Last updated July, 2021
Terms and Conditions
This page (together with the documents referred to on it) tells you the Terms and Conditions (our “Terms”) on which you may make use of our website, SwingerApp.es (our “Site”), or our application, SwingerApp, which we make available via an app store or otherwise (our “Service”), whether as a guest or registered user. Please read these Terms and Conditions carefully before you start using or Site or our Service. You agree that by accessing the Site or using our Service you have read, understood, and agreed to be bound by all these Terms and Conditions. If you do not agree with all these Terms, then you are expressly prohibited from using the Site and the Service and must discontinue use immediately.
1. INFORMATION ABOUT US
SwingerApp.es and SwingerApp are operated by THE APP OF THE MASK, S.L. (“we”, “us” or “SwingerApp”), whose registered office is Avenida Alberto Calle Alamedilla, 9. 28045 Madrid, Spain. Our company registration number is B88275730.
Our collection and use of personal information in connection with your access and use of our Site and Service is described in our Privacy Policy.
1.1. Purpose
SwingerApp is a service where we act as intermediary between the “guest” and the “host”. A Guest will submit a request to be invited to a meeting that some host has created on the App.
The Host and Guests share the cost of the Meeting. That for may be a economical transaction
This transaction is carried out through our Service, and so SwingerApp in its capacity as intermediary takes a certain amount as fee per meeting. This may vary depending on the country and the characteristics of each individual meeting.
2. ELIGIBILITY
You must be at least 18 years of age to create an account on SwingerApp and use the Service. By creating an account and using the Service, you declare and guarantee that:
- You can form a binding contract with SwingerApp,
- You are not a person who is prohibited from using the Service in accordance with the laws of the United States or any other applicable jurisdiction - which means that you do not appear on the list of specially designated citizens of the United States Department of the Treasury nor are you subject to any other similar prohibition,
- will comply with this Agreement and all applicable local, state, national and international laws, regulations and regulations, and
- He has never been convicted of a crime or felony (or a crime of a similar serious nature), a sex crime or any violent crime, and is not required to register as a sex offender in any state, federal or local sex offender registry.
3. ACCESS TO OUR SERVICES
Access to our Site and to our Service will be offered uninterruptedly 24/7. Nevertheless, this access is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our Site or our Service without notice. We will not be liable if, for any reason, our Site or our Service is unavailable at any time or for any period. We reserve access to deactivate your account at any time.
Due to the nature of the Internet, we cannot guarantee continued and uninterrupted availability and accessibility to the SwingerApp platform. We may restrict the availability of the platform or of certain areas or features thereof if this is necessary in view of capacity limits, the security or integrity of our servers or to carry out maintenance measures that ensure the proper or improved functioning of the app. SwingerApp may improve, enhance and modify the platform and introduce new services from time to time, at our discretion.
SwingerApp will not be liable for any errors, delays or anomalies in our Site and Service that may arise and which may be due to third-party issues (such as, but not limited to, network, hardware or provider issues), force majeure or fortuitous events or any other contingencies of a totally unpredictable nature and thus unrelated to the good will of the business.
SwingerApp acts as an intermediary, and thus the availability of the Service shall not be up to us, and we will not be deemed responsible in any way for lack of availability or response from SwingerApp and/or Users.
4. OBLIGATIONS AND LIABILITY
All possible eventualities that may come up before, during and after a meeting will be first communicated through our Site or Service.
Although SwingerApp, as an intermediary, will not be liable for any possible misconduct of its users (both Users and hosts), we require any person wishing to use our Site or Service to adhere to a certain code of conduct, which is as follows—
4.1. Responsibility of the user
Any user of our Site and/or Service agrees not to—
- Use our Site or Service for unlawful purposes. You may not use our Site or our Service in any way that breaches any applicable local, national or international law or regulation.
- Make improper use of our Site or Service. The user is the only one responsible for the content of the interactions he/she has with other users, and therefore is the only one responsible for any claim or legal action, judicial or extrajudicial, brought forward by him/her or by other harmed parties, before the Court or other organisms, that is based on the misuse of our Site or Service, whatever it may be.
- Provide any service related to our app without the due diligence necessary to ensure it is carried out correctly. This includes, without limitation, planning or carrying out missions.
- Use information obtained through our Site or Service to harass, abuse, threaten, stalk, defame or harm another person. What these mean in any given case will be decided by the applicable law.
- Carry out any meeting concluded through our Site or Service in any way other than innocuously, reasonably and without any malicious intent.
- Do anything that any reasonable ordinary person would consider as inappropriate or threatening at any point during your interaction with our Site, Service or other users.
- Trick, defraud, or mislead us or other users, especially in an attempt to learn sensitive information about other accounts or users.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Attempt to impersonate another user or person or use the username of another user.
- Interfere with, disrupt, or create an undue burden on the app or the network services connected to the app.
- Make any unauthorised use of the app, including collecting usernames, email addresses and/or any other information that may be deemed of a personal nature under Directive 95/46/EC of the European Parliament and of the Council, by electronic or other means.
