Terms and Conditions for the Use of Swift Cloud ERP


These terms and conditions ("Terms") govern your access to and use of Swift Cloud ERP ("the Service"), provided by Sysmax Technologies Limited, a company registered in Nigeria ("Sysmax"), and its subsidiary Swift Multiverse Inc., registered in the USA ("Swift Multiverse"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.

Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you are agreeing to these Terms for that organization and warrant that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will refer to that organization.

Use of the Service

The Service is provided to you for your internal business use only. You may not resell, sublicense, or otherwise transfer the Service or any portion thereof to any third party.

Account Registration

To access the Service, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated.

Security of Account

You are responsible for maintaining the security of your account and password. You agree not to disclose your password to any third party and to notify Sysmax immediately if you suspect any unauthorized use of your account.

Usage Restrictions

You agree not to use the Service for any unlawful or prohibited purpose. You may not use the Service in any manner that could damage, disable, overburden, or impair Sysmax’s servers or networks, or interfere with any other party’s use and enjoyment of the Service.

Intellectual Property Rights

The Service and its original content, features, and functionality are owned by Sysmax and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Training and Support

When a client signs up for the Service, Sysmax provides software usage training. Upon the conclusion of training, the client is expected to sign a job completion form, transitioning them to the next stage of the deployment, which is technical support. Clients receive support virtually through live chat, YouTube videos, social media channels, and the support center website. If a client subscribes to dedicated support, the support provided will depend on the chosen plan. If, after completing the initial training, a client requires additional training, they will be charged accordingly.

Refund Policy

Refunds for the Service are subject to the following conditions:

Data Privacy

Sysmax respects your privacy and operates in compliance with applicable data protection laws. Please refer to our Privacy Policy for information about how we collect, use, and disclose your personal information.

Disclaimer of Warranties

The Service is provided on an "as-is" and "as-available" basis. Sysmax makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Limitation of Liability

In no event shall Sysmax or its subsidiaries, affiliates, officers, directors, employees, agents, suppliers, or licensors be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including, without limitation, lost profits, data, use, goodwill, or other intangible losses resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) 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 Sysmax has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Indemnification

You agree to indemnify and hold Sysmax and its subsidiaries, affiliates, officers, directors, employees, agents, suppliers, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party.

Termination and Suspension

Sysmax reserves the right to terminate or suspend your account and access to the Service without prior notice if you breach these Terms or engage in conduct that disrupts the Service or is harmful to Sysmax or its users.

Force Majeure

Sysmax shall not be liable for any delay or failure in performance due to events beyond its reasonable control, including but not limited to acts of God, war, natural disasters, strikes, or government restrictions.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Entire Agreement

These Terms, along with the Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Sysmax and supersede any prior agreements or understandings.

Assignment

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Sysmax. Sysmax may assign or transfer its rights or obligations without restriction.

Dispute Resolution

Any disputes arising out of or related to these Terms shall be resolved by arbitration under the rules of the Abuja Multi-door Court, Abuja, Nigeria. The seat of arbitration shall be Abuja, Nigeria, and the decision of the arbitrator shall be final and binding.

User-Generated Content

Any content you submit, post, or display while using the Service shall be your responsibility. Sysmax does not claim ownership over such content but reserves the right to remove any content that violates these Terms or applicable law.

Feedback and Suggestions

You grant Sysmax the right to use any feedback or suggestions you provide regarding the Service without any obligation to you.

Modification of Terms

Sysmax reserves the right, at its 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.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Nigeria, without regard to its conflict of law provisions.

Contact Information

If you have any questions about these Terms, please contact us at [info@swiftclouderp.com](mailto:info@swiftclouderp.com).

By using the Swift Cloud ERP service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to these Terms, you may not access or use the Service.