Terms of Service

Last Updated: 01/04/2025

PLEASE READ THIS CAREFULLY
THE FOLLOWING SECTIONS SPECIFICALLY GOVERN HOW DISPUTES ARE RESOLVED AND INCLUDE AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (“DISPUTE RESOLUTION; ARBITRATION AGREEMENT; CLASS ACTION WAIVER”). IF YOU DISAGREE WITH ANY PART OF THESE DISPUTE RESOLUTION TERMS, DO NOT USE THE SERVICES.

BY CREATING AN ACCOUNT OR OTHERWISE USING THE SERVICES (DEFINED BELOW), YOU CONFIRM YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THEM. IF YOU DO NOT AGREE, PLEASE DO NOT USE ANY OF THE SERVICES.

1. Overview

These Terms of Service (together with the Privacy Policy of AdSwipeFile.com, collectively the “Terms”) govern your use of the website located at AdSwipeFile.com (the “Site”), any related applications or extensions (the “Applications”), and all features, content, and other services offered by AdSwipeFile.com (“AdSwipeFile,” “we,” “us,” or “our”) (collectively, the “Services”). These Terms bind all users of the Services, including those who contribute content, information, or other materials.

2. Acceptance of Terms

By visiting, browsing, signing up for, or otherwise using the Services in any manner, you agree to these Terms and any additional rules or policies we publish on the Site. We may revise these Terms from time to time, and your continued use after the changes become effective is deemed acceptance of those changes. Certain features may also be subject to additional terms that will apply alongside these Terms.

3. Eligibility

You must be at least 13 years old to use the Services. By using the Services, you represent that you meet this requirement. We reserve the right to refuse the Services to any person or entity, or change our eligibility criteria at our discretion. You are responsible for ensuring your use of the Services complies with all laws and regulations that apply to you. If any use is prohibited by law in your jurisdiction, then your right to access or use the Services is revoked.

4. Account Registration

To use certain features, you must create an account (“Account”). You must provide accurate and up-to-date information and keep it current. You agree not to:

  1. Use someone else's identity or name with the intention of impersonation.
  2. Use a name or identity without proper authorization.

You are solely responsible for all activities on your Account and for safeguarding your password. Notify us immediately if there is any unauthorized use of your Account or breach of security. You may delete your Account at any time, either within your Account settings or by contacting our support team.

5. Content

a. Definition

"Content" includes—without limitation—information, video, data, text, photos, software, scripts, graphics, and interactive features accessible through the Services. "User Content" is any Content added, created, uploaded, submitted, distributed, or posted by users, whether publicly or privately.

b. User Content Responsibilities

You are solely responsible for any User Content you provide through the Services. You represent and warrant that any User Content you offer is accurate, lawful, and does not infringe on any rights of third parties. We do not guarantee the accuracy or continued availability of any Content.

c. Intellectual Property Notices

All Content provided by us or our partners is protected by copyright, trademark, and other laws. You agree to follow and maintain all notices or restrictions in any Content you access through the Services.

d. Limitations on Use

You may not sell, license, rent, or in any way commercially exploit any Content without our explicit permission. Any rights not granted to you are reserved by AdSwipeFile. You may submit Feedback (such as comments or suggestions), and by doing so, you grant us the right to use and implement that Feedback in any manner we choose.

e. License Grant (User Content)

By submitting User Content, you grant AdSwipeFile a worldwide, non-exclusive, revocable, royalty-free, fully paid, sublicensable and transferable license to access, display, transmit, store, and otherwise use your User Content for the purpose of providing the Services or as permitted by these Terms. This license ends once the User Content is removed from the Services, subject to AdSwipeFile's then-current data retention policies. We do not claim ownership of your User Content.

f. Collaboration & Sharing

If you maintain a Team Account, you can invite additional team members (“Team Members”) and grant shareable links (“Collaborators”) to view your boards or files. Any materials you make accessible to a Team Member or Collaborator may remain accessible to them even if your Team Account is terminated, unless removed under our data retention procedures. AdSwipeFile is not responsible for how Team Members or Collaborators use or share your User Content.

