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Swimm Services Free Tier Agreement

Last Updated ㆍ Oct 22 2021

Swimm provides a solution that assists in onboarding software developers codebase knowledge sharing (the “Solution”). This Agreement governs the access and use of the free tier version of the Solution (the "Free Tier Solution") and any proprietary technology of Swimm incorporated therein by third party customers (a "Customer").

Please read this Agreement carefully. This Agreement governs your use of the Free Tier Solution. You must accept this Agreement prior to using the Free Tier Solution. By using the Free Tier Solution, you signify your assent to this Agreement. Changes may be made to this Agreement from time to time. Your continued use of the Free Tier Solution subsequent to such changes will be deemed your acceptance to amended or updated terms. If you do not agree to any of the Terms of this Agreement, please do not use the Free Tier Solution.  Any individual accepting this Agreement on behalf of Customer represents and warrants that s/he is authorized to accept this Agreement on behalf of Customer and legally bind Customer to the terms and conditions set forth herein. Use of other versions of the Solution other than the Free Tier Solution may be subject to additional terms and conditions and/or agreements, which you may choose to accept or reject (and therefore not use such other versions) at your sole discretion.

NOW, THEREFORE, the parties hereby agree as follows:

  1. Solution. Subject to the terms and conditions of this Agreement, Swimm shall provide Customer with access to the Free Tier Solution on a non-exclusive basis for the Term of this Agreement. Customer may use the Free Tier Solution on a non-exclusive basis solely for its internal purposes. Customer shall not be entitled to any other software (including any other executable or source code) from Swimm.io licenses or rights are granted herein by estoppel or by implication. Customer represents that it has all necessary authority to enter into this Agreement and that the execution of this Agreement and the receipt of the Free Tier Solution will not conflict with any legal, regulatory or contractual obligations of Customer.

  2. Restrictions.  Except as set forth expressly herein, Customer shall not, and shall not permit any third party, to (a) reverse engineer or attempt to find the underlying code of, any version of the Solution; (b) modify any version of the Solution, (c) sublicense, sell, distribute or provide any version of the Solution to any third party, or (d) bypass any security measure or access control measure of any version of the Solution or (e) use any version of the Solution to provide services to any third party, including as part of a service bureau or timeshare arrangement. To the extent any of the restrictions set forth in this Section are not enforceable under applicable law, Customer shall inform Swimm in writing in each instance prior to engaging in the activities set forth above.

  3. Data; Privacy. In order to provide the Free Tier Solution and associated analytics, Swimm collects certain data regarding the use of the Free Tier Solution by Customer's individual end users, including regarding how the Free Tier Solution is used, accessed and developed by employees and service providers of Customer (the "Customer Data"). All Customer Data is the confidential information of Customer and, except as set forth in this Agreement, Swimm shall not disclose such Customer Data to third parties or use such Customer Data except to provide services to Customer. Customer represents and warrants that it has the right to provide Swimm with access to all Customer Data. Customer shall provide its employees and service providers with all notices required under law regarding the use of the Free Tier Solution. Swimm analyzes all Customer Data in order to provide Customer with the Free Tier Solution, including for the purposes of generating analysis and reports for the Customer. In addition, Swimm may use Customer Data for the purpose of generating aggregate or anonymous data, which may be used by Swimm for the purpose of improving the Free Tier Solution, including the algorithms and models used by the Solution. Swimm will implement reasonable security measures appropriate to the nature of the Customer Data including without limitation, technical, physical, administrative and organizational controls, and will maintain the confidentiality, security and integrity of such Customer Data. Swimm may disclose Customer Data to the extent required by applicable law or to cooperate with a law enforcement investigation or to enforce its rights under this Agreement. Swimm may transfer all Customer Data to jurisdictions other than the jurisdiction of the Customer.

  4. Intellectual Property. Swimm has all right, title and interest in all versions of the Solution (including the Free Tier Solution), including all enhancements, improvements and modifications thereof (“Swimm Property”). Swimm does not request Customer’s feedback regarding the Swimm Property. Notwithstanding the foregoing, if Customer provides Swimm with any feedback regarding the Swimm Property, Swimm may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback.

