YSwipe Terms of Service (Non-EEA)
Last Updated: TBD
These Terms of Service (“Terms”) apply to users who reside outside the European Economic Area (EEA), Switzerland, and the United Kingdom. If you reside in the EEA, Switzerland, or the UK, separate terms apply.
These Terms form a legally binding agreement between you (“you,” “your,” or “User”) and YSWIPE TECH LTD. (“YSwipe,” “we,” “us,” or “our”).
By accessing, browsing, registering for, or using any part of the YSwipe platform, including our websites, applications, APIs, avatars, video systems, or related services (collectively, the “Services”), you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you do not agree, you must not access or use the Services.
IMPORTANT NOTICE
- These Terms include limitations of liability (Section 11).
- These Terms include a binding arbitration agreement, class action waiver, and jury trial waiver (Section 12).
- By using the Services, you agree that disputes will generally be resolved individually and through arbitration, unless you opt out as described below.
Eligibility and Authority
1.1 Age Requirement
You must be at least 18 years old (or the age of legal majority in your jurisdiction) to use the Services.
1.2 Authority to Bind
If you access or use the Services on behalf of an organization, business, or other legal entity, you represent and warrant that you have full authority to bind that entity to these Terms. In such cases, “you” refers to both you and the entity.
1.3 Responsibility for Users
Organizations are responsible for the actions of their employees, contractors, and representatives who access or use the Services under their account.
Services Overview
YSwipe provides a human-first professional platform that enables structured interviews, video-based representation, AI avatar-assisted conversations, and related hiring and connection tools.
Some features may be designated as beta, experimental, or pilot services, which may change, degrade, or be discontinued at any time and are provided “as-is.”
Accounts and Security
3.1 Account Creation
Certain features require account registration. You agree to provide accurate, complete, and current information and to keep it updated.
3.2 Account Security
You are responsible for maintaining the confidentiality of your login credentials and for all activity occurring under your account.
3.3 Unauthorized Use
You must notify us immediately if you suspect unauthorized access or use of your account.
3.4 Account Termination
If your account is terminated, any unused credits, subscriptions, or access rights may be forfeited without refund.
Content, Avatars, Inputs, and Outputs
4.1 Definitions
- Input: Any content you submit, upload, record, or transmit (including video, audio, text, likeness, or prompts).
- Output: Any content generated or returned by the Services based on your Input.
- Content: Input and Output collectively.
4.2 Ownership of Input
As between you and YSwipe, you retain ownership of your Input, subject to the licenses granted below.
4.3 Ownership of Output
As between you and YSwipe, you retain ownership of Output generated for you, excluding YSwipe’s underlying models, systems, software, and platform components.
4.4 License to YSwipe
You grant YSwipe a perpetual, worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, adapt, analyze, and process your Input and Output solely for:
- Providing and operating the Services
- Improving and securing the platform
- Developing new features and products
- Compliance with legal obligations
YSwipe does not sell your likeness, voice, or identity as a standalone commercial product without your explicit permission.
4.5 Avatar and Representation Systems
Avatars operate as interfaces and facilitators, not decision-makers. You acknowledge that avatars may guide interviews, structure conversations, and surface information, but humans remain responsible for decisions.
4.6 Accuracy and Rights
You represent and warrant that you have all rights necessary to submit your Content and that it does not infringe or violate any third-party rights.
4.7 Prohibited Data
You may not submit protected health information (PHI), biometric identifiers prohibited by law, or other restricted data unless expressly authorized in writing.
Intellectual Property
5.1 YSwipe Property
The Services, including software, interfaces, workflows, designs, models, trademarks, and branding, are owned by YSwipe or its licensors and are protected by intellectual property laws.
5.2 Limited License
Subject to these Terms, YSwipe grants you a limited, revocable, non-transferable license to access and use the Services solely for their intended purpose.
5.3 Feedback
Any feedback you provide may be used by YSwipe without restriction or compensation.
Subscriptions, Payments, and Billing
6.1 Subscriptions
Certain Services require paid subscriptions, which renew automatically unless canceled before the renewal date.
6.2 No Refunds
Fees are non-refundable, except where required by law or explicitly stated.
6.3 Pricing Changes
We may change pricing with reasonable notice. Continued use constitutes acceptance.
6.4 Taxes
You are responsible for applicable taxes, duties, and assessments.
Acceptable Use
You agree not to:
- Misuse avatars or impersonate others
- Violate employment, discrimination, or privacy laws
- Scrape, reverse engineer, or exploit the platform
- Use the Services for unlawful, deceptive, or harmful purposes
We may suspend or terminate access for violations.
Third-Party Services
The Services may integrate with third-party platforms. YSwipe is not responsible for third-party services, content, or failures.
Indemnification
You agree to indemnify and hold harmless YSwipe from claims arising from:
- Your use of the Services
- Your Content
- Your violation of these Terms or applicable law
Disclaimers
The Services are provided “AS IS” and “AS AVAILABLE.”
We disclaim all warranties, including merchantability, fitness for a particular purpose, and non-infringement.
AI-generated Output may be inaccurate, non-unique, or incomplete.
Limitation of Liability
To the maximum extent permitted by law:
- YSwipe is not liable for indirect, incidental, or consequential damages
- Total liability is limited to the greater of $100 USD or amounts paid by you in the prior 12 months.
Dispute Resolution and Arbitration
12.1 Binding Arbitration
Most disputes must be resolved through final and binding arbitration, on an individual basis only.
12.2 Class Action Waiver
You waive the right to participate in class or representative actions.
12.3 Opt-Out
You may opt out of arbitration within 30 days of first accepting these Terms by written notice.
12.4 Governing Law
These Terms are governed by the laws of [Insert Jurisdiction – e.g., New York or Ontario], without regard to conflict-of-law rules.
Termination
We may suspend or terminate access at any time for any reason, including compliance, security, or business necessity.
Modifications
We may modify these Terms at any time. Continued use after changes constitutes acceptance.
Export Controls
You agree to comply with applicable export and sanctions laws.
Miscellaneous
- These Terms constitute the entire agreement
- Severability applies
- No waiver by inaction
- Electronic communications permitted
Contact Information
YSWIPE TECH LTD.