g. Content Removal

User Content remains available until removed by you or until your Team Account is terminated or suspended in accordance with AdSwipeFile's data retention policies. Team Account holders or appropriate Team Members can remove relevant User Content at their discretion.

h. Warranties on User Content

You represent and warrant that uploading or making your User Content available through the Services does not violate any third-party rights and complies with applicable law.

i. Free Memberships, Offers, or Trials

AdSwipeFile may provide free or trial offers. These offers are governed by these Terms and can be revoked or altered at any time without liability. After the free or trial period expires, you must switch to a paid plan or discontinue use.

j. Beta Versions

We may release features or entire versions of the Services marked as "Beta." Beta Versions may be buggy or incomplete. We may or may not release these Beta Versions for public availability. By using a Beta Version, you agree that AdSwipeFile may collect usage data to improve the product, even if you have opted out of data collection for non-Beta versions. If you do not wish to have usage data collected, discontinue your Beta Version use.

k. Content Availability

We do not promise that any particular Content will always be available. We reserve the right to remove or block any Content for any reason, without liability.

l. Reporting Unauthorized Use

If you become aware of unauthorized use of Content, Accounts, or the Services, you must promptly notify AdSwipeFile and help us address it.

6. Rules of Conduct

As a condition of using AdSwipeFile's Services, you acknowledge and agree to be responsible for all your activities, including your conduct, User Content, and communications with others. By accessing or using the Services, you agree to not:

  1. Violation of Terms and Laws

    • Use the Services in any way prohibited by these Terms or applicable law
    • Upload or transmit any content that violates trade sanctions or export control laws
    • Engage in any illegal activities or violate any contractual duties

  2. Intellectual Property and Rights

    • Infringe on third-party intellectual property rights, including patents, trademarks, trade secrets, or copyrights
    • Copy, modify, or create derivative works of the Services or any related content without authorization
    • Reverse engineer, decompile, or attempt to derive source code from the Services, except where permitted by law

  3. Harmful Content and Behavior

    • Engage in unlawful, harassing, defamatory, abusive, fraudulent, invasive, obscene, or otherwise objectionable behavior
    • Upload content that is threatening, abusive, harassing, defamatory, or otherwise inappropriate
    • Transfer or upload malicious code, viruses, or any harmful programs
    • Impersonate any person or entity, including AdSwipeFile employees or representatives
    • Misrepresent your affiliation with any person or entity

  4. System Integrity

    • Overload, disrupt, or attempt to gain unauthorized access to our systems or networks
    • Bypass any measures designed to prevent or restrict access
    • Use any automated systems or software to extract data from the Services ("scraping")
    • Take any action that imposes an unreasonable load on our infrastructure

  5. Communication and Marketing

    • Upload or distribute unauthorized advertising or spam
    • Send junk mail, chain letters, or pyramid schemes
    • Use the Services for any unsolicited marketing or promotional materials
    • Engage in deceptive marketing practices or false advertising

  6. Data and Privacy

    • Collect or harvest any personally identifiable information from the Services
    • Access or attempt to access other users' accounts or information
    • Use the Services to collect data for competitive analysis or monitoring
    • Share access credentials or allow unauthorized access to your account

  7. Service Usage

    • Use the Services in a way that could disable, overburden, or impair its functioning
    • Attempt to probe, scan, or test the vulnerability of any system or network
    • Interfere with or disrupt the integrity or performance of the Services
    • Create multiple accounts for abusive or fraudulent purposes

We reserve the right to:

  1. Investigate and enforce these Terms at our sole discretion
  2. Remove any Content that violates these Terms or is otherwise objectionable
  3. Suspend or terminate accounts engaging in prohibited conduct
  4. Take appropriate legal action for any illegal or unauthorized use of the Services
  5. Report any activity we suspect violates any law or regulation to appropriate authorities

Any violation of these Rules of Conduct may result in immediate termination of your account and access to the Services. AdSwipeFile is not responsible for any loss or damage resulting from your failure to comply with these rules.

7. Trade Sanctions and Export Control

Use of the Services is subject to all applicable laws and regulations of the United Arab Emirates and other jurisdictions that govern the import, export, and use of the Services. By using the Services, you confirm that you are not prohibited from receiving the Services under any trade sanctions or export control laws. You also agree not to upload or transmit any data that violates these regulations.

