Last Updated: 06/16/2024

PLEASE READ THESE TERMS OF SERVICE ("TERMS", "TERMS OF SERVICE") CAREFULLY BEFORE USING THE SKWAD WEBSITE, SKWAD APP, AND SKWAD SERVICES (COLLECTIVELY REFERRED TO AS "SKWAD" OR THE "SERVICE") OPERATED BY TCS DIGITAL, LLC ("US", "WE", OR "OUR").

YOUR ACCESS TO AND USE OF THE SERVICE IS CONDITIONED UPON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. THESE TERMS APPLY TO ALL VISITORS, USERS, AND OTHERS WHO WISH TO ACCESS OR USE THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DISAGREE WITH ANY PART OF THE TERMS, THEN YOU DO NOT HAVE PERMISSION TO ACCESS THE SERVICE.

1. ACCOUNT CREATION AND SECURITY

1.1 In order to access certain features of Skwad, you are required to create an account. During the registration process, you agree to provide accurate, current, and complete information about yourself as prompted by the registration form. You further agree to maintain and promptly update your account information to keep it accurate, current, and complete.

1.2 You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify Skwad immediately of any unauthorized use of your account or any other breach of security. You are fully responsible for all activities that occur under your account, whether or not you authorize such activities.

1.3 Skwad reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

2. USE OF SKWAD

2.1 Skwad grants you a non-exclusive, non-transferable, limited right to access and use Skwad for your personal or business purposes, provided that such use is in compliance with these Terms and all applicable laws, rules, and regulations.

2.2 You agree not to use Skwad for any unlawful purpose or in any manner that could damage, disable, overburden, or impair the servers or networks connected to Skwad. You further agree not to attempt to gain unauthorized access to any part of Skwad, other accounts, computer systems, or networks connected to Skwad through hacking, password mining, or any other means.

2.3 You are solely responsible for any content that you upload, post, or transmit through Skwad. By uploading, posting, or transmitting content through Skwad, you represent and warrant that you have the necessary rights to do so and that such content does not violate any intellectual property rights or other proprietary rights of any third party.

3. INTELLECTUAL PROPERTY RIGHTS

3.1 Skwad and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by TCS Digital, LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

3.2 You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on Skwad, except as follows:

a. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
b. You may store files that are automatically cached by your Web browser for display enhancement purposes.
c. You may print or download one copy of a reasonable number of pages of Skwad for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

3.3 You must not:

a. Modify copies of any materials from Skwad.
b. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
c. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from Skwad.

3.4 If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of Skwad in breach of the Terms of Service, your right to use Skwad will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to Skwad or any content on Skwad is transferred to you, and all rights not expressly granted are reserved by TCS Digital, LLC. Any use of Skwad not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

4. PRIVACY POLICY

4.1 By using Skwad, you acknowledge and agree that your use of Skwad is subject to our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy carefully to understand our practices regarding the collection, use, and disclosure of your personal information.

5. THIRD-PARTY SERVICES

5.1 Skwad may integrate with third-party services or platforms that have their own terms of use and privacy policies. When using these third-party services in conjunction with Skwad, you agree to comply with their terms of use and privacy policies.

6. TERMINATION

6.1 Skwad reserves the right to suspend or terminate your access to Skwad at any time, with or without cause, and with or without notice. Upon termination, your right to use Skwad will immediately cease.

6.2 Upon termination, you must cease all use of Skwad and destroy any copies of materials obtained from Skwad in your possession, whether made under the terms of these Terms or otherwise.

7. DISCLAIMER OF WARRANTIES

7.1 YOUR USE OF SKWAD IS AT YOUR SOLE RISK. SKWAD IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SKWAD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8. LIMITATION OF LIABILITY

8.1 IN NO EVENT SHALL SKWAD, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, SKWAD, ANY WEBSITES LINKED TO IT, ANY CONTENT ON SKWAD OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

9. GOVERNING LAW AND JURISDICTION

9.1 These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in Delaware and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

10. CHANGES TO TERMS OF SERVICE

10.1 We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

10.2 By continuing to access or use Skwad after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Skwad.

11. CONTACT US

If you have any questions about these Terms, please contact us at [email protected].

BY ACCESSING OR USING SKWAD, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE SKWAD.