SWIFT

Terms of Service

By using the swift.seibert-media.net web site or any service thereof ("service", "SWIFT", "instance" or "SWIFT instance") provided by SWIFT (//SEIBERT/MEDIA GmbH), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

SWIFT reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service shall be subject to the Terms of Service. Continued use of the service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://swift.seibert-media.net/terms

Violation of any of the terms below can result in the termination of your account. While SWIFT prohibits such conduct and content on the service, you understand and agree that SWIFT cannot be responsible for the content posted on the service. You agree to use the service at your own risk.

1. Account Terms

  1. You must be 13 years or older to use this service.
  2. You must be a human. Accounts and trials registered by "bots" or other automated methods are not permitted.
  3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup and ordering process.
  4. You are responsible for maintaining the security of your account and password. SWIFT cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  5. You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account).
  6. One person or legal entity may not maintain more than one trial account once.
  7. You may not use the service for any illegal or unauthorized purpose. You must not, in the use of the service, violate any laws in your jurisdiction and/or the Federal Republic of Germany (including but not limited to copyright or trademark laws).

2. Trial period

You are eligible for 30 days free trial instance without any obligations.

During your trial, you are free to upgrade to a paid plan anytime you wish.

After 30 days, your free trial will be automatically suspended if you do not choose to upgrade to a paid plan. It will remain suspended for a few days, during which you may upgrade to a paid plan which will reactivate your instance. If you do not do so, your instance will be permanently terminated. All of your content will be immediately deleted upon termination. This information cannot be recovered once your instance is terminated.

3. Payment, Refunds, Upgrading and Downgrading Terms

For international customers all paid plans must be ordered through our online form. German customers may order and pay through an invoice.

Ordering a paid plan includes

  1. ordering a commercial or academic license through SWIFT or requesting a free Community license from Atlassian and
  2. a hosting plan.

Community licenses are available for qualified Open Source projects, non-profits and classrooms. Please follow the links to apply for such a license through Atlassian.

The license is billed once and is non-refundable. It is valid for 12 months, during which you are entitled to Atlassian's free Legendary Support as well as all released updates for the software (this does NOT include the actual upgrade process of your instance). After 12 months, you may renew your license in order to continue to be eligible for Atlassian's Support and further updates. This is not mandatory, however, upgrades are only possible with a valid, non-expired license. Upgrades are currently billed with a fee of 100 EUR per hour (net price) and must be requested via email. You will receive an initial estimate on how long the upgrade process is probably going to take and you will only have to pay for the actual time spent on the upgrade.

You are free to upgrade your plan to a higher volume plan anytime you wish. Upgrading to a higher volume plan requires you to order a new commercial or academic license. Downgrades are not possible. Please see our license upgrade fee table for additional costs.

The hosting service is billed in advance on a monthly basis and is non-refundable. There will be no refunds for partial months of service, upgrade refunds, or refunds for months unused. In order to treat everyone equally, no exceptions will be made.

4. Cancellation and Termination

You are solely responsible for properly canceling your instance and/or account. An email request to cancel your account is sufficient.

All of your content will be deleted upon cancellation. This information can not be recovered once your account is cancelled.

If you cancel the service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.

SWIFT, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the service for any reason at any time. Such termination of the service will result in the deactivation or deletion of your account and your instance or your access to your account, and the forfeiture and relinquishment of all content in your instance(s). SWIFT reserves the right to refuse service to anyone for any reason at any time.

5. Modifications to the Service and Prices

SWIFT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice.

Prices of all services, including but not limited to monthly subscription plan fees to the service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the SWIFT website (https://swift.seibert-media.net).

SWIFT shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service.

6. Copyright and Content Ownership

We claim no intellectual property rights over the material you provide to the service. Your profile and materials uploaded remain yours. However, by setting your instance to be viewed publicly, you agree to allow others to view your content.

SWIFT does not screen content, but SWIFT and its designee have the right to refuse or remove any content for legal reasons.

You shall defend SWIFT against any claim, demand, suit or proceeding made or brought against SWIFT by a third party alleging that your content, or your use of the service in violation of this agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify SWIFT for any damages finally awarded against, and for reasonable attorney’s fees incurred by, SWIFT in connection with any such claim, demand, suit or proceeding; provided, that SWIFT (a) promptly gives you written notice of the claim, demand, suit or proceeding; (b) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases SWIFT of all liability); and (c) provides to you all reasonable assistance, at your expense.

The look and feel of the service is copyright © 2013 //SEIBERT/MEDIA GmbH. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from //SEIBERT/MEDIA GmbH.

7. General Conditions

Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis.

You are entitled for Atlassian's free Legendary Support, which is only available in English. Support by SWIFT, which is available in German and English, is not included and must be paid based on time and materials. Our hourly fee is 100 EUR (net price).

You understand that SWIFT uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the service.

You must not modify, adapt or hack the service or modify another website so as to falsely imply that it is associated with the service.

You may use SWIFT subdomains (e.g., yourname.instawiki.com) solely as permitted by SWIFT. You may not use SWIFT subdomains in violation of trademark or other rights or in violation of applicable law. SWIFT reserves the right at all times to reclaim any SWIFT subdomain without liability to you.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service without the express written permission by SWIFT.

We may, but have no obligation to, remove content and accounts containing content that we determine to be illegal, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any SWIFT customer, employee, or member will result in immediate account and instance termination.

You understand that the technical processing and transmission of the service, including your content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.

You must not upload, post, host, or transmit any worms or viruses or any code of a destructive nature.

If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by SWIFT) of other SWIFT customers, we reserve the right to immediately throttle your hosting until you can reduce your bandwidth consumption.

SWIFT does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the service will be corrected (but we try very hard to met your expectations).

You expressly understand and agree that SWIFT shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SWIFT has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

The failure of SWIFT to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and SWIFT and govern your use of the service, superseding any prior agreements between you and SWIFT (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and your use of the Service are governed under German law.