1. Agreement to These Terms
These Terms of Service, together with our Privacy Policy and any other documents referenced herein, constitute a legally binding agreement between you and Swift Intellect International Limited, operating under the developer name SwiftIntellect. By accessing or using our website at https://www.swiftintellect.lol, or by engaging our computer systems design and related services, you agree to be bound by these terms.
If you do not agree to these terms, you must not access the website or use our services. If you are using our services on behalf of an organization, you represent that you have the authority to bind that organization to these terms, and the term you refers to that organization.
2. Definitions
For the purposes of these Terms of Service, the following definitions apply.
- Company: Swift Intellect International Limited, including its officers, employees, and authorized agents.
- Services: The computer systems design, computer integrated systems design, and related professional services offered by the Company.
- Website: The website located at https://www.swiftintellect.lol and any related subdomains.
- User: Any individual or entity that accesses the website or uses the services.
- Content: All text, graphics, software, data, and other materials made available through the website or services.
- Agreement: These Terms of Service together with the Privacy Policy and any applicable statement of work or service agreement.
3. Eligibility
You must be at least 18 years of age, or the age of majority in your jurisdiction, to use our website and services. By using the website, you represent and warrant that you meet this eligibility requirement.
If you are using the website or services on behalf of a business or other entity, you represent and warrant that you are authorized to do so and that the entity agrees to be bound by these terms. We may require proof of authority in connection with certain transactions.
4. Our Services
The Company provides computer systems design and related services, including systems architecture, custom software development, systems integration, cloud and DevOps services, data engineering, and security review. The specific scope, deliverables, timeline, and fees for any engagement are set out in a separate statement of work or service agreement.
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time. Where a change materially affects an ongoing engagement, we will provide reasonable notice. We do not guarantee that any particular service will always be available or that it will meet every requirement you may have.
Statements of work are the controlling documents for individual engagements. To the extent that a statement of work conflicts with these Terms of Service, the statement of work governs with respect to the specific scope, deliverables, fees, and timeline of that engagement, while these terms continue to govern the general use of the website and the overall relationship. Any change to an agreed scope must be documented in writing and signed by both parties.
5. Use of the Website
You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the website for lawful purposes consistent with these terms. This license does not grant you any ownership interest in the website or its content.
You agree not to access the website through automated means, such as bots or scrapers, without our prior written consent. You agree not to attempt to gain unauthorized access to any portion of the website, its servers, or any connected systems or networks.
6. Acceptable Use
You agree to use the website and services only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit the use and enjoyment of the website by any other person. In particular, you agree not to do any of the following.
- Use the website in any way that violates any applicable law or regulation.
- Transmit any material that is unlawful, defamatory, obscene, or otherwise objectionable.
- Introduce viruses, malware, or other harmful code.
- Attempt to interfere with the operation of the website or its underlying systems.
- Misrepresent your identity or your affiliation with any person or entity.
- Collect or harvest information about other users without their consent.
- Reverse engineer, decompile, or disassemble any software provided through the website or services, except as permitted by law.
We reserve the right to suspend or terminate access to the website for any user who violates these acceptable use requirements.
If you believe that any content on the website, or any activity by another user, violates these terms or applicable law, please report it to us using the contact details below. We will review reports in good faith and take any action we consider appropriate, but we are not obligated to monitor the website continuously or to remove content solely because it has been reported.
7. Intellectual Property
The website and its content, including text, graphics, logos, icons, software, and design, are owned by the Company or its licensors and are protected by copyright, trademark, and other intellectual property laws. All rights not expressly granted in these terms are reserved.
The name SwiftIntellect and related logos are trademarks of the Company. You may not use these trademarks without our prior written consent. You may not reproduce, distribute, modify, or create derivative works of any content from the website without our express permission.
With respect to custom work performed for a client, ownership of the delivered software and documentation is addressed in the applicable statement of work or service agreement. In the absence of a specific provision, the Company retains ownership of pre-existing and underlying tools, frameworks, and methodologies, while the client receives rights to the specific deliverables as agreed.
8. User Content
You may submit content to us through the website, such as information in contact forms or project inquiries. You retain ownership of any content you submit, but by submitting content you grant us a non-exclusive, worldwide, royalty-free license to use, store, and process that content for the purpose of responding to your inquiry and providing our services.
You represent and warrant that any content you submit does not infringe the intellectual property or other rights of any third party and does not violate any applicable law. We are not responsible for the accuracy or completeness of content you submit, and we may remove any content at our discretion.
You are solely responsible for any content you provide, including its accuracy, legality, and suitability for the purpose for which you provided it. We do not review all content submitted to us and do not assume any obligation to monitor, edit, or retain such content. You should keep your own copies of any information you submit, as we may delete or archive content in the normal course of operating our business.
