Effective December 2, 2025
Enterprise Terms of Use
This Enterprise Terms of Service (“Terms”) are entered into by and between Sweep360 Inc., with its principal office located at 1701 Rhode Island Ave. NW, Washington DC 20036, and the entity designated as customer when you registered for the Services, or agreed to an Order (if applicable, and defined herein) (“you” or “your”). The Terms are effective on the earlier of (a) your initial access and use of the Services, and (b) the effective date set forth on the Order (“Effective Date”). These Terms govern our enterprise customers’ (each, an “Enterprise Customer”) use, and Sweep’s provision of any Sweep product or service that contains a link to these Terms, including any website operated by or on behalf of Sweep with a link to these Terms (collectively, the “Site”), any mobile application offered by Sweep with a link to these Terms (collectively, the “App” or “Application”), any onsite and other professional services (“Professional Services”), and any content, information, services, features, or resources available or enabled on the Site and the App (collectively, the “Services”).
Your use of the Services may be subject to any additional terms, conditions, and policies that we separately post on the Services and any agreements that you have separately executed with Sweep (“Supplemental Terms”) and any order form, confirmation email, or other written acknowledgement of an order placed for the Services or Professional Services pursuant to these Terms (each, an “Order”) each of which are incorporated by reference into these Terms (together, the “Agreement”). Except as expressly provided herein, to the extent there is any conflict between these Terms and any Supplemental Terms or Order, the Supplemental Terms or Order (as applicable) will control with respect to the Services or feature to which the Supplemental Terms or Order relates.
ACCEPTANCE
BY SELECTING “I ACCEPT,” OR OTHERWISE ACCESSING OR USING THE SERVICES, OR ANY PORTION THEREOF, YOU ACKNOWLEDGE AND AGREE THAT: (i) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE AGREEMENT; (ii) YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE; AND (iii) YOU ARE NOT A PERSON OR ENTITY BARRED FROM USING THE SERVICES UNDER THE LAWS OF THE UNITED STATES, YOUR PLACE OF RESIDENCE OR ANY OTHER APPLICABLE JURISDICTION. YOU FURTHER REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT (ON BEHALF OF THE ENTITY THAT YOU REPRESENT). IF THE INDIVIDUAL ENTERING INTO THE AGREEMENT OR OTHERWISE ACCESSING OR USING THE SERVICES IS DOING SO ON BEHALF OF, OR WITHIN HIS OR HER CAPACITY AS A REPRESENTATIVE, AGENT, OR EMPLOYEE OF AN ENTITY, SUCH INDIVIDUAL AND SUCH ENTITY AGREES THAT: (i) THE TERMS “YOU” AND “YOUR” AS USED HEREIN APPLY TO SUCH ENTITY AND SUCH INDIVIDUAL; AND (ii) THAT THE INDIVIDUAL ENTERING INTO THE AGREEMENT HAS THE POWER, RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT ON BEHALF OF SUCH ENTITY. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES.
THE AGREEMENT IS SUBJECT TO CHANGE BY SWEEP IN SWEEP’S SOLE DISCRETION AT ANY TIME.
When changes are made, Sweep will make a new copy of the Terms on the Site and, to the extent applicable, in the App, and any new Supplemental Terms will be made available from within, or through, the affected Services. We will also update the “Last Updated” date at the top of the Terms. If we make material changes to the Terms, we may (and, where required by law, will) also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail if you have an Account (as defined in Section 2.1) or another manner through the Services (which may include posting an announcement on the Site or App). Sweep may require you to provide consent to the updated Agreement in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you must stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SITE, AND AS APPLICABLE, THE APP TO VIEW THE THEN-CURRENT TERMS.
1. Use of our Services.
1.1 The Services
(A) Generally. Sweep is the personal cyber expert for individuals and teams. Sweep combines Augmented Reality and Artificial Intelligence to provide mobile workers with personalized cyber expertise wherever they go. Sweep visualizes your environment and provides real-time updates on nearby cyber threats, network / security, or situational vulnerabilities. You can track your performance and milestones with personalized statistics and badges, team up with peers in groups of users, each group, a “User Group,” to compete and to be at the top of the leaderboard by using the App consistently as you aim to reduce cyber threats for yourself and your peers.
(B) Sweepstakes, Contests, and Promotions. Periodically, Sweep and/or its partners may organize sweepstakes, contests, and similar promotions on the Services (each a "Promotion"). In addition to these Terms, Promotions will be subject to certain Supplemental Terms which we will provide to you at the time of these Promotions (“Promotional Terms“). Your participation in a Promotion will be subject to the applicable Promotional Terms.
1.2 The Right to Use Our Services
The Services, and any parts thereof, are protected by copyright laws throughout the world. Subject to the Agreement, Sweep grants you the right to access and use the features and functionality of the Site. Unless otherwise specified by Sweep in a separate license, your right to use any part of the Services is subject to the Agreement. Sweep, its suppliers, and service providers reserve all rights not granted in the Agreement. Any unauthorized use of any part of the Services terminates the licenses granted by Sweep pursuant to the Agreement.
1.3 Application License
For any App made available as part of the Services, Sweep grants you, subject to your compliance with the Agreement, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the App on a single mobile device or computer that you own or control and to run such copy of the App solely for your own personal use. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store (an “App Store-Sourced Application”), you will only use the App Store-Sourced Application: (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system); and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
1.4 Updates
You understand that the Services are evolving. You acknowledge and agree that Sweep may update the Services with or without notifying you. You may need to update third-party software from time to time in order to use the Services. Any future release, update or other addition to the Services shall be subject to the Agreement.
1.5 Certain Restrictions
By accessing and using the Services you agree that you will not, and will not permit any Authorized User or third party to: (a) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services or any portion of the Services, including the App, or any content displayed thereon; (b) use any metatags or other “hidden text” using Sweep’s name or trademarks; (c) frame or utilize framing techniques to enclose any trademark, logo, or other Sweep content (including images, text, page layout or form) of Sweep; (d) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse-compile or reverse-engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) access or use the Services in order to build a similar or competitive website, product, or service; and (f) use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages or components of the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from web pages in the Services for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials). All copyright and other proprietary notices on the Services (or on any content displayed on the Services) must be retained on all copies thereof.
1.6 No Support or Maintenance; Necessary Equipment
You acknowledge and agree that except as expressly set forth in an Order Sweep will have no obligation to provide you with any support or maintenance in connection with the Services. As between us and you, you are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.
1.7 Professional Services
Where the parties have agreed to Sweep’s provision of Professional Services, they will enter into an Order specifically governing the provision of the required Professional Services. The Order will incorporate the terms and conditions of this Agreement. Sweep shall use commercially reasonable efforts to perform the Professional Services and Sweep will perform the Professional Services in a professional manner in accordance with industry standards. To the extent that a conflict arises between the terms and conditions of the Order and the terms of this Agreement, the terms and conditions of this Agreement will govern. The Order will include: (a) a description of the Professional Services; (b) the schedule for the performance of the Professional Services; (c) the ownership rights with respect to the work product resulting from the performance of the Professional Services (and if no such provision is provided, all ownership rights are and shall be vested in Sweep immediately); and (d) Sweep’s then-current rates for the performance of the Professional Services.
1.8 Ownership
Excluding any User Content that you may provide (defined in Section 4.1 below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by Sweep or Sweep’s suppliers. Neither the Agreement (nor your access to the Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 1. Sweep and its suppliers reserve all rights not granted in the Agreement. There are no implied licenses granted under the Agreement.
2. Registration and Accounts
2.1 Registration & Account Creation
In order to access and use certain features of the Services, a representative acting on your behalf and any user authorized to access the Services under your Account (each, an “Authorized User”) may need to register or create an account on the Services (“Account”) and provide certain information about such Authorized User and the entity such Authorized User represents as prompted by the account registration form, including (but not limited to) such Authorized User’s name, an e-mail address, photograph, and password. You may have to send invitations to invite Authorized Users to join or otherwise approve their registration. You agree on behalf of all Authorized Users to provide information required for your use of the Services that is, and to update such information so it remains, true, accurate, current and complete. Sweep reserves the right to establish eligibility criteria to use the Services, and in some cases, at our sole discretion, impose limitations or restrictions on certain Accounts including, but not limited to, deletion of Accounts. You acknowledge and agree that all Authorized Users under your Account are required to accept the terms and conditions of our Terms of Use Agreement at https://www.sweep360.ai/terms-of-use (“Terms of Use”) to access the features and functions of the Services.
2.2 Account Responsibility
You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account and all Authorized Users’ Accounts. You agree to immediately notify Sweep of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. You agree not to create an Account using a false identity or false information, or on behalf of someone other than yourself. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Services by minors. Sweep cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. If any Authorized User is no longer an employee or contractor of yours, then you will promptly require the deletion of such Authorized User’s Account.
2.3 Access via Third-Party Services
You may have the opportunity to access the Services through certain third-party services (e.g., Google Mail, Apple Mail) (“TPS”) as part of the functionality of the Services. If you connect via a TPS, you may link your Account with a TPS, by allowing Sweep to access your TPS, as is permitted under the applicable terms and conditions that govern your use of each TPS. You represent that you are entitled to grant Sweep access to your TPS account (including, for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable TPS. By granting Sweep access to any TPS accounts, you understand that Sweep may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Services that you have provided to and stored in your TPS account (“TPS Content”) so that it is available on and through the Services. Unless otherwise specified in the Agreement, all TPS Content will be considered to be User Content (as defined below). Depending on the TPS account you choose and subject to the privacy settings that you have set in such TPS account, personally identifiable information that you post to your TPS account may be available on and through the Services. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY TPS ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND SWEEP DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Sweep is not responsible for any TPS Content, including but not limited to, accuracy or legality of, or infringement by, the TPS Content.
3. Payment.
3.1 Payment
You agree to pay all fees or charges (“Fees”) to your Account in accordance with the fees, charges and billing terms in effect at the time a Fee is due and payable, or in accordance with the terms otherwise presented to you by Sweep. By providing Sweep and/or our Payment Processor (as defined below) with your payment method (e.g., valid credit card), you agree that Sweep and/or our Payment Processor is authorized to immediately invoice your Account for all Fees due and payable to Sweep hereunder and that no additional notice or consent is required. Unless otherwise stated on an Order, all Fees are due and must be paid in advance in accordance with the terms of an Order. You shall immediately notify Sweep of any change in your payment information to maintain its completeness and accuracy. Sweep reserves the right at any time to change its prices and billing methods in its sole discretion. You agree to have sufficient funds or credit available upon placement of any order to ensure that the purchase price is collectible by us. Your failure to provide accurate payment information to Sweep and/or our Payment Processor or our inability to collect payment constitutes your material breach of this Agreement. SWEEP RESERVES THE RIGHT TO CHANGE ITS FEE STRUCTURE FOR ACCESS TO AND USE OF ANY OF THE SERVICES IN THE FUTURE.
3.2 Payment Processor
Sweep currently uses Stripe, Inc., as its third-party service providers for payment services (e.g., card acceptance and related services) (each, a “Payment Processor”). By making a purchase on the Site or the App, or in accordance with an Order, you agree that Sweep may share any information and payment instructions you provide with its applicable Payment Processor to the minimum extent required to complete your transaction. You agree to be bound by Stripe’s privacy policy and terms of service (Stripe’s Privacy Policy is currently accessible at https://stripe.com/us/privacy and its Terms of Service agreement is currently accessible at https://stripe.com/ssa). You hereby consent and authorize Sweep and any of our Payment Processors to share any information and payment instructions you provide to the minimum extent required to complete your transactions.
For your protection, our Payment Processors may use various fraud prevention protocols and industry-standard verification systems to reduce fraud, and you authorize it to verify and authenticate your payment information. Your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. In some jurisdictions, our Payment Processor may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services.
3.3 Expenses
You agree to pay the reasonable and necessary out-of-pocket expenses incurred by Sweep in furtherance of its performance of any Services or Professional Services, provided that such expenses are expressly identified and agreed upon in an Order. Upon request, Sweep will provide copies of supporting documentation as may be reasonably appropriate for you or your accountants to confirm the nature and amount of any such expenses.
3.4 Refunds
Unless otherwise determined by Sweep, all Fees for the Services are non-refundable. If you have any requests for a refund, or if you think a correction should be made to any Fees you incurred, please contact us at team@sweep360.ai to initiate such requests within fourteen (14) days after you incurred such Fees or we will have no additional responsibility and you waive your right to later dispute the amounts charged. After reviewing the details in connection with any payment dispute, we may, at our sole discretion, issue you a refund or credit to use toward future purchases on the Services.
