Terms of Use

Last updated on 8 July 2021

Introduction

Welcome to Switcher Solutions Terms of Service! The first portion of our Terms of Service is an introduction, which is structured like an FAQ and lays out some high-level concepts before diving into other terms.

What documents make up the TOS?

We refer to the Terms of Service as the “TOS”.

Whom does this TOS apply to? When we refer to “Switcher” or we use pronouns like “we”, “us” or “our”, we are referring to Switcher Solutions W.L.L as well as its parents, affiliates and subsidiaries. When we refer to the “User”, we are talking about you, and we will also use words like “you” and “your” to refer to you. Who “you” are can get more complicated if you are using our services on behalf of a company, organization, or other entity. In that case, you are representing to us that you have the authority to bind your company, organization, other entity to this TOS and that you agree to be legally bound by this TOS on behalf of such entity (and “User”, “you”, and “your” then refer to such entity). If you aren’t sure what this means or whether you are authorized to bind your company, organization, or entity to this contract, you should ask others in your organization to get clarification about authority. This TOS is a binding contract between you and switcher and covers all of the offerings, websites, products, services, features, content, applications and other things we offer to users like you.

When does this TOS apply to me? Now that we have some common language, we want to ensure you understand when and how the TOS applies. First and foremost, you must understand that this is a binding legal contract that is required to use our products and Services. As such, you may only use our products and Services if you agree that you have read, understood, and consented to be bound by this TOS. If you sign up for Services or create an account through our Websites, this TOS takes effect when you click “I accept” or other functionality indicating your acceptance of its terms. If you purchase Services through a separate written contract, this TOS is incorporated into that contract, whether it is called out or not. Regardless of these other methods, when you access or use our products and Services, this TOS applies and is legally binding on you and to your access and use. These are common examples, and this paragraph does not necessarily include all the other ways you can become bound to this TOS. We will periodically differentiate between our websites such as switcher.app (which we will refer to collectively as the “Websites”) and all of our other services, such as our cloud infrastructure and other paid services (which we will refer to collectively as the “Services”). What happens with disputes under this TOS? One requirement of our TOS is that you must agree to resolve disputes arising under this TOS through binding arbitration directly between you and Switcher. In arbitration, a neutral arbitrator or panel of arbitrators will hear the arguments of both sides and decide on disputes in an expedient and cost-effective manner. You will still be able to pursue cases in court when those cases are for small claims, but all other claims will be subject to arbitration. You should understand that this means neither you nor switcher will have the opportunity to resolve some disputes in court before a judge or jury. You will be unable to pursue claims in a conventional trial and will not be able to participate in a court-based class action or similar proceeding.

1. Eligibility & Registration

Before you use our Products and Services, you must ensure that such use is in compliance with all laws, rules and regulations applicable to you. It is compulsory to agree to the General Terms of service & use. You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms. When you register for an account on Switcher Solutions to use our products and services, you agree to: 1.1- Provide and maintain accurate, current and complete information as may be prompted by any registration forms on Switcher Solutions. 1.2- Read and accept our “TOS”. 1.3- Selection of Service & provide forms of payment. 1.4- Maintain the security of your password(s), maintain and promptly update the Registration Data, and any other information that you provide to Switcher Solutions, and keep it accurate, current and complete.
1.5- Our Products and Services are not targeted towards, nor intended for use by, anyone under the age of 18. By using the Websites and Services, you represent and warrant to us that:
1.5.1- You are 18 years of age or older; or
1.5.2- You otherwise have sufficient legal consent, permission and capacity to use the Product and Services in applicable jurisdiction(s) as determined by you.

