TERMS OF USE

Last update: March 22, 2021

1. Terms of Use

By creating an account with Promo Swipe S.L, whether through a mobile device, mobile application or computer (collectively, the "Service"), you acknowledge that you have read these Terms of Use, and agree to be bound by its Terms and Conditions and also by our Privacy Policy, each of is incorporated by reference to this Agreement. If you do not agree to all of the terms of this Agreement or agree to be bound by them, do not use the Service.

We reserve the right, at our discretion, to update or revise these Terms of Use. If the changes include considerable changes affecting your rights or obligations, we will notify you of such changes in advance, by using reasonable means, which may include the notification through the Services or by email. If you continue to use the Services after the changes take effect, we will understand that you accept the revised agreement.

2. Legal age

You must be at least 18 years of age to create an account in Promo Swipe S.L. and use the Service.

3. Your account

To use Promo Swipe S.L, you can register by providing us with a name or nickname and an email. In some cases, we may obtain information and data from users, such as the IP from which you connect to our services. For more information regarding the data we collect and how we use it, please see our Privacy Policy.

You are responsible for maintaining the confidentiality of the login credentials you use to register with Promo Swipe S.L. and are solely responsible for all the activities that may occur under those credentials. If you think someone has gained access to your account, please contact us immediately.

4. Modification of Services and Cancellation

Promo Swipe S.L informs you that we may add new features or product improvements occasionally, as well as remove some features, and if these modifications do not substantially affect your rights or obligations, we may not inform you before adopting them. We may even suspend all services, in which case we will notify you in advance unless there are mitigating circumstances, such as security issues, that prevent us from doing so.

You may cancel your account by following the instructions in Service's "Profile", "Account Actions" and clicking "Delete Account". However, if you are using a third-party payment account, you will need to manage your purchases through that account (e.g. iTunes, Google Play) to avoid any additional billing.

Promo Swipe S.L may terminate your account and/or your advertisement at any time without notice if it believes that you have violated this Agreement. In the event of such cancellation, you will not be entitled to receive any refund.

Advertisements are visible on the Promo Swipe platform once validated by the White Labels, which decide whether or not advertisers or the products they advertise are compatible with those of their sponsors, their values or image. The characteristics of such ads may not be changed, except for what relates to the dates that are inserted for their visibility and validity.

5. Description of Service

Promo Swipe S.L is an advertising website, in which its advertisers and white brands provide commercial information to the users of our service, who can contact our advertisers to hire some of its offers and services.

Advertisers purchase packs, and for each pack, they will have 1,500 swipes that do not expire, unless all the swipes available to them have not been used when reaching the deadline specified by the advertiser when posting the ad for the first time, or such deadline hadn’t been modified. In that case, the advertiser can no longer have those swipes.

6. Rights granted by Promo Swipe S.L

Promo Swipe S.L grants you a personal, non-exclusive, revocable and non-sublicensed license for the access to, and use of, the Services. This license is granted for the sole purpose of allowing you to use and enjoy the benefits of the Services and offers advertised on Promo Swipe by its advertisers as provided by Promo Swipe S.L and permitted by this Agreement. Therefore, you agree to the following:

-not use the Service or any content included in the Service for commercial purposes without our written consent.

-not copy, modify, transmit, create works coming from, make use of, or reproduce in any way any copyrighted material or images, trademarks, commercial names, service marks, or other intellectual property, contents or reserved information which may be accessible through the service, without the prior written consent of Promo Swipe S.L.

-indicate expressly or implicitly that none of the statements you make is endorsed by Promo Swipe S.L.

-not use any robot, bot, spider, web tracker, web scraper, website search/recovery application, a proxy or any other device, manual or automatic methods or processes to access, retrieve, index, use "data mining", or in any way, reproduce or avoid the navigation structure or the presentation of the Service or its content.

-not use the Services in any way that could interfere with, interrupt or affect the Service or the servers or networks connected to the Service negatively.

-not upload viruses or other malicious code or compromise the security of the Service by any means.

-falsify headers or otherwise manipulate identifiers to conceal the origins of any information transmitted to or through the Service.

