Terms of Service

1. Acceptance of Terms

By accessing or using SwiftCloud (the "Platform"), you agree to comply with and be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Platform.

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or prominent notice on the Platform. Your continued use after changes constitutes acceptance of the new Terms.

2. Description of Service

SwiftCloud provides cloud infrastructure services including but not limited to:

• Container application hosting and scaling (App Platform)
• Domain registration and DNS management
• Managed database hosting (PostgreSQL and MariaDB)
• S3-compatible object storage
• Related tools and services

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time.

3. Eligibility and Account Registration

3.1 Age Requirement

You must be at least 18 years old or the age of legal majority in your jurisdiction to use the Platform. By using the Platform, you represent and warrant that you meet this requirement.

3.2 Account Registration

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password confidential and secure
• Notify us immediately of unauthorized access
• Accept responsibility for all activities under your account

3.3 Account Restrictions

You may not:

• Create multiple accounts to abuse promotions or circumvent restrictions
• Use another person's account without authorization
• Transfer or sell your account

4. Acceptable