This agreement constitutes an agreement between you (including all employees at your company) and Digité, Inc., makers of SwiftKanban, SwiftALM, SwiftEnterprise, Swiftly, SwiftSync, Nimble, NimbleRetro, governing your use of the service, superseding any prior agreements between you and Digité Inc (including but not limited to any previous version of this agreement).
Digité, Inc., reserves the right to update or change this agreement without notice. Any new features that augment or enhance the current Service, including the release of new tools or resources, shall be subject to this agreement and the failure of Digité, Inc. to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision.
Violation of any of the terms below may result in the suspension or termination of your Account or License. Whilst Digité, Inc. prohibits unauthorized conduct and content on the service as indicated below, you may be exposed to such materials and you agree to use the service at your own risk.
“We”, “Our” or “SwiftKanban”, “SwiftALM”, “SwiftEnterprise”, “SwiftSync”, “Swiftly”, “Nimble”, “NimbleRetro” means Digité, Inc., “You” means you, the person using our products, services or visiting our Website and using our Mobile Application; “Services”, means all products, goods or services we provide and anything else we do for you, including allowing you to access our Website and Mobile Application; “Service Availability” is defined as the ability to access and use the SwiftKanban, SwiftEnterprise, SwiftEASe, Swiftly, SwiftSync, Nimble, NimbleRetro applications.
- You must be a person. (Accounts registered or run through automated methods are not permitted).
- Your age must be 16 years of age or older if you are based in the European Economic Area (EEA) or Switzerland, or 18 of age or older, if in any other geographic region, when creating an account on any of our Services.
- You must provide your full legal name, a valid email address and any other information requested by Digité, Inc., in order to complete the signup process and license.
- You are responsible for maintaining the security of your account login information (Username & Password); we cannot and will not be liable for any loss or damage from failure to comply with this security obligation.
- You may not use your account for any illegal or unauthorized purpose. You must not, in the use of this service, violate any laws in your jurisdiction (including, but not limited to copyright laws).
- Digité, Inc., has the right to accept or decline trial and paid account requests (including source code applications) at will.
- Applications will not be accepted if the applicants’ use is contrary to Digité, Inc.’s strategic plan, or the company in question shows any cause for concern.
- We reserve the right at any time to modify or discontinue the service (or any part thereof) with or without notice. In this case, sufficient notice would be given and data made available.
- Prices may be reviewed at any time and adjusted accordingly if needed. Digité, Inc., reserves the right to increase prices. Notice will be given of at least 30 days in advance of any price changes.
- Updates and upgrades to our products are made at regular intervals, or intermittently as needed.
- You must not modify, adapt or hack the service or modify another Website and Mobile Application so as to falsely imply that it is associated with the Services, SwiftKanban, SwiftALM, SwiftEnterprise, Swiftly, SwiftSync, Nimble, NimbleRetro or any other Digité, Inc. product.
- All licensed/ downloaded Digité, Inc., products (including any customized features) must at all times retain the copyright statement (© Copyright 2009 – 2022 Digité, Inc.)
- Digité, Inc., will make reasonable efforts to ensure that the Services are generally available. However, in the event of an outage or server access issue, we will not and cannot be held liable for data loss, but will act immediately to restore availability of the Services.
- While we make all efforts to prevent any disruption to Services during any update or upgrade, there may be times where Services are inaccessible for a certain period of time. Updates and upgrades are scheduled to avoid peak usage times. A minimum of 24 hours of notice of such updates and upgrades will usually be provided but cannot be guaranteed, depending on the nature of such update/ upgrade.
- Any data entered in your live account database or uploaded to the service remain yours and can be supplied if needed as a digital file upon request.
- We do not pre-screen any content, but reserve the right (but not the obligation) to refuse or remove any content available via the service.
- Any and all code, including the look and feel is owned by Digité, Inc.. You may not duplicate, copy or reuse any portion of the HTML, CSS, visual design elements or code without express written permission from Digité, Inc.
- Digité, Inc., houses all software on our rented servers. Unauthorized distribution without prior consent is strictly prohibited and includes placing our software on any physical or virtual servers or mediums without special agreement or written consent from Digité, Inc.
- We will not accept under any circumstances the liability for the loss of customer data through general use, hacking or server failure.
- While Backup of data is the sole responsibility of the customer through the built in backup/ download features of Services, Digité, Inc., will be responsible for ensuring multiple regular daily backups of the subscription account data and the server itself. If you are a user of an on-premise version of our Services (you or your organization host our Services), then you or your organization is responsible for all backups and any data loss.
- We will never distribute your information to third parties, and all Digité, Inc., staff are under extensive confidentiality and non-disclosure agreements.
- While we make every effort to keep your information safe and secure, due to the very nature and environment of the Internet, we cannot ensure that all communications and personally identifiable information will never be disclosed.
- Digité, Inc., distributes all commercial software under a commercial license agreement.
- Demo and trial environments of Digité, Inc., products are archived the month after creation and deleted the following month, unless otherwise agreed to with you. After that period if you would like to use the software legally, you must purchase a license for the product or sign up for a subscription account.
- A ‘per user’ license allows that purchaser to operate the software. Licenses cannot be transferred to other parties, this applies to both general software licenses and upgrades.
- Upgrade packages are only applicable to the company who purchased the original software.
- Sharing, redistribution or simultaneous use of licenses is prohibited.
- Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Digité, Inc., does not warrant that:
- The service will meet your specific requirements
- The service will be uninterrupted, timely, secure, or error-free
- The service will be uninterrupted, timely, secure, or error-free.
- You expressly understand and agree that Digité, Inc., shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if Digité, Inc., has been advised of the possibility of such damages), resulting from:
- The use or inability to use the Services.
- The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or any messages received or transactions entered through or from the Services.
- Unauthorized access to or alteration of your transmissions of data.
- Statements or conduct of any third party on or involved in providing the Services.
- Any other matter relating to the Services.
Uploading any restricted content as listed below may result in immediate account termination. You must not upload, post, host or transmit the following items to or from the service including but not limited to:
- Unsolicited email, SMS’s, or “Spam” messages.
- Worms, viruses or code of a destructive nature.
- Questionable or Illegal material (including copyrighted material).
The head office of Digité, Inc., is located at:
21060 Homestead Rd, Suite 220, Cupertino, CA 95014