2. Customer's Responsibilities:

2.1- User Information: Customers agree to provide and maintain true, accurate, current and complete information about each User. 2.2- User Accounts: Customers are responsible for maintaining the confidentiality of each User's login credentials, including but not limited to username and password, and are fully responsible for any activity that occurs under each User account. Customer agrees to immediately notify Switcher of any unauthorized use of any User's account, or any other breach of security. 2.3- Timely Payments: Customers agree to make all payments in a timely manner in accordance with the Section on "Payments and Refunds" below. 2.4- Third Party Liability: In the event that the Customer appoints a third party to assist in any services or provide assistance, the Customer shall bear all the responsibility and liability of the Third Party and Switcher shall not directly deal with the third party (if appointed by the Customer) unless the Customer gives the approval for the same. Subsequently, it is mandatory that the Customer shall be looped in all communications. 2.5- Misuse of Services: You must not misuse Services by interfering with their normal operation or attempting to access them using a method other than through the interfaces and instructions provided by Switcher. You must not attempt to gain unauthorized access to any Service or content or its related systems or networks.

3. Rules of Conduct

3.1- You must use the Websites and Services in accordance with our Acceptable use policy (AUP), which is incorporated by reference. Accordingly, any use of the Products and Services in violation of the AUP shall constitute a breach of this TOS. 3.2- You are solely responsible for the activity that occurs on your Account, regardless of whether the activities are undertaken by you, your employees, any third party (including your contractors or agents), your End Users, your licensees, or your customers. 3.3- You are responsible for notifying your employees, agents, and others related to your use of the Websites and Services of the provisions of this TOS, including where the terms of the TOS are binding on them. 3.4- We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to
3.4.1- Respond to any applicable law, regulation, legal process or governmental request.
3.4.2- Enforce this TOS, including investigation of potential violations
3.4.3- Detect, prevent, or otherwise address fraud, security or technical issues
3.4.4- Respond to user support requests; or
3.4.5- Protect the rights, property or safety of us, our users and the public.

4. User Content:

4.1- You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content.

5. Proprietary Rights:

5.1- The customer is not entitled to copy, save, use, publish, license or create any derivative works from the services provided by Switcher without prior permission. 5.2- Switcher Solutions has the right to change the price of the packages as it sees fit, and the customer will be notified and the prices will be permanently updated on the Switcher website. 5.3- We do not claim any intellectual property rights over the materials you submit to the Switcher Service. All materials you upload remain your property. You can request to cancel your SWITCHER account/subscription and store it at any time. 5.4- You grant us permission to include your name, logos, and trademarks in our promotional and marketing materials and communications.

6. Usage/User Limitations:

6.1- Customers are not permitted to do the following: 6.1.1- Copy, rent, sell, reproduce, publish, broadcast, transmit or otherwise make the Service or the Content (or any part thereof) available to the public or allow or assist any other person to do so. 6.1.2- Attempting to interfere with or compromise the integrity or security of the system or decrypt any transmissions to or from the servers running the Service. 6.1.3- Take any action that imposes, or may impose, an unacceptable or disproportionate load on our infrastructure. 6.1.4- Upload incorrect data, viruses, worms, or other software agents through the system. 6.1.5- Impersonate any other person, provide false information about your affiliation with another person or entity, deal fraudulently, conceal     or attempt to conceal your identity. 6.1.6- Deliberately using or attempting to use fraudulent payment methods. 6.1.7- Bypass measures that we may use to prevent or limit access to the Services, including but not limited to features that prevent or restrict the use or copying of any Content, or enforce any restrictions on use of the Service or the Content of the Service. 6.1.8- Use the Service and the Content in any manner not expressly permitted by these Terms. 6.1.9- Access to or use of Service & Products, or the Content for any improper or illegal purposes or permit any other person to do so.

7. Payments and Refund:

7.1- There are no additional hidden fees that are not mentioned on the Switcher website www.switcher.app and Switcher is not entitled to change the agreed fees without notifying the customer at least one month. 7.2- The customer should pay the dues in advance, and in full within the agreed due date. Installments are prohibited. 7.3- Customers shall bear all the fees regarding the acquirer. 7.4- The customer has the right to request renewal or cancellation of the subscription at the end of the contract period without paying any additional fees for cancellation. 7.5- The customer is entitled to a full refund within a period of 15 days from the registration period, in the case of technical issues. 7.6- Switcher will refund the amount within a period of 7 Working Days. Switcher has the right to deduct any charges(fees) regarding any third-party expenses.

