Website and Services Terms of Use

Last updated 28 February, 2025

1. Declaration

PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THIS AGREEMENT CONTAINS PROVISIONS REQUIRING THAT YOU AGREE TO THE USE OF ARBITRATION TO RESOLVE ANY DISPUTES ARISING UNDER THIS AGREEMENT RATHER THAN A JURY TRIAL OR ANY OTHER COURT PROCEEDINGS, AND TO WAIVE YOUR PARTICIPATION IN CLASS ACTION OF ANY KIND AGAINST CONVERSANT.

We are Conversant Solutions Pte Ltd ( ‘Conversant’, 'we’, 'us’, or 'our’), a company registered in Singapore. These Terms of Use form a binding agreement between Conversant and you and governs your access to and use of the Website and/or Services (as defined below). Please note that these Terms of Use includes and incorporates by reference our Privacy Policy accessible here (‘Privacy Policy’). We operate the website https://www.swiftfederation.com (the ‘Website’, as well as any other related products and services that refer or link to these terms of use (the ‘Terms of Use) (collectively, the 'Services'). You can contact us by email at support@conversant.tv.

You acknowledge that these Terms of Use have the same force and effect as if it were executed in writing between you and Conversant. By accessing or using any part of the Website and/or Services, or clicking the “Sign Up”, “Sign In”, “Verify Email Address”, “Send Token” or an equivalent button, you acknowledge and agree that you have read, understood, and agree to be bound by the terms of these Terms of Use and the Privacy Policy.

The Website and Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Website and Services. By accepting these Terms of Use, you affirm and guarantee that your use of the Website and Services complies with all applicable laws and regulations. If you do not agree to be bound by the terms of these Terms of Use and the Privacy Policy, are not of legal age, or do not have such capacity to enter into these Terms of Use, you may not access or use the Website and/or Services.

THESE TERMS DO NOT APPLY TO YOUR ACCESS AND USE OF THE CONVERSANT PRODUCTS AND SERVICES THAT ARE PROVIDED UNDER THE CUSTOMER AGREEMENT OR OTHER WRITTEN AGREEMENT SIGNED BETWEEN YOU AND CONVERSANT (IF APPLICABLE). In the event of any conflict or inconsistency between these Terms of Use and any additional terms applicable to a specific Website and/or Services, the additional terms will govern for that conflict.

2. Your Account

with your first name, last name, phone number, billing address, company name, e-mail address, password or such other details as may be required by Conversant from time to time (“Account”).

In creating an Account, you agree to:

(a) provide true, accurate, current and complete information about yourself and the entity you represent (the “Registration Data”);

(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and

You acknowledge and agree that you shall be solely responsible for maintaining the confidentiality, safety and security of your Account, and shall not allow another person to use your Account to access the Website and/or Services. You shall immediately notify Conversant by emailing us at support@conversant.tv. if you suspect or become aware of any unauthorised use of your Account or any other breach of security. Notwithstanding the foregoing, you acknowledge and agree that all actions taken on, and all operations of, the Website and Services that occur under or through the use of your Account or password (including any payments or purchases made) shall be attributable to you, and you shall be solely responsible for all such actions.

Conversant shall not be liable to you for any harm or loss arising from or relating to the theft of your Account, your disclosure of your Account, or the use of your Account by another person or entity.

3. License Granted to Conversant

You and your end users retain full rights, ownership, and interest in any data, content, code, videos, images, or other materials transmitted to or through the Services (collectively, “Customer Data”) in the form provided to Conversant. In accordance with these Website and Services, you hereby grant us a non-exclusive, royalty-free, worldwide right, with the ability to sublicense, collect, use, copy, store, transmit, modify, and create derivative works of Customer Data as necessary to:

(a) provide the Website and/or Services to you;

(b) perform Conversant’s obligations under these Terms of Use and/or any Customer Agreement;

(d) monitoring and improving the performance of the Website and/or Services and other internal business purposes of Conversant.

You represent and warrant that:

(a) Your Customer Data do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation; and

(b) You own or have the legal right and authority and will continue to own or maintain the legal right and authority, to grant to Conversant the license set forth above.

You acknowledge and agree that Conversant shall have no obligation to monitor Customer Data transmitted by you through the Website and/or Services, and that Conversant shall not be responsible for such Customer Data.

You agree that any use of the Services in violation of this paragraph 3 will constitute a material violation of these Terms of Use and may result in, among other consequences, termination or suspension of Account and/or your rights to use the Website and/or Services.