- Use a buying agent or purchasing agent to make purchases through the app.
- Use the app to advertise or offer to sell goods and services not intrinsically related to the purpose of the app.
- Circumvent, disable, or otherwise interfere with security-related features of the app, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the app and/or the content contained therein. “Content” in this context is understood to include all source code, databases, functionality, software, app design, audio, video, text, photographs and graphics on the app, as well as all trademarks, service marks and logos contained therein.
- Engage in unauthorised framing of or linking to the app.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots or similar data gathering and extraction tools.
- Systematically retrieve data or other content from the app to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Sell or otherwise transfer your profile.
- Use the app as part of any effort to compete with us or otherwise use the app and/or the content for any revenue-generating endeavour or commercial enterprise.
- Decipher, decompile, disassemble, or reverse engineer any of the software compromising or in any way making up part of the app.
- Attempt to bypass any measures of the app designed to prevent or restrict access to the app, or any portion of the app.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the app to you.
- Delete the copyright or other proprietary rights notice from any Content.
- Copy or adapt the app’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), which interferes with any party’s uninterrupted use and enjoyment of the app or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operations or maintenance of the app.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the app.
- Use the app in a manner inconsistent with any applicable law or regulation.
- Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism including without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Advocate terrorism, racism or other illegal behaviours.
Failure to comply with this section constitutes a material breach of the Terms and Conditions, and may result in our taking all or any of the following actions—
- Immediate temporary or permanent withdrawal of your right to use our Site or Service.
- Immediate temporary or permanent removal of any posting or material uploaded by you to our Site or Service.
- Issuing of a warning to you.
- Legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
4.2. SwingerApp’ liability
To the extent permitted by law, SwingerApp provides a service as intermediary on an “as-is” and “as available” basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our service, or that it will be timely or error-free or that issues will be corrected. SwingerApp will not have any liability to you, the user, for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use or inability to use our service. In event that another user is found to be liable to you, SwingerApp will be subject to no aggregate liability, and all we will do is reserve the right to remove the liable user from out platform.
While we may help facilitate the resolution of disputes, SwingerApp has no control over and does not guarantee—
- The existence, quality, safety, suitability or legality of any Meeting or additional services which may take place during a meeting,
- The truth or accuracy of any ratings, reviews or other user content, or
- The performance or conduct of any user or third party.
SwingerApp does not endorse any user, and any reference to a user, usually a guest, being “certified” (or similar language) only indicates that the user in question has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by SwingerApp about any such user, including of the user’s identity or background or whether the user is trustworthy, safe or suitable. You should always exercise due diligence and care when interacting with other users.
If you choose SwingerApp as a platform to request or offer services (this being limited only to those intrinsically related to the app and thus falling under the “Guest” or “Host” dynamic), your relationship with SwingerApp is limited to being an independent third-party, and not an employee, agent, joint venture or partner of SwingerApp for any reason. You act exclusively on your own behalf and for your own benefit, and not on behalf of, or for the benefit of, SwingerApp.
SwingerApp shall not be under any obligation or responsibility concerning whether the user, in his/her capacity as host or guest, declares the money earned through our platform in his/her tax returns. We shall not issue an invoice to the hosts or guests unless explicitly asked to, as we simply provide a payment gateway. Through accepting our Terms and Conditions any user of our Site and/or Service agrees to be the only one responsible for his/her tax responsibilities, exempting SwingerApp from any and all tax liability arising from any payment a user may receive during his/her use of our platform.
4.2.1. No agency
Nothing in this Terms and Conditions agreement is intended to constitute SwingerApp as your agent or authorise SwingerApp to enter into any commitments on your behalf.
4.2.2. Waiver
Neither the user, nor SwingerApp, shall be responsible to the others for any delay or non-performance of its obligations under this Terms and Conditions agreement arising from any cause beyond its control including, without limitation, all those eventualities listed in clause 2, here detailed—
- An act of God
- Governmental act
- Fire
- War
- Flood
- Explosion
- Civil commotion
5. PRICE AND PAYMENT
The price of any overall Meeting or of any other available service will be listed on our platform. Prices include any pertinent taxes applicable to each country. Prices will vary between meetings depending on, among others, duration, time, place and any other additional purchases that may be made during the course of the meeting itself.
6. CANCELLATION
SwingerApp will always receive payment of its fee because, in any case, its service as intermediary has been provided.
7. SEVERABILITY
If any provision of this agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.
8. ENTIRE AGREEMENT
These Terms contain the whole agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.
9. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
SwingerApp may revise these Terms and Conditions at any time and amend them to our discretion. You are expected to check this from time to time to take notice of any changes we make, as they are binding to you.
10. LAW AND JURISDICTION
The Courts of Madrid, Spain, will have jurisdiction over any claim arising from, or related to, any use of our platform and services. These Terms and Conditions 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 law of Spain.
11. YOUR CONCERNS
If you have any concerns about material that appears on our Site or Service, please contact us through our website, SwingerApp.es.