  5. Confidentiality. Either party (a “Disclosing Party”) may disclose to the other party (a “Receiving Party”) certain confidential information regarding its technology and business (“Confidential Information”). Receiving Party agrees to keep confidential and not disclose or use any Confidential Information except to support its provision or use of the Free Tier Solution. Confidential Information shall not include information that Receiving Party can show (a) was already lawfully known to or independently developed by Receiving Party without access to or use of Confidential Information, (b) was received by Receiving Party from any third party without restrictions, (c) is publicly and generally available, free of confidentiality restrictions; or (d) is required to be disclosed by law, provided that Receiving Party provides Disclosing Party with prompt notice of such requirement and cooperate in order to minimize such requirement. Receiving Party shall restrict disclosure of Confidential Information to those of its employees with a reasonable need to know such information and which are bound by written confidentiality obligations no less restrictive than those set out herein. All pricing information herein and all non-public information in respect of any version of the Solution shall be deemed the Confidential Information of Swimm. All information regarding the codebase of Customer shall be deemed the Confidential Information of Customer.

  6. Payment and Limitation of Use. Customer is not required to make payment in respect of the use of the Free Tier Solution. Use of other versions of the Solution may be subject to payment, in the sole discretion of Swimm. Use of the Free Tier Solution will be limited to a maximum of 5 users. If the Customer wishes to obtain broader usage rights with respect to the Solution, it will be required to enter into an additional agreement with Swimm, which additional agreement shall apply to the usage of the Solution. For the avoidance of doubt, in case of contradiction with the terms of this Agreement, the terms of such additional agreement will govern.

  7. Warranties; Disclaimer. Each party warrants that it has full corporate power and authority to execute this Agreement and to perform its obligations hereunder; and all corporate action necessary for the authorization, execution, delivery and performance of this Agreement by it have been taken. Swimm represents and warrants that to its best knowledge the Free Tier Solution does not infringe the intellectual property rights of any third party. Subject to the foregoing, all versions of the Solution are provided “as is”. To the maximum extent permitted by applicable law, Swimm disclaims all implied and statutory warranties, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose or non-infringement.

  8. Indemnification.

    8.1. ** Swimm Indemnification Obligations**. Swimm shall defend, indemnify and hold Customer harmless from and against any and all damages, costs, losses, liabilities or expenses (including court costs and reasonable attorneys’ legal fees) which Customer may suffer or incur in connection with any actual claim, demand, action or other proceeding by any third party against Customer arising from any claims that the Free Tier Solution infringes the intellectual property rights of a third party. Swimm shall not have any liability to the extent any claim is the result of (a) Swimm's compliance with specifications provided by Customer, (b) the combination of any version of the Solution with other hardware, software or services not provided by Swimm, (c) the collection, use or transfer of Customer Data in compliance with this Agreement, or (d) Customer’s actions, omissions or breach of this Agreement. If any version of the Solution shall be the subject of an indemnifiable claim, or Swimm reasonably believes that any version of the Solution shall be the subject of an indemnifiable claim, Swimm may terminate this Agreement with written notice.

    8.2. Customer Indemnification Obligations. Customer shall defend and indemnify Swimm (and its affiliates, officers, directors and employees) from and against any and all damages, costs, losses, liabilities or expenses (including court costs and attorneys’ fees) which Swimm may suffer or incur in connection with any actual claim, demand, action or other proceeding by any third party arising from the provision by Customer of any data not in compliance with applicable law.

    8.3 Procedure. The obligations of either party to provide indemnification under this Agreement will be contingent upon the indemnified party (i) providing the indemnifying party with prompt written notice of any claim for which indemnification is sought, (ii) cooperating fully with the indemnifying party (at the indemnifying party’s expense), and (iii) allowing the indemnifying party to control the defense and settlement of such claim, provided that no settlement may be entered into without the consent of the indemnified party if such settlement would require any action on the part of the indemnified party other than to cease using any allegedly infringing or illegal content or services. Subject to the foregoing, an indemnified party will at all times have the option to participate in any matter or litigation through counsel of its own election at its own expense.

  9. Limitation of Liability. In no event shall Swimm (or its directors, officers, affiliates, agents or employees) have any liability for any consequential, indirect, special or punitive damages, arising out of or relating to this Agreement or the Swimm Software or the Free Tier Solution. The entire liability of Swimm (or its directors, officers, affiliates, agents or employees) hereunder or in respect of the software and the Free Tier Solution shall not exceed the total amount Customer has actually paid to Swimm in respect of the Free Tier Solution.

