Terms of Service

These Terms of Service ("Terms") are a legal agreement between you and Swixie ("we", "us", or "our") and govern your use of the Swixie mobile application and related services (the "Service"). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

1. What Swixie is

Swixie is a photo-album service. An event organiser uploads photos from an event, and Swixie uses face matching to help each person find and collect the photos they appear in.

2. Eligibility

You must be at least 13 years old to use Swixie. By using the Service you confirm that you meet this requirement and can enter into a binding agreement.

3. Your account

You are responsible for the information you provide, for keeping your credentials secure, and for activity under your account. Notify us at support@swixie.com if you suspect unauthorised use.

4. Face matching and consent

To find your photos, Swixie creates a face signature from a selfie you provide and compares it against faces in event photos, as described in our Privacy Policy. By providing a selfie and using the face-matching feature, you consent to this processing. You may withdraw consent at any time by deleting your account (which removes your face signature) or by contacting support@swixie.com.

5. Acceptable use

You agree not to: upload or share content that is illegal, harmful, infringing, defamatory, or offensive; upload photos of other people that you do not have the right to share; use face matching to identify or find photos of people without a legitimate basis; share other people's contact details or send unwanted invitations without a proper basis; access accounts, data, or albums that are not yours; or interfere with, disrupt, or reverse-engineer the Service. We may suspend or terminate accounts that violate these Terms.

6. Content and ownership

• Your content: you retain ownership of the photos and content you upload.
• Your responsibilities: by uploading content you confirm you have all rights and permissions necessary, and that it does not violate the rights of others or any law.
• Licence to us: you grant Swixie a non-exclusive, worldwide, royalty-free licence to host, store, process (including face matching), and display your content solely to operate and provide the Service to the people entitled to view it. This licence ends when the content is deleted, except where retention is required by law.
• Device permissions: the Service asks for access to your device camera, photo library, location, and contacts to provide specific features (see our Privacy Policy). You grant these voluntarily and can revoke them anytime in your device settings. Where you share contacts, you confirm you have a basis to do so.
• Removal: you may request removal of photos featuring you by contacting support@swixie.com.

7. Payments

Paid albums and in-app purchases are not currently available; the Service is provided free of charge at this time. If we introduce paid features, we will publish the applicable pricing and payment terms before they take effect.

8. Intellectual property

The Service — its software, design, branding, and content (excluding user content) — is owned by Swixie or its licensors. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for personal, non-commercial purposes in accordance with these Terms.

9. Service availability

We aim to keep the Service available but do not guarantee it will be uninterrupted, timely, secure, error-free, or that face matching will identify every photo. We may modify, suspend, or discontinue any part of the Service at any time.

10. Disclaimers

To the maximum extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant the accuracy or completeness of face-matching results.

11. Limitation of liability

To the maximum extent permitted by law, Swixie and its officers, employees, and partners will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of data, profits, or goodwill, arising out of or related to your use of (or inability to use) the Service.

12. Indemnity

You agree to indemnify and hold harmless Swixie from any claims, damages, liabilities, and expenses arising out of your content, your use of the Service, or your violation of these Terms or the rights of any third party.

13. Termination

You may stop using the Service and delete your account at any time (see the Privacy Policy for how deletion works). We may suspend or terminate your access if you violate these Terms or if we discontinue the Service. Provisions that by their nature should survive termination (ownership, disclaimers, limitation of liability, indemnity) will survive.

14. Changes to these Terms

We may update these Terms from time to time. We will revise the "Last updated" date above and, where appropriate, provide additional notice. Continued use after changes take effect means you accept the updated Terms.

15. Governing law and disputes

These Terms are governed by the laws of the Republic of Kenya, without regard to its conflict-of-laws rules. Any disputes arising out of or relating to these Terms or the Service will be subject to the exclusive jurisdiction of the courts of Kenya.

16. Contact

Swixie, P.O. Box 633-00100, Nairobi, Kenya.
support@swixie.com