TERMS OF SERVICE (OCTOBER 2017)

 

 

GENERAL TERMS OF SERVICE 

 

Please read these Terms of Service (“Terms of Service” or “Terms”) before using and/or utilizing objectivec2swift.com and/or any related sites (the “Site”) in any manner. These Terms of Service constitute a binding agreement between you (the “User) and Swiftify, Inc. and its affiliates (“Swiftify” or “We”) and governs the use of the Site. Please note that the Terms of Service set forth herein apply to all users of the Site (and accordingly apply to you whether you are a visitor to the Site or as a registered member of Swiftify).

We reserve the right to change these Terms at any time, and you agree (by virtue of your continued use of our Site) to be bound by any such changes. If you do not agree to these Terms of Service, please do not use, access or browse the Site. Please check periodically the following web address periodically https://objectivec2swift.com/#/tos to review such changes to the Terms of Service. Your use of (including any browsing or access to) the Site, after such revised Terms of Service have been posted at the above web address, constitutes mean your consent to the new or revised Terms of Service.

By using the Site (including your mere browsing through the Site) you hereby represent that you are of legal age to accept these Terms of Service and to form a binding contract under the applicable laws (see below). In addition, you hereby warrant that you will not use this Site in any way that could violate and/or misappropriate any proprietary rights of third parties, including privacy rights, publicity rights and trade secrets.


 

 

YOUR ACCOUNT

 

To use Swiftify you must meet the following criteria listed below. By creating an account with Swiftify you hereby represent that you agree and meet these criteria:  

a. You must be a human. Accounts registered by automated methods are not permitted.  

b. You must provide valid information required by Swiftify during the registration process, e.g. email address, etc.) 

c. You are responsible for maintaining the security of your account and password.

Swiftify will not be liable for any losses or damages from your failure to comply with this security obligation.  

d. You may not use the Swiftify Website for any illegal or unauthorized purpose. You must not, in your use of Swiftify, violate any laws in your jurisdiction (including but not limited to copyright laws).


 

 

PAYMENTS

 

All paying accounts are billed in advance on a monthly or annual basis according to the selected subscription plan. All paying accounts require a valid credit card.

All accounts are entitled to our 30-day money back guarantee, which covers the first 30 days commencing on the date of registration of the account on the Swiftify Website. All other charges for any period thereafter are non-refundable. Upgrades and downgrades will be prorated on a daily basis and will remain in the account until canceled or terminated. 

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for the payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. You agree to pay for any such taxes that might be applicable to your use of the Swiftify Website and payments made by you herein.

 

Swiftify uses a the 3rd party payment processor Stripe ( https://stripe.com) to handle payment transactions. Refer to the Stripe Services Agreement for details.

 

When you upgrade or downgrade your plan, your next subscription payment is automatically prorated proportionally to the amount of days spent on the old and the new plan.

 

 

CANCELLATION & TERMINATION OF ACCOUNTS 

 

You are solely responsible for properly canceling your Account subscription. 

Cancellations will take effect immediately. Upon the commencement of a new service period, the Swiftify Website may terminate your Account without additional notice, and you will not be charged for any subsequent service periods.   

Swiftify reserves the right to terminate any free Accounts that do not have any activity for sixty (60) days or trial accounts without a payment method thirty (30) days after expiration.   

Any cancellation or termination of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from Swiftify once your account is canceled or terminated. Please be aware that Swiftify may for a time retain residual information in the backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that desire to us. 

Swiftify reserves the right to limit or revoke your access to this Site in its sole discretion, at any time, and for any reason, including, but not limited to technical difficulties or violation of these Terms of Service.

 

 

AVAILABILITY, ERRORS AND INACCURACIES

 

Swiftify was created to reduce the redundant task when rewriting Objective-C code to Swift.

Generally, the rewriting process consists of two phases: first simply replacing the syntax from Objective-C to Swift, then adopting new features that are introduced in Swift.

Swiftify is aimed at reducing the first half of the process so that users can focus more on the creative / intellectual work.

Please do not expect 100% correct and error-free conversion .

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. You expressly agree that any such offer of a product or service does not constitute a legally binding agreement applicable in a court of law.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. The section "Availability, Errors and Inaccuracies" is without prejudice to existing statutory rights.

 

PRIVACY POLICY

 

Swiftify privacy practices are governed by our Privacy Policy, the most updated copy of which can be found at  https://objectivec2swift.com/#/privacy-policy (the “Privacy Policy”). 

The Privacy Policy does not cover the information practices exercised by other providers of products or services, advertisers or other web-sites, or companies/people that Swiftify does not own or control, or does not employ or manage. We would like to emphasize that Swiftify is not and cannot be responsible for the content or the privacy policies of web sites to which it may link or web sites that link to the Swiftify Website.

 

 

 

SOURCE CODE PRIVACY

 

Your submitted source code is transferred over an encrypted HTTPS connection and is NEVER stored on our servers!

The converted code is stored for 72 hours after the conversion for download purposes, then deleted permanently.

You keep full copyright of both the original and converted source code, regardless of whether your Swiftify subscription is active or not.

We do not disclose source code which has been submitted to us for the purpose of identifying conversion issues. We respect the copyright of source code submitted to us and this source code is deleted after the conversion issues are identified.