  10. Term. This Agreement will be in effect as of the date it is accepted and continue in effect until terminated pursuant to the terms and conditions hereof (the “Evaluation Term”). During the Evaluation Term, either party may terminate this Agreement upon 30 days prior written notice for any reason. Either party may terminate this Agreement upon written notice if the other party shall materially breach this Agreement and not cure such breach within 30 days of receipt of written notice thereof from the non-breaching Party. Upon any termination of this Agreement, Customer shall cease all use of the Free Tier Solution. Sections 2 – 12 of this Agreement shall survive any termination or expiration thereof.  Neither party shall have liability for the termination of this Agreement in accordance with its terms.

  11. Publicity. Swimm may disclose that Customer is using the Free Tier Solution, including by displaying Customer’s name and logo on Swimm’s website and other marketing materials. Customer may withdraw such consent with respect to future marketing materials by providing written notice to Swimm.

  12. Miscellaneous. This Agreement together with its exhibits and any documents referenced herein constitute the entire agreement between the parties regarding the subject matter hereof and supersedes any and all other agreements between the parties regarding the subject matter hereof. In the event of any conflict or inconsistency between the terms of this Agreement and the terms of any exhibit (including any SOW) or referenced document the terms of this Agreement shall govern unless expressly set forth otherwise in the applicable exhibit or referenced document. Except as expressly set forth herein, this Agreement may not be modified or amended except in a writing executed by both parties. If any part of this Agreement shall be invalid or unenforceable, such part shall be interpreted to give the maximum force possible to such terms as possible under applicable law, and such invalidity or unenforceability shall not affect the validity or enforceability of any other part or provision of this Agreement. Swimm may assign its rights or obligations under this Agreement to an affiliated company or to a purchaser of all or substantially all of Swimm’s assets or share capital, or to any company succeeding to Swimm’s business. Customer shall not assign any of its rights or obligations hereunder without Swimm’s prior written consent. Assignments in violation of the foregoing shall be void. This Agreement shall be governed by the laws of the State of New York, and the competent state or federal courts in New York County, New York shall have exclusive jurisdiction to hear any disputes arising hereunder. Notwithstanding the foregoing, either party may seek an injunction or other equitable relief in any court of competent jurisdiction in order to prevent a breach or threatened breach of this Agreement.  Swimm may provide any notices required under this Agreement or any exhibits or documents referenced herein to the contact information provided by Customer as part of registration.

Terms of Service

Last Updated ㆍ Oct 21 2021

S.T. Swimm Tech LTD. and/or any of its affiliates (“Swimm”) provides a solution that assists in onboarding software developers codebase knowledge sharing (the “Solution”). These Terms and Conditions (the “Agreement”) govern the access and use of the Solution and any proprietary technology of Swimm incorporated therein by third party customers (a "Customer", “you” or “your”).

Please read this Agreement carefully. This Agreement governs your use of the Solution. You must accept this Agreement prior to using the Solution. By using the Solution, you signify your assent to this Agreement. Changes may be made to this Agreement from time to time. Your continued use of the Solution subsequent to such changes will be deemed your acceptance to amended or updated terms. If you do not agree to any of the terms of this Agreement, please do not use the Solution.  Any individual accepting this Agreement on behalf of Customer represents and warrants that s/he is authorized to accept this Agreement on behalf of Customer and legally bind Customer to the terms and conditions set forth herein. Use of other versions of the Solution may be subject to additional terms and conditions and/or agreements, which you may choose to accept or reject (and therefore not use such other versions), at your sole discretion.

DISCLAIMER: CUSTOMER UNDERSTANDS THAT THE SOLUTION IS IN BETA STAGE AND HAS NOT BEEN SUBJECT TO FULL QUALITY ASSURANCE PROCEDURES AND MAY CONTAIN DEFECTS.

NOW, THEREFORE, the parties hereby agree as follows:

  1. Solution. Subject to the terms and conditions of this Agreement, Swimm shall provide Customer with access to the Solution on a non-exclusive basis for the Term of this Agreement. Customer may use the Solution on a non-exclusive basis solely for its internal purposes. Customer shall not be entitled to any other software (including any other executable or source code) from Swimm licenses or rights are granted herein by estoppel or by implication. Customer represents that it has all necessary authority to enter into this Agreement and that the execution of this Agreement and the receipt of the Solution will not conflict with any legal, regulatory or contractual obligations of Customer.
  2. Restrictions.  Except as set forth expressly herein, Customer shall not, and shall not permit any third party, to (a) reverse engineer or attempt to find the underlying code of, any version of the Solution; (b) modify any version of the Solution, (c) sublicense, sell, distribute or provide any version of the Solution to any third party, or (d) bypass any security measure or access control measure of any version of the Solution or (e) use any version of the Solution to provide services to any third party, including as part of a service bureau or timeshare arrangement. To the extent any of the restrictions set forth in this Section are not enforceable under applicable law, Customer shall inform Swimm in writing in each instance prior to engaging in the activities set forth above.  Customer may not use Solution in a way which imposes an undue burden on or disrupts Swimm’s systems. If Swimm decides, in its sole discretion, that Customer’s use is disruptive or burdensome, Swimm may terminate Customer’s license of the Solution and/or impose additional restrictions thereon.
  3. Data; Privacy. In order to provide the Solution and associated analytics, Swimm collects certain data regarding the use of the Solution by Customer's individual end users, including regarding how the Solution is used, accessed and developed by employees and service providers of Customer (the "Customer Data"). All Customer Data is the confidential information of Customer and, except as set forth in this Agreement, Swimm shall not disclose such Customer Data to third parties or use such Customer Data except to provide services to Customer. Customer represents and warrants that it has the right to provide Swimm with access to all Customer Data. Customer shall provide its employees and service providers with all notices required under law regarding the use of the Solution, including with respect to processing of Customer Data by Swimm. Swimm analyzes all Customer Data in order to provide Customer with the Solution, including for the purposes of generating analysis and reports for the Customer. In addition, Swimm may use Customer Data for the purpose of generating aggregate or anonymous data, which may be used by Swimm for the purpose of improving the Solution, including the algorithms and models used by the Solution. Swimm will implement reasonable security measures appropriate to the nature of the Customer Data including without limitation, technical, physical, administrative and organizational controls, and will maintain the confidentiality, security and integrity of such Customer Data. Swimm may disclose Customer Data to the extent required by applicable law or to cooperate with a law enforcement investigation or to enforce its rights under this Agreement. Swimm may transfer all Customer Data to jurisdictions other than the jurisdiction of the Customer.
  4. Intellectual Property. Swimm has all right, title and interest in all versions of the Solution, including all enhancements, improvements and modifications thereof (“Swimm Property”). Swimm does not request Customer’s feedback regarding the Swimm Property. Notwithstanding the foregoing, if Customer provides Swimm with any feedback regarding the Swimm Property, Swimm may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback.
  5. Confidentiality. Either party (a “Disclosing Party”) may disclose to the other party (a “Receiving Party”) certain confidential information regarding its technology and business (“Confidential Information”). Receiving Party agrees to keep confidential and not disclose or use any Confidential Information except to support its provision or use of the Solution. Confidential Information shall not include information that Receiving Party can show (a) was already lawfully known to or independently developed by Receiving Party without access to or use of Confidential Information, (b) was received by Receiving Party from any third party without restrictions, (c) is publicly and generally available, free of confidentiality restrictions; or (d) is required to be disclosed by law, provided that Receiving Party provides Disclosing Party with prompt notice of such requirement and cooperate in order to minimize such requirement. Receiving Party shall restrict disclosure of Confidential Information to those of its employees with a reasonable need to know such information and which are bound by written confidentiality obligations no less restrictive than those set out herein. All pricing information herein and all non-public information in respect of any version of the Solution shall be deemed the Confidential Information of Swimm. All information regarding the codebase of Customer shall be deemed the Confidential Information of Customer.
  6. Additional Terms and Payment and Limitation of Use. Some versions of the Solution are provided for free and some versions require payment, all  in the sole discretion of Swimm. Please see the Commercial Terms, appended hereto as Appendix A, as updated from time to time, for details about the various plans (the “Plan/s”). Customer will be required to choose one of the versions of the Solution and/or Plans at the “check-out” interface and to comply with the applicable terms as specified in the Commercial Terms. Swimm may at any time add, change and/or cancel the requirements to make payments and/or change the terms of providing any version of the Solution and/or any Plan. Customer is responsible for any tax consequences to Customer of using the Solution.
  7. Warranties; Disclaimer. Each party warrants that it has full corporate power and authority to execute this Agreement and to perform its obligations hereunder; and all corporate action necessary for the authorization, execution, delivery and performance of this Agreement by it have been taken. Swimm represents and warrants that to its best knowledge the Solution does not infringe the intellectual property rights of any third party. Subject to the foregoing, all versions of the Solution are provided “as is”. To the maximum extent permitted by applicable law, Swimm disclaims all implied and statutory warranties, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose or non-infringement.
  8. Indemnification.