8. Third Party Services:

8.1- The Products and Services may include links to third party websites, services or other resources on the Internet, and third-party websites, services or other resources may include links to our Websites and Services as well. When you access third party resources on the Internet, you do so at your own risk. These third-party resources are not under our control, and, to the fullest extent permitted by law, we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such resources.

9. No Responsibility for Third-Party:

9.1- Switcher makes no representations or warranties in relation to any Third-Party Products. 9.2- We do not guarantee the accuracy, integrity or quality of any Third-Party Content, regardless of whether such products or services are designated as “certified,” “validated” or the like. Any interaction or exchange of information or data between you and any third-party is solely between you and such third-party. You should take precautions when downloading files from any platform to protect your computer from viruses and other destructive programs. If you decide to access any Third-Party Content, you fully assume the risk of doing so. Under no circumstances will Switcher be liable in any way for any Third-Party Content, including liability for any errors or omissions in any Third-Party Content or for any loss or damage of any kind incurred as a result of the use of or reliance on any Third-Party Content posted, emailed, linked or otherwise transmitted via the Services.

10. Service Availability (SLA):

10.1- Switcher utilizes AWS and digitalocean infrastructure to run switcher’s products and services, commercially reasonable efforts to make the Included Services each available for each AWS region with a Monthly Uptime Percentage of at least 99.99%, in each case during any monthly billing cycle (the “Service Commitment”).

11. Confidentiality:

11.1- Confidential Information includes but is not limited to: 11.1.1- nonpublic information about our technology, customers, business plans, marketing and sales activities, finances, operations and other business information; and 11.1.2- the existence and content of our discussions or negotiations with you regarding your Account and/or use of the Services. 11.1.3- Confidential Information does not include any information that: 11.1.3.1- is or becomes publicly available without breach of this TOS; 11.1.3.2- can be shown by documentation to have been known to you at the time of your receipt from us; 11.1.3.3- is received from a third party who did not acquire or disclose the information by a wrongful act or by violating the rights of us or third parties; or 11.1.3.4- can be shown by documentation to have been independently developed by you without reference to the Confidential Information.

12. Exclusion of Liability

12.1- Switcher solutions will not liable for any User loss, damage caused, suffered in the following cases: 12.2- We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. 12.3- We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 12.4- Upon termination of the Service or part of the Service without giving prior notice to a User. 12.5- Any misuse of the Service by any User where the misuse is as a result of non-adherence to reasonable security procedures or terms and conditions of the Service or any specific security procedures advised to the User by Switcher from time to time. 12.6- Where the User fails to notify the Switcher of any change in their e-mail address, mailing address or contact numbers. 12.7- Any errors or failures from any malfunction of the User’s Computer, Software, the Internet and Internet Service Provider, or any electronic virus or viruses that may infect Computer/Software that is used by the User. 12.8- Any industrial dispute or other matter outside Switcher’s control or the control of Switcher’s agents and sub-contractors; 12.9- Any failure by the User to check any notice and/or communication which Switcher may have sent via Secure e-mail; 12.10- Any loss of data, Software, Computer or other equipment caused by the use of the Service; Any loss arising after responding to Phishing emails.

13. Warranties and Liabilities

13.1- Switcher does not make any warranties or representations of any kind, express, implied or statutory, regarding the Service, including any representation or warranty of quality, performance or fitness for a particular purpose. Switcher does not represent or warrant that the Service provided therein will be complete, timely, uninterrupted or error-free, nor does it make any representation or warranty as to the results to be obtained from use of the Service. The Customer agrees that it shall use the Service at its own risk.

14. Termination Policy

14.1- The customer has the right to cancel the subscription at any time and he is not entitled to request compensation for the remainder of the contract period. 14.2- The request for cancellation must be sent at least one month before the date of cancellation to Switcher via the available communication means. 14.3- The customer cannot enter or access the Switcher systems after canceling the subscription. 14.4- After canceling a subscription, Switcher has the right to keep customer data for a period not exceeding 3 months. 14.5- In the event the customer requests to cancel the subscription, he must pay all the fees owed by him, if any. 14.6- The customer can return to the service if the term of the canceled contract has not expired without paying any additional fees within a period of 3 months since departure. 14.7- In the event the term of the canceled agreement expires, the customer must pay a new subscription fee in case he wishes to return to the service.