8. Ownership

  1. Your User Content
    You keep all rights to the User Content you submit. We do not claim any ownership rights to it.

  2. AdSwipeFile Intellectual Property
    AdSwipeFile (and its licensors) retain all rights and interests in the Services, including any associated patents, copyrights, trademarks, and trade secrets. Nothing in these Terms grants you any ownership in the Services.

Our Services may contain links to or integrate with external resources, websites, or services. AdSwipeFile is not responsible for the content or functionality of any third-party resource and does not endorse or assume any liability arising from your use of such resources.

10. Payments and Billing

a. Paid Services

Certain features of AdSwipeFile may require payment (“Paid Services”). If you choose to use Paid Services, you agree to the listed pricing and payment terms.

b. Taxes & Fees

You are responsible for all applicable taxes, third-party fees (e.g., currency exchange, payment provider fees), and any related collection costs.

c. Payment Processing

We use reputable third-party payment processors (e.g., Stripe) to handle billing and payments. By choosing Paid Services, you authorize us to charge your specified payment method for the relevant fees.

d. Payment Method and Recurring Billing

You consent to recurring charges for subscription-based services unless and until you cancel in accordance with our policies. You must keep your payment information current and accurate. If charges cannot be processed or are declined, we may suspend or cancel your Paid Services.

e. Auto-Renewal

Subscription-based services renew automatically for successive terms until canceled. To avoid charges for the next term, cancel before the end of your current subscription period. No pro-rated refunds are provided for unused time unless required by law.

f. Free Trials and Promotions

If you do not wish to be charged after a free trial or promotional period expires, cancel your Paid Services within the specified trial period.

11. Affiliate Program

To participate in the AdSwipeFile affiliate program, you agree to:

  1. Refrain from self-referrals (i.e., signing up for your own affiliate link).
  2. Avoid deceptive tactics or misuse, such as posting invalid discounts on coupon websites.
  3. Not use ads (including search engine ads, social media ads, or other online ads) that confuse customers or compete directly with our marketing.
  4. Not bid on AdSwipeFile-branded keywords or competitor brand names in a way that causes user confusion.
  5. Not impersonate AdSwipeFile or claim to be acting on our behalf.
  6. Comply with any changes we make to affiliate program terms.
  7. Acknowledge that any violation may lead to account termination and forfeiture of unpaid commissions.
  8. Receive valid payouts (minimum US$50) via PayPal, provided you have a valid PayPal account on file.
  9. Sign up through our affiliate partner (e.g., Rewardful) and comply with both AdSwipeFile and the partner's terms and conditions.

12. Termination

We may terminate or suspend your access to the Services at any time, with or without cause or notice. Termination may result in the forfeiture or deletion of all information associated with your membership. If you wish to terminate your Account, you may do so by contacting us at [email protected] (or through available support channels). Any payments made prior to termination are non-refundable. Provisions of these Terms that would logically survive termination shall remain in effect (e.g., disclaimers, indemnifications, and limitations of liability).

13. Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. ADSWIPEFILE AND ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS MAKE NO GUARANTEES THAT:

  1. THE SERVICES WILL BE TIMELY, ERROR-FREE, OR SECURE AT ALL TIMES;
  2. ANY ERRORS OR DEFECTS WILL BE CORRECTED;
  3. CONTENT OR FEATURES WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS;
  4. USER CONTENT WILL BE RELIABLY STORED OR THAT BACKUPS WILL BE AVAILABLE;
  5. THE SERVICES WILL NOT HARM YOUR COMPUTER SYSTEM; AND/OR
  6. YOUR REQUIREMENTS OR EXPECTATIONS WILL BE MET.

YOU AGREE THAT YOU ARE RESPONSIBLE FOR BACKING UP YOUR DATA AND PROTECTING YOUR CONTENT. WE MAKE NO REPRESENTATIONS REGARDING IDENTITY THEFT OR MISUSE OF YOUR INFORMATION.