8.1        Swimm Indemnification Obligations. Swimm shall defend, indemnify and hold Customer harmless from and against any and all damages, costs, losses, liabilities or expenses (including court costs and reasonable attorneys’ legal fees) which Customer may suffer or incur in connection with any actual claim, demand, action or other proceeding by any third party against Customer arising from any claims that the Solution infringes the intellectual property rights of a third party. Swimm shall not have any liability to the extent any claim is the result of (a) Swimm's compliance with specifications provided by Customer, (b) the combination of any version of the Solution with other hardware, software or services not provided by Swimm, (c) the collection, use or transfer of Customer Data in compliance with this Agreement, or (d) Customer’s actions, omissions or breach of this Agreement. If any version of the Solution shall be the subject of an indemnifiable claim, or Swimm reasonably believes that any version of the Solution shall be the subject of an indemnifiable claim, Swimm may terminate this Agreement with written notice.

8.2        Customer Indemnification Obligations. Customer shall defend, indemnify and hold Swimm (and its affiliates, officers, directors, agents and employees) harmless from and against any and all damages, costs, losses, liabilities or expenses (including court costs and reasonable attorneys’ fees) which Swimm may suffer or incur in connection with any actual claim, demand, action or other proceeding by any third party arising from the provision by Customer of any data not in compliance with applicable law.

8.3        Procedure. The obligations of either party to provide indemnification under this Agreement will be contingent upon the indemnified party (i) providing the indemnifying party with prompt written notice of any claim for which indemnification is sought, (ii) cooperating fully with the indemnifying party (at the indemnifying party’s expense), and (iii) allowing the indemnifying party to control the defense and settlement of such claim, provided that no settlement may be entered into without the consent of the indemnified party if such settlement would require any action on the part of the indemnified party other than to cease using any allegedly infringing or illegal content or services. Subject to the foregoing, an indemnified party will at all times have the option to participate in any matter or litigation through counsel of its own election at its own expense.

  1. Limitation of Liability. In no event shall Swimm (or its directors, officers, affiliates, agents or employees) have any liability for any consequential, indirect, special or punitive damages, arising out of or relating to this Agreement or the Swimm software or the Solution. The entire liability of Swimm (or its directors, officers, affiliates, agents or employees) hereunder or in respect of the software and the Solution shall not exceed the total amount Customer has actually paid to Swimm in respect of the Solution. As such, if Customer has not paid for the Solution, Swimm will not have any liability to Customer whatsoever.

10.  Term. This Agreement will be in effect as of the date it is accepted and continue in effect for one-month periods, with automatic renewals, until terminated pursuant to the terms and conditions. Either party may terminate this Agreement upon 30 days prior written notice for any reason. Either party may terminate this Agreement upon written notice if the other party shall materially breach this Agreement and not cure such breach within 10 days of receipt of written notice thereof from the non-breaching Party. Upon any termination of this Agreement, Customer shall cease all use of the  Solution. Sections 2 – 12 of this Agreement and the Commercial Terms shall survive any termination or expiration thereof.  Neither party shall have liability for the termination of this Agreement in accordance with its terms.

11.  Publicity. Swimm may disclose that Customer is using the Solution, including by displaying Customer’s name and logo on Swimm’s website and other marketing materials. Customer may withdraw such consent with respect to future marketing materials by providing written notice to Swimm.

12.  Miscellaneous. This Agreement together with its exhibits and any documents referenced herein constitute the entire agreement between the parties regarding the subject matter hereof and supersedes any and all other agreements between the parties regarding the subject matter hereof. In the event of any conflict or inconsistency between the terms of this Agreement and the terms of any exhibit (including any SOW) or referenced document the terms of this Agreement shall govern unless expressly set forth otherwise in the applicable exhibit or referenced document. Except as expressly set forth herein, this Agreement may not be modified or amended except in a writing executed by both parties. If any part of this Agreement shall be invalid or unenforceable, such part shall be interpreted to give the maximum force possible to such terms as possible under applicable law, and such invalidity or unenforceability shall not affect the validity or enforceability of any other part or provision of this Agreement. Swimm may assign its rights or obligations under this Agreement to an affiliated company or to a purchaser of all or substantially all of Swimm’s assets or share capital, or to any company succeeding to Swimm’s business. Customer shall not assign any of its rights or obligations hereunder without Swimm’s prior written consent. Assignments in violation of the foregoing shall be void. This Agreement shall be governed by the laws of the State of New York, and the competent state or federal courts in New York County, New York shall have exclusive jurisdiction to hear any disputes arising hereunder. Notwithstanding the foregoing, either party may seek an injunction or other equitable relief in any court of competent jurisdiction in order to prevent a breach or threatened breach of this Agreement.  Swimm may provide any notices required under this Agreement or any exhibits or documents referenced herein to the contact information provided by Customer as part of registration.

