Terms and Conditions
These Terms of Use ("Terms") govern your access to and use of an account (the "Account") on the Swisper web application and related services (collectively, the "Service") provided by Fintama AG, a company based in Zurich, Switzerland ("Company").
By creating an Account, accessing, or using the Service, you expressly agree to be bound by these Terms. If required by applicable law, you consent affirmatively to these Terms by clicking an acceptance button or taking a similar affirmative action before accessing the Service. If you do not agree to these Terms, you must not use the Service.
Definitions
In these Terms, the following capitalized words have the meanings set forth below:
- Account: Your personal user profile created to access and use the Service.
- Service: The Swisper web application and any related services provided by the Company.
- Content: Any data or materials you submit ("Input"), and any data or materials generated in response ("Output").
- Company: Fintama AG, headquartered in Zurich, Switzerland.
Consumer Withdrawal Rights
If you are a consumer residing in the EU/EEA, you have the right to withdraw from this agreement within 14 days of creating your Account, without giving any reason. To exercise this right, you must notify us by email at info@swisper.ai.
However, by creating an Account and expressly requesting the immediate provision of the Service during the withdrawal period, you acknowledge that:
- The Service will begin immediately upon registration;
- You consent to the immediate commencement of the Service; and
- You waive your right of withdrawal once the Service has been fully performed or when meaningful use has begun (such as interacting with the AI or generating Output), in accordance with Article 16 of the EU Consumer Rights Directive.
Eligibility and User Requirements
You must be at least 16 years old to use the Service. If you are between 16 and 18, you represent that you have obtained verifiable parental or guardian consent. The Company may request reasonable evidence of such consent. If we become aware that a minor has registered without meeting these requirements, we will terminate the associated Account promptly. The Service is not intended for use in jurisdictions where it is prohibited by law.
Authorized Service Usage
By complying with these Terms, you are allowed to access your Account and use the Service. You agree not to use your Account or the Service for any unlawful or prohibited purposes. Prohibited uses include, but are not limited to:
- Disrupting or interfering with the Company's networks, servers, or services;
- Attempting unauthorized access or hacking of computing devices or systems;
- Uploading, sharing, downloading, or accessing illegal content, including Child Sexual Abuse Material (CSAM);
- Violating intellectual property rights of the Company or third parties;
- Engaging in harassment, discrimination, defamation, or threats based on gender, sexual orientation, religion, ethnicity, race, age, nationality, or disability;
- Promoting or instructing others in unlawful activities.
You agree not to use your Account or the Service for any other unlawful, harmful, or prohibited activities not explicitly listed here but which violate applicable laws or could harm the Company, other users, or third parties.
Accounts found to be involved in such activities may be suspended, restricted, or terminated immediately. The Company may monitor, investigate, and enforce compliance.
You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You must notify the Company immediately of any unauthorized use or security breach.
Content Submission, Ownership, and Use
You may submit data or materials ("Input") to the Service and receive generated data or materials ("Output") in return. Together, Input and Output constitute "Content." You are responsible for ensuring that your Content complies with all applicable laws and these Terms.
Subject to applicable law, you retain ownership of your Input and own all rights in the Output produced from it. The Company assigns to you all rights, titles, and interests it may hold in the Output.
Due to artificial intelligence's nature, Output may not be unique, and other users might receive similar content. This assignment does not apply to Outputs created for other users or third parties.
The Company does not use your Content for training, maintenance, or improvement of the Service.
Given the evolving and probabilistic nature of artificial intelligence, Output may be inaccurate, incomplete, or offensive and does not necessarily reflect the Company's views. You acknowledge these limitations and agree not to rely solely on the Output as factual or professional advice.
You are solely responsible for ensuring that your Input and your use of the Output comply with all applicable laws and regulations, including data protection, export controls, anti-discrimination, and prohibitions against misinformation or unlawful content.
Company Intellectual Property Rights
The Company and its affiliates retain all rights, titles, and interests in and to the Service.
Except where otherwise stated, all materials used within the Service and this website are owned or licensed by the Company and protected by copyright, trademark, and other intellectual property laws. You may access, print, or download materials solely for personal, informational, and non-commercial use, provided that all copyright and proprietary notices remain intact.
Unauthorized use of the Company's intellectual property may lead to immediate suspension or termination of your Account. The Company reserves the right to pursue legal remedies including injunctions, damages, and recovery of costs.
Use License
Permission is granted to temporarily use the Service for personal, non-commercial, transitory viewing only. This is a grant of a license, not a transfer of title. Under this license, you may not:
- Modify or copy the materials;
- Use the materials for any commercial purpose or public display;
- Attempt to reverse engineer any software contained on the Service;
- Remove any copyright or proprietary notices from the materials.
Disclaimers and Liability Limitations
The Service is provided "as is" without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement.
To the fullest extent permitted by law, the Company and its affiliates are not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use or inability to use the Service.
The Company's total liability for any claims arising out of or relating to the Service shall not exceed the greater of: (a) the total fees you paid for the Service in the twelve (12) months preceding the claim, or (b) CHF 100.
Nothing in these Terms limits or excludes liability where such limitation or exclusion is prohibited by law, including liability for death, personal injury, fraud, gross negligence, or willful misconduct.
You agree to indemnify, defend, and hold harmless the Company and its affiliates from and against any third-party claims arising out of or related to:
- Your use or misuse of the Service;
- Your violation of these Terms or applicable laws;
- Any Content (Input or Output) you submit, generate, or share through the Service.
Privacy Policy
By accepting these Terms, you also consent to our Privacy Policy, which governs the collection, use, and protection of your personal data in connection with your use of the Service.
You have the right to access, correct, delete, and restrict the processing of your personal data as provided under the EU GDPR and the Swiss Federal Act on Data Protection (FADP).
Accessibility Commitment
The Company is committed to ensuring that its Service is accessible to users with disabilities. We endeavor to conform to recognized accessibility standards, including WCAG 2.1 Level AA.
These Terms are provided in English. If we market the Service in specific EU/EEA countries, we will provide translations into the official language(s) of those countries. In case of inconsistency between translations, the English version shall prevail.
Termination and Suspension
Either you or the Company may terminate these Terms and your Account at any time. The Company may suspend or terminate your access immediately for any breach of these Terms or unlawful conduct. Upon termination, your right to use the Service ends, but provisions regarding intellectual property, liability, and confidentiality will survive as applicable.
Force Majeure
The Company shall not be liable for any failure or delay in performance due to events beyond its reasonable control, including natural disasters, acts of war, terrorism, pandemics, government actions, or labor disputes. Obligations affected by such events shall be suspended for the duration of the event.
If you are a consumer and have prepaid for access to the Service that cannot be delivered due to a Force Majeure Event, you are entitled to a pro-rata refund for the unused portion of your subscription or payment.
Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the substantive laws of Switzerland, excluding its conflict of laws provisions. Any disputes arising out of or in connection with these Terms shall be resolved exclusively by the courts located in Zurich, Switzerland.
Modifications to the Terms
We may update these Terms from time to time. Changes will be published on this page, and significant updates will be communicated to you via email or in-app notifications. We will provide at least 30 days' notice prior to any material changes. Continued use of the Service after this period constitutes acceptance of the updated Terms.
Contact
If you have any questions or requests regarding these Terms, please contact:
Miscellaneous
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. These Terms constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements.