Terms & Conditions

Last Updated: January 2025

Please read these Terms and Conditions ("Terms") carefully before using the website and services of SWING WIND INFO TECHNOLOGIES PVT LTD ("we," "our," or "us"). By accessing or using our website or services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing, browsing, or using our website located at www.swingwind.com or any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not agree to these Terms, please do not use our website or services.

We reserve the right to modify these Terms at any time. Your continued use of our services after changes are posted constitutes acceptance of the modified Terms.

2. Company Information

3. Services Description

SWING WIND INFO TECHNOLOGIES PVT LTD provides software development, mobile app development, cloud solutions, IT consulting, and related technology services. We reserve the right to:

• Modify, suspend, or discontinue any service at any time
• Change service features, functionality, or pricing
• Impose usage limits or restrictions
• Refuse service to anyone for any reason

Service descriptions and specifications are subject to change without notice. We do not guarantee that our services will be uninterrupted, error-free, or completely secure.

4. User Accounts and Registration

4.1 Account Creation

To access certain services, you may need to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your account information
• Keep your account credentials secure and confidential
• Notify us immediately of any unauthorized use
• Be responsible for all activities under your account

4.2 Account Termination

We reserve the right to suspend or terminate your account if:

• You violate these Terms
• You engage in fraudulent or illegal activities
• You fail to pay applicable fees
• We believe it is necessary to protect our rights or other users

5. Intellectual Property Rights

5.1 Our Intellectual Property

All content, features, and functionality of our website and services, including but not limited to:

• Text, graphics, logos, icons, images
• Software, code, and applications
• Design, layout, and user interface
• Trademarks, service marks, and trade names

are owned by SWING WIND INFO TECHNOLOGIES PVT LTD or our licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use our website for personal or business purposes
• Download and print content for your own use

You may not:

• Copy, modify, distribute, or create derivative works
• Reverse engineer, decompile, or disassemble our software
• Remove copyright or proprietary notices
• Use our content for commercial purposes without permission

5.3 User Content

If you submit content to us (feedback, comments, etc.), you grant us a worldwide, royalty-free, perpetual, irrevocable license to use, modify, and distribute such content for any purpose.

6. Payment Terms

6.1 Fees and Payment

If you purchase our services, you agree to:

• Pay all fees as specified in your service agreement
• Provide accurate payment information
• Authorize us to charge your payment method
• Pay applicable taxes and fees

6.2 Pricing

All prices are:

• Subject to change without notice
• Quoted in the currency specified (USD, INR, or other)
• Exclusive of applicable taxes unless stated otherwise

6.3 Refunds and Cancellations

Refund and cancellation policies are specified in individual service agreements. Generally:

• Refund requests must be made within the specified timeframe
• Refunds are subject to our approval and may be prorated
• Service-specific cancellation terms apply

7. User Conduct and Prohibited Activities

You agree not to:

• Violate any applicable laws or regulations
• Infringe upon intellectual property rights
• Transmit viruses, malware, or harmful code
• Attempt unauthorized access to our systems
• Interfere with or disrupt our services
• Use our services for illegal or fraudulent purposes
• Impersonate any person or entity
• Collect user information without consent
• Engage in spam or unsolicited communications
• Violate any applicable export control laws

8. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy, completeness, or reliability
• Uninterrupted or error-free operation

We do not warrant that our services will meet your requirements or be available at all times.

India-Specific Disclaimer

In accordance with the Indian Contract Act, 1872, and the Information Technology Act, 2000, the above disclaimer applies subject to any mandatory provisions of Indian law that cannot be excluded.

9. Limitation of Liability

9.1 General Limitation

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Service interruptions or failures
• Errors or omissions in content
• Third-party actions or content

Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim.

9.2 India-Specific Limitations

In India, our liability is limited in accordance with the Indian Contract Act, 1872, and the Information Technology Act, 2000. Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.

9.3 USA-Specific Limitations

In the United States, some states do not allow exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In such cases, our liability is limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless SWING WIND INFO TECHNOLOGIES PVT LTD, its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any third-party rights
• Your violation of any applicable laws

11. Governing Law and Jurisdiction

11.1 Primary Jurisdiction

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

11.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or our services shall be subject to:

• First: Good faith negotiation between the parties
• Second: Mediation through a mutually agreed mediator
• Third: Arbitration in Hyderabad, India, under the Arbitration and Conciliation Act, 2015
• Courts: Exclusive jurisdiction of courts in Hyderabad, Telangana, India

11.3 International Users

For users outside India:

• These Terms are governed by Indian law, but local consumer protection laws may apply
• You may have additional rights under your local jurisdiction
• Disputes may be resolved in your local courts if required by law

11.4 USA-Specific Provisions

For users in the United States:

• Federal and state consumer protection laws apply
• You may have rights under the Consumer Protection Act in your state
• Class action waivers may apply as permitted by law

12. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

• Natural disasters, pandemics, or acts of God
• War, terrorism, or civil unrest
• Government actions or regulations
• Internet or telecommunications failures
• Strikes or labor disputes

13. Termination

We may terminate or suspend your access to our services immediately, without prior notice, if you:

• Violate these Terms
• Engage in fraudulent or illegal activities
• Fail to pay applicable fees
• Request termination of your account

Upon termination, your right to use our services will cease immediately, and we may delete your account and data in accordance with our Privacy Policy.

14. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

15. Entire Agreement

These Terms, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and SWING WIND INFO TECHNOLOGIES PVT LTD regarding the use of our services and supersede all prior agreements and understandings.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website
• Sending an email notification (if you have provided your email)
• Updating the "Last Updated" date

Your continued use of our services after changes become effective constitutes acceptance of the modified Terms.

17. Contact Information

If you have questions about these Terms, please contact us: