These Terms of Service ("Terms") govern your use of the Swyvl platform operated by Lateral Vision Pty Ltd (ABN 71 624 831 223) trading as Swyvl ("Swyvl", "we", "us", "our"), including the websites at swyvl.io, hub.swyvl.io, and docs.swyvl.io, and all related services, features, and content (collectively, the "Service").

By creating an account or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.

1. Definitions

"Account" means your registered Swyvl account, including your organisation and associated workspaces.
"User Content" means any files, data, text, images, or other materials you upload to or create within the Service.
"Share Link" means a URL generated by Swyvl that allows third parties to view selected User Content.
"Client" means a third party who accesses User Content through a Share Link.

2. Account terms

To use the Service, you must:

Be at least 18 years of age
Provide accurate and complete registration information
Maintain the security of your account credentials
Notify us promptly if you suspect unauthorised access to your account

You are responsible for all activity that occurs under your account. We reserve the right to suspend or terminate accounts that violate these Terms.

Each account is associated with an organisation. The account owner is responsible for managing team members and their access levels.

3. Service description

Swyvl is a spatial data delivery platform. The Service allows you to:

Upload, organise, and store spatial files (point clouds, imagery, 3D models, PDFs, and other supported file formats)
View files in browser-based viewers
Create share links to deliver files to clients
Manage sites, collections, and team members
Track activity and maintain audit logs

We may modify, update, or discontinue features of the Service at any time. We will provide reasonable notice of material changes.

4. Data ownership

You own your data. Swyvl does not claim any ownership rights over your User Content. By uploading content to the Service, you grant us a limited licence to store, process, display, and transmit your content solely for the purpose of operating the Service — including generating thumbnails, extracting metadata, and serving files through share links.

This licence is non-exclusive and worldwide. It terminates when your content is permanently deleted from our systems, in accordance with the retention periods set out in our Privacy Policy.

We do not access, use, or share your User Content for any purpose other than providing the Service, unless required by law.

5. Acceptable use

You agree not to use the Service to:

Upload or distribute content that is unlawful, harmful, threatening, defamatory, or otherwise objectionable
Infringe on any third party's intellectual property rights, privacy, or other rights
Upload malware, viruses, or any other harmful code
Attempt to gain unauthorised access to the Service, other accounts, or related systems
Interfere with or disrupt the integrity or performance of the Service
Use the Service for any illegal purpose or in violation of any applicable law
Violate any applicable export control laws, sanctions, or trade restrictions
Resell, sublicence, or redistribute the Service without our written consent
Scrape, crawl, or use automated means to extract data from the Service

We reserve the right to remove content and suspend accounts that violate these Terms, with or without notice.

6. Payment terms

Swyvl offers free and paid plans. If you subscribe to a paid plan:

You agree to pay the applicable fees as displayed at the time of subscription
Fees are billed in advance on a monthly or annual basis
Payments are processed by Paddle, which acts as the Merchant of Record for transactions on the Swyvl platform. Paddle is the seller of record, handles billing, and is responsible for collecting and remitting applicable taxes (including GST, VAT, and sales tax) in jurisdictions where required
Fees are quoted in US Dollars (USD) by default. In some jurisdictions (including the European Union, United States, New Zealand, and Australia), Paddle may present prices and process payment in local currency at checkout
Failed payments may result in downgrade or suspension of your account

Storage overage. Each plan includes a storage allocation. You may enable or disable storage overage in your account settings. If overage is enabled and you exceed your included storage, you will be charged for the additional storage used at the applicable overage rate. If overage is disabled and you reach your storage limit, you will not be able to upload additional files until you upgrade your plan or remove existing files.

We may change pricing with at least 30 days' notice for monthly plans and at least 60 days' notice for annual plans. Price changes will take effect at the start of your next billing cycle.

Refunds

We generally do not offer refunds for partial billing periods. If you believe you are entitled to a refund due to a service issue, please contact us at support@swyvl.io. Refund processing is handled by Paddle as the Merchant of Record.

7. Storage and data regions

Your files are stored in the data region you select at account creation. Available regions include Australia, United States (East and West), United Kingdom, Europe, Canada, Japan, and Singapore. Your data region is set at account creation and cannot be changed. This ensures your spatial data remains in your chosen jurisdiction for the lifetime of your account.

Storage limits are determined by your plan. See Section 6 for details on storage overage.

When you create a share link, you are responsible for the content shared and the recipients who access it. Share links may be accessed by anyone who has the URL unless you have configured access restrictions.

Share link recipients are not parties to these Terms and have no direct contractual relationship with Swyvl through their use of a share link. We may apply rate limits or abuse protections to share links to maintain platform integrity.

We are not responsible for how your clients use the content they access through share links. You should ensure you have the necessary rights and permissions to share any content you make available.

9. Intellectual property

The Service, including its design, code, branding, documentation, and all related intellectual property, is owned by Lateral Vision Pty Ltd and is protected by Australian and international copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of the Service, or reverse-engineer or attempt to extract the source code, except as permitted by law.

The Swyvl name, logo, and all related marks are trademarks of Lateral Vision Pty Ltd. You may not use them without our prior written consent.

10. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Service, you consent to the practices described in the Privacy Policy.

11. Service availability

We strive to keep the Service available at all times, but we do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

Except as required by Australian Consumer Law or other mandatory provisions of law, we are not liable for any loss or damage resulting from Service downtime or interruptions.

12. Limitation of liability

To the maximum extent permitted by law:

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied
We disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement
Swyvl's total liability to you for any claim arising from or related to the Service is limited to the amount you paid us in the 12 months preceding the claim
We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable Australian Consumer Law or other mandatory provisions of law.

13. Australian Consumer Law

If you are a "consumer" under the Australian Consumer Law, you have rights and remedies that cannot be excluded, restricted, or modified. Nothing in these Terms is intended to exclude, restrict, or modify those consumer guarantees. To the extent any provision of these Terms is inconsistent with the Australian Consumer Law, the Australian Consumer Law prevails.

14. Indemnification

You agree to indemnify and hold harmless Swyvl, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

Your use of the Service
Your violation of these Terms
Your User Content, including any claims that it infringes third-party rights
Your violation of any applicable law or regulation

15. Termination

You may close your account at any time through the platform settings or by contacting us at support@swyvl.io.

We may suspend or terminate your account if:

You violate these Terms
Your account is used for illegal activity
Your payment is overdue for more than 30 days
We are required to do so by law

Cancellation by you (paid plans)

If you cancel a paid subscription, you may continue to use the Service until the end of your current billing period. At the end of that period, your account will enter the export period described below.

Free account inactivity

If you are on a free plan and your account has had no activity for 12 consecutive months, we may terminate your account. We will provide at least 30 days' notice by email to your registered address before doing so, giving you the opportunity to log in and maintain your account. If you do not log in during the notice period, your account will enter the export period described below.

Export period

After the end of your billing period (for paid plans) or after the notice period (for free accounts), your account will remain accessible in a read-only state for 30 days. During this period, you may log in and download your files, but you will not be able to upload new files, and your share links will be deactivated. After the 30-day export period, your data will be permanently deleted in accordance with our Privacy Policy.

Termination for cause

If we terminate your account due to a violation of these Terms or illegal activity, we may suspend access immediately without an export period. In serious cases (including but not limited to distribution of illegal content, malware, or material that creates a risk of harm), we may delete your data immediately. Where circumstances permit, we will make reasonable efforts to provide an export period, but we are not obligated to do so.

16. Beta features

From time to time, we may make new features available on a beta, preview, or experimental basis ("Beta Features"). Beta Features are provided "as is" without warranty of any kind, may be modified or discontinued at any time without notice, are not covered by any service level commitments, and may not be subject to the same security, performance, or availability standards as the rest of the Service. By using a Beta Feature, you acknowledge these limitations.

17. Changes to these Terms

We may update these Terms from time to time. We will notify you of material changes by email or by posting a notice on the platform at least 30 days before the changes take effect.

Material changes include (but are not limited to) changes to fees, data handling practices, termination rights, or limitations of liability.

Your continued use of the Service after the changes take effect constitutes your acceptance of the updated Terms. If you do not agree, you should stop using the Service and close your account.

18. Governing law

These Terms are governed by and construed in accordance with the laws of South Australia, Australia. Any disputes arising from or relating to these Terms or the Service will be subject to the exclusive jurisdiction of the courts of South Australia, Australia.

19. General provisions

Entire agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Swyvl regarding the Service.
Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
Force majeure: We are not liable for any failure to perform due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, strikes, power outages, or internet service failures.

20. Contact us

If you have questions about these Terms, contact us at:

Email: support@swyvl.io
Company: Lateral Vision Pty Ltd (ABN 71 624 831 223)
Location: Australia

Terms of Service