We employ reasonable security measures to protect Customer Data from security threats. However, you acknowledge that using the Website and/or Service involves the transmission of Customer Data over networks that we do not own, operate, or control. As such, we are not responsible for any Customer Data that is lost, altered, intercepted, or stored on these networks.

4. Infringement and Abuse

With respect to our Services that are provided via the Internet (“Online Services”), Conversant operates pass-through network services used to improve network performance, not hosting provider services and as such, we have no way of removing improper or infringing material from our users’ websites, third party sites or their hosting services. Conversant has no control over any decentralized name registries and cannot remove material that is accessible through the Distributed Web Gateway. Copyright holders or their agents concerned with material served through Conversant’s network should send an email regarding notification of claimed copyright infringement or other complaints (“Abuse”) to support@conversant.tv.

When submitting Abuse emails, please provide detailed information and documentary evidence/ proof supporting your complaint. By providing such information to Conversant, you acknowledge and agree that Conversant may be required to disclose copies of, or information from your notification or complaint or Abuse email to anyone it reasonably considers appropriate in order to process and investigate your complaint, including but not limited to the Conversant user whom the notification or complaint relates to, the Conversant user’s hosting provider, website operator and visitors of Conversant’s own website.

If you intend to automate the process by which you submit Abuse reports, you will need to request access to an Abuse API token. If you are granted an Abuse API token, you agree not to disclose or provide the Abuse API token to any person or entity other than to yourself or your organization’s employees, or use the API or Abuse API token in any manner prohibited under Section 9 below. You understand that Conversant may suspend or revoke an Abuse API token at any time in Conversant’s reasonable discretion.

5. Term and Termination of Use, Discontinuation and Modification of the Websites and Services

These Terms of Use shall commence on the date when you accepted these Terms of Use and remain in full force and effect while you access or use the Website and/or Services, unless terminated earlier in accordance with these Terms of Use. For the avoidance of doubt, you hereby acknowledge and agree that these Terms of Use commenced on the earlier of (a) the date you first accessed the Website and/or Services, or (b) the date you accepted these Terms of Use.

If you violate any provision of these Terms of Use, you may lose your access to your user Account, the Website and/or Services. Conversant reserves the right to investigate any potential violations of these Terms of Use. We may temporarily or permanently terminate your user Account or suspend or revoke your access to your Account, the Website and/or Services at any time, with or without notice, for any reason or no reason at all, including:

(a) if you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or Conversant has reasonable grounds to suspect that any Registration Data you provide is untrue, inaccurate, not current or incomplete;

(b) if Conversant has reasonable grounds to believe you have violated, or are about to violate, these Terms of Use, the Privacy Policy or any applicable laws, or that your Account may have been compromised;

(c) if activities occur under your Account which, in Conversant’s sole discretion, would or might cause damages or losses to Conversant or any users (whether yourself or other users), impair Conversant’s ability to provide the Website and/or Services, or infringe or violate any third-party rights (including intellectual property rights);

(d) if Conversant is requested to do so by law enforcement agencies or other governmental authority; and/or

(e) if Conversant is required to do so due to unexpected technical or security issues or problems.

Additionally, we reserve the right to modify or discontinue the Website and/or Services at any time, including limiting or removing certain features, without notice to you. We will not be liable for any changes to the Website and/or Service or any suspension or termination of your access. You may terminate your account at any time through the Website and Services’ Account dashboard.

6. Third-Party Websites

The Website and Services may include links to third-party websites. other websites ('Third-Party Websites') as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties ('Third-Party Content'). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Website and/or Services or any Third-Party Content posted on, available through, or installed from the Website and/or Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.

7. Internet / User Device / Third Party Software

You acknowledge and agree that to access and use the Website and/or Services, you will need access to the Internet, and a mobile phone, a tablet, or other compatible computing devices capable of accessing the Internet and compliant with the specifications set forth in the applicable user Agreements (“User Device”). In addition, certain third-party software which is not incorporated into the Website and/or Services (including the operating system of the User Device and web browsers) (“Third-Party Software”) may be required to be properly installed onto such User Device for you to access and use the Website and/or Services. You shall be fully responsible for obtaining Internet access, User Devices and entering into and maintaining the end user license agreement for Third-Party Software at your own cost, expense and risk. Your use of such separately acquired Third Party Software and/or the User Device shall be in accordance with any applicable terms and conditions.

8. Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our Website and Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services collectively, the ‘Content’), as well as the trademarks, service marks, and logos contained therein (the 'Marks’).

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties around the world and we hold and reserve all intellectual property rights in all Content and Marks.