15. Modification of Terms of Service

15.1- Switcher reserves the right to update, change or otherwise modify this TOS on a going-forward basis at any time and in Switcher’s sole discretion. If Switcher updates this TOS, Switcher may provide notice of such updates, such as by sending an email notification to the email address listed in your Account and/or updating the “Last Updated” date at the beginning of this TOS. Updates will be effective on the date specified in the notice. By continuing to access or use the Products or Services after the date specified in the notice or updated TOS, you are agreeing to accept and be bound by the updated TOS and all of the terms incorporated therein. If you do not agree to the updated TOS, then you may not continue to use the Products or Services and your sole and exclusive remedy is to deactivate your Account and otherwise discontinue use of the Websites and/or Services.

16. Methods of Agreement

16.1- Electronic Communications (E-Sign Disclosure and Consent): 16.1.1- By using the Products and/or Services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

17. Support Services

17.1- Switcher is committed to providing technical support to the customer using available methods such as e-mail, by phone, remote control technology or field visit. 17.2- Switcher has the right to charge additional fees for technical support after the evaluation. 17.3- Switcher is committed to solving technical problems within a maximum period of 3 working days from the date of reporting the problem. 17.4- Technical support is not responsible for data entry, the customer is responsible for data entry. 17.5- Switcher may update and carry out scheduled maintenance of the Services, so Switcher may have to suspend access to, or functionality on, the Services from time to time. Switcher will notify you of any scheduled maintenance that may interrupt the Services.

18. Communications

18.1- The Service may include certain communications from Switcher, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages. 18.2- Administrative Access and Remote Access 18.2.1- Customer understands and agrees that in order to perform its roles, duties, responsibilities and obligations under this Agreement and Order Terms, Switcher and Switcher personnel may require access to the User’s Account and/or Operating Device, including the ability to log into the Server and perform administrative actions on the Server.

19. Backups

19.1- Server Failure: 19.1.1- In order to reduce the likelihood of data loss in case of Server failure, Switcher automatically and continuously replicates all databases, not including Your files, on Switcher-Hosted Instances to one or more backup Servers. Switcher aims to reduce the likelihood of any loss of data. However, these backups may be outdated by 30 minutes or more. Restoration of data from such a backup Server, or replacement of the previous Server with a backup Server, may result in a loss of data.
19.2- Automated Backups: 19.2.1- Switcher automatically creates backups of databases of all Switcher-Hosted Instances at regular intervals. Switcher maintains off-site copies of such backups in order to reduce the likelihood of large-scale loss in case of a disaster. Switcher does not create, and shall not be responsible for the creation of, automated backups of files in Your Switcher-Hosted Instances. Switcher shall not be responsible for any loss or damages caused as a result of failure to restore a backup before the expiry of such backup's retention period. 19.3- Manual Backups: 19.3.1- You may, at any time, create manual backups of databases and files of Switcher-Hosted Instances. You may download and maintain offline copies of backups of databases and files to ensure their safety, security and integrity.

20. Miscellaneous Provisions

20.1- Force Majeure 20.1.1- No failure or omission by Switcher to carry out its obligations or observe any of the stipulations or conditions of the Agreement shall give rise to any claims against the switcher or be deemed a breach of this Agreement, if such failure or omission arises from a cause of force majeure, such as acts of God, war or warlike hostilities, shortage of material or labor, or any other event outside the reasonable control of switcher.
20.2- Governing Law and Jurisdiction 20.2.1- This Agreement shall be governed by the laws of the Kingdom of Bahrain and any dispute arising out of this shall be subject to the jurisdiction of courts in Bahrain to the extent not contradicting with the principles and rules of the Islamic Sharia’a as interpreted by the Bank’s Sharia’a Board where the latter shall supersede in the event of contradiction.
20.3- ERRORS, INACCURACIES AND OMISSIONS 20.3.1- Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).