Legal

Terms of Service

Effective date: November 7, 2026 · Last updated: November 7, 2026

These Terms of Service (the "Terms") are an agreement between you and SwiftCart Media Limited, a company registered in Hong Kong with its business address at Unit B, 3/F., Kai Wan House, 146 Tung Choi Street, Mongkok, Kowloon, Hong Kong ("SwiftCart Media", "we", "us" or "our"). They apply to:

• your use of our website at swiftcartmedia.com (the "Website"); and
• the software design, development, publishing and maintenance services we provide to clients (the "Services").

By using the Website or engaging us for Services, you agree to these Terms. If you are accepting them for a company, you confirm that you have authority to bind that company.

1. Use of the Website

The Website gives general information about SwiftCart Media and our Services. You may use it for lawful purposes only. You must not try to disrupt it, gain unauthorised access to it, or copy its content for commercial use without our permission. The content and the "SwiftCart Media" name belong to SwiftCart Media Limited. Information on the Website is provided for general purposes and does not form an offer. Links to other websites are provided for convenience, and we are not responsible for them.

2. How we engage with clients

Every client project is based on a written proposal, quotation or statement of work (a "Proposal") that sets out the scope, deliverables, timeline and fees. A Proposal becomes binding when you accept it in writing (including by email) or pay the first invoice. The accepted Proposal and these Terms together form our agreement (the "Agreement"). If a Proposal or a separately signed contract conflicts with these Terms, the Proposal or contract takes priority for that project.

3. Client responsibilities

To help us deliver on time, you agree to:

• give us accurate information, content, feedback and approvals promptly;
• provide access to accounts, systems and materials we need, such as app store developer accounts, hosting, APIs and brand assets;
• make sure you have the rights to all content and materials you provide, and that your product complies with the laws that apply to it and with app store rules;
• name a contact person who can make decisions about the project.

Delays in your feedback, approvals or access may change the timeline.

4. Fees and payment

• Fees, currency and payment schedule are set out in the Proposal. Unless it says otherwise, invoices are payable within 14 days of the invoice date.
• Fixed-price projects are normally invoiced in milestones. Time-and-materials and maintenance work is normally invoiced monthly.
• Fees do not include third-party costs such as app store developer fees, hosting, software licences or paid APIs, unless the Proposal says they do. These are paid by the client or passed on at cost with prior approval.
• If an invoice is overdue, we may pause work after giving written notice until it is paid.
• Fees are exclusive of any taxes that apply, which will be added where required.

5. Changes to scope

Either party may ask to change the scope. We will tell you in writing how a requested change affects the fees and timeline, and the change takes effect once you approve it in writing.

6. Delivery and acceptance

We deliver work as described in the Proposal, normally with test builds along the way. You have 10 business days after each delivery to test it and tell us in writing about any material ways it does not meet the agreed scope. We will fix those issues within a reasonable time. A deliverable is accepted when you approve it, when you use it in production, or when the review period ends without written notice of material issues.

7. Intellectual property

• Client deliverables: once you have paid all fees for a project, you own the custom source code, designs and other deliverables we created specifically for you, unless the Proposal says otherwise.
• Our pre-existing materials: we keep ownership of tools, libraries, code and know-how we developed before or separately from your project. Where they are included in your deliverables, we grant you a perpetual, non-exclusive, royalty-free licence to use them as part of those deliverables.
• Open-source and third-party components: these are used under their own licences, which we will identify on request.
• Your materials: you keep ownership of everything you provide to us. You grant us a licence to use it only to deliver the Services.
• Portfolio: we may mention that we worked with you and show non-confidential parts of the work in our portfolio, unless you ask us not to in writing.

8. Confidentiality

Each party will keep confidential any non-public information it receives from the other about the business, products, code, data or plans, use it only for the Agreement, and protect it with reasonable care. This does not apply to information that is or becomes public through no fault of the receiving party, was already known to it, or must be disclosed by law. These obligations continue for 3 years after the Agreement ends, and indefinitely for trade secrets and personal data. We will also sign a separate non-disclosure agreement on request.

9. Data protection

We handle personal data as described in our Privacy Policy. Where we process personal data on your behalf, for example your users' data in your systems, we do so only on your documented instructions, keep it confidential and secure, and delete or return it at the end of the project. We will enter into a data processing agreement on request.

10. App store publishing

Where the Services include publishing an app, the app is normally published under your own Apple and Google developer accounts, and you are the app's publisher. You are responsible for your app's store listing, privacy policy, terms of use, support contact and compliance with app store rules. We will help you prepare them. Apple and Google decide whether to approve an app, and we cannot guarantee their approval or timing, but we will make reasonable changes to address review feedback that falls within the agreed scope.

11. Third-party services

Projects often rely on third-party services such as cloud hosting, APIs, payment providers and app stores. These services are governed by their own terms, and we are not responsible for their availability, changes or pricing.

12. Warranty

We will provide the Services with reasonable skill and care, in line with generally accepted industry practice. For 30 days after acceptance of a deliverable, we will fix, at no extra charge, any defects that cause it to materially fail to meet the agreed scope. This does not cover issues caused by changes made by others, third-party services, new operating system versions or misuse. Except as stated in these Terms, and to the extent permitted by law, the Website and Services are provided without any other warranties, express or implied.

13. Limitation of liability

To the extent permitted by law, neither party is liable for any indirect or consequential loss, or for any loss of profits, revenue, data or goodwill. Our total liability under the Agreement is limited to the fees you paid us for the project in the 12 months before the claim arose. These limits do not apply to liability that cannot be limited by law, such as for fraud, death or personal injury caused by negligence, or to your obligation to pay fees.

14. Indemnity

You agree to indemnify us against third-party claims arising from materials you provided or from your product's content or operation, except to the extent the claim is caused by our breach of the Agreement. We agree to indemnify you against third-party claims that the custom deliverables we created infringe their intellectual property rights, except where the claim arises from your materials or from changes made by others.

15. Termination

Either party may end the Agreement with 30 days' written notice, or immediately if the other party materially breaches it and does not remedy the breach within 14 days of written notice. If the Agreement ends, you pay for work completed up to the end date, and we deliver the work completed so far once it is paid for. Sections 7, 8, 9, 13, 14 and 16 survive termination.

16. Governing law and disputes

These Terms and the Agreement are governed by the laws of the Hong Kong Special Administrative Region. The parties will first try to resolve any dispute in good faith through discussion within 30 days. Any dispute not resolved in this way will be subject to the exclusive jurisdiction of the courts of Hong Kong.

17. General

• Independent parties: we act as an independent contractor. Nothing in the Agreement creates a partnership, joint venture or employment relationship.
• Subcontracting: we may use carefully selected subcontractors, and we remain responsible for their work.
• Force majeure: neither party is liable for delays caused by events beyond its reasonable control.
• Entire agreement: the Agreement is the entire agreement between the parties about the project.
• Severability and waiver: if any part is unenforceable, the rest remains in effect, and not enforcing a right does not waive it.
• Assignment: neither party may transfer the Agreement without the other's written consent, except to a successor in a merger or sale of the business.
• Notices: notices may be sent by email to the contacts named in the Proposal, or to hello@swiftcartmedia.com.

18. Changes to these Terms

We may update these Terms from time to time and will post the new version on this page with a new "Last updated" date. Changes do not affect a project already underway unless both parties agree in writing.

19. Contact

SwiftCart Media Limited
Unit B, 3/F., Kai Wan House, 146 Tung Choi Street, Mongkok, Kowloon, Hong Kong
Email: hello@swiftcartmedia.com
Phone: +43 677 63882574