Terms and Conditions

HEADING 1: Acceptance of the Terms and Conditions

These terms and conditions are entered into by and between you and SwipeSum, Inc. ("Company", "we", or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms and Conditions"), govern your access to and use of https://www.staitment.com/ (the "Website"), including the Platform (defined below) and any other content, functionality, and services offered on or through the Website, whether as a guest or a registered user.

Please read these Terms and Conditions carefully before you start to use the Website. By using the Website or by clicking to accept or agree to these Terms and Conditions when this option is made available to you, you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy, found at https://www.staitment.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms and Conditions or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who 16 years of age or older. By registering for or using any services offered through this Website, you represent and warrant that you are of legal age to form a binding contract with the Company. If you do not meet all of these requirements, you must not access or use the Website.

HEADING 2: The Platform

The Website offers a web-based software platform (the "Platform") that reads credit card processing statements and breaks down each statement into a simple, comprehensive summary ("Analysis").  The Platform also allows users to create cost-comparison sales proposals ("Sales Proposals") from statement reports, which can be shared online with colleagues and clients. 

HEADING 3: License to Use the Platform

Subject to and conditioned upon your payment of all Fees (defined below) and your strict compliance with these Terms and Conditions, when you register to use the Platform, the Company grants you a non-exclusive, non-transferable, non-sublicensable, limited license to use the Platform solely as set forth herein. This license grants you the right to:

• Use the Platform, and any Analyses and Sales Proposals generated by the Platform, in accordance with these Terms and Conditions and solely for your personal or internal business purposes.
• Download any Analyses and/or Sales Proposals generated by the Platform, and distribute Sales Proposals internally and to your clients.
• If you are an entity, provide your login information to one or more authorized users within your organization ("Authorized Users") to use the Platform in connection with your business purposes. The Platform provides entities with the ability to set access and security permissions for Authorized Users to limit access to statements uploaded onto, and Analyses produced by, the Platform. Note that individual subscribers are prohibited from sharing their account and/or login information with third parties.
• Process a limited number of statements through the Platform in accordance with your selected license. In the event you exceed your monthly statement allowance, you will be charged an additional Thirty Dollars ($30) per statement processed during such billing period. This fee is subject to change without notice.

Except as otherwise provided herein, you shall not, and shall not require any of your Authorized Users (if applicable), to directly or indirectly:

• use the Platform in a manner that is beyond the scope of the license granted to you;
• provide any other third party, including any subcontractor, independent contractor, affiliate, or service provider, with access to or use of the Platform through your account;
• modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Platform or any part thereof;
• combine the Platform or any part thereof with, or incorporate the Platform or any part thereof in, any other programs;
• reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Platform or any part thereof;
• remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices provided on or with the Platform or any Analysis or Sales Proposal, including any copy thereof;
• except as otherwise provided herein, copy the Platform or any Analyses or Sales Proposals;
• rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform to any third party for any reason;
• use the Platform or any Analyses or Sales Proposals in violation of any law, regulation, or rule; or
• use the Platform, or any Analyses or Sales Proposals, for purposes of competitive analysis of the Platform, the development of a competing software product or service, or any other purpose that is to the Company's commercial disadvantage.

You are responsible and liable for all uses of the Platform through your account, as well as any Analyses and Sales Proposals that you share with third parties.  Without limiting the generality of the foregoing, you are responsible and liable for all actions and failures to take required actions with respect to the Platform by your Authorized Users (if applicable) or by any third party to whom you or an Authorized User (if applicable) may provide access to or use of the Platform and/or Analyses or Sales Proposals, whether such access or use is permitted by or in violation of these Terms and Conditions.

You acknowledge and agree that the Platform and all Analyses and Sales Proposals are provided under license, and not sold, to you. You do not acquire any ownership interest in the Platform or any Analyses or Sales Proposals under your license or any other rights thereto, other than to use the same in accordance with the license granted and subject to all terms, conditions, and restrictions under these Terms and Conditions.  If you acquire any rights in the Analysis or Sales Proposal by operation of law or otherwise, Licensee hereby irrevocably assigns such rights to Licensor without further action by either party. The Company reserves and shall retain its entire right, title, and interest in and to the Platform and all Analyses and Sales Proposals produced through the Platform, and all intellectual property rights arising out of or relating to the Platform and such Analyses and Sales Proposals, except as expressly granted to you under these Terms and Conditions.

You will have access to each statement you upload to the Platform, as well as all Analyses and Sales Proposals generated from such statement, for up to one (1) year after the date of upload.

HEADING 4: Accessing the Website and Platform; Account Security

We reserve the right to withdraw or amend this Website and the Platform, and any service or material we provide on the Website or the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or Platform, or the entire Website or Platform, to users, including registered users of the Platform.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website and Platform.
• Ensuring that all persons who access the Website and/or Platform through your internet connection are aware of these Terms and Conditions and comply with them.

To access the Website, Platform or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website, the Platform or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and, except as otherwise provided herein, agree not to provide any other person with access to this Website, the Platform or portions of the Website or Platform using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.

HEADING 5: Payment

For access to and use of the Platform, you may be required to provide your credit card or other bank account information and pay the Company such fees ("Fees") as set forth on our Website, which are subject to change from time to time. You hereby authorize the Company to bill such payment method in accordance with the terms of the applicable payment plan you select. Posted prices do not include taxes or other charges. All such taxes and charges will be added to your total and will be itemized in your bill and/or invoice.  

The Company offers various license packages with either subscription-based or per-analysis payment options. Current offerings can be found on our Website and are subject to change from time to time.

If you purchase a subscription-based license, you authorize the Company to maintain your credit card and/or bank account information and automatically charge that credit card or account each month or year until your license expires or is terminated. You can cancel your license at any time by contacting us at michael@swipesum.com or through your account profile on the Website. You must cancel your license at least three (3) days prior to the next billing cycle to avoid charge for the next billing cycle. In the event that the Company is unable to charge your account as authorized by you when you registered for the Platform, the Company, may, in its sole discretion: (i) bill you and suspend your access to the Platform until payment is received, and/or (ii) seek to update your account information through third party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you.  

Per-analysis licenses are billed on either a monthly or yearly basis, in accordance with the package you select.

We reserve the right to change the Fees anytime without notice. Your continued use of the Platform after a price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Platform other than U.S. taxes based on the Company's net income.

HEADING 6: Sharing Sales Proposals

The Platform may provide certain features that enable you to send emails or other communications with certain content, including Sales Proposals.

You may use these features solely as they are provided by us and in accordance with any additional terms and conditions we provide with respect to such features. 

HEADING 7: Intellectual Property Rights

The Website, the Platform and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print, copy and download any Analyses, Sales Proposals and other documents prepared by the Platform for your own use and for the use of your clients. You may share and distribute Sales Proposals to your clients online or via download.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or Platform in breach of these Terms and Conditions, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.

HEADING 8: Trademarks

The Company name, logo and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

HEADING 9: Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:

• In any way that violates a license to use the Platform.
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

HEADING 10: Reliance on Information

All information presented on or through the Website and the Platform, including all Analyses and Sales Proposals, is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including testimonials. All statements and/or opinions expressed in these materials are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

HEADING 11: Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

HEADING 12: Information About You and Your Visits to the Website

All information we collect on this Website and the Platform is subject to our Privacy Policy. By using the Website or Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

HEADING 13: Other Terms and Conditions

Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms and Conditions.

HEADING 14: Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms and Conditions.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable any links at any time without notice in our discretion.

HEADING 15: Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

HEADING 16: Geographic Restrictions

The owner of the Website is based in the State of Missouri in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

HEADING 17: Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, the Website or our Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE (OR ON ANY WEBSITE LINKED TO IT) OR ANY REPORTS OR SALES PROPOSALS CREATED BY THE PLATFORM.

YOUR USE OF THE WEBSITE, THE PLATFORM, THEIR CONTENTS, AND ANY SERVICES OR MATERIALS OBTAINED THROUGH THE WEBSITE OR PLATFORM IS AT YOUR OWN RISK. THE WEBSITE, THE PLATFORM, THEIR CONTENTS, AND ANY SERVICES OR MATERIALS OBTAINED THROUGH THE WEBSITE OR PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, THE PLATFORM, THEIR CONTENTS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

HEADING 18: Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE AND/OR PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

HEADING 19: Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website and/or Platform, including, but not limited to, any use of the Website's or Platform's content, services, and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Website or Platform.

HEADING 20: Governing Law and Jurisdiction

All matters relating to the Website and these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or the Website and Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Missouri in each case located in the City of St. Louis and County of St. Louis although we retain the right to bring any suit, action or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

HEADING 21: Arbitration

At the Company's sole discretion, it may require you to submit any disputes arising from the use of these Terms and Conditions or the Website or Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Missouri law.

HEADING 22: Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE WEBSITE OR PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

HEADING 23: Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms and Conditions will continue in full force and effect.

HEADING 24: Entire Agreement

These Terms and Conditions, our Privacy Policy and any other terms now or hereafter provided by the Company constitute the sole and entire agreement between you and the Company regarding the Website and Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and Platform.

HEADING 25: Changes to these Terms and Conditions

We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website and Platform thereafter.

Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

HEADING 26: Your Comments and Concerns

This website is operated by SwipeSum, Inc. All other feedback, comments, requests for technical support, and other communications relating to the Website and/or Platform should be directed to: michael@swipesum.com.

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