Terms of Service

1. Merchant of Record; Relationship to Paddle Terms.​

Paddle.com Market Limited, and/or Paddle.com Inc. is the Merchant of Record (“Paddle” or “MoR”) for your purchases. When you purchase Credits or other paid services, you are purchasing from the MoR subject to their applicable buyer terms, and the MoR is responsible for processing payments and applicable taxes. These Terms govern your use of the Service and your relationship with swXtch.ai (separate and apart from your purchase contract with the MoR). swXtch.ai reserves the right to change the MoR at any time, in our sole discretion.

 

2. swXtch.ai Service Overview

swXtch.ai operates a network data transport and processing service. Data transport ingests network traffic and connects it to various locations. Some of those locations may process or transform data. These data processing nodes may or may not use ML/AI either provided by swXtch.ai or third parties. Users may use the Site to access third-party generative or analytical AI inference destinations listed on the Site (“AI Models”). swXtch.ai may add or remove AI Models from the Service at any time.

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3. Eligibility

If you are an individual, you must be at least 18 years of age to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service complies with all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

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4. Accounts and Registration

To access the Service, you must register an account, and you may be required to provide identifying information, such as your email address or other contact information. You agree that the information you provide to us is and will remain accurate and up to date at all times. You are solely responsible for maintaining the confidentiality of your account credentials including your chosen password, and you accept responsibility for all activities that occur under your account. If you believe that your account is compromised or no longer secure, then you agree to immediately change your password and notify us at support@swXtch.ai.

 

5. Payment

5.1 Credits; Purchases Through the MoR

Use of the Service requires you to purchase prepaid Credits (“Credits”). Credits linked to your account are consumed as you use the Service.

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5.2 Consumer Refunds and Right to Cancel

You have the right to cancel your purchase within a cancellation period (which varies by your location) after the purchase date without giving any reason (the “cooling-off period”), subject to the “Digital Services / Immediate Performance” terms below and applicable law.

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Refund requests must be submitted through the MoR using the support links provided in your MoR account.

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5.3 Credit Expiration; Auto Recharge

Credits expire if they remain unused for one (1) year after purchase. Upon expiration, any unused Credits are permanently removed from your account and are no longer available for use or refund. If your account exists for 120 days with a zero balance, your account will automatically be closed.

Purchased Credits will be used on a first-in, first-out basis. When purchasing Credits, you have the option to automatically purchase additional Credits (“Auto Recharge”) when your available Credits reach a pre-set threshold that you can establish in your account. If you elect this option, you authorize the MoR to charge payments to your account. You may set up, turn off, or change Auto-Recharge at any time through your account.

 

5.4 Digital Services; Immediate Performance; Use of Credits

By purchasing Credits, you have immediate access to the Service. You acknowledge and agree that Credits you use for the Service (i.e., the Credits consumed) are non-refundable.

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Credits are considered “consumed” when inference processing (including AI chat usage), transport, or other network functions or other service usage are consumed and metered against your purchased Credits.

 

5.5 Refund Eligibility

Refunds are only available under the following conditions:

The refund request is submitted within the permitted cancellation period after the purchase date; and the Credits requested to be refunded have not been consumed. In your refund request, only unused Credits may be refunded during the cancellation period.

 

5.6 Non-Refundable Amounts

Credits for Services that have already been performed are non-refundable.

In accordance with this Section, qualified refunds will be processed by the MoR. The MoR’s payment processing fees may not be refundable, as described in the MoR’s terms.

 

5.7 Pricing Changes

We may change pricing or Credit rates from time to time. Any pricing changes will only apply prospectively and will be communicated through the Service or at checkout.

 

6. User Content

6.1 User Content Generally; Training Data.          

You may provide input into the Service, which may include video, images, data, text, and other types of work (“Input”), receive an output from the Service based on your Input (“Output”), and your Inputs may result in exchanges with swXtch.ai (“Chat”) made within our Service, collectively, the Input, Output, and Chats are “User Content”. You retain copyright and any other proprietary rights that you may hold in the Inputs and Chats. Your ownership rights in the Output, including derivative works created by the AI Model you use, are set forth in terms for each AI Model you use (“AI Model Terms”), a list of which is provided here. You grant to swXtch.ai an internal use only license to all Inputs and Chats, as described in Section 6.2. While we strive to keep the AI Model Terms up to date every time we add or remove each AI Model from the Service, there may be incorrect or missing terms.