3.5 Taxes
The subtotal of Fees presented to you on the Service prior to making a purchase does not include Sales Tax (defined below) that may be due in connection with such purchase. If Sweep determines it has a legal obligation to collect Sales Tax from you in connection with this Agreement, Sweep shall collect such Sales Tax in addition to the subtotal Fees, and the subtotal Fees and Sales Tax shall comprise the total Fees for any purchase. For purposes of this section, “Sales Tax” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
4. USER CONTENT
4.1 User Content
“User Content” means any and all information and content that a user submits to, or uses with, the Services (e.g., User Content may include information you include in your profile or in your User Groups). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate Section 5. You further represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display your User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in your User Content. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Sweep. Because you are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates Section 5. Sweep is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
4.2 License
You hereby grant (and you represent and warrant that you have the right to grant) to Sweep an irrevocable, nonexclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in connection with the Services. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
4.3 Enforcement
We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you or any Authorized User violates Section 5 or any other provision of the Agreement or our Terms of Use or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account (or an Authorized User’s account) in accordance with Section 11, and/or reporting you to law enforcement authorities.
4.4 Your Data
Please visit our Privacy Policy for more information on how we collect, use, and safeguard Personal Information (as defined therein).
4.5 Feedback
If you provide Sweep with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to Sweep all rights in such Feedback and agree that Sweep shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Sweep will treat any Feedback you provide to Sweep as non-confidential and non-proprietary. You agree that you will not submit to Sweep any information or ideas that you consider to be confidential or proprietary.
5. Acceptable Use Policy.
You agree not to, and to not allow any Authorized User or third party to: (a) use the Services to upload, transmit, display, or distribute any User Content that (i) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party, or is otherwise objectionable; (b) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (c) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (d) abuse other users’ personal information that you receive through the Services, such as to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (e) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (f) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means; (g) interfere with any other user’s use and enjoyment of the Services; (h) impersonate any person or entity, including any employee or representative of Sweep; (i) record or screen-capture Content that is made available to you on the Services; or (j) use software or automated agents or scripts to produce multiple accounts on the Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Services (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
6. Sweep Communications.
6.1 E-Mail
You may have the opportunity to provide us with your e-mail address. By providing your e-mail address to us, you consent to receive e-mail communications from Sweep. E-mail communications from Sweep may include communications about the Services including invitations to join a User Group. If you opt-in to receive marketing or promotional e-mail communications from us, you will have the ability to opt out of receiving such communications by following the unsubscribe instructions in the communication itself. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL E-MAILS AS A CONDITION OF USING THE SERVICES. CONSENT TO THESE PROMOTIONAL MESSAGES IS NOT REQUIRED TO ACCESS THE SITE OR SERVICES.
6.2 Push Notifications
By entering into this Agreement or using the App, you agree to receive push notifications from us. Such communications from us may include but are not limited to operational communications concerning your Account and your use of the App, or reminders of potential cyber threats in your environment and changes in your digital environment.
6.3 Electronic Communications
The communications between you and Sweep use electronic means, whether you use the Services or send us e-mails, or whether Sweep posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Sweep in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Sweep provides to you electronically satisfy any legal requirement that such communications would satisfy if they were to be in a hardcopy writing. The foregoing does not affect your non-waivable rights, or your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq.
7. Indemnifications.
You agree to indemnify and hold Sweep (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) yours or any Authorized User’s use of the Services, (b) your User Content, (c) your violation of the Agreement, or (d) your violation of applicable laws or regulations. Sweep reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Sweep. Sweep will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
8. Third-Party Links and Applications; Other Users.
8.1 Third-Party Links and Applications
The Services may contain links to third-party websites and services, and applications for third parties (collectively, “Third-Party Links and Applications”). Such Third-Party Links and Applications are not under the control of Sweep, and Sweep is not responsible for any Third-Party Links and Applications. Sweep provides access to these Third-Party Links and Applications only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links and Applications. You use all Third-Party Links and Applications at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links and Applications, the applicable third-party’s terms and policies apply, including the third-party’s privacy and data-gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links and Applications.
8.2 Other Users
Each user of the Services is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other users are solely between you and such users. You agree that Sweep will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user of the Services, we are under no obligation to become involved. Provided, however, we reserve the right to intercede in such disputes at our sole discretion.
