Our terms and conditions include our Accepted Use and Master Services Agreement (MSA), which is available upon request.
Last updated: September 2024
1.1 These Acceptable Use Terms (“Terms”) apply between you, the User of this website www.swallow.app (“Website”) and Swallow’s mobile and web applications (“Apps”) through which Swallow’s pricing operations platform and API services (together the “Swallow Services”) are provided, and Llow Group Limited, trading as Swallow, a company incorporated in England and Wales with registered number 14334541 and with its registered address at Arquen House, 4-6 Spicer Street, St Albans, AL3 4PQ, United Kingdom (“Swallow” or “we”). Swallow is the owner and operator of the Website and Apps.
1.2 Please read these Terms carefully, as they affect your legal rights. Your agreement to comply with and be bound by these Terms is deemed to occur upon your first use of the Website and/or Apps. If you do not agree to be bound by these Terms, you should not use the Website or Apps.
1.3 In these Terms, “User” or “Users” means anyone that accesses the Website or Apps, and “you” shall be construed accordingly.
1.4 The Website and Apps use cookies and similar technologies. By continuing to use the Website and/or Apps you are agreeing to our use of cookies in accordance with our Cookie Policy.
1.5 These Terms must be read in conjunction with the Swallow Privacy Policy.
2.1 All Swallow Content, except for content you upload, included on the Website and Apps, is the property of Swallow, our affiliates or other relevant third parties. In these Terms, “Swallow Content” means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of the Website or Apps. By continuing to use the Website and/or Apps, you acknowledge that such Swallow Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on the Website or Apps or these Terms shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Website or Apps without Swallow’s prior written permission.
2.2 You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Swallow Content without the express written permission of Swallow.
2.3 As part of the Swallow Services, Swallow may make its API available to you in which case you agree to make calls to such API only to the extent necessary to access and use the Swallow Services. All use of the Swallow Services, including use of the API, shall be subject to reasonable use as determine by Swallow in its sole discretion.
2.4 You shall at all times comply with the Swallow support documentation and Swallow API documentation. All use of the Swallow brands, names, logos and assets must be pre-approved by Swallow in writing; please contact Swallow at [email protected] for this consent prior to any such use.
You will not:
a) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Swallow Services, the Website or Apps unless such restriction is not permitted by law;
b) provide or resell the Swallow Services;
c) modify, translate, or create derivative works based on the Swallow Services, Website or Apps;
d) attempt to exceed or circumvent any express or implied limitations on use of the Swallow Services, including, but not limited to, in relation to the number of calls to the API or related use thereof, storage and data enrichment functionality, such limits to be set by Swallow from time to time and in its sole discretion and where such limitations may depend on the type of user access you or your company has purchased;
e) use the Swallow Services, Website or Apps for timesharing or service bureau purposes or otherwise for the benefit of a third party;
f) remove any proprietary notices or labels from the Swallow Services, Website, Apps or any materials or documents it publishes or makes available from time to time;
g) permit or facilitate any third party to access or use the Swallow Services, Website or Apps or use or access the same on behalf of any third party (which includes operating any form of facility on behalf of any third party or operating a software bureau or similar service);
h) attempt to circumvent security, license control or other protection mechanisms, or tamper with, probe, scan, test the vulnerability of or hack into or otherwise disrupt the Swallow Services, Website or Apps or any associated website, computer system, server, router or any other internet-connected device, including, without limitation, by overloading it or them with data or calls to the API;
i) employ any hardware, software, device, or technique to pool connections or reduce the number of devices or users that directly access or use the Swallow Services, Website or Apps (sometimes referred to as 'virtualization', 'multiplexing' or 'pooling') in order to circumvent any restrictions on scope of authorized use contained in these Terms;
j) upload, store, post, email, transmit or otherwise make available by any means any virus, malware, Trojan horses, or any other similar harmful software;
k) upload, store post, email, transmit or otherwise make available by any means any content or data that infringes any intellectual property rights or data protection, privacy or other rights of any other person, is defamatory or in breach of any contractual duty or any obligation of confidence, is obscene, threatening, inciteful of violence or hatred, blasphemous, discriminatory (on any ground), knowingly false or misleading, or that does not comply with all applicable laws and regulations or is otherwise objectionable or prohibited;
l) impersonate any person or entity or otherwise misrepresent your relationship with any person or entity;
m) engage in any fraudulent activity or further any fraudulent purpose;
n) provide false identity information;
o) share passwords or API keys or otherwise allow any other person to access the Swallow Services or API under your account or using your API key;
p) attempt to gain or enable unauthorized access to the Swallow Services, Website or Apps or their related systems or networks, and will not permit any third party to do any of the foregoing.
4.1 The Swallow Services and any online facilities, tools, services or information that Swallow makes available through the Website or Apps, and the Website and Apps themselves are each provided "as is" and on an "as available" basis. We give no warranty that the Swallow Services, Website or Apps will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality. Swallow is under no obligation to update information on the Website or Apps.
4.2 Whilst Swallow uses reasonable endeavours to ensure that the Website, Apps and API are secure and free of errors, viruses, and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
4.3 Swallow accepts no liability for any disruption or non-availability of the Swallow Services, Website or Apps.
4.4 Swallow reserves the right to alter, suspend or discontinue any part (or the whole of) the Swallow Services, Website and/or App, including, but not limited to, any products and/or services available therein. These Terms shall continue to apply to any modified version of the Website or Apps unless it is expressly stated otherwise.
5.1 Nothing in these Terms will limit or exclude either party’s liability:
a) for death or personal injury resulting from their negligence;
b) for fraud or fraudulent misrepresentation; or
c) in any way that is not permitted under applicable law.
5.2 Swallow will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
5.3 To the maximum extent permitted by law, Swallow accepts no liability for any of the following:
a) any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
b) loss or corruption of any data, database, or software; and/or
c) any special, indirect, or consequential loss or damage.
6.1 These Terms may be varied by us from time to time. Such revised terms will apply to Swallow Services, the Website and Apps from the date of publication. Users should check the Terms regularly to ensure familiarity with the then current version.
6.2 If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal, or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms will not be affected.
6.3 These Terms shall be governed by and interpreted according to the law of England and Wales and all disputes arising under these Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Address: Llow Group Ltd, Arquen House, 4-6 Spicer Street, St Albans, AL3 4PQ, United Kingdom.
Except where otherwise required by applicable law or regulations, all communication and documentation sent to you by Swallow will be in English. You may communicate with us in English.
For more information about this Website and our Apps, please contact us by email: [email protected].