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If you see any linked terms to AI Models that are inaccurate, missing or out of date, you may contact us at support@swXtch.ai. Some AI Models may store or train on your Inputs for improving their own AI models and may allow you to opt-out of model training, as described in their AI Model Terms. swXtch.ai uses aggregated use statistics for improving our system and for training. Where possible, swXtch.ai has opted out of model training with the AI Models it uses. swXtch.ai strives to accurately represent the status of prompt logging and training for each AI Model on our Site. However, swXtch.ai is not liable for the terms, errors, or misrepresentations made in any AI Model Terms. You are encouraged to review and understand all terms to which you agree when using such AI Model Terms.

 

6.2 Chat Logging.

You grant swXtch.ai a perpetual, irrevocable, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) throughout the universe, including, without limitation, on Earth and all other planets, satellites, and other vehicles or bodies in space, whether now known or hereafter discovered, to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, adapt, translate, and prepare derivative works of, and distribute your Inputs and Chats, in whole or in part, in any media formats and through any media channels now known or hereafter developed, for purposes of providing the Service to you and for our own internal commercial and business purposes. To support you and for our internal training purposes only, swXtch.ai may utilize unredacted, original form User Content. By way of example only, this license provides swXtch.ai permission to (1) internally log, copy, store, and distribute your User Content for purposes of supporting your use of and our provision of the Service, and (2) license or sell your User Content in aggregated or anonymized form, which cannot be associated with you or your account, and cannot be combined with other information to identify you. swXtch.ai affirms that absent such redaction and/or anonymization, your Inputs and Chats remain protected and constitute your Confidential Information.

 

6.3 Input Representations and Warranties.

You are solely responsible for your Inputs and the consequences of providing Inputs. By providing Inputs, you affirm, represent, and warrant that:

• you are the creator and/or owner of the Inputs, or have the necessary licenses, rights, consents, and permissions to authorize swXtch.ai to use, reproduce, and distribute your Inputs as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by swXtch.ai, the Service, and these Terms; and

• your Inputs, and the use of your Inputs as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) directly or indirectly cause swXtch.ai to violate any law or regulation.

 

6.4 Input and User Content Disclaimer.

We are under no obligation to edit or control Inputs that you or other users post or publish, and we will not be in any way responsible or liable for Inputs. swXtch.ai may, however, at any time and without prior notice, screen, remove, edit, or block any Inputs that in our sole judgment violates these Terms or is otherwise objectionable or illegal. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against swXtch.ai with respect to your Inputs. We expressly disclaim any and all liability in connection with User Content. If notified by a user, content owner or AI Model that User Content allegedly does not conform to these Terms, we may investigate the allegation and make an appropriate election regarding such access to the Service, in our sole discretion. For clarity, swXtch.ai does not permit infringing activities or content on the Service.

 

6.5 Location of Originating Requests.

Due to certain limitations, it is not always possible to accurately represent your geo-location, and this limitation may affect your ability to use the Service. You understand and agree that swXtch.ai is not responsible for any incorrect or missing location reporting to the AI Models.

 

7. Prohibited Conduct.

BY USING THE SERVICE, YOU AGREE NOT TO ATTEMPT OR TRY TO:

1. Use the Service for any illegal purpose, in violation of any applicable local, state, national, or international law or in violation of any applicable AI Model Terms;

2. for any reason, create a false identity, misrepresent your true identity, or create multiple accounts despite being a single user, for purposes of bypassing or circumventing use limitations on the Site or in the Service;

3. develop, support, or use software, devices, scripts, robots or any other means or processes (such as crawlers, browser plugins, add-ons or any other automated technology) to scrape, collect, or copy any information or portion thereof on the Site or the Services;

4. bypass any technical measures implemented by swXtch.ai that are designed to prevent reverse engineer, scraping or any form of Service degradation;

5. violate, or encourage others to violate, any rights of swXtch.ai, or of a third party, including by infringing or misappropriating any intellectual property right;

6. post, upload, or distribute any Input or other content that is unlawful, or which fails to comply with the Terms of Service, in our sole discretion, and for the AI Model or Provider terms you are using;

7. violate the Terms of Service for the AI Model or Provider you are using;

8. interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use, or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted in writing by us or by applicable law;

9. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect personal information about another user or third party without their consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any such network, equipment, or server;

10. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other user’s account without permission, or falsifying your true identity, age, or date of birth;

11. sell or otherwise transfer to a third party, the access granted under these Terms or any Materials (as defined in Section 11) or any right or ability to view, access, or use any Service or Material; or

12. attempt to do any of the acts described in this Section or assist or permit any person in engaging in any of the acts described in this Section.

8. Termination of Use; Discontinuation and Modification of the Service.

You may terminate your account at any time by contacting customer service at support@swXtch.ai. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Service.

swXtch.ai may suspend or terminate your account or your access to the Service at any time if we reasonably believe you have violated these Terms, or if we need to do so to comply with law, protect the security or integrity of the Service, or prevent harm to swXtch.ai, other users, or third parties. We may also, in our discretion, suspend or terminate your access to the Service at any time, with or without notice, where permitted by law.

We also reserve the right to modify, suspend, or discontinue the Service (or any part of it), temporarily or permanently, at any time. To the extent permitted by law, we will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.

 

9. Privacy Policy; Additional Terms

9.1 Privacy Policy.

Please read the swXtch.ai Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The swXtch.ai Privacy Policy is incorporated by this reference into, and made an integral part of, these Terms.

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9.2 Additional Terms.

Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”), such as end-user license agreements for any downloadable software applications, or rules that are applicable to a particular feature or content on the Service, subject to Section 9. All Additional Terms are incorporated by this reference into, and made an integral part of, these Terms.

 

10. Modification of these Terms.

For any changes to these Terms that materially modify your rights or obligations, we will provide you thirty (30) days’ advance notice via email or by an in-product notification. Your continued use of the Service following receipt of such notice constitutes your consent to these changes. All other changes will be effective as soon as we post them to our Site. Please check these Terms periodically for changes. If you do not agree to the changes, you must immediately stop using our Service. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

 

11. Ownership; Proprietary Rights.

The Service is owned and operated by swXtch.io Inc., dba swXtch.ai. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by swXtch.ai are protected by intellectual property and other laws. All Materials included in the Service are the property of swXtch.ai or our third-party licensors. Except as expressly authorized by swXtch.ai, you may not make use of the Materials. swXtch.ai reserves all rights to the Materials not granted expressly in these Terms.

 

12. Feedback.

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant swXtch.ai an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

 

13. Indemnity.

You are responsible for your use of the Service, and you will defend and indemnify swXtch.ai and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “swXtch.ai Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to, actual or alleged use of the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

 

14. Warranty Disclaimers

• EXCEPT AS EXPRESSLY SET FORTH HEREIN , THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE OTHERWISE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT ANY ADDITIONAL WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE SWXTCH.AI ENTITIES DISCLAIM ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE SWXTCH.AI ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

• NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE SWXTCH.AI ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY OUTPUT YOU RECEIVE THROUGH THE SERVICE. YOU  UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOUR USE OF THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM, MOBILE OR OTHER DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT. YOU UNDERSTAND AND AGREE THAT SWXTCH.AI IS NOT RESPONSIBLE FOR THE ACCURACY OR QUALITY OF ANY OUTPUT YOU RECEIVE THROUGH THE SERVICE. SWXTCH.AI TAKES NO RESPONSIBILITY FOR ANY ACTIONS YOU TAKE AS A RESULT OF ANY OUTPUT RECEIVED THROUGH THE SERVICE OR ANY CONSEQUENCES OF THOSE ACTIONS.

• SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

 

15. Limitation of Liability

• EXCEPT FOR DAMAGES ARISING FROM PERSONAL INJURY OR GROSS NEGLIGENCE, IN NO EVENT WILL THE SWXTCH.AI ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY SWXTCH.AI ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

• EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, THE AGGREGATE LIABILITY OF THE SWXTCH.AI ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO SWXTCH.AI FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT(S) GIVING RISE TO YOUR CLAIM; OR (B) USD $100.

• SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

• EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN YOU AND SWXTCH.AI UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SWXTCH.AI. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

16. Governing Law

These Terms are governed by the laws of the State of Georgia without regard to conflict of law principles. Except as governed by local consumer laws, if a lawsuit or court proceeding is permitted under these Terms, then you and swXtch.ai agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Atlanta, Georgia for the purpose of litigating any dispute.

 

17. General

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and swXtch.ai regarding your use of the Service. Except as expressly permitted above, these Terms may be amended in swXtch.ai’s sole discretion. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon expiration or termination of these Terms, those sections requiring survival including but not limited to Sections 3, 4, 5 and 9 through 20, along with the Privacy Policy and any other accompanying agreements, will survive.

 

18. Dispute Resolution and Arbitration.

18.1 Dispute Resolution

Before initiating arbitration, a party must provide written notice of the dispute to the other party describing the nature of the claim and the relief sought. The parties agree to attempt to resolve the dispute informally for at least thirty (30) days before commencing arbitration or litigation.

 

18.2 Arbitration

In the interest of resolving disputes between you and swXtch.ai in the most expedient and cost-effective manner, you and swXtch.ai agree that any dispute arising out of or relating to these Terms or your use of the Service will be resolved by binding arbitration, except as expressly provided herein. Arbitration uses a neutral arbitrator instead of a judge or jury and arbitrators can provide the same relief that a court can award.

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BY ENTERING INTO THESE TERMS, YOU AND SWXTCH.AI WAIVE THE RIGHT TO: (i) A TRIAL BY JURY OR (ii) PARTICIPATION IN A CLASS ACTION SUIT, TO THE EXTENT THAT SUCH CLASS ACTION IS PERMITTED BY APPLICABLE LAW.

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This Section applies to claims arising under contract, tort, statute, fraud, misrepresentation, or any other legal theory, and applies whether a claim arises during or after termination of these Terms.

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Nothing in this Section limits any non-waivable consumer rights you may have under applicable law.

 

18.3 Exclusions; MoR Disputes

This Section applies only to disputes between you and swXtch.ai relating to the Service.

Disputes relating to payment processing, refunds, chargebacks, taxes, or other matters arising from purchases made through the MoR must be directed to the MoR and are governed by their applicable terms.

 

Nothing in this Section prevents either party from: (a) bringing an individual claim in small claims court, where eligible; (b) seeking injunctive or equitable relief in a court of competent jurisdiction; or (c) filing claims that cannot be subject to arbitration under applicable law.

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18.4 Arbitration Rules

Any qualified arbitration between you and swXtch.ai will be governed by the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its applicable rules, including the AAA Consumer Arbitration Rules where appropriate.

 

The arbitration will be conducted in English. Unless otherwise required by applicable law, the arbitration will take place in Atlanta, Georgia, or may be conducted remotely at the election of either party.

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18.5 Fees

Payment of arbitration fees will be governed by the applicable AAA rules. Each party will bear its own attorneys’ fees unless the arbitrator makes a determination and awards fees under applicable law.

18.6 No Class or Representative Actions

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To the extent permitted by law, disputes must be brought in an individual capacity and not as a class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims without the consent of all parties.

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18.6 Modifications

If swXtch.ai makes a material change to this arbitration provision, you may reject the change by providing written notice within thirty (30) days of the change, in which case this arbitration provision will continue to apply as it existed at the time of your agreement with swXtch.ai.

 

19 Consent to Electronic Communications.

By using the Service, you consent to receiving electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about this and our privacy practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy our communication requirements, including written legal communications.

 

20 Publicity.

You grant swXtch.ai a non-exclusive, royalty-free, non-transferable license throughout the universe to use your company name, logo, and trademarks (“Marks”) in swXtch.ai’s marketing materials, website, and investor presentations for the purpose of identifying you as a user of the Service. swXtch.ai’s use of the Marks shall comply with any written usage guidelines you provide. All goodwill generated by such use will inure to your benefit. You may revoke this license at any time by providing written notice to swXtch.ai after which swXtch.ai shall have thirty (30) days to remove the Marks from its digital properties and shall cease using the Marks in all future materials.

 

21 Contact Information.

The Service is offered by swXtch.io Inc., (dba swXtch.ai) with offices located at 2451 Cumberland Pkwy SE, STE 3310, Atlanta, GA 30339, United States. You may contact us by sending correspondence to that address or by emailing us at support@swXtch.ai.

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