END USER LICENSE AGREEMENT – TERMS OF SERVICE

Last updated April 11th, 2025

Swiftly Workspace is licensed to you (End-User) by Swiftly Workspace BV, located and registered at Richard Caluwaertsstraat 8, 2880 Bornem, Belgium (hereinafter: Licensor), for use only under the terms of this License Agreement.

By downloading the Application from the Apple AppStore, and any updates thereto (as permitted by this License Agreement), you indicate that you agree to be bound by all the terms and conditions of this License Agreement, and that you accept this License Agreement.

The parties acknowledge that Apple is not a party to this License Agreement and is not bound by any provisions or obligations regarding the Application, including but not limited to warranty, liability, maintenance, or support. Swiftly Workspace BV, not Apple, is solely responsible for the licensed Application and its content.

This License Agreement may not contain any usage rules that conflict with the most recent App Store Terms of Service. Swiftly Workspace BV acknowledges that it had the opportunity to review these terms and confirms that this License Agreement does not conflict with them.

All rights not expressly granted to you are reserved.

1. THE APPLICATION

Swiftly Workspace (hereinafter: the Application) is software developed to register your time segmented per customer, contract, and project, and to invoice this time. Includes insights into your data through visualizations.

The Application is not designed to comply with industry-specific regulations such as HIPAA, FISMA, or similar frameworks. If your usage involves such regulations, you may not use this Application. Additionally, the Application may not be used in a way that violates GLBA or other privacy laws. Users are solely responsible for ensuring compliance with applicable laws.

2. SCOPE OF LICENSE

2.1 You are granted a non-transferable, non-exclusive, non-sublicensable license to install and use the licensed Application on Apple-branded products you own or control, as permitted by the Usage Rules and the App Store Terms of Service. Use via Family Sharing or volume licensing is permitted.

2.2 This license also applies to updates unless a separate license is provided, in which case the new terms will apply.

2.3 You may not share, sell, rent, lend, lease, or redistribute the Application without Swiftly Workspace BV’s prior written consent and as allowed by Apple’s Terms and Conditions.

2.4 You may not reverse engineer, translate, disassemble, decompile, adapt, or attempt to derive the source code of the Application (unless with prior written consent from Swiftly Workspace BV).

2.5 You may not copy or alter the Application, except as expressly allowed. You may store backup copies only on devices you own. Unauthorized third-party access is prohibited.

2.6 Violations or attempts thereof may lead to legal action and claims for damages.

2.7 Licensor reserves the right to modify the license terms at any time.

3. MAINTENANCE AND SUPPORT

3.1 The Licensor is solely responsible for providing maintenance and support. You may contact the Licensor via the email listed in the App Store.

3.2 Apple has no obligation to provide maintenance or support for the licensed Application.

4. USE OF DATA

You acknowledge that the Licensor may access and adjust your downloaded Application content and personal data. Usage of such data is governed by your agreement with the Licensor and the privacy policy:
https://www.swiftly-workspace.com/privacypolicy

5. USER GENERATED CONTRIBUTIONS

The Application does not allow users to submit or post content. If we allow such functionality in the future, by creating or submitting any content, you confirm:

  • Your content does not infringe third-party rights;

  • You have the necessary rights and permissions to use and share it;

  • Your content is not misleading, offensive, unlawful, or inappropriate;

  • You comply with all applicable laws and our Terms of Use.

Any use in violation of these terms may result in suspension or termination of your rights.

6. CONTRIBUTION LICENSE

By submitting feedback or suggestions, you grant us the right to use it without compensation.

You retain ownership of your content. We are not responsible for user-submitted content and are not liable for any claims arising from it.

7. LIABILITY

7.1 Licensor is only liable for intentional misconduct or gross negligence. For breaches of essential duties, liability for slight negligence is limited to foreseeable damages. This limitation does not apply in case of injury or death.

7.2 Licensor is not liable for damages resulting from a breach of Section 2. You are responsible for making backups where permitted. Any modifications may void your access.

8. WARRANTY

8.1 Licensor warrants the Application is free from malware at download.

8.2 No warranty is given if the Application is modified, misused, or used under external influences.

8.3 You must inspect the Application after installation and report defects within 30 days.

8.4 If a defect is confirmed, Swiftly Workspace BV may choose to repair or replace the Application.

8.5 In case of failure, notify Apple for a refund. Apple has no further warranty obligations.

8.6 For business users, claims expire 12 months after delivery. Statutory terms apply to consumers.

9. PRODUCT CLAIMS

Swiftly Workspace BV is responsible for addressing any claims regarding:

  • Product liability;

  • Non-compliance with regulations;

  • Privacy violations including use of HealthKit or HomeKit.

10. LEGAL COMPLIANCE

You confirm you are not located in an embargoed country or on any U.S. Government list of prohibited parties.

11. CONTACT INFORMATION

For general inquiries or complaints:
Ben Van Aken
✉️ info@swiftly-workspace.com

12. TERMINATION

The license remains valid until terminated by you or Swiftly Workspace BV. Upon termination, you must cease use and delete all copies of the Application.

13. THIRD-PARTY TERMS AND BENEFICIARY

Swiftly Workspace BV will comply with third-party terms. Apple and its subsidiaries are third-party beneficiaries and may enforce this agreement upon your acceptance.

14. INTELLECTUAL PROPERTY RIGHTS

In the case of IP rights violations involving the Application, Swiftly Workspace BV is solely responsible, not Apple.

15. APPLICABLE LAW

This License Agreement is governed by the laws of the courts of Mechelen, Belgium, excluding conflict of law rules.

16. MISCELLANEOUS

16.1 If any term is invalid, the remaining terms remain in effect. Invalid terms will be replaced by valid ones aligned with the original intent.

16.2 Changes and amendments are only valid if in writing. This clause may only be waived in writing.