9. Disclaimers.
9.1 Generally
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND NO GUARANTEES REGARDING OUTCOMES OR PERFORMANCE. WE HAVE NO LIABILITY FOR RESULTS IN CONNECTION WITH THE SERVICES OR THE ACTIONS OR OMISSIONS OF ANY USER. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT WHETHER PROVIDED BY SWEEP OR ANOTHER USER OF THE SERVICES. SWEEP (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE – INCLUDING WITHOUT LIMITATION HIGH-RISK ACTIVITIES, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
WE PROVIDE YOU ALERTS BASED ON THE WIFI, BLUETOOTH, AND UWB DATA MADE AVAILABLE TO US. WE DO NOT GUARANTEE THE ACCURACY OF INFORMATION WE PROVIDE YOU. THE SERVICES ARE NOT FAULT-TOLERANT AND ARE NOT DESIGNED OR INTENDED FOR HIGH-RISK ACTIVITIES SUCH AS USE IN HAZARDOUS ENVIRONMENTS OR ANY OTHER SITUATION IN WHICH THE FAILURE OF THE SOFTWARE OR SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE. SWEEP MAKES NO WARRANTY OR REPRESENTATION THAT USE OF THE SERVICES WILL AFFECT OR INCREASE ANY LEVEL OF SAFETY OR SECURITY. YOU ACKNOWLEDGE THAT THE SERVICES ARE NOT INTENDED TO BE 100% RELIABLE AND WE CANNOT AND DO NOT GUARANTEE THAT YOU WILL RECEIVE ALERTS OR NOTIFICATIONS IN ANY GIVEN TIME FRAME OR AT ALL. YOU UNDERSTAND AND AGREE THAT THE SERVICES DO NOT ELIMINATE OCCURRENCES OF EVENTS, SUCH AS MALWARE ATTACKS, SECURITY BREACHES, OR OTHER SECURITY-RELATED INCIDENTS, AND YOU AGREE NOT TO PURCHASE OR RELY ON THE SERVICES TO ELIMINATE SUCH OCCURRENCES OF EVENTS. FURTHER, YOU UNDERSTAND AND AGREE THAT THE SERVICES MAY NOT AVERT OR MINIMIZE SUCH OCCURRENCES OF EVENTS, OR THEIR CONSEQUENCES, AND, THEREFORE, SWEEP MAKES NO EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE) THAT THE SERVICES WILL SO AVERT OR MINIMIZE SUCH OCCURRENCES OF EVENTS, OR THEIR CONSEQUENCES. WITHOUT LIMITING ANYTHING ELSE SET FORTH HEREIN, SWEEP DOES NOT REPRESENT OR WARRANT THAT IT WILL IDENTIFY OR REMEDIATE ANY THREATS OR INDICATORS OF COMPROMISE AND SWEEP IS NOT LIABLE FOR ANY FAILURES TO DO SO.
YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK, AND THAT YOU WILL NOT USE THE SERVICES TO VIOLATE ANY APPLICABLE LAW, REGULATION, EVENT POLICIES, OR INSTRUCTIONS AS OUTLINED IN THESE TERMS AND YOU WILL NOT ENCOURAGE OR ENABLE ANY OTHER INDIVIDUAL TO DO SO.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10. Limitation on Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SWEEP (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES OR ANY PART THEREOF, EVEN IF SWEEP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE TO SWEEP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THE AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SWEEP AND YOU.
11. Term and Termination.
Subject to this Section, the Agreement will remain in full force and effect while Your account to use the Services remains active or through the term stated on any active Order (whichever is later). Either party may terminate this Agreement immediately upon notice to the other party if the other party materially breaches this Agreement, and such breach remains uncured more than thirty (30) days after receipt of written notice of such breach. We may suspend or terminate any Authorized User’s rights to use the Services (including such user’s Account) at any time in accordance with our end-user terms of use agreement located at https://www.sweep360.ai/terms-of-use. You understand that any termination of your Account or any individual Authorized User’s account, may involve deletion of your User Content associated with your Account from our live databases. Sweep will not have any liability whatsoever to you for any termination of your rights under the Agreement, including for termination of your Account or deletion of your User Content. Even after your rights under the Agreement are terminated, the following provisions of the Agreement will remain in effect: Sections 1.5, 1.6, 1.8, 2.2, 2.3 and 3 - 14.
