SmartSwipe Terms and Conditions

[Last modified: November 26, 2024]

These Terms and Conditions (“Terms”) governs your use of the SmartSwipe application (“App”) and is made between Big Star Labs LP (“Company”, “us”, “we” and “our”), the operator of the App and you, a user of the App (“user,” “you” or “your”).

Introduction

By accessing or using our App, you hereby agree to abide by these Terms. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, PLEASE DO NOT ACCESS OR USE THE APP OR THE SERVICES (AS DEFINED BELOW).

We reserve the right, at our discretion, to revise or update these Terms at any time. Any material change will be effective five (5) days following the posting of the revised terms on our website or by sending a notification through the App. The last revision will be reflected in the “Last Modified” heading. Your continued use of the App thereafter means you consent to such changes and you agree to be bound by them. Please make sure to review these Terms and the Privacy Policy periodically for any changes that we may make.

You represent and warrant that you are at least 13 years of age and of legal competence to enter into these Terms. If you are under 18, please be sure to read this policy with your parents or legal guardians and ask questions about things you do not understand.

Scope of Services

The App provides you with the ability to increase your productivity by creating and performing certain gestures and shortcuts that: (i) trigger specific system actions; (ii) use certain applications; (iii) visit websites of your choosing;and (iv) easily reach the websites that you visit the most (“Service(s)”). 

License and User Restrictions

Subject to the terms and conditions of these Terms, we hereby grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license (“License“) to download, install and use the App and Service on your personal device that you own or control. We reserve all right, title and interest not expressly granted herein under this License to the fullest extent possible under applicable laws. You may not sublicense, assign, or transfer the License granted to you under these Terms, and any attempt to sublicense, assign, or transfer any part of your rights under these Terms is void.

You may not attempt to access the Service or App by any automated means, including scraping, crawling, data-mining, or using any robot, spider, or other automatic device to send queries to the Service or App.  You agree not to disrupt, disable, overburden, damage, modify or interfere with the Service, the App or otherwise impair or degrade its performance in any way. You agree not to impede or interfere with others’ use of the Service or the App. You further agree not to alter or tamper with any information or materials on or associated with the Service or the App.

You agree that you or any third party on your behalf shall not: (i) sublicense, redistribute, sell, lease, lend or rent the App; (ii) make the App available over a network where it could be used by multiple devices owned or operated by different people at the same time; (iii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of the App; (iv) copy (except for back-up purposes), modify, improve, or create derivative works of the App or any part thereof; (v) circumvent, disable or otherwise interfere with security-related features of the App or features that prevent or restrict use or copying of any content or that enforce limitations on use of the App; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the App; (vii) use the communications systems provided by the App to send unauthorized or unsolicited commercial communications; (viii) use our name, logo or trademarks without our prior written consent; or (ix) use the App to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches these Terms. ANY USE OF THE SERVICES OR APP NOT SPECIFICALLY PERMITTED UNDER THESE TERMS ARE STRICTLY PROHIBITED AND MAY RESULT, AT COMPANY’S SOLE DISCRETION, IN THE SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE SERVICE.

Stores Terms 

You acknowledge and agree that the availability of the App is dependent on the third party from which you have downloaded or installed the App from, such as the chrome web store, google play, the galaxy store or other application or extension stores (“App Store”). You also agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable agreements, terms of use or terms of service, and other policies of the applicable App Store.

Intellectual Property

All trademarks, service marks, product names, and trade names of the Company appearing on or through the Service or the App are exclusively owned by the Company. All other trademarks, service marks, product names, copyrights and logos appearing on or through the Service or App are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on or through the Service without the owner’s prior written consent. The Company is the exclusive owner of the App and any software component or technology incorporated therein. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. All content included in the App and the Service is the property of the Company or its respective licensors or content suppliers and is protected by United States and international copyright laws.

Privacy 

The Company will process your information that you provide during the login process and when you use the App and Service in accordance with its Privacy Policy. Please be advised that we may use your contact information that you provide during the login process in order to send you marketing messages as well as messages with respect to our Service. 

Disclaimer of Warranties

You expressly agree that your use of, or inability to use, the Service or the App is at your sole risk. The Service, App and the information and materials therein are provided on an “AS IS” and “AS AVAILABLE” basis.  The Company does not provide any user assurance or warrant the accuracy, comprehensibility, reliability, correctness or completeness of the Service or App, whether to you or to any other party. Where permitted by law, the Company and its partners or service providers specifically disclaim any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, title, non-infringement or fitness for any particular purpose. The Company does not provide any warranty, representation or user assurance that your use of the Service, the App, or any results you (or any other person or entity) may obtain from the use of the App or Service, shall be uninterrupted, timely, without delays, secure or error-free, or that any defects shall be corrected, or that the App or Service will meet any third party’s expectations.

