Last Updated: February 15, 2025

INTRODUCTION

These Terms of Service ("Terms") govern your access to and use of the SKWAD website, SKWAD application, and all related services (collectively, the "Service") operated by TCS Digital, LLC ("Company," "we," "us," 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 these Terms, you may not access or use the Service.

1. ACCOUNT CREATION AND SECURITY

1.1 In order to access certain features of the Service, you may be required to create an account. During the registration process, you agree to provide accurate, current, and complete information 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 safeguarding and maintaining the confidentiality of your account credentials, including your email, username and password. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. You acknowledge and agree that you are fully responsible for all activities that occur under your account, whether or not you authorize such activities.

1.3 The Company reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content, or cancel orders.

2. PERMITTED USE OF THE SERVICE

2.1 Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or business purposes.

2.2 You agree not to use the Service:
a. In any way that violates any applicable federal, state, local, or international law or regulation;
b. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way;
c. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
d. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity;
e. In any way that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service;
f. To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service;
g. To attack the Service via a denial-of-service attack or a distributed denial-of-service attack; or
h. To otherwise attempt to interfere with the proper working of the Service.

2.3 You are solely responsible for any content that you upload, post, email, transmit, or otherwise make available through the Service ("User Content"). By submitting User Content to the Service, you represent and warrant that:
a. You own or control all rights in and to such User Content or have the right to grant the license set forth in these Terms;
b. Such User Content does not violate the rights of any third party, including intellectual property rights and privacy rights; and
c. Such User Content complies with these Terms and all applicable laws, rules, and regulations.

3. INTELLECTUAL PROPERTY RIGHTS

3.1 The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by the Company, 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 use the Service only for the purposes expressly permitted by these Terms. Except as expressly provided in these Terms, you may not:
a. Modify, reproduce, or create derivative works based upon the Service;
b. Distribute, sell, license, rent, lease, transfer, assign, transmit, host, outsource, disclose, or otherwise commercially exploit the Service;
c. Remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Service;
d. Use any automated means to access or use the Service, or circumvent or disable any security or technological features of the Service; or
e. Attempt to gain unauthorized access to the Service or related systems or networks.

3.3 Any use of the Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other intellectual property laws.

4. PRIVACY POLICY

4.1 The Company's Privacy Policy, available at Privacy Policy, is incorporated by reference into these Terms. Please review the Privacy Policy carefully to understand our practices regarding the collection, use, and disclosure of your personal information through the Service.

5. THIRD-PARTY SERVICES AND CONTENT

5.1 The Service may contain links to third-party websites, services, or content that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

5.2 When you use the Service to access third-party services or platforms, you agree to comply with their respective terms of use and privacy policies.

6. TERMINATION

6.1 The Company reserves the right to suspend or terminate your access to the Service, in whole or in part, at any time, with or without cause, and with or without notice, effective immediately.

6.2 Upon termination of your access to the Service: a. Your right to use the Service will immediately cease; b. You must cease all use of the Service and destroy any materials obtained from the Service; and c. All provisions of these Terms that by their nature should survive termination shall survive, including without limitation, ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

7. DISCLAIMER OF WARRANTIES

7.1 THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

7.2 THE COMPANY DOES NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

8. LIMITATION OF LIABILITY

8.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: a. YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE;
b. ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE;
c. ANY CONTENT OBTAINED FROM THE SERVICE; AND
d. UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

8.2 IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

9. INDEMNIFICATION

9.1 You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service.

10. GOVERNING LAW AND JURISDICTION

10.1 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule.

10.2 Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

11. REFUND POLICY

11.1 Eligibility Criteria
a. Refunds are available to customers who: Have purchased a subscription within the last 30 days; or Can provide clear evidence of billing errors.

11.2 Refund Timeframe
a. Refund requests must be submitted within 30 days of the original purchase date.
b. Requests submitted after 30 days will not be considered.

11.3 Refund Amount and Calculation
a. Refund calculations will be based on a full-month prorating model: Any partial use of a month (even one minute) will be considered a full month used. Refunds will be calculated by subtracting used months at full price from the total subscription cost. Partial months are always rounded up to a full month.
b. Refund amounts will be: Processed to the original payment method and Calculated at the Company's sole discretion

11.4 Refund Request Process
a. To request a refund, customers must: Email [email protected] with the subject line "Refund Request". Provide the original purchase receipt and Explain the reason for the refund request. Include the account email
b. The support team will review requests within 10 business days
c. Customers will be notified of the decision via email

11.5 Refund Exclusions
Refunds will NOT be issued for:
a. Subscriptions canceled after 30 days of purchase
b. Requests based on "change of mind" or inactivity
c. Misuse of the Service
d. Violations of these Terms
e. Subscriptions purchased through third-party app stores (refer to their policies)

11.6 In-App and App Store Purchases
a. For subscriptions purchased through mobile app stores (App Store, Google Play): Refund requests must be directed to the respective app store. The Company follows the refund policies of these platforms

11.7 Trial Periods
a. To avoid charges, cancel before the trial period ends.
b. Requesting a new trial will automatically resubscribe you to a billing plan. You must cancel again to avoid charges.

11.8 Final Determination
a. The Company reserves the right to approve or deny refund requests.
b. Decisions are made at the Company's sole discretion.
c. Repeated or fraudulent refund requests may result in account suspension.

12. CHANGES TO TERMS

12.1 The Company reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, as determined by the Company in its sole discretion, the Company will provide at least 30 days' notice prior to any new terms taking effect.

12.2 By continuing to access or use the Service 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 the Service.

13. GENERAL PROVISIONS

13.1 Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding your use of the Service and supersede all prior and contemporaneous written or oral agreements between you and the Company.

13.2 Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.

13.3 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary and the remaining provisions shall continue in full force and effect.

13.4 Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.

13.5 Electronic Communications. You consent to receive communications from the Company electronically and agree that all agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications be in writing.

14. CONTACT INFORMATION

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

BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.