Terms & Conditions
These terms and conditions apply to the Swipester app (hereby referred to as "Application") for mobile devices that was created by GXD Labs (hereby referred to as "Service Provider") as a Freemium service.
Upon downloading or utilizing the Application, you are automatically agreeing to the following terms. It is strongly advised that you thoroughly read and understand these terms prior to using the Application.
Unauthorized copying, modification of the Application, any part of the Application, or our trademarks is strictly prohibited. Any attempts to extract the source code of the Application, translate the Application into other languages, or create derivative versions are not permitted. All trademarks, copyrights, database rights, and other intellectual property rights related to the Application remain the property of the Service Provider.
The Service Provider is dedicated to ensuring that the Application is as beneficial and efficient as possible. As such, they reserve the right to modify the Application or charge for their services at any time and for any reason. The Service Provider assures you that any charges for the Application or its services will be clearly communicated to you.
The Application stores and processes personal data that you have provided to the Service Provider in order to provide the Service. It is your responsibility to maintain the security of your phone and access to the Application. The Service Provider strongly advise against jailbreaking or rooting your phone, which involves removing software restrictions and limitations imposed by the official operating system of your device. Such actions could expose your phone to malware, viruses, malicious programs, compromise your phone's security features, and may result in the Application not functioning correctly or at all.
Please note that the Application utilizes third-party services that have their own Terms and Conditions. Below are the links to the Terms and Conditions of the third-party service providers used by the Application:
Please be aware that the Service Provider does not assume responsibility for certain aspects. Some functions of the Application require an active internet connection, which can be Wi-Fi or provided by your mobile network provider. The Service Provider cannot be held responsible if the Application does not function at full capacity due to lack of access to Wi-Fi or if you have exhausted your data allowance.
If you are using the application outside of a Wi-Fi area, please be aware that your mobile network provider's agreement terms still apply. Consequently, you may incur charges from your mobile provider for data usage during the connection to the application, or other third-party charges. By using the application, you accept responsibility for any such charges, including roaming data charges if you use the application outside of your home territory (i.e., region or country) without disabling data roaming. If you are not the bill payer for the device on which you are using the application, they assume that you have obtained permission from the bill payer.
Similarly, the Service Provider cannot always assume responsibility for your usage of the application. For instance, it is your responsibility to ensure that your device remains charged. If your device runs out of battery and you are unable to access the Service, the Service Provider cannot be held responsible.
In terms of the Service Provider's responsibility for your use of the application, it is important to note that while they strive to ensure that it is updated and accurate at all times, they do rely on third parties to provide information to them so that they can make it available to you. The Service Provider accepts no liability for any loss, direct or indirect, that you experience as a result of relying entirely on this functionality of the application.
The Service Provider may wish to update the application at some point. The application is currently available as per the requirements for the operating system (and for any additional systems they decide to extend the availability of the application to) may change, and you will need to download the updates if you want to continue using the application. The Service Provider does not guarantee that it will always update the application so that it is relevant to you and/or compatible with the particular operating system version installed on your device. However, you agree to always accept updates to the application when offered to you. The Service Provider may also wish to cease providing the application and may terminate its use at any time without providing termination notice to you. Unless they inform you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must cease using the application, and (if necessary) delete it from your device.
Disclaimer of Warranties ("As Is")
The Application is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. The Service Provider does not warrant that the Application will function uninterrupted, be secure, or be available at any particular time or location, nor does it warrant that any defects or errors will be corrected, or that the Application is free of viruses or other harmful components. You assume the entire risk of using the Application.
Subscription and Payment Terms
The Application operates on a Freemium model. Certain features or content may require a paid subscription. By purchasing a subscription, you agree to the following:
- Subscriptions are billed on a recurring basis (monthly or annually, depending on the plan selected) and will automatically renew at the end of each billing cycle unless cancelled before the renewal date.
- You may cancel your subscription at any time through your device's app store (Apple App Store or Google Play Store). Cancellation will take effect at the end of the current billing period.
- Refunds are handled in accordance with the policies of the respective app store through which the purchase was made. The Service Provider does not process refunds directly.
- The Service Provider reserves the right to change subscription prices at any time. Any price changes will take effect at the start of the next billing cycle following notice of the change.
- You are responsible for all charges incurred under your account, including applicable taxes.
Data Backup and Loss of Data
The Service Provider strongly encourages you to maintain regular backups of your photos, data, and any content stored within the Application. It is highly recommended that you keep backup copies on external storage devices or cloud services separate from the Application.
While the Service Provider makes every reasonable effort to ensure the Application is reliable, secure, and free from errors, and takes measures to minimize the risk of data loss, the Service Provider cannot guarantee that the Application will be completely error-free or uninterrupted at all times.
The Service Provider accepts no liability or responsibility for any loss, deletion, corruption, or inaccessibility of your photos, data, or content, whether such loss occurs due to:
- Technical failures, bugs, or errors in the Application
- User error or unintended actions while using the Application
- Device malfunction, loss, or theft
- Operating system issues or updates
- Third-party service failures
- Any other cause, whether foreseeable or unforeseeable
By using this Application, you acknowledge and accept full responsibility for maintaining appropriate backups of your data. You agree that you use the Application at your own risk regarding data loss, and the Service Provider shall not be held liable for any consequences resulting from the loss of your data.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Poland, without regard to its conflict of law provisions. Any disputes arising out of or in connection with these Terms and Conditions, including disputes relating to their validity, breach, or termination, shall be subject to the exclusive jurisdiction of the competent courts in Poland.
Indemnification
You agree to indemnify, defend, and hold harmless the Service Provider, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorney's fees) arising from: (a) your use of the Application; (b) your violation of these Terms and Conditions; (c) your violation of any third-party rights, including intellectual property or privacy rights; or (d) any claim that your use of the Application caused damage to a third party.
Severability
If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. The remaining provisions shall continue in full force and effect.
Changes to These Terms and Conditions
The Service Provider may periodically update their Terms and Conditions. Therefore, you are advised to review this page regularly for any changes. The Service Provider will notify you of any changes by posting the new Terms and Conditions on this page.
These terms and conditions are effective as of 2026-03-02
Contact Us
If you have any questions or suggestions about the Terms and Conditions, please do not hesitate to contact the Service Provider at contact@swipester.app.