 

 

API USAGE

 

All statements of this Privacy policy also apply to using the Swiftify API.

The usage of the Swiftify API has the same limitations as using our product online, or via desktop solutions or plugins.

Swiftify API cannot be used to create a competitive service, or resell our services to third parties without our prior consent.

Our API cannot be used to provide access to the service (obtained by your account credentials, or the API Key) to other people.

Swiftify reserves the right to terminate the Terms with you or discontinue the APIs or any portion or feature or your access thereto for any reason and at any time without liability or other obligation to you.

 

THIRD PARTY CONTENT

 

To the extent that the Site contains links to outside services and resources, Swiftify does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource provider. 

Some of the content and materials available through the Site (e.g. forum posts) may be provided by third parties. Any opinions, advice, statements, services, offers or other information expressed or made available by such third parties, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of Swiftify.

 

 

OWNERSHIP OF PROPRIETARY RIGHTS

 

The Site, including any underlying software, platforms, algorithms, technology and/or other proprietary materials (“Materials”) are the property of Swiftify and/or its respective partners and affiliates which retains all rights, title and interests in and to such Materials and all intellectual property rights relating thereto, including without limitations all copyright, patent, trademarks, logos, design rights and any other proprietary rights. 

You acknowledge and agree that Swiftify is the exclusive owner (including, without limitation, to any and all intellectual property or proprietary rights) of the Site, the Materials and any underlying technology and software that may be created in connection with the use of or registration to the Site. 

Without limiting any of the foregoing or hereunder, Swiftify, is a trademark of Swiftify, Inc. Other company or product names are the trademarks or registered trademarks of their respective holders. No transfer or grant of any rights under any names, marks or logos is made or is to be implied by any provision of these Terms of Service or by any other provision contained in the Site, and all rights in such names, marks or logos is reserved by Swiftify and/or respective holders. 

No transfer or grant of any rights or rights is made or is to be implied by any provision of these Terms of Service or by any other provision contained in the Site with respect to the Materials or otherwise. 

Without limiting any of the foregoing, you may not copy reproduce, republish, upload, post, transmit, or otherwise distribute, the Materials or any part thereof. You may download, where specifically permitted, one copy of the Materials on any single computer for your own personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. 

Modification of the Materials or use of the Materials for any other purpose, including without limitations the use of Materials on any other web site or networked computer environment is strictly prohibited, and be deemed a violation of Swiftify copyright and other proprietary (including intellectual property) rights. 

You acknowledge and agree that Swiftify has the right, at any time and for any reason, to redesign or modify the organization, structure, specifications, “look and feel,” navigation, features and other elements of the Site or any part thereof. 
For the avoidance of doubt, these Terms of Service relate solely to the use of the Site. Any services offered by Swiftify, either via the Site or otherwise are offered under specific terms and conditions and you should obtain and review the contract terms before subscribing to such services.

 

 

NO ENDORSEMENT 

 

No reference made in this Site to any specific commercial product, process, or service (or provider of such product, process or service) other than such products, processes, or services of Swiftify, constitute or imply an endorsement or recommendation by Swiftify.

 

 

INDEMNIFICATION

 

You agree to defend, indemnify and hold Swiftify and anyone on its behalf, including but not limited to, all of its shareholders, directors, managers, officers, consultants and employees, harmless against any losses, expenses, costs, claims, damages (including reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to your breach of the terms of these Terms of Service.

 

 

DISCLAIMERS

 

THE MATERIALS AND CONTENT IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SWIFTIFY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. 

SWIFTIFY DOES NOT WARRANT THAT THE MATERIALS AND CONTENT DISPLAYED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE OR THE SERVER(S) THAT MAKES THIS SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

SWIFTIFY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR CONTENT IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE WEB SITE AND/OR ANY OF THE MATERIALS. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

 

LIMITATION OF LIABILITY

 

UNDER NO CIRCUMSTANCES WHATSOEVER WILL SWIFTIFY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS, LOST BUSINESS OPPORTUNITIES, LOST DATA OR OTHER INTANGIBLE), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE WEB SITE, OR RELIANCE ON ANY OF THE MATERIALS OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY SWIFTIFY. 

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. 

SWIFTIFY SHALL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY RESULTING FROM YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITE, OR DOWNLOADING MATERIAL, IMAGES, DATA, TEXT, VIDEO, OR AUDIO FILES, REGARDLESS OF THE CAUSE, WHICH YOU DO AT YOUR OWN RISK.

 

 

GOVERNING LAW AND JURISDICTION

 

These Terms of Service shall be governed by and construed in accordance with the laws of the state of Colorado and the United States of America, where applicable, and submitted to the exclusive jurisdiction of US Courts. 

If any provision of these Terms of Service is determined to be invalid or unenforceable, the provision shall be deemed to be severable from the remainder of these Terms of Service and shall not cause the invalidity or unenforceability of the remainder of these Terms of Service. 

This is the entire agreement between you and Swiftify with regards to the subject matter herein and these Terms of Service shall not be modified except as provided herein. Swiftify may assign this Terms of Service agreement, in whole or in part, in its sole discretion and such assignment shall relieve Swiftify of any further obligation hereunder. 

The waiver by Swiftify of a breach of any provision of these Terms of Service shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind.