SwiftCloud™ End User Licence Agreement

This End User License Agreement (the "EULA") is a binding legal agreement between you, as an individual or entity, and Adventoris Ltd ("Adventoris"). By clicking “I Accept” or downloading, installing, or using this application for iOS, Android, Windows Mobile, Blackberry or other mobile platform, as applicable (the "SwiftCloud Application"), you agree to be bound by the terms of this EULA. If you do not agree to the EULA, do not check the "I accept the terms" box and do not use the SwiftCloud Application.

You agree that installation or use of the SwiftCloud Application signifies that you have read, understood, and agree to be bound by this EULA.

The SwiftCloud Application is provided to you under this EULA solely for your use as is the SwiftCloud Application content and information.

1. The SwiftCloud Application

The SwiftCloud Application is a downloadable software application that enables you to access the SwiftCloud Application functionality directly from your iPhone, Android, iPad or other mobile device supported by Adventoris (“Device”). The SwiftCloud Application is a component of the Adventoris Ltd SwiftCloud Platform as described on www.swiftcloud.co.uk.

2. License

The software is licenced to you and not sold to you by Adventoris Ltd. You own the Device on which the SwiftCloud Application is run.

Adventoris Ltd hereby grants you, subject to the terms and conditions of this Agreement, a non-exclusive, non-transferable personal license to use the SwiftCloud Application for your own personal use and in connection with your business and to install the SwiftCloud Application on only one Device.

The preceding is not intended to bar you from installing the SwiftCloud Application on another Device on which you also agreed to the EULA. Each instance of this EULA that you agree to grants you the above mentioned rights in connection with the installation and use of one copy of the SwiftCloud Application on one Device.

3. Title

You are contracting with Adventoris Ltd and title, ownership and all rights (including without limitation intellectual property rights) in and to the SwiftCloud Application shall remain with Adventoris Ltd. Except for those rights expressly granted in this EULA, no other rights are granted, whether express or implied.

4. Restrictions

You understand and agree that you shall only use the SwiftCloud Application in a manner that complies with any and all applicable laws in the jurisdictions in which you use the SwiftCloud Application. Your use shall be in accordance with applicable restrictions concerning privacy and intellectual property rights.

You may not at any time:

(a) Use the SwiftCloud Application for any purpose other than as described here;

(b) Create or develop copied works based on the SwiftCloud Application;

(c) Copy or replicate the SwiftCloud Application except as defined in this EULA;

(d) Sell, assign, license, disclose, distribute or otherwise transfer or make available the SwiftCloud Application or any copies of the SwiftCloud Application in any form to any third parties;

(e) Modify, translate, decompile, reverse assemble or reverse engineer the SwiftCloud Application, or attempt to do any of the preceding.

5. Personal Information and Privacy

We may ask you to provide certain information about you during the SwiftCloud Application download process. All personal information that you provide to us will be governed by the Privacy Policy, which is available at http://www.Adventoris.com/privacypolicy. You understand and agree that Adventoris may disclose information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce the terms of this EULA, or protect the rights, property, or safety of Adventoris, its users, or the public.

6. No Warranty

Adventoris Ltd does not warrant that the functions contained in the SwiftCloud application will meet any requirements or needs you may have, or that the SwiftCloud application will operate error free, or in an uninterrupted manner, or that any defects or errors will be corrected, or that the SwiftCloud application is fully compatible with any particular platform. The SwiftCloud application is offered on an "as is" basis and no warranty, either express or implied, is given. Adventoris Ltd 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. Some jurisdictions do not allow the waiver or exclusion of implied warranties so they may not apply to you.

7. Right to Modify or Terminate the SwiftCloud Application

Adventoris may modify the SwiftCloud Application and this EULA with notice to you either in email or by publishing notice on the Website, or by publishing notice on the appropriate App Store from which it was originally downloaded, including but not limited to charging fees for the SwiftCloud Application, or changing the functionality or appearance of the SwiftCloud Application. In the event Adventoris modifies the SwiftCloud Application or the EULA, you may terminate this EULA and cease use of the SwiftCloud Application. Adventoris may terminate your use of the SwiftCloud Application, the EULA or any Adventoris Service at any time, with or without notice.

8. Indemnification

By accepting the EULA, you agree to indemnify and otherwise hold harmless Adventoris Ltd, its officers, employers, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the SwiftCloud Application or any other matter relating to the SwiftCloud Application.

9. Limitation of Liability

You expressly understand and agree that to the extent not prohibited by law, in no event shall Adventoris Ltd be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the SwiftCloud application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Adventoris Ltd has been advised of the possibility of such damages. Some jurisdictions do not allow the limitations of damages and/or exclusions of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In no event shall Adventoris Ltd total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of twenty-five pounds (£25.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Adventoris is not party to, or an agent of, any transaction or order transmitted through the SwiftCloud Application.

10. Export Restrictions

You shall not export from the United Kingdom the SwiftCloud Application or information about the SwiftCloud Application without consent of Adventoris Ltd.

11. Apple

Users of iOS devices acknowledge that Apple Inc. may, at any time and without notice, restrict, interrupt or inhibit use of the Software, or delete the Software from your Apple devices, or require Adventoris Ltd to do any of the foregoing, without entitling the you to any recompense from Adventoris Ltd or any third party (including, but not limited to, Apple Inc. or your network connectivity provider).

iOS users acknowledge that this EULA is with Adventoris Ltd and not with Apple Inc. Users of this SwiftCloud Application must comply with the Usage Rules set forth in the Apple Store Terms of use.

Adventoris Ltd is solely responsible for providing the SwiftCloud Application and Apple has no obligation to provide maintenance and support for the SwiftCloud Application. Support requests as well as questions and complaints regarding the SwiftCloud Application must be directed to Adventoris Ltd Customer Service Department or by calling 03333 447 557.

12. Google Play

Users of Android devices acknowledge that Google Inc. may, at any time and without notice, restrict, interrupt or inhibit use of the Software, or delete the Software from your Android devices, or require Adventoris Ltd to do any of the foregoing, without entitling the you to any recompense from Adventoris Ltd or any third party (including, but not limited to, Google Inc. or your network connectivity provider).

Android users acknowledge that this EULA is with Adventoris Ltd and not with Google Inc. The Google Play marketplace is owned and operated by Google Inc. Users of this SwiftCloud Application acknowledge that use of Google Play is governed by a legal agreement between you and Google consisting of the Google Terms of Service and the Google Play Terms of Service. In addition, your use of Google Play is subject to the Google Play Business and Program Policies. The Google Play Market Terms of Service, Google Play Business and Program Policies, and Google Terms of Service shall take precedence in that order in the event of a conflict between them, to the extent of such conflict.

Adventoris Ltd is solely responsible for providing the SwiftCloud Application and Google Inc. has no obligation to provide maintenance and support for the SwiftCloud Application. Support requests as well as questions and complaints regarding the SwiftCloud Application must be directed to Adventoris Ltd Customer Service Department or by calling 03333 447 557.

13. General

The EULA between you and Adventoris Ltd will be governed by and construed in accordance with the laws of England and Wales. The exclusive forum for any disputes arising out of or relating to this EULA shall be an appropriate court sitting in England. The EULA constitutes the entire agreement between you and Adventoris Ltd regarding the SwiftCloud Application. If any provision of this EULA is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this EULA will remain in full force and effect. You may not assign this EULA, and any assignment of this EULA by you will be null and void. There is no Service Level Agreement applicable to the SwiftCloud Application. Adventoris, SwiftCloud, SwiftChat logos, and other Adventoris logos and names are trademarks of Adventoris Ltd.