12. Copyright Policy.
Sweep respects the intellectual property of others and asks that users do the same. In connection with our delivery of the Services, we have adopted and implemented a copyright policy that provides for the removal of any infringing materials posted to the Services and for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of intellectual property rights, including copyrights. If you believe that a user is unlawfully infringing the copyright(s) in a work through its use of the Services, and wish to have the allegedly infringing material removed, provide the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) to our designated Copyright Agent:
(a) your physical or electronic signature;
(b) identification of the copyrighted work(s) that you claim to have been infringed;
(c) identification of the material on the Services that you claim is infringing and that you request us to remove;
(d) sufficient information to permit us to locate such material;
(e) your address, telephone number, and e-mail address;
(f) a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
(g) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Sweep’s designated Copyright Agent:
Designated Agent: Copyright Manager
Address of Agent: 1701 Rhode Island Ave. NW, Washington DC 20036 Attn: Sweep Operations.
Telephone: (202) 670-9101
13. Arbitration Clause and Class Action Waiver.
13.1 Governing Law
The Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of New York without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. You hereby expressly consent to the personal jurisdiction and venue in the state and federal courts of New York, New York, for any lawsuit filed arising from or related to the Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Agreement.
13.2 Arbitration.
The parties agree to resolve all disputes arising under or in connection with the Agreement through binding arbitration. A party who intends to seek arbitration must first send a written notice of the dispute to the other party. The parties will use good faith efforts to resolve the dispute directly, but if the parties do not reach an agreement to do so within thirty (30) days after the notice is received, either party may commence an arbitration proceeding. The arbitration will be confidential and conducted in accordance with the applicable rules of the American Arbitration Association (“AAA”). The arbitration will be conducted in English in New York, New York. If the parties do not agree on an arbitrator, the arbitrator will be selected in accordance with the applicable rules of the AAA for the appointment of an arbitrator. The arbitrator’s decision will be final and binding on both parties. Notwithstanding the foregoing, this Section 13.2 will not prohibit either party from seeking injunctive or other equitable relief in a court of competent jurisdiction.
14. General.
14.1 App Stores
You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple App Store (an “App Store”). You acknowledge that the Agreement is between you and Sweep and not with the App Store. Sweep, not the App Store, is solely responsible for the Services, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all terms of agreement imposed by the applicable App Store when using any Services, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it. You acknowledge Apple (the “App Provider”) has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Application. In the event of any failure of the App Store-Sourced Application to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App Store-Sourced Application to you and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App Store-Sourced Application. As between Sweep and the App Provider, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Sweep. You and Sweep acknowledge that, as between Sweep and the App Provider, the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App Store-Sourced Application or your possession and use of the App Store-Sourced Application, including, but not limited to: (a) product liability claims; (b) any claim that the App Store-Sourced Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. You and Sweep acknowledge that, in the event of any third-party claim that the App Store-Sourced Application or your possession and use of that App Store-Sourced Application infringes that third-party’s intellectual property rights, as between Sweep and an App Provider, First Party, not the App Provider, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement. Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store-Sourced Application.
14.2 Assignment
The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Sweep’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
14.3 Force Majeure
Sweep shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor, or materials.
14.5 Notice
Where Sweep requires that you provide an e-mail address, you are responsible for providing Sweep with your most current e-mail address. In the event that the last e-mail address you provided to Sweep is not valid, or for any reason is not capable of delivering to you any notices required/permitted by the Agreement, Sweep’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Sweep at the following address: 1701 Rhode Island Ave. NW, Washington DC 20036. Such notice shall be deemed given when received by Sweep by letter delivered by a nationally-recognized overnight delivery service or first-class postage prepaid mail at the above address.
14.6 Waiver
Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
14.7 Severability
If any portion of the Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
14.8 International Users
The Site and other parts of the Services can be accessed from countries around the world and may contain references to services and content that are not available in your country. These references do not imply that Sweep intends to announce such services or content in your country. The Services are controlled and offered by Sweep from its facilities in the United States of America. Sweep makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.
14.9 Export Controls
The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Sweep, or any products utilizing such data, in violation of the United States export laws or regulations.
14.10 Copyright/Trademark Information
Copyright © 2024, Sweep360 Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. All goodwill generated from the use of any Sweep Marks will inure to Sweep’s benefit.
14.11 Entire Agreement
The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
