Terms & Conditions of Use

Welcome to Swellify! These terms and conditions of use apply and govern your use of our mobile app and website. By using Swellify you are agreeing to all the terms and conditions below.

Your Account

1. You will need to create an account to access and use certain features of Swellify.
2. You have the right to delete your account with us by using the mobile app or contacting our support team by email at support@swellify.app. If you choose to permanently delete your account, the non-public data that we have associated with your account will also be deleted. Deleting your account using the mobile app is possible by navigating to your profile and under the Account heading, tap "Delete" and follow the instructions.

Swellify Subscriptions – Terms & Conditions of Use

1. You may not copy, reproduce, republish, download, post, broadcast, retransmit, make available to the public, or otherwise use Swellify content in any way except for your own personal use. Any other use of Swellify content requires the prior written permission of Swellify Limited.
2. You agree to use Swellify only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of Swellify.
3. The information provided by Swellify is intended as a guide only. It should under no circumstances be used to make decisions where there is a risk to life or property.
4. Your Swellify account is intended for the personal use of the subscribing individual only. By agreeing to these terms you agree to be bound by our fair use policy.
5. We may provide updates to Swellify as and when we see fit. This may include upgrades, modifications, and other corrections or new features. You agree that these Terms & Conditions will apply to any and all updates to Swellify. We may change, suspend or discontinue parts of the service provided by Swellify, or impose limits on certain features. We will try to give you notice when we make changes that would adversely affect you, but this isn’t always practical.

Swellify Terms of Subscription, Refunds and Cancellation

1. User payment for Swellify entitles you to Swellify usage and it's features.
2. Swellify payments are on subscription and thus will automatically renew on a monthly or annual basis. Your subscription can be managed through Your Profile Page. Unless otherwise stated, all fees for Swellify are payable in advance, and will be billed automatically at the start of the monthly or annual period. All purchases of Swellify are final, and non-refundable, except at our sole discretion.
3. Your subscription can be cancelled at any time up to the next billing date and no further sums will be debited from you.
4. On cancellation your account remains active for any days remaining in the current billing period.
5. If you do not pay the fees or charges due for your use of Swellify, we may make reasonable efforts to notify you and resolve the issue, however we reserve the right to disable or terminate your access to Swellify.
6. Your Swellify account will remain but all paid features will cease to function at the end of the current term if you have cancelled your subscription.
7. We reserve the right to cancel at any time the account of anyone in breach of these terms.
8. To the extent permitted by law, we may change our prices for Swellify at any time. We will give you reasonable notice of any pricing changes by posting the new prices and/or by emailing you notification. If you do not wish to pay the new prices, you can cancel the applicable Swellify service before the change comes into effect.
9. We value all our customers and encourage everyone to provide constructive feedback on their experience. Please direct all feedback to our lovely support team at support@swellify.app.

Accuracy and Availability

1. Swellify Limited employs all reasonable measures to ensure timely and accurate delivery of our service, however outages or errors due to unforeseen circumstances are possible.
2. You can cancel renewal of your subscription at any time should the service no longer meet your needs.

Disclaimer and Limitation of Liability

1. Under no circumstances will Swellify Limited be liable for any losses, damage or injury arising from any use of Swellify or from decisions made based on the information provided by Swellify.
2. While Swellify Limited will strive to provide the best service possible we cannot guarantee that Swellify will be available at any given time or that it will be free from errors.
3. To the maximum extent permitted by the applicable laws, Swellify Limited makes no warranties regarding the quality, accuracy, timeliness, completeness, availability or reliability of its services. You agree and acknowledge that use of Swellify is at your sole risk.

Intellectual Property

The Swellify name, images and logos identifying Swellify and associated products and services are subject to copyright, owned by Swellify Limited. No intellectual property of Swellify Limited can be used without the explicit written consent of Swellify Limited.

General

These terms shall be governed by and interpreted in accordance with the laws of New Zealand. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.