Terms of Service

Last Updated: January 7, 2025

1. Acceptance of Terms

By downloading, installing, or using the Swipply mobile application ("App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

These Terms apply to all users of Swipply, including both free and Pro subscription users.

2. Description of Service

Swipply is a job search and application platform that:

• Connects job seekers with employment opportunities
• Provides a streamlined, swipe-based interface for job applications
• Offers personalized job matching using AI algorithms
• Facilitates direct applications to employer partners
• Provides milestone tracking and rewards for active users

3. User Accounts

3.1 Account Creation

• You must be at least 18 years old to create an account
• You must provide accurate and complete information
• You are responsible for maintaining account security
• One account per person is permitted

3.2 Account Responsibilities

• Keep your login credentials secure
• Notify us immediately of unauthorized access
• Update your information to keep it current
• You are liable for all activities under your account

4. User Conduct and Prohibited Activities

4.1 Acceptable Use

You agree to use Swipply only for lawful job search purposes and in accordance with these Terms.

4.2 Prohibited Activities

You may not:

• False Information: Provide false, misleading, or fraudulent information
• Multiple Accounts: Create multiple accounts or impersonate others
• Automated Use: Use bots, scripts, or automated tools
• System Interference: Attempt to hack, disable, or overload our systems
• Content Scraping: Extract, copy, or redistribute our content
• Spam/Abuse: Send unsolicited messages or abuse other users
• Illegal Activity: Use the platform for any illegal purposes
• Commercial Misuse: Use for recruiting without authorization

5. Job Applications and Employer Interactions

5.1 Application Process

• Swiping right submits your application to the employer
• Applications are sent using your profile information
• You authorize us to submit applications on your behalf
• Application submission is final and cannot be undone

5.2 Employer Relationships

• Swipply facilitates introductions but does not guarantee employment
• Employment decisions are made solely by employers
• We are not responsible for employer conduct or hiring practices
• Direct communication with employers is outside our control

5.3 Job Listings Accuracy

• We strive to provide accurate job information
• Job details may change after posting
• We are not responsible for outdated or inaccurate listings
• Verify job details directly with employers

6. Subscription Services and Payments

6.1 Pro Subscription

Pro subscription includes:

• Unlimited daily swipes
• AutoPilot smart job matching
• Advanced filtering options
• Priority customer support
• Enhanced profile visibility

6.2 Billing and Payments

• Payment Methods: M-Pesa (Kenya) and Stripe (International)
• Auto-Renewal: Subscriptions renew automatically unless canceled
• Price Changes: We may modify subscription prices with 30-day notice
• Taxes: You are responsible for applicable taxes

6.3 Cancellation and Refunds

• Cancel anytime through app settings or customer support
• Cancellation takes effect at the end of the current billing period
• No refunds for partial subscription periods
• Continued access to Pro features until subscription expires

7. Intellectual Property

7.1 Our Content

• Swipply app, algorithms, and content are our intellectual property
• You may not copy, modify, or redistribute our content
• Trademarks and logos are protected and may not be used
• We grant you a limited license to use the app for personal purposes

7.2 Your Content

• You retain ownership of your profile information and resume
• You grant us license to use your content for platform operations
• You represent that you have rights to all content you provide
• You are responsible for ensuring content accuracy and legality

8. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Key Privacy Points:

• We collect information necessary to provide our services
• Your data is shared with employers when you apply for jobs
• We implement security measures to protect your information
• You have rights regarding your personal data

9. Disclaimers and Limitations

9.1 Service Availability

• Swipply is provided "as is" without warranties
• We do not guarantee continuous or error-free operation
• Maintenance and updates may cause temporary interruptions
• Internet connectivity is required for full functionality

9.2 Employment Outcomes

Important Disclaimer: Swipply is a platform that facilitates job applications but does not guarantee employment, interviews, or job offers. Employment outcomes depend on many factors beyond our control.

9.3 Third-Party Content

• Job listings come from third-party employers
• We are not responsible for accuracy of employer-provided information
• External links may lead to third-party websites outside our control
• Third-party services have their own terms and policies

10. Limitation of Liability

To the maximum extent permitted by law:

• Our liability is limited to the amount you paid for our services
• We are not liable for indirect, incidental, or consequential damages
• We are not responsible for lost opportunities, income, or employment
• These limitations apply even if we have been advised of possible damages

11. Indemnification

You agree to indemnify and hold harmless EightBit Technologies from any claims, damages, or expenses arising from:

• Your use of the Swipply platform
• Your violation of these Terms
• Your violation of any third-party rights
• Information you provide to employers or other users

12. Termination

12.1 Termination by You

• You may delete your account at any time
• Termination does not cancel active subscriptions immediately
• Your data will be handled according to our Privacy Policy

12.2 Termination by Us

We may suspend or terminate your account if you:

• Violate these Terms of Service
• Engage in fraudulent or illegal activity
• Abuse the platform or other users
• Fail to pay subscription fees

12.3 Effect of Termination

• Your access to the platform will be revoked
• Your data may be deleted according to our retention policies
• Outstanding obligations survive termination

13. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes:

• We will notify you through the app or email
• Material changes will be effective 30 days after notice
• Continued use constitutes acceptance of modified Terms
• You may terminate your account if you disagree with changes

14. Governing Law and Disputes

14.1 Governing Law

These Terms are governed by the laws of Kenya, without regard to conflict of law principles.

14.2 Dispute Resolution

• Informal Resolution: Contact us first to resolve disputes informally
• Arbitration: Unresolved disputes will be settled by binding arbitration
• Class Action Waiver: You agree not to participate in class action lawsuits
• Jurisdiction: Courts of Nairobi, Kenya have exclusive jurisdiction

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the complete agreement between you and EightBit Technologies.

15.2 Severability

If any provision of these Terms is found invalid, the remaining provisions will continue in full force.

15.3 Assignment

We may assign these Terms to any affiliate or successor, but you may not assign your rights without our consent.

15.4 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control.

16. Contact Information

For Legal Matters:

• Terms of Service questions
• Intellectual property concerns
• Legal compliance issues
• Dispute notifications

Thank you for using Swipply! We're committed to providing a fair, transparent, and effective job search platform while protecting the interests of all our users.