Terms of Use

 

Hello. Welcome to Swyvl.io, a website and online service of Lateral Vision Pty Ltd (“Lateral Vision”, “Swyvl”, “we” or “us”).

This page explains the Terms of Use (“Terms”) by which you may use our Swyvl platform (the “Service”). By using the Service, you agree that these terms will become a legally binding agreement between you and Lateral Vision.

Overview

Swyvl is a platform to build, share and control 3D spaces. When you use the Service, you have the option to upload your own content (“User Content”) which you have full control and responsibility over. You can use your User Content and tools available in Swyvl to create Swyvl Projects (“Projects”).

You may only use the Service if you can form a binding contract with Swyvl and are legally permitted to do so. By using the Service, you represent and warrant that you have the full right, power and authority to agree to and be bound by these Terms and to fully perform all of your obligations hereunder.

Use of Our Service

Eligibility

You may only use the Service if you can form a binding contract with Swyvl and are legally permitted to do so. Use of and registration for the Service is void where prohibited. By using the Service, you represent and warrant that (a) you are 13 years of age or older; and (b) your use of the Service does not violate any applicable law or regulation.

License to use Swyvl

Subject to your compliance with these Terms, you are granted a non-exclusive, limited, non-transferable, freely revocable license to access and use the Service for business or personal use. Swyvl reserves all rights not expressly granted under these Terms. Each person must have a unique account and you are responsible for any activity conducted on your account.

Acceptable Use Policy

Your use of the Service, your User Content, and your Projects, must comply with Swyvl’s Acceptable Use Policy.

Restrictions on Use of the Service

You shall not yourself or through any third party (i) rent, lease, sell, distribute, offer in a service bureau, sublicense, or otherwise make available the Service to any third party (except as permitted under these Terms); (ii) copy, replicate, decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the Service, or any part thereof; (iii) access the Service for purposes of performance benchmarking; (iv) access the Service for purposes of building or marketing a competitive product; or (v) use the Service to store or transmit a virus or malicious code.

Additional Terms

Swyvl utilises existing and open source technologies and software (“Open Source Software”) to improve the performance and functionality of the Service. The Open Source Software used may have additional terms of use and privacy policies that you should be aware of.

The Open Source Software used by Swyvl is listed below.

  • ARCore (Android Augmented Reality)
  • ARKit (iOS Augmented Reality)
  • WebGL (low-level 3D graphics API)
  • WebXR (Device Augmented Reality API)
  • CesiumJS (3D geospatial visualization for the web)

By using the Service, you agree that you are aware of and have read and agree to any additional terms from these Open Source Software providers.

Content and Projects

User Content

You represent and warrant that you own all rights, title, and interest in and to your User Content or that you have otherwise secured all necessary rights in your User Content as may be necessary to permit the access, use and distribution thereof as contemplated by these Terms. As between you and Swyvl, you own all right, title and interest in and to your User Content. You grant Swyvl, a royalty-free license to display, host, copy and use your User Content solely to the extent necessary to provide the Service to you.

Your Projects

Your Projects are built with User Content and Swyvl tools. You grant Swyvl, a royalty-free licence to display, host, copy and use your Projects solely to the extent necessary to provide the Service to you.

Published Projects

Your Projects will be automatically published using a viewer.swyvl.io URL. Free Swyvl users may publish one (1) Project. If you are on a paid subscription, you can publish unlimited Projects. Enterprise users can access custom sub-domains to publish Projects.

Billing

Swyvl offers a free and paid Service. Pricing may vary by location and will be based on the billing information you provide us at the time of purchase.

Subscriptions, Renewals and Cancellations

If you are subscribing to a paid Service, your subscription will automatically renew on a monthly basis as applicable. You can cancel your subscription at any time. If you cancel your subscription, you will not receive a refund or credit for any amounts that have already been billed.

Changes to Pricing

Swyvl reserves the right to change its prices at any time. If you are on a subscription plan, changes to pricing will not apply until your next renewal or thirty (30) days after notice, whichever is later.

Indemnity

You agree to indemnify and hold Swyvl, its subsidiaries and affiliates, and their respective directors, officers, agents, sponsors, partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

Limitation of Liability

IN NO EVENT SHALL SWYVL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING FROM YOUR USE OF THE SERVICES, EVEN IF SWYVL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SWYVL’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SWYVL FOR THE SERVICES DURING THE TERM OF YOUR USE OF THE SERVICES.

Term and Termination

Term

These Terms shall take effect the first time you access the Service and shall continue in full force and effect until i) if you are a paid subscriber, the expiration or termination of your subscription; or ii) if you are using Swyvl’s free offering, when your account is deleted or terminated.

Violations

If Swyvl, in its sole discretion, determines that you or your use of the Service, your User Content, or your Projects violate these Terms, including but not limited to, Swyvl’s Acceptable Use Policy, (a “Violation”) Swyvl may take one or more of the following actions: (i) delete the prohibited User Content or Projects; (ii) suspend your access to the Service; (iii) terminate and delete your account along with all User Content and Projects associated with that account; (iv) permanently ban you from using the Service; and/or (v) disclose prohibited User Content or Projects to appropriate government authorities.

Effect of Termination

In the event of termination of your subscription for cause due to default by Canva, Canva shall refund, on a prorated basis, any prepaid fees for the Service for the period beginning on the effective date of termination through the end of your then-current subscription. In the event of a termination of your subscription to a violation by you, you will not receive any refund and shall immediately pay any outstanding fees for the remaining period of your subscription.

Upon any expiration or termination of your Subscription, you must cease using the Service. You will lose access to your Projects, User Content and any other information uploaded to the Service after expiration or termination of your Subscription.

If your account has been terminated due to a Violation, you may not create a new account on any Swyvl Service unless you receive Swyvl’s written permission.

Miscellaneous

Waiver

The failure of Swyvl to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

Section Titles

The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Waiver

This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Disputes

If there is any dispute about or involving the Lateral Vision Services, you agree that the dispute shall be governed by the laws of South Australia.

Changes to these Terms

Swyvl may modify these Terms (and any policies referenced in these Terms) at any time. The most current version of these Terms will be posted on Swyvl.io. We will provide you with reasonable advance notice of any change to the Terms that, in our sole determination, materially adversely affect your rights or your use of the Service. We may provide you this notice via the Service and/or my email to the email address associated with your account. By continuing to use the Service after any revised Terms become effective, you agree to be bound by the new Terms.

Changes to the Service

Swyvl may add, change or remove features or functionality to the Service; modify or introduce limitations to storage or other features; or discontinue the Service altogether at any time. If you are on a paid subscription and Swyvl discontinues the Service you are using during your subscription, Swyvl will migrate or make available to you a substantially similar service provided by Swyvl (if available) and if it’s unable to do so, Swyvl will provide you a pro-rata refund of fees prepaid for the remaining period of your subscription.

Entire Agreement

These Terms and the terms and policies referenced herein constitute the entire agreement between you and Canva with respect to the Service.