Terms of Service

Dipl.-Ing. Stefan Liebrecht (Owner of Swipeer) and his affiliates ("Swipeer", "we", "us", "our"), provides its services to you through its website located at https://swipeer.ai (the "Site") and its related applications (collectively, such services, including any new features and the App, the "Services"), subject to the following Terms of Service (as amended from time to time). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time.

By using the Services or by clicking to accept the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Services.

I. Service and Modification.

Services Description.

The Service is designed to allow users to manage notes, chats, and AI workflows in a free, simple, fast and delightful way. We also offer paid premium versions of the Service on a subscription or credit-based basis (e.g. 'Pro Plan' or 'Credits'), which makes available additional functionalities and higher limits for AI processing.

Modifications.

Swipeer reserves the right to modify or discontinue, temporarily or permanently, the Service or these Terms of Service with or without notice. We will notify premium users of any material changes that take effect at the next renewal of your subscription term. Your continued use of the Service after changes become effective constitutes your acceptance of the new Terms.

II. Registration.

Your Registration Obligations.

You may be required to register with Swipeer in order to access certain features. You agree to maintain true, accurate, current and complete information about yourself. You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are 18 years of age or older.

Security.

You are responsible for maintaining the confidentiality of your password and account. Swipeer will not be liable for any loss or damage arising from your failure to comply with this obligation.

Marketing Communications.

By creating an account (especially on the Free tier) or subscribing to our Service, you agree to receive marketing communications, product updates, and newsletters from Swipeer. You can opt-out of these communications at any time by following the unsubscribe instructions included in the emails.

III. General Practices Regarding Use and Storage.

Swipeer is a local-first application. While your primary data (knowledge base, notes, weblinks, chat-history etc.) is stored on your device, we may establish general practices and limits concerning the use of our cloud-based features, including maximum storage space for sync or history on our servers. You acknowledge that Swipeer has no responsibility or liability for the deletion or failure to store any data maintained or uploaded by the Service.

IV. User Content.

You are solely responsible for all code, images, data, prompts, or other materials ("User Content") that you upload, post, or use via the Service.

License to User Content.

By using the Service, you grant Swipeer and its service providers (including AI Providers) a non-exclusive, worldwide license (which may include a sub-license to AI Providers) to use and transmit your User Content solely in connection with providing the Service to you. Swipeer does not use your User Content to train its own AI models. Please note that the data usage policies of individual AI Providers (e.g., OpenAI, Anthropic) apply to the content processed by their models; we strive to use privacy-preserving configurations where available.

You agree NOT to upload content that infringes on intellectual property, contains viruses, is unlawful, harmful, or interferes with the Service.

V. Fees.

Payment Plan.

For premium Services, you will be required to select a payment plan. You agree to pay the amount specified in accordance with the terms of such plan. Subscriptions automatically renew unless cancelled.

Merchant of Record.

All orders are processed by our authorized Merchant of Record. By purchasing, you agree to the Merchant of Record's Terms of Service in addition to ours. See privacy policy for more information.

Credits & Rollover.

Swipeer utilizes a credit system for cloud-based AI interactions managed via OpenRouter. Credits are consumed based on the token usage of the selected model. Unused credits from paid plans may roll over for a maximum of 3 months. If you use your own API keys (stored locally), no Swipeer Credits will be deducted. Credits are non-transferable and have no cash value.

Refund Policy.

We offer a 14-day money-back guarantee for all new subscriptions. If you are not satisfied with the Service, you may request a full refund within 14 calendar days of your initial purchase by contacting support@swipeer.ai.

VI. Intellectual Property Rights.

The Service and its original content, software, and trademarks are protected by copyright, patent, trademark, and other laws. You agree not to modify, copy, scrape, or create derivative works based on the Service or the Service Content, except for your own User Content.

The "Swipeer" name and logos are trademarks of Swipeer. Nothing should be construed as granting any license to use our Trademarks without prior written permission.

VII. Data Protection.

For the purposes of this Section, all capitalized terms have the same meaning given to them in Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (the "EU GDPR"). We comply with the EU GDPR and relevant Data Protection Laws. Our processing of Personal Data is described in our Privacy Policy, including details on international transfers (via our gateway provider OpenRouter and applicable downstream provider terms).

To the extent that Swipeer Processes Personal Data as a Processor on your behalf, the parties agree that a Data Processing Addendum (DPA) shall be concluded upon request. You shall only Process Personal Data on documented instructions of Swipeer, and are prohibited from Processing Personal Data for any other purpose, unless you are required to do so by applicable law.

VIII. Generative AI.

Ownership of Input and Generated Output.

Certain features of the Service permit you to provide prompts, scripts, queries or other input (collectively, "Input") to the Service in order to receive artificial intelligence (AI)-generated output generated and returned by providers such as OpenAI, Anthropic, or those accessed via OpenRouter ("AI Providers") based on such Input ("Output"). You will comply with all AI Providers' terms, conditions, guidelines and policies.

As between you and us, you own all Input and Output. Ownership of AI content generated via Swipeer Credits: When using Swipeer Credits to generate content, you retain ownership of the Output, provided your account is in good standing and validly licensed via our Supabase verification system. Swipeer acts solely as a secure facilitator between you and the AI Providers. Use of Personal API Keys: If you configure the Service to use your own API keys, Swipeer has no visibility into or claim over the resulting Input or Output, which remains entirely within your local environment and your agreement with the respective AI Provider.

Similarity of Output.

Due to the automated content generation, Output may not be unique across users and the Service may generate the same or similar output for you, Swipeer or a third party. Other users may also provide similar Input and receive the same or similar Output. Responses that are requested by and generated for other users are not considered your Output. You hereby irrevocably release Swipeer from any liability for copyright or other infringement with respect to the Output.

Accuracy.

Use of the Service may in some situations result in incorrect Output that does not accurately reflect real people, places or facts. You agree to evaluate and be responsible for the accuracy of any Output as appropriate for your use case.

Limitations of AI-Generated Output.

You acknowledge that there are numerous limitations that apply with respect to AI-generated Output, including that (a) it may contain errors, (b) AI systems lack human creativity and can result in repetitive content, (c) AI can struggle with nuances of language, (d) AI does not have emotions or empathy, (e) AI systems can perpetuate biases present in training data, (f) AI systems can struggle with complex tasks requiring judgment, and (g) Output can lack a personal touch.

IX. Indemnity and Liability; Disclaimers.

Indemnity and Release.

To the extent permitted under applicable law, you agree to release, indemnify and hold Swipeer and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.

Disclaimer of Warranties.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SWIPEER EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

SWIPEER MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.

Limitation of Liability.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SWIPEER WILL NOT BE LIABLE FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSSES, OR (B) DIRECT OR INDIRECT LOSS OF PROFITS, LOSS OF GOODWILL, USE OR DATA, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE.

IN NO EVENT WILL SWIPEER'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID SWIPEER IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED "INDEMNITY AND RELEASE", "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITY" ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY.

X. Termination and Cancellation.

If you are a user of a premium Service, you agree that Swipeer, in its sole discretion, may suspend or terminate your account or use of the Service if we believe that you have violated these Terms of Service. If you are a user of the free Service, Swipeer may also, in its sole discretion and at any time, terminate your access to or use of the Service.

Upon termination of your access to the Service, you acknowledge and agree that Swipeer may immediately deactivate or delete your account and all related information and files. You may terminate your subscription at any time via your account settings.

XI. Third Party Websites.

The Service may provide links or other access to other sites and resources on the Internet. Swipeer has no control over such sites and resources and is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Swipeer will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource.

XII. Special Notice for International Use; Export Controls.

Software available in connection with the Service and the transmission of applicable data, if any, is subject to national export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of applicable export control laws. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

XIII. General.

These Terms of Service constitute the entire agreement between you and Swipeer and govern your use of the Service, superseding any prior agreements. The failure of Swipeer to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions remain in full force and effect.

XIV. Governing Law and Jurisdiction.

These Terms or Service (and any non-contractual obligations arising out of or in connection with them) shall be governed by and interpreted in accordance with German law.

If you are a consumer and habitually reside in a Member State of the European Union, the laws of the territory in which you reside will apply to any claim arising out of or relates to these Terms of Service, and you may resolve your claim in any competent court in that territory that has jurisdiction over the claim. Otherwise, you and we submit to the exclusive jurisdiction of the German courts.

Contact Us

If you have any questions about these Terms, please contact us at support@swipeer.ai.