-not "delimit" or "reproduce" any part of the Service, without the prior written permission of Promo Swipe S.L.

-not use meta tags or code or other devices containing any reference to Promo Swipe S.L or the Service (or any trademark, commercial name, service mark, logo or slogan of Promo Swipe S.L) to redirect anyone to any other website for any purpose.

-not modify, adapt, sublicense, translate, sell, perform reverse engineering, decrypt, decompile or otherwise disassemble any part of the Service, or make others do so.

-not use or develop third-party applications that interact with the Service or other users' Content or information without our written consent.

-not use, access, or publish Promo Swipe S.L ’s application programming interface without our written consent.

-not investigate, scan or test the vulnerability of our Services or any system or network.

-not encourage or promote any activity that violates this Agreement.

The company may investigate and take any legal action at its disposal in response to illegal and/or unauthorised usage of the Service, including the termination of your account.

Any software we provide to you can automatically download and install updates, upgrades, or other new features. You may be able to adjust these automatic downloads through your device settings.

7. Rights of Promo Swipe S.L

By creating an account, you grant Promo Swipe S.L a worldwide, transferable, sublicensed, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify, and distribute information that you have authorised us to access, as well as any information you may post, upload, display, or make available (collectively, “Publish") on the Service or transmit to other users (collectively, "Content"). The license of Promo Swipe S.L related to your content will not be exclusive, except for the license of Promo Swipe S.L related to derivative works created through the use of the service, which will be exclusive. For instance, Promo Swipe S.L would own an exclusive license for those screenshots of the Service that include your content. In addition, in order for Promo Swipe S.L to prevent the use of your Content outside the Service, you authorise Promo Swipe S.L to act on your behalf concerning the infringing uses of your Content extracted from the Service by other users or by third parties. Our license to your Content is subject to your rights under applicable law (e.g. personal data protection laws so far as any Content contains personal information defined by those laws) and is exercised for the limited purpose of operating, developing, providing and improving the Service, and investigating and developing new services. You agree that any Content that you place or authorise us to place on the Service may be viewed by other users and may be viewed by anyone who visits or participates in the Service (such as individuals who may receive shared Content from other Users of Promo Swipe S.L).

You agree that all the information you provide when creating your account is accurate and truthful and that you have the right to post the Content on the Service and to grant Promo Swipe S.L the license indicated previously.

You understand and agree that we may control or review any Content you post as part of a Service. We may delete, partially or completely, any content that we believe violates this Agreement or may damage the reputation of the Service.

As consideration for the authorization to use the Services, granted to you by Promo Swipe S.L, you agree that we, as well as our affiliates and external partners, may place advertising on the Services. By submitting suggestions or comments to Promo Swipe S.L regarding our services, you agree that Promo Swipe S.L may use and share such information for any purpose without compensating you for this.

Promo Swipe S.L may access the information and Content in your account, as well as retain and disclose it, for example, to: (i) comply with legal processes; (ii) comply with this Agreement; (iii) respond to claims due to any Content infringing the rights of third parties; (iv) respond to your requests to the customer service department; or (v) protect the rights, property or personal safety of the Company or any other person.

8. User engagement

By using the Services, you agree to the following:

-not use the Service for any illegal purposes or those prohibited by this Agreement.

-not use the Service for harmful or malicious purposes.

-not use the Service to cause damage to Promo Swipe S.L.

-not violate our Community Guides, which we update regularly.

-not send spam, request money from or defraud any user.

-not impersonate another person or entity or post any image of another person without permission.

-not harass, "stalk", intimidate, assault, bully, abuse or defame anyone.

-not post any Content that violates or infringes the rights of any person, including the rights of publicity, privacy, copyright, trademark or other intellectual property or contractual right.

-not post any Content that is hate speech, threatening, sexually explicit or pornographic; that incites violence or contains nudity or graphic or free violence.

-not publish any content that promotes racism, intolerance, hatred or physical harm of any kind against any group or individual.

-not request passwords for any purpose or private identifiable information of other users for commercial or illegal purposes or to spread another person's personal information without consent.

-not use another user's account, share an account with another user, or keep more than one account active.

-not create another account if we have already cancelled your account unless you have our consent.

Promo Swipe S.L reserves the right to investigate and/or terminate your account without granting you any refund for your purchases if you have violated this Agreement, if you have misused the service or if you have behaved in a manner that Promo Swipe S.L deems inappropriate or illegal, including actions or communications that occur inside or outside the Service.

9. Other users’ content

Although Promo Swipe S.L reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user posting it and Promo Swipe S.L cannot guarantee that all the Content will comply with this Agreement. If you find Content that violates this Agreement in the Service, please notify us within the Service itself or via our contact page.

10. Copyright

If you believe that your work has been copied and posted on the Service in a manner that constitutes copyright infringement, please contact our customer support.

11. Disclaimer

Promo Swipe S.L provides the service "as it is" and "subject to availability" and, to the extent that is permitted by the applicable law, it makes no warranties of any kind, whether express, implied, legal or any other kind regarding the Service (including all content thereof), including, without limitation, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. Promo Swipe S.L does not represent or warrant (a) that the service provided will be uninterrupted, secure or error-free, (b) that any defect or error in the service will be corrected, and finally (c) that any content or information obtained on or through the services will be accurate.

Promo Swipe S.L is not responsible for the content that you or another user or third party publishes, sends or receives through the services. If you access any material that has been downloaded or obtained by other means through the use of the service, it will be at your own risk. 

12. Access to external links and third party services

The application may contain advertisements and promotions offered by third parties and links to other websites or resources. Promo Swipe S.L is not responsible for the availability (or lack of availability) of said external websites or resources. If you choose to interact with the third parties made available to you through our Service, the terms of those third parties will govern their relationship with you. Promo Swipe S.L is not responsible for the terms or conditions of said third parties.

In accordance with the provisions of article 17 of Ley 34/2002, of July 11th, on services of the information society and electronic commerce, Promo Swipe has no responsibility for the information to which they direct you, the nature of it or the loss or damage that may arise from its use, given our nature as a mere advertising company. However, in the event that we become aware of its illegal nature, we will act diligently to suppress or disable the corresponding link.

13. Limitations of Liability

To the extent permitted by applicable law, neither Promo Swipe S.L nor its affiliates, employees, licensors or service providers shall, under no circumstances, be liable for indirect, consequential, exemplary, incidental, special or punitive damages, including without limitation, loss of profits, whether directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from: (i) your access to or use of, or inability to access or use of the services, (ii) the behaviour or content of other users or third parties in, through, or after the use of the services; or (iii) the unauthorised access, use or alteration of its content, even if Promo Swipe S.L has been advised of the possibility of such damages. Promo Swipe S.L's total liability for all those claims related to the service shall in no case exceed the amount you have paid -whether you have paid any amount- to Promo Swipe S.L for the service while you own an account.

Some jurisdictions do not allow the exclusion or limitation of certain damages. Consequently, some of the exclusions and limitations in this section may not apply to you.

14. Compensation

You agree, to the extent permitted by applicable law, to indemnify, defend and exempt Promo Swipe S.L., our affiliates, and their respective staff members, directors, agents and employees from any liability coming from any complaint, demand, claim, damage, loss, cost, liability and expense, including attorneys' fees, caused by, arising out of, or otherwise related to your access to or use of the Service, your Content or your breach of this Agreement.

15. Agreement

This Agreement, along with the Privacy Policy, and any of the terms that have been disclosed and that you have agreed to when purchasing any of the additional features, products or services we offer on the Service, contains the entire agreement between you and Promo Swipe S.L with respect to your use of the Service. If any of the provisions of this Agreement is declared invalid, the rest of this Agreement shall continue in full force and effect. The fact that the Company does not exercise or enforce a right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Promo Swipe S.L account will not be transferable and that all of your account and Content rights terminate at the time of your death. This Agreement does not create any agent, partnership, or joint venture relationship, nor even fiduciary, special or employment relationship and you cannot make any statements on behalf of Promo Swipe S.L or involve Promo Swipe S.L in any way.