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Appendix A

Commercial Terms for Solution

  1. Free Tier Version of the Solution: Use of the Free Tier Version of the Solution will be limited to a maximum of 15 users, usage of 1 repository within the product and 1 workspace.
  2. Open Source Version of the Solution: Customer is not required to make payment in respect of the use of the Open Source Version of the Solution solely with respect to Open Source Projects. Customer is responsible for any tax consequences to Customer of using the Open Source Version of the Solution. For purposes of this Agreement, an "Open Source Project" means software the source code of which is made publicly available pursuant to an Open Source License, where an "Open Source License" means any license that is certified as such by the Open Source Initiative. The Open Source Version of the Solution is not limited to a certain amount of users, provided however that Swimm reserves the right to impose a user limitation by provision of 60 days prior written notice. For clarity, any use of the Open Source Version of the Solution with respect to software that is not an Open Source Project is not permitted under the terms of the Agreement.
  3. Paid Version of the Solution:
  • a.   Subscription Terms

    Fees are specified at the Solution interface “check-out” and must be paid in advance.  Amounts set forth therein do not include applicable VAT or other taxes, payment of which shall be made separately. Customer shall make payment of amounts due without withholding or deduction.  Late payments are subject to interest at the rate of 1% per month or, if lower, the maximum amount permitted under applicable law. If Customer fails to pay the applicable fees within 72 hours from the due date, Swimm will freeze the Customer’s access to the Solution. Allowing Customer access after such freezing shall be in Swimm’s sole discretion.

    b.   Changes in Fees

    We may, upon any notice required by applicable law, change the fees for the Solution at any time or require new fees or charges. Such changes will be effective at the beginning of the following month upon informing the customer via email or any other form of contact.

    c.   Payment of Fees

    Your Plan will renew automatically and continue month-to-month unless and until you cancel your Plan or we terminate it, in each case pursuant to the terms of this Agreement (see Section e below (Account Cancellation) of these Terms and Section 10 (Term and Termination) and Section 2 (Restrictions) of the Agreement). You must cancel your Plan before it renews in order to avoid fees due under the next billing cycle. For the avoidance of doubt, even after cancellation or termination in the middle of the month, the Customer will be required to continue the payment until the end of that month.  To view the specific details of your Plan, including the commencement date of your next renewal period, approach your direct contact at Swimm. We will bill the fees due under your Plan to the credit card you provide to us during registration (or to a different credit card if you change your payment information). You acknowledge that the amount billed for each renewal period may vary due to promotional offers, changes in your Plan, and changes in applicable taxes, and you authorize us to bill you the corresponding amounts.

    We reserve the right to deactivate your access to the Solution for failure to pay applicable fees as described in this Agreement. Unless otherwise stated, all fees are stated in U.S. Dollars.

    d.   Credit Card Payments

    All fees for your Plan will be billed to your credit card. You authorize the card issuer to pay any amounts described herein and in your Plan and authorize us (or a billing agent acting on our behalf) to continue charging all such amounts to your credit card account until you or we cancel or terminate your Plan as provided herein or these amounts are paid in full, whichever is later. You must provide current, complete and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number and expiration date) to keep your account current, complete and accurate, and you must promptly notify Swimm if your credit card is lost or stolen, or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your username or password). You authorize us to obtain updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you as a replacement. If payment is not received from your credit card issuer, you agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney's fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. Please check with your bank and credit card issuer for details.

  • e.   Payment Terms, Refunds, and Increase and Decrease users Terms

    The fees for your Plan are billed in advance, are non-refundable, and automatically renew on a monthly basis, as specified in your Plan. No refunds or credits will be provided for partial months of the service, any decrease in the number of users, or for months unused on a subscription.