Limitation on Liabilities

To the fullest extent permitted by law, in no event shall the Company be liable for special, incidental, consequential, direct, indirect, exemplary, punitive or tort damages, including, but not limited to, damages resulting from loss of use, loss of data, loss of profits, loss of business, or diminution of value arising out of, in connection with, related to or arising in any manner out of the use of, or the inability to use, or any decision or action taken in reliance upon, the Service or App, and whether based in tort, contract, negligence, strict liability or otherwise, even if we are or have been expressly advised of the possibility of such damages. If you become dissatisfied in any way with the App or Service, your sole and exclusive remedy is to stop your use of the Service or disable the App. You hereby waive any and all claims against the Company, and its affiliates, agents, representatives and licensors arising out of your use of the Service or App. If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of the Company and its affiliates shall not exceed the lesser of the cost of the Service or the App.

Indemnification

You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your access to or use of the Service or the App or to any matter governed by these Terms. The user is solely responsible for his or her actions when using the Service or App.

Termination and Service Interruptions

At any time, you may stop using the App or related Services by uninstalling or disabling (a) the Extension through your browser’s settings; or (b) Mobile App from your device. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the App or Service; or (ii) terminate these Terms and your use of the App or Service with or without cause, and shall not be liable to you or any third party for any of the foregoing. The Company does not assume any responsibility with respect to, or in connection with, the termination of the App or Service or these Terms.

You acknowledge that: (i) your access to and use of the App or Service may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the App or Service for any reason, including as a result of power outages, system failures or other interruptions; and (ii) we shall be entitled, without any liability to you, to suspend access to any portion or all of the App or Service at any time (a) for scheduled downtime to permit us to conduct maintenance or make modifications to the App or Service; or (b) in the event that we determine that the App or the Service are prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, “Services Interruptions“).

The availability and functionality of the App and Service depends on various factors, including software, hardware and communication networks that are provided by third parties. These factors are not fault-free. The Company does not warrant that the App or Service will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times or be immune from errors or unauthorized access. We reserve the right to add additional features to the App and Service or to provide updates, upgrades or programming fixes; we have no obligation to make available to you any subsequent versions of the App or Service.

Governing Law

Except for disputes relating to the Company’s intellectual property (such as any patents (registered or pending), copyrights, trade secrets, designs or trademarks) (“Excluded Disputes“), you agree that all disputes between you and the Company (whether or not such dispute involves a third party) with regard to your relationship with the Company, including without limitation disputes related to these Terms or rights of privacy or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you and the Company hereby expressly waive trial by jury. You may bring claims only on your own behalf. Neither you nor the Company will participate in a class action or class-wide arbitration for any claims covered by these Terms. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s claim, if the Company is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Notwithstanding any other provision under applicable law, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms. You must include your name and residence address, and a clear statement that you want to opt out of this arbitration agreement. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with the Company. For any action at law or in equity relating to the arbitration provision of these Terms and the Excluded Disputes, or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with the Company exclusively in a state or federal court located in New York County, New York, and to submit to the personal jurisdiction of the courts located in New York County for the purpose of litigating all such disputes. Any cause of action you might have relating to the Service is limited in time to one (1) year from the arising incident, and will be permanently barred afterwards. Failure of the Company to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches.

Amendments

The Company reserves the right, with or without notice to you, to amend, modify, update or make changes to these Terms in its sole discretion. Continued use or access to the Service or App, or any part thereof, constitutes your acceptance of such changes. The date of the last amendments shall be reflected in the “Last Modified” heading.

Entire Agreement, Severability, Agency, Assignment and Headers

these Terms constitute the entire agreement between you and the Company, and supersedes any prior agreement. If any part of these Terms is found void and unenforceable, it will not affect the validity of the balance of these Terms, which shall remain valid and enforceable according to its terms. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. You may not assign or otherwise transfer by operation of law or otherwise these Terms or any right or obligation herein. The Company expressly reserves its right to assign or transfer these Terms and to delegate any of its obligations hereunder at its sole discretion. Headings are for reference purposes only and do not limit the scope or extent of the relevant section. The Company’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Updates and Upgrades

In order to enhance and further develop the App and Service we may automatically download and install updates and upgrades from time to time. These updates and upgrades are designed solely to improve the App or Service, provide enhanced functionalities, and/or embed new modules and versions which will not affect your device in any way. You hereby agree to receive such updates and upgrades as part of your use of the App or Service. In the event we believe that such updates or upgrades shall materially affect your use of the Service or App, we will make best efforts to notify you. 

Contacting Us

If you have any questions about these terms, or wish to report violators of these Terms, contact support@crxmouse.com.