Grant of Licence By purchasing a perpetual licence, you (the “Licensee”) are granted a non-exclusive, non-transferable right to access and use the Swivel platform (“the Software”) for the duration of the product’s supported life, subject to these Terms and Conditions.
Scope of Use The licence entitles the Licensee to use the Software and its included features for their own internal purposes. The licence does not permit resale, redistribution, sublicensing, or use for third-party commercial service provision without prior written consent from Swivel.
Service Availability and Continuity Swivel will make all reasonable efforts to provide ongoing access to the Software and to maintain service availability for the duration of the product’s supported life. However, the Licensee acknowledges and accepts that:
- The Software is delivered via a cloud-based infrastructure, and uninterrupted service cannot be absolutely guaranteed.
- Certain features may depend on third-party services or technologies, which may be discontinued or changed outside Swivel’s control.
- Swivel reserves the right to update, enhance, modify, or discontinue any part of the Software at its discretion, provided reasonable advance notice is given for significant changes or planned discontinuation.
End of Life and Termination Swivel reserves the right to discontinue the Software or end support if continued operation becomes commercially impractical, unlawful, or is prevented by factors beyond Swivel’s reasonable control. In such circumstances:
- Swivel will provide at least six (6) months’ advance written notice to Licensees where practicable.
- Swivel will endeavour to offer alternatives or options for data export and transition, where feasible.
- The licence may also be terminated by Swivel if the Licensee breaches these Terms and fails to remedy such breach within 30 days of receiving written notice.
Updates and Support Perpetual licence holders are entitled to receive all standard updates, enhancements, and bug fixes released during the supported life of the product, at no additional cost. Swivel will provide reasonable support for technical or access issues during this period.
Data Privacy and Security Swivel is committed to ethical standards of data privacy and security. User data will be collected, processed, and stored in accordance with the Swivel Privacy Policy and applicable Australian law. Data will not be sold or disclosed to third parties except as required by law or with the user’s explicit consent.
User Obligations Licensees must not:
- Attempt to reverse-engineer, decompile, or modify the Software;
- Circumvent any security features or access controls;
- Use the Software for any unlawful purpose or in a manner that could harm Swivel’s reputation or intellectual property.
Intellectual Property All rights, title, and interest in and to the Software, including all intellectual property rights, remain with Swivel and its licensors. The licence confers no ownership rights to the Licensee.
Limitation of Liability To the maximum extent permitted by law, Swivel will not be liable for any indirect, consequential, special, or incidental loss or damages arising from the use or inability to use the Software. Swivel’s aggregate liability for any claim arising out of this agreement shall not exceed the total licence fee paid by the Licensee.
Changes to Terms Swivel reserves the right to amend these Terms and Conditions as required. Licensees will be notified of material changes and given the opportunity to review them before continued use.
Governing Law These Terms and Conditions are governed by the laws of Victoria, Australia. Any dispute arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Victoria.
Contact For any questions, concerns, or feedback regarding these Terms, please contact us:
Email: info@heyswivel.com
Address: PO Box 154, Wallan VIC, 3756Swivel Pty Ltd – ABN: 12 154 622 723 | ACN: 154 622 723
Last updated: June 2025