  • If you decrease the number of users in your Plan, your credit card will automatically be charged at the new rate beginning with your next billing cycle.

  • If you increase the number of users in your Plan level, or upgrade your Plan, your credit card will immediately be charged a prorated amount reflecting the increased rate. Additionally,  you will be charged the full amount of the new rate beginning with your next billing cycle.

  • Any discounts applied to a previous subscription may not apply to a renewed subscription, including to any automatic renewals.

    f.    Account Cancellation

    To cancel your Plan, please approach your contact at Swimm by email (info@swimm.io).

    If you cancel your Plan pursuant to the terms of the Agreement before the end of your current pre-paid period, you will not be charged again for your Plan beginning with the next billing cycle. If you cancel your Plan, you will lose all access, upon the expiration of your current pre-paid period, to the Solution (see Section 10 (Term and Termination) for additional details).

    For the Paid Version of the Solution, Swimm shall cause the Solution to be available at least 99.00% of the time measured over each calendar month during the term, excluding scheduled maintenance.

Swimm Privacy Policy

Last Updated ㆍ Oct 22 2021

S. T. Swimm Tech Ltd. (“Swimm” or “us”, “our”, “we”) respects your right to privacy. Your ability to make informed choices about the uses of your information is important to us. This privacy policy details how we collect, use and store information and data that we receive. If you have any comments or questions about our privacy policies, please contact us at info@swimm.io.

As used in this privacy policy, “Personal Information” means information that can be directly associated with a specific person or entity such as a name, address, date of birth, or e-mail address.

Information We Collect

Swimm collects two types of personal data: data from persons who visit our website (the “Site”) as well as persons who voluntarily submit information via the Site (“Site Data”) and data concerning individuals or personnel associated with Swimm’s customers (the “Customer/s”) collected when Customers, their personnel, and/or their service providers use Swimm’s solution that assists in onboarding and training software developers codebase knowledge sharing (the “Solution”) (“Customer Data”). Site Data can include your name, email, address, company name and other contact information you submit. The Site will also record certain information automatically, such as your IP address, mobile device or computer, operating system and browser, and geo-location. In addition, we collect any information you provide when you contact us for any reason.

Customer Data includes data regarding how the Solution is used and accessed by the personnel or service providers of the Customer.

You are not required by law to provide us with any of the information described herein, but by using the Solution, visiting the Site and/or submitting any information to us you agree to provide us with such information.

How We Use Information

We will not share your Personal Information with third parties without your explicit permission, except when required by law, regulation, subpoena or court order or as otherwise expressly set forth herein. We may use Personal Information and other information internally – for example, to provide you with goods and services, to help diagnose problems with our servers, and to make our Products more useful for you and for our other customers.

We may use Personal Information to provide you with the Solution and related services. Customer Data will be shared only with the applicable Swimm Customer.

We may share your Personal Information with:

  • Members of our corporate family, or third party vendors or service providers, such as email service providers sending emails on our behalf. We may also authorize third party vendors or service providers to collect information on our behalf. We will require members of our corporate family and third party vendors to follow practices that protect your privacy rights on a level at least as restrictive as the practices described in this Privacy Policy.

  • Business partners with whom we may jointly offer products or services, or whose products or services may be offered on our website. You can tell when a third party is involved in a product or service because their name will appear, either alone or with ours. If you choose to use these products or services, we may share information about you, including your Personal Information, with those partners. Please note that we do not control the privacy practices of these third party business partners. If you wish to no longer allow that third party to use your information, please contact that third party directly.

  • Referring websites. If you were referred to this website from another site (for example, through a link), we may share some information about you with that referring website. We encourage you to review the privacy policies of any website that referred you here. Additionally, when you link to one of our partners from our Services, we provide that partner with a unique identifier so they know that you were referred from our Services. This unique identifier will not contain any of your Personal Information.

In addition, by analyzing all information we receive, we may compile statistical information across a variety of users (“Statistical Information”). Statistical Information helps understand trends and customer needs so that new products and services can be considered and so existing products and services can be tailored to customer desires. Statistical Information does not indicate individuals’ identities, nor customers’ identities, and we will not link Statistical Information to any Personal Information. We may share Statistical Information with our partners, pursuant to commercial terms that we determine in our sole discretion. In addition, we may provide any information to third parties, so long as we have removed any information that identifies any particular individual or user, such as a name, address or contact information. We also use a tool called “Google Analytics” to collect information about the use of the Solution. Google Analytics collects information such as how often users visit the Solution, what pages they visit when they do so, and what other sites they used prior to coming to the Solution. Google Analytics collects only the IP address assigned to you on the date you visit the Solution, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. We use the information we get from Google Analytics only to improve our Solution. Google’s ability to use and share information collected by Google Analytics about your visits to the Solution is restricted by the Google Analytics Terms of Use located at http://www.google.com/analytics/terms/us.html and the Google Privacy Policy located at http://www.google.com/policies/privacy/.

