means for maps and driving directions and stores in real-time, depending on your cellular carrier, wireless device and access means. Subject to your compliance with these Terms, you will be allowed to access and use the Applications and any upgrades, modifications, or additions thereto. By agreeing to these Terms, you expressly consent to your location or your employee’s location being obtained through the Applications. You remain solely responsible to obtain any hardware, firmware, third-party software and any broadband, telephone, wireless, or internet services required to access the Applications.
Reserve the right to make any changes to the Applications including without limitation by adding or removing any features. may modify this Agreement at any time by posting an updated version. You should visit this page time to time to review the current terms for the Applications because they are binding on you. By continuing to use the Applications, following any modification of this Agreement, you accept and agree to be bound by such modification. If any modification is not acceptable to you, your sole remedy and recourse is to discontinue use of the Applications.
B. Software License
Subject to your compliance with these Terms of Service, hereby grants you a limited, non-exclusive, non-transferable and non-sub licensable license to access and use the Applications to use the Service, provided that:
1. The Applications are not sold but licensed to you under the terms and conditions hereunder. Except for the limited license expressly granted, you acknowledge and agree that, and its licensors (collectively " Entities") shall own all right, title and interest in and to the Application, including without limitation all intellectual property rights therein;
2. The Application is for your personal use and/or internal business operations and is not for resale or other transfer or disposition to any other person or entity.
3. Use the Applications in any manner that violates any statute, law, rule, regulation, directive, guideline, by law whether presently in force or may be implemented by federal, state or local authorities.
C. Restrictions on Use
You agree not to use or submit any content that contains software viruses or any computer code, files, or programs designed to interrupt, destroy, or limit functionality of the Application or of any computer software, hardware, or telecommunications equipment. You also agree to not decipher, decompile, disassemble, use sniffers (except Ethereal, tcpdump or HTTP Watch in general) or reverse engineer any of the software comprising or in any way making up part of the Application. We have to disallow use of request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the application.
D. Billing & Fees
1. is a pre-paid service. Payment for the service will be made by valid Checks will be accepted for prepayments.
2. The fees for your Account will be billed from the date your Account is activated, and on each monthly or yearly renewal thereafter unless and until you cancel your account..
3. You acknowledge that the amount billed each month or year may vary for reasons that include, differing amounts due to opting new versions, differing amounts due to changes in your account, or sales taxes as required by particular jurisdictions, and you authorize us to charge for such varying amounts. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods.
4. Should you elect to change your Account, the commencement date for your next renewal period will be reset and you will be billed for the first month or year of the upgraded level of service on a pro-rata basis. For example, if you begin your monthly Basic Account on May 15th, your next payment would be due on June 15th. On May 22, you upgrade to a other version Account with more monthly service, and pay the new amount associated with the upgraded Account you have selected, less the amount equal to 7 days at your previous Account rate. Your next payment would then be due on June 22.
5. May change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. your continued use of the Application constitutes your authorization for us to continue billing and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information current and updated.
6. You (or your employer/account owner) are responsible for paying any fees charged by your wireless telephone carrier or other service providers for allowing you to access the Applications, including any data plan charges, out-of-area, roaming, or other connection charges.
E. System Requirements
1. In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications ('Software Requirements').
2. The Software Requirements for downloading the Mobile App would vary as per the mobile platform. The Mobile App would be available in English Language as of now.
3. The version of the Application software may be upgraded from time to time to add support for new functions and services.
F. Your Information
1. You agree to provide with true, accurate, current and complete information about yourself (the "User Information") as prompted by the sign up process,
2. Maintain and promptly update such information to keep it true, accurate, current, and complete at all times. If you provide Application with any information that is untrue, inaccurate, not current or incomplete, or has reasonable grounds to suspect so, has the right to suspend or terminate your access and future use of any or all of the Services of Application.
4. We reserve the right to close your account at any time for any or no reason. Your account is for your personal, non-commercial use only.
5. Application utilizes location based services for their enterprise customers. Applications use notification and SMS for privacy alerts when you use these services, you may be subject to data charges from your wireless carrier, depending on your wireless data plan and rates.
2. INFORMATION PRIVACY
A. Responsibility for Your Content
1. You are responsible for maintaining confidentiality of your user name, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to firstname.lastname@example.org.
2. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account.
3. You are advised not to provide any administrative rights or confidential business information to any of your staff on real time systems. We are not responsible for any breach occurring due to misuse of any credentials provided by you.
B. Business Data Confidentiality
We provide sample Brochures or process manuals for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such documents consists of random data. For implementation/training, we recommend that you should use sample data set & it is your responsibility to maintain your data carefully.
C. International Use
You acknowledge and agree that it is your responsibility to comply with all applicable laws regarding the transmission of data from the country in which you reside.
3. PRIVACY POLICIES
Among the information we collect, please note:
A. What we collect:
We may collect the following information: name, job title, contact information including email address and other information relevant to customers
B. What we do with the information we gather:
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
I. Internal record keeping for employers.
II. We may use the information to improve our products and services.
III. We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
IV. From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
C. Service Performance and Data Security
We provide software as service and use world’s best infrastructure for our cloud services. However the backup & recovery of critical business data is with the customer. We in no way are responsible for any interruption of service or performance issue arising due to the hosting or other services offered by any third party that we depend on. You are responsible for taking periodic backup of your data and we are not responsible for any data loss that may occur due to unpredictable situation.
E. Sharing and usage of your personal information
We will never share, sell, or rent individual personal information with anyone without your advance permission or unless ordered by a court of law. This information is only available to employees managing this information for purposes of contacting you or sending you emails based on your request for information.
F. Compliance with Law
We Complies with all applicable privacy laws and regulations. We may be compelled to surrender personal user or customer information to legal authorities without expressed user consent if presented with a court order, or as required or permitted by the laws, rules and regulations of any nation, state or other applicable jurisdiction. In the event of a violation of the terms and conditions of usage or a violation of any restrictions on usage of services we may disclose personal user information to our affected business partners or legal authorities.
I. You shall remain solely and totally responsible for any Content that you upload to, transmit to, or create in any of the interactive portions of the Swac Application. Each time you provide Content, you represent and warrant that you own or otherwise control the rights or have the necessary consents to do so and you grant every other User and CTS the right to download and use such Content.
II. You agree to indemnify and hold CTS, and its subsidiaries, affiliates, directors, officers, agents, or other partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content that you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Usage Policy, or your violation of any rights of another.
III. In the event that you have a dispute with one or more users, you release CTS (and our officers, directors, agents, subsidiaries, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in an way connected with such disputes.
5. DISCLAIMERS & LIMITATIONS OF LIABILITY
Please read this section carefully since it limits the liability of the Swac entities to you. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing herein is intended to limit any rights you may have which may not be lawfully limited. If you are unsure about this or any other section of these terms, please consult with a legal professional prior to accessing or using the Swac. By accessing or using the Swac, you represent that you have read, understood, and agree to these terms, including this section. You are giving up substantial legal rights by agreeing to these terms.
A. Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis to the fullest extent permissible pursuant to applicable law. CTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT..
B. CTS makes no warranty that (1) the service will meet your needs, (2) the Service will be uninterrupted, timely, secure, or error-free, (3) the results that may be obtained from the use of the service will be accurate or reliable, (4) any errors in the software will be fixed, (5) that the use of the materials or content in the site as to their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, and (6) or that the Swac web application or the servers that make the site available are free of viruses or other harmful components.
C. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
D. No advice or information, whether oral or written, obtained by you from Swac, or through or from the Service shall create any warranty not expressly stated in the Usage Policy.
E. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY OF USE OF THE SERVICE, OR THE MATERIALS OR CONTENT ON THE SITE; (2) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA; OR (3) ANY OTHER MATTER RELATING TO THE SERVICE. will not be held liable for the consequences of any interruptions, errors, or loss of any data. You acknowledge and agree that shall not be held responsible or liable for any unlawful. This includes, but is not limited to, acts of hacking or any other means of disrupting data or preventing access to Service, transmitting viruses, deleting files, obtaining or misusing personally identifiable data, corrupting data, or otherwise interfering with the System.
6. TERMS OF TERMINATION
Your paid Account will continue in effect unless and until you cancel you’re Account or we terminate it. You must cancel your Account before it renews each month or year in order to avoid billing of the next month. Accounts are prepaid and are non-refundable. App DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS OR YEARS.