14. Indemnification

You agree to defend, indemnify, and hold harmless AdSwipeFile and its affiliates, contractors, directors, employees, suppliers, and representatives from any losses, liabilities, expenses, or legal fees resulting from claims arising out of your use or misuse of the Services, your User Content, your violation of these Terms, or any illegal activities. We reserve the right to control the defense of any matter subject to indemnification by you, and you will cooperate with us in any related legal actions.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADSWIPEFILE AND ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR SUPPLIERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION, ATTRIBUTABLE TO YOUR USE OR INABILITY TO USE THE SERVICES, REGARDLESS OF LEGAL THEORY. IN NO EVENT SHALL OUR TOTAL LIABILITY (FOR ALL CLAIMS COMBINED) EXCEED THE GREATER OF (A) THE FEES PAID TO ADSWIPEFILE FOR THE SERVICES IN THE THREE (3) MONTHS PRECEDING THE CLAIM, OR (B) FIVE HUNDRED DOLLARS (US$500).

SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF LIABILITY. IF SUCH A LAW APPLIES TO YOU, CERTAIN OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

16. Dispute Resolution; Arbitration Agreement; Class Action Waiver

  1. Notice of Claim
    If you have a dispute not resolved by AdSwipeFile's support, you must give us a written Notice of Claim at the address in Section 19 below, clearly stating your identity, the basis for the dispute, and the relief sought. If it remains unresolved after 60 days from our receipt of your notice, you may proceed to binding arbitration or small claims court, unless an exception below applies.

  2. Arbitration Location
    Arbitration will be conducted in any location within the United Arab Emirates or Canada that is reasonably convenient for both parties.

  3. Arbitration Fees
    The allocation of filing, administration, and arbitrator fees will follow the rules of the arbitration provider. If you cannot afford the arbitration costs, AdSwipeFile will cover them. If the arbitrator finds your claim frivolous, fees may be reallocated.

  4. Exceptions
    Either party may bring disputes involving intellectual property rights before a court. Likewise, either party may seek relief in small claims court for disputes within its jurisdiction.

  5. Opt-Out Right
    If you do not want to be bound by the arbitration and class action waiver in this Section, notify us within 30 days of the later of (a) your first use of the Services or (b) our posting of this updated provision. After you opt out, neither you nor we will be bound by those arbitration provisions.

  6. No Class Actions
    You may resolve disputes with us only on an individual basis. You may not participate in a class, consolidated, or representative proceeding against AdSwipeFile. If any portion of this class action waiver is deemed unenforceable, that part is severed and may be resolved in court, while all other claims remain subject to arbitration.

17. Modifications

We reserve the right to change or replace any portion of these Terms or to modify, suspend, or discontinue any aspect of the Services at any time. We will notify you via the Site, email, or other available communication. Your ongoing use of the Services indicates acceptance of any revised Terms. It is your responsibility to review these Terms periodically.

18. Miscellaneous

  1. Entire Agreement
    These Terms (including the Privacy Policy) constitute the complete understanding between you and AdSwipeFile regarding your use of the Services. They supersede all prior or contemporaneous communications.

  2. Severability
    If any portion of these Terms is deemed invalid or unenforceable, that portion is limited or eliminated to the least extent necessary, and the remaining parts remain in full effect.

  3. Force Majeure
    We are not liable for delays or failures to perform resulting from causes outside our reasonable control, including but not limited to natural disasters or communication disruptions.

  4. Assignment
    You may not assign or transfer these Terms or your rights to use the Services without our prior written approval. We may freely transfer or delegate our rights and obligations.

  5. No Agency
    These Terms do not create any partnership, agency, or employment relationship between you and AdSwipeFile.

  6. Notices
    Except as otherwise stated, all legal notices must be provided in writing to the address below. We may notify you through your account email address, postal mail, or other legally accepted means.

  7. No Waiver
    Our failure to enforce a provision of these Terms does not waive our right to do so later.

19. Contact

If you have any questions or notices of claim regarding these Terms, the Services, or need to provide any official communication, please contact us at:

AdSwipeFile.com
Email: [email protected]

Thank you for reviewing and agreeing to these Terms of Service.
By continuing to use AdSwipeFile.com, you acknowledge that you have read and agree to these Terms.