THESE FREE TRIAL TERMS AND CONDITIONS GOVERN YOUR ACCESS TO, AND TRIAL USE OF SWOOGO SERVICES (THE “SERVICES”) MADE AVAILABLE BY OR ON BEHALF OF SWOOGO, LLC (“COMPANY”) DURING A FREE TRIAL PERIOD. BY REGISTERING ON SWOOGO’S WEBSITE PURSUANT TO THE LINK THAT REFERENCES THESE FREE TRIAL TERMS AND CONDITIONS OR BY SIGNING THIS AGREEMENT, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS HEREOF.
Free Trial. If You register on Swoogo’s website for a free trial or work with a member of Swoogo’s sales team to start a free trial, Swoogo will make one or more free Subscription Services available to you on a trial basis, free of charge until the earlier of (a) the end of the free trial period for which you registered to use the applicable Subscription Service(s), or (b) the start date of any payable Subscription Services ordered by You or (c) termination by Swoogo in its sole discretion.
You may not access the Trial Services if You are Our direct competitor, except with Our prior written consent. In addition, You may not access the Services for benchmarking or competitive purposes.
During your free trial, you may access and use the applicable Subscription Services for evaluation purposes only. You shall be responsible for maintaining the security of your login credentials used to access the Subscription Services and you shall not share those credentials with any third party or otherwise permit any third party to use the Subscription Services.
You acknowledge that all right, title and interest in and to the Subscription Services and all underlying software, technology and other intellectual property belong exclusively to Swoogo or its licensors. You shall at no time: (a) copy any feature, design or graphic in any subscription Services; (b) attempt to circumvent any security device or access or derive the source code or architecture of any Subscription Services; (c) use or access any Subscription Services in order to build a competitive solution or to assist someone else to build a competitive solution; (d) load or penetration test the Subscription Services or otherwise use any Subscription Services in any way that is, or could reasonably be expected to be, detrimental to Swoogo’s ability to provide services to any other customer; (e) use the Services to store or transmit infringing, defamatory, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; (f) use the Services to store or transmit Malicious Code; (g) use any Subscription Services to access the data of any other customer of Swoogo; (h) use the Subscription Services in a manner that violates any applicable law, ordinance, regulation or administrative order; or (i) permit any third party to do any of the foregoing.
Any data that is input and stored in any Swoogo system pursuant to your use of the Subscription Services, and any configurations, business model flows and report designs created by you by using the standard functionality embedded in the Subscription Services during your free trial will be permanently lost unless you purchase a paid subscription to the Subscription Services covered by the Free Trial Terms and Conditions, or export such data, before the end of the trial period.
SWOOGO MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE IN CONNECTION WITH THESE FREE TRIAL TERMS AND CONDITIONS. WITHOUT LIMITING THE FOREGOING, SWOOGO IS PROVIDING THE SUBSCRIPTION SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SUBSCRIPTION SERVICES OR THEIR PERFORMANCE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, COMPANY DOES NOT WARRANT THAT THE SUBSCRIPTION SERVICES WILL MEET YOUR EXPECTATIONS OR BE SECURE, ACCURATE, ERROR-FREE, OR OPERATE ON AN UNINTERRUPTED BASIS OR IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE OR SYSTEM. WITHOUT LIMITING THE FOREGOING, SWOOGO WILL NOT BE LIABLE FOR ANY PROBLEMS WITH THE SUBSCRIPTION SERVICES ATTRIBUTABLE TO THE INTERNET, FORCE MAJEURE OR CUSTOMER’S OR ANY AUTHORIZED USER’S NETWORK OR ABILITY TO ACCESS THE INTERNET.
SWOOGO SHALL HAVE NO AGGREGATE LIABILITY TO YOU ARISING UNDER OR IN CONNECTION WITH THIS FREE TRIAL TERMS AND CONDITIONS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.
You shall indemnify, defend and hold harmless Swoogo and its affiliates and their respective employees and agents from and against any loss, cost, damage or expense (including reasonable attorneys’ fees and costs) in respect of any claim that relates to (a) your data or any other content or materials input to, stored in or processed by any Swoogo system in connection with your use of the Subscription Services hereunder or (b) any breach by you of the Free Trial Terms and Conditions.
These Free Trial Terms and Conditions shall be governed by, and construed in accordance with, the laws of the State of Delaware, without regard to its choice of law principles. These Free Trial Terms and Conditions constitute the entire agreement between pertaining to the subject matter hereof, and cancel and supersede all prior oral and written negotiations, agreements or understandings between the parties with respect to the subject matter hereof. No modification of any provision of these Free Trial Terms and Conditions shall be valid or binding unless made in writing and signed by an authorized officer of Swoogo. Swoogo’s failure at any time to require performance of any provision of this Agreement or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. These Free Trial Terms and Conditions are personal to you and you may not transfer or assign any of your rights or obligations hereunder without the prior written consent of Swoogo. Please review the online user guides, documentation, and help and training materials for the Subscription Services as made available by Swoogo via https://swoogo.zendesk.com/hc/en-us during the trial period so that you become familiar with the features and functions of the Subscription Services before you make your purchase.