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This End-User License Agreement ("Agreement") is a legal agreement between you ("User" or "You") and SWAGBOX LLC ("Company," "We," or "Us") for the use of the software as a service ("Software" or "Service") provided by SWAGBOX LLC.
By accessing or using our Software, You agree to be bound by the terms and conditions of this Agreement. If You do not agree with these terms, do not use the Software.
Subject to the terms of this Agreement, SWAGBOX LLC grants You a limited, non-exclusive, non-transferable, and revocable license to access and use the Software solely for Your internal business purposes.
This license permits You to use the Software for the number of users and devices specified in Your subscription plan. Any other use is prohibited unless explicitly authorized by SWAGBOX LLC.
You agree not to:
You are responsible for maintaining the confidentiality of Your account credentials and are fully responsible for all activities that occur under Your account.
You agree to use the Software in compliance with all applicable laws and regulations.
You are responsible for ensuring that Your hardware, software, and network infrastructure meet the minimum requirements necessary to use the Software.
The Software and all related intellectual property are and remain the property of SWAGBOX LLC and its licensors. This Agreement does not grant You any ownership interest in the Software.
The Company's name, logo, and other trademarks are the property of SWAGBOX LLC. You are not permitted to use these trademarks without prior written consent.
Our Privacy Policy outlines how We collect, use, and protect Your data. By using the Software, You agree to the collection and use of Your data as described in the Privacy Policy.
SWAGBOX LLC complies with relevant data protection laws, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).
You agree to pay all applicable fees as specified in Your subscription plan. Fees are non-refundable except as provided in this Agreement or required by law.
Payments are due on the billing date specified in Your subscription plan. Failure to pay may result in suspension or termination of access to the Software.
We may terminate this Agreement or suspend Your access to the Software at any time, with or without cause, and without notice.
You may terminate this Agreement by ceasing all use of the Software and notifying SWAGBOX LLC in writing.
Upon termination, all licenses granted under this Agreement will immediately cease. You must discontinue all use of the Software and destroy any copies in Your possession.
The Software is provided "as is" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
In no event shall SWAGBOX LLC be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) Your use or inability to use the Software; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Software; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Software by any third party; or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of Your use of any content posted, emailed, transmitted, or otherwise made available via the Software, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not SWAGBOX LLC has been advised of the possibility of such damages.
You agree to indemnify, defend, and hold harmless SWAGBOX LLC, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from Your use of the Software or Your breach of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law principles.
Any dispute, controversy, or claim arising out of or relating to this Agreement or the breach thereof shall be resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The place of arbitration shall be Fairfield, Ohio. The arbitration shall be conducted in English, and the award shall be final and binding on the parties.
SWAGBOX LLC reserves the right to modify this Agreement at any time. We will notify You of any material changes by posting the new Agreement on our website or through the Software. Your continued use of the Software after such changes constitutes Your acceptance of the new Agreement.
This Agreement constitutes the entire agreement between You and SWAGBOX LLC regarding the use of the Software and supersedes all prior or contemporaneous understandings and agreements, whether written or oral.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
The failure of either party to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.
For any questions about this Agreement, please contact us at:
SWAGBOX LLC
4842 Factory Dr Suite C
Fairfield, Ohio
[email protected]
513-334-2024
Acknowledgment: By using the Software, You acknowledge that You have read this Agreement, understand it, and agree to be bound by its terms and conditions.