How we Protect Information

We take great care in implementing and maintaining the security and follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

We will delete any information provided to us by a user upon the receipt of a written request by such user. We cannot restore information once it has been deleted.

Cookies

A cookie is a small piece of text that is sent to a visitor's browser. The browser provides this piece of text to the device of the originating visitor when this visitor returns. We use “persistent” cookies which may be used to help save your settings and customizations across visits and which are saved on your device for a fixed period of time and are not deleted when the browser is closed. In addition, we use session cookies which are stored only temporarily during a browsing session in order to allow normal use of the Solution and are revoked after one month. We also use third-party cookies which are set by other online services that run content on the page you view on your browser. Most Web browsers are initially configured to accept cookies, but you can change this setting so your browser either refuses all cookies or informs you when a cookie is being sent. Also, you are free to delete any existing cookies at any time. Please note that some features of the Solution may not function properly when cookies are disabled or removed.

Third Party Sites and Services

This Privacy Policy only addresses the use and disclosure of information we collect from you. To the extent that you disclose any information, including Personal Information, to other parties through the Services, for example by way of clicking on a link to any other website or location or via other sites throughout the Internet, different terms may apply to the use or disclosure of the information you disclose to such third parties. You acknowledge that Swimm is not responsible for privacy practices such third parties, and that this Privacy Policy does not apply to such third parties. You are knowingly and voluntarily assuming all risks of using third-party sites to purchase products and services. You agree that Swimm shall have no liability whatsoever with respect to such third-party sites and your usage of them.

We use third party providers to provide services on the Solution, however we do not transfer any parties any Personal Data. We are not affiliated with, and do not have any responsibility for the privacy practices of such third party payment services. Please review independently the privacy policies of such third party payment providers.

Children

We do not knowingly collect Personal Information from children under the age of 13. In the event you become aware that an individual under the age of 13 has enrolled without parental permission, please advise us immediately.

Correcting or Updating your Information.

E-mail address: info@swimm.io
Postal Address: 8, Haarbaa St., Tel Aviv, Israel.

We will retain your information as needed to provide you services. If you wish to request that we no longer use or keep your information, please contact us at the e-mail address or postal address listed above. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Communications

We may send you email or other messages about us or our products and services as well as messages about products and services of selected third parties. By accepting the Terms for the Solution (including the terms of this Privacy Policy which are incorporated therein) or using the Solution, you affirmatively consent to receive such commercial messages. As a registered member, you can remove your personal information from our mailing list and to stop receiving future communication from us by following the unsubscribe link located at the bottom of each communication or by emailing us at info@swimm.io. You will also be given the opportunity to unsubscribe from commercial messages in any such email we send. Please note that we reserve the right to send you service related communications, including service announcements and administrative messages, relating either to your account or to your transactions on the Solution, without offering you the opportunity to opt out of receiving them unless you cancel your account.

Other Uses or Transfer of Your Information

We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or behavior of any user suspected to have engaged in illegal behavior.

We may use subcontractors that are located in countries other than your own, and send them information we receive. For example, we may send your information to any countries outside your jurisdiction and/or outside the United States or the European Union. All our subcontractors will be subject to non-disclosure and non-use obligations. Nevertheless, some countries may have levels of protection of personal and other information which are not as high as in your country of residence or business.

We may transfer our databases containing your Personal Information if we sell our business or part of it , including in cases of liquidation, and the terms of this Privacy Policy will continue to apply to the databases. Information about our users, including Personal Information, may be disclosed as part of, or during negotiations of, any merger, sale of company assets or acquisition and shall continue being subject to the provisions of this Privacy Policy. By providing such information, you expressly consent to such transfer and use, including transfers outside of the country of your residence.

Changes

We may update this privacy policy from time to time, and we encourage you to review it periodically.

Comments and Questions

If you have any comments or questions about our privacy policy, please contact us at info@swimm.io.

Last updated: January 2021