9. Accounts and Security
If you create an account or are provided with credentials to access any portion of our systems, you are responsible for maintaining the confidentiality of those credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
You agree to provide accurate and complete information when creating an account and to update that information as necessary. We reserve the right to suspend or terminate accounts that provide inaccurate information or that engage in unauthorized activity.
You are responsible for ensuring that any device you use to access the website or services is adequately protected, and that your use of the website does not expose our systems or the systems of other users to risk. You agree to use reasonable security practices, including keeping your credentials private and promptly notifying us if you suspect that a credential has been compromised.
10. Fees and Payment
Fees for our services are set out in the applicable statement of work, proposal, or invoice. All fees are due and payable in accordance with the payment terms stated in that document. Unless otherwise stated, fees do not include applicable taxes, which are your responsibility.
We may charge interest on late payments at the rate set out in the applicable agreement or, in the absence of such a rate, at the maximum rate permitted by law. We reserve the right to suspend work on an engagement if payments are not received when due.
Unless otherwise agreed in writing, you are responsible for providing us with the information, access, and cooperation reasonably necessary for us to perform the services. Delays caused by your failure to provide required materials or access may extend the timeline set out in the applicable statement of work, and we will not be responsible for schedule impacts that result from such delays.
11. Third Party Services
Our website and services may rely on or link to third party services, platforms, or tools. We do not control these third party services and are not responsible for their content, availability, or practices.
Your use of any third party service is subject to the terms and conditions and privacy policies that apply to that service. We are not liable for any loss or damage arising from your use of third party services, even where they are accessed through our website or recommended by us.
12. Disclaimer of Warranties
The website and services are provided on an as is and as available basis, without warranties of any kind, whether express or implied. To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the website will be uninterrupted, error-free, secure, or free of viruses or other harmful components, or that any defects will be corrected. We do not warrant that the results obtained from using the services will be accurate or reliable.
You acknowledge that technology projects inherently involve risk, including the possibility of delays, defects, and unforeseen dependencies on systems outside our control. We will use reasonable skill and care in performing the services, but we do not guarantee that every project will achieve a particular business outcome, cost saving, or performance target unless such a result is expressly promised in a signed statement of work.
13. Limitation of Liability
To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, loss of goodwill, or business interruption, arising out of or related to your use of the website or services, even if we have been advised of the possibility of such damages.
In no event shall the aggregate liability of the Company arising out of or related to these terms exceed the greater of the amount you paid to us for the services in the twelve months preceding the event giving rise to the claim, or one hundred US dollars. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the limitations above may not apply to you.
14. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to your use of the website or services, your violation of these terms, or your infringement of any third party rights.
This indemnification obligation survives the termination of these terms and your use of the website and services.
15. Termination
We may terminate or suspend your access to the website or services, in whole or in part, at any time and for any reason, with or without notice, including if we reasonably believe that you have violated these terms.
Upon termination, your right to use the website and services will immediately cease. Provisions of these terms that by their nature should survive termination, including intellectual property, limitation of liability, indemnification, and governing law, shall survive.
16. Governing Law
These terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to its conflict of law principles. This choice of law applies regardless of where you access the website or use the services.
To the extent that mandatory consumer protection laws in your jurisdiction provide you with additional rights, nothing in these terms is intended to limit those rights.
17. Dispute Resolution
We encourage you to contact us first to resolve any dispute informally. Most disagreements can be resolved through direct communication. If a dispute cannot be resolved informally, the parties agree to submit the matter to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.
Any claim arising out of or related to these terms must be brought within one year after the cause of action arises, or it is permanently barred. This does not limit any mandatory statutory limitation periods that may apply.
18. Changes to These Terms
We may update these Terms of Service from time to time to reflect changes in our services, legal requirements, or business practices. When we make changes, we will update the effective date at the top of this page.
Your continued use of the website or services after any changes to these terms constitutes your acceptance of the updated terms. If you do not agree to the updated terms, you should stop using the website and services.
Changes to these terms will not apply retroactively to disputes that arose before the change took effect, unless both parties agree otherwise in writing. We encourage you to save or print a copy of these terms for your records each time they are updated.
19. Miscellaneous
If any provision of these terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
Our failure to enforce any provision of these terms does not constitute a waiver of that provision or of the right to enforce it later. These terms, together with the Privacy Policy and any applicable statement of work, constitute the entire agreement between you and the Company regarding the subject matter herein.
You may not assign or transfer these terms or any rights under them without our prior written consent. We may assign these terms without restriction.
20. Contact Information
If you have any questions about these Terms of Service, please contact us using the details below. We will respond as promptly as we can.
Swift Intellect International Limited
Rm 1, 22/F, The Cloud
111 Tung Chau Street
Tai Kok Tsui
Hong Kong (HK)
Email: info@swiftintellect.lol
Phone: +1 607 325 3883
Website: https://www.swiftintellect.lol