Subject to the terms and conditions of these Terms of Use, Conversant grants you a limited, revocable, non-exclusive, non-transferrable, non-sublicensable and non-assignable license to access and use the Website and/or Services, solely for the purposes intended by Conversant. You do not acquire any rights, title or interest in or to the Website and/or Services, other than a right to use the Website and/or Services in accordance with the limited license granted hereunder and subject to all terms, conditions and restrictions, under these Terms of Use. Conversant reserves and shall retain its entire right, title, and interest in and to the Website and/or Services, including all intellectual property rights therein or relating thereto.

In connection with the use of the Website and/or Service, you may not use such Content in any way that is not necessary or implied for the proper use of the Website and/or Services. Specifically, but without limitation, you may not copy, download, share, modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer, assign to third parties, or create derivative works from the Content on our Website. You also cannot allow any third party to do so through your account or device under any circumstances.

9. Prohibited Uses

By using the Website and Services, you agree that you shall not:

(a) engage in any activity that is unlawful or prohibited by these Terms of Use.

(b) use the Website and/or Services in ways that could damage, disable, overburden, disrupt, or impair Conversant servers, APIs, or connected networks, or interfere with other users' ability to access and enjoy the Websites or Online Services.

(c) interfere with or disrupt the integrity or performance of the Website and/or Services or any information and content contained therein, including uploading and/or transmitting viruses, time bombs, malicious code / scripts / programs / software agents, worms, defects, Trojan horses, or other harmful or destructive items through the Website and Services. Additionally, you must not exceed or bypass, or attempt to exceed or bypass, any limitations on the Website or Services, including restrictions on API calls, nor use the Website or Services in violation of any Conversant documentation or user manuals.

(d) attempt to gain unauthorized access to or otherwise interfere with the performance, operation or functionality of any part of the the Website and/or Services, other accounts, computer systems, or networks connected to any Conversant server. Such attempts are strictly prohibited and includes, but is not limited to, making the Website and/or Services (or any part thereof) available to third parties, or use the Website and/or Services (or any part thereof) for the benefit of anyone other than yourself, hacking, password mining, or other similar means. You may not attempt to obtain materials or information not intentionally made available through the Website or Services.

(e) make the Website, Services or the Customer Agreements available to, or use the Website, Services or the Customer Agreements for the benefit of anyone other than yourself.

(f) rent, lease, lend, sell, resell, sublicense, assign, distribute, publish, or lease the Website or Services (or any part thereof) or otherwise make available to any third party for any reason, including the Customer Agreements, or include the Website and/or Services in a service bureau, time-sharing, or outsourcing offering.

(g) copy, adapt, modify, prepare derivative works based upon, transfer, publicly display, transmit, or otherwise exploit the Website and/or Services, including any function or feature or code thereof.

(h) access the Website and/or Services in order to build a competitive product or service or otherwise to compete with Conversant.

(i) reverse engineer, disassemble, or otherwise attempt to derive or gain access to the source code or infrastructure of the Website and/or Services or any part thereof (as may be applicable).

(j) attempt to probe, scan, or test the vulnerability of the Website and/or Services, any Conversant system or network or breach any security or authentication measures, or otherwise attempt to benchmark the Website and/or Services or Conversant’s performance of any Services.

(k) upload, store on, or transmit or make available through the Website and/or Services any harmful code or unlawful content.

(l) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property rights notices from the Website and/or Services, including any copy thereof.

(m) use the Website or Services in violation of any applicable federal, state, local, or international laws or regulations, including laws governing the export of data or software to and from the United States or other countries, including the laws of Singapore.

Conversant reserves the right (but has no obligation to), at its sole discretion, to block content that it deems illegal, harmful, or in violation of these Terms of Use. Illegal or harmful content may include, but is not limited to:

material involving, promoting, or facilitating child sexual abuse or human trafficking;
content that infringes on intellectual property rights or violates the law;
content that reveals sensitive personal information, incites or exploits violence, or aims to defraud the public; and
content that distributes malware, facilitates phishing, or otherwise constitutes technical abuse.

10. Artificial Intelligence Restriction

You may not use automated bots to access, scan, scrape, data mine, copy, or use the materials or content on this website for developing, training, fine-tuning, or otherwise contributing to or improving a machine learning model or artificial intelligence (AI) system or the operation thereof, unless your bot’s user agent is (i) explicitly permitted to do so in this website’s robots.txt file and (ii) solely used to identify bots used for AI purposes (i.e., this provision does not apply to user agents that are used for multiple purposes, such as search engine indexing and AI purposes).

11. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any direct or indirect loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, arising out of:

your Customer Data;
your use of the Website and/or Services;
your breach of the Terms of Use of these Website and Services;
any breach of your representations and warranties set forth in these Terms of Use;
your suspected or actual infringement of third-party rights, including but not limited to intellectual property rights;
any overt harmful act by you toward any other user of the Website and Services with whom you connected via the Website and Services; and/or
any third-party claim arising out of or relating to your Customer Data and your use of the Website and Services.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any mater for which you are required to indemnify us and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

12. Disclaimers and Limitation of Liability

You assume all responsibility and risk with respect to your use of our Website, which is provided “as is” and “as available” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our Website, including without limitation, all content and materials, and functions and services provided on our Website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our Website or its functioning or the content and material of the Services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our Website or the servers that make our Website available are free of viruses or other harmful components.

The use of our Website and/or Services is at your sole risk and you assume full responsibility for any costs associated with your use of our Website and/or Services. We will not be liable for any damages of any kind related to the use of our Website and/or Services.

In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our Website and/or Services or the content or material or functionality through our Website and/or Services, even if we are advised of the possibility of such damages.

Notwithstanding the foregoing, in no event shall our aggregate liability to you arising out of or related to this agreement exceed the amount of monies paid by you to us in the one (1) year period prior to the date your claim arose.

Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.

You acknowledge and agree that the indemnity in paragraph 11 and the disclaimers and limitations of liability in this paragraph 12 and the allocation of risk herein are essential elements of the bargain between you and use, without which we would not have entered into these Terms of Use or provide you with access to and use of the Website and/or Services. You further acknowledge and agree that given the nature of the Website and/or Services provided by us, it is reasonable for us to exclude or limit our liability in accordance with this paragraph 12.

13. Governing Law

These Website and Services shall be governed by and defined following the laws of Singapore.

Any dispute arising out of or in connection with these Terms of Use, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English. The law governing this arbitration agreement shall be the laws of Singapore.

14. Changes to the Website, Services and/or Terms

We reserve the right to change, modify, or remove the contents of the Website and/or Services at any time or for any reason at our sole discretion and without any liability to you. You further agree that all changes or modifications to the Website and/or Services will be deemed part of the Website and/or Service and be subject to all terms and conditions of these Terms of Use. We will make commercially reasonable efforts to notify you of any changes to the Website and/or Services , including sending an email to the email address linked with your account. However, for the avoidance of doubt, we have no obligation to update any information pertaining to our Website and/or Services, and we will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website and/or Services. If you disagree with these revisions, you must refrain from renewing your subscription and discontinue your use of the Website and/or Services.

We reserve the right to modify or amend these Terms of Use at any time and in our sole discretion. We will use commercially reasonable efforts to notify you of any such modification or amendments, including sending an email to the email address linked with your account. The modified or amended Terms of Use will become effective upon posting on the Website. By continuing to use the Website and/or Services after the effective date of any changes, you agree to be bound by the modified Terms of Use.

15. Error and Omissions

In addition, please note that our Website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time. Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the maximum extent permitted by applicable law.

For the avoidance of doubt, we do not undertake to update, modify or clarify information on our Website, except as required by law.

16. General

These Terms of Use constitute the entire agreement and understanding between you and us in respect of the Website and/or Services.

Our failure to exercise or enforce any right or provision of these Website and/or Services shall not operate as a waiver of such right or provision.

These Terms of Use operate to the fullest extent permissible by law.

We may assign, novate, transfer or delegate any or all of our rights and obligations to others at any time. You shall do all things and execute all documents necessary to facilitate such assignment, novation, transfer, or delegation.

We shall not be responsible or liable for any loss, damage, delay, or failure to act (including the inability to provide you with access to or use of the Website and/or Services) caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Website and/or Services and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Website and/or Services or use of the Services.

It is agreed that each party will be responsible only for its obligations under these Terms of Use, and neither party shall be authorised to represent or bind the other to any other person.

You agree that these Website and/or Services will not be construed against us by virtue of having drafted them.

You hereby waive any and all defences you may have based on the electronic form of these Website and Services and the lack of signing by the parties hereto to execute these Website and/or Services.

The rights and remedies provided under these Terms of Use are cumulative, in addition to, and do not exclude the rights or remedies provided at law or in equity arising independently of these Terms of Use.

17. Contact Information

The Websites and Online Services are operated by Conversant Solutions Pte Ltd, located at 250 North Bridge Road, #17-01, Raffles City Tower, Singapore 179101. You may contact us by sending correspondence to the foregoing address or by emailing us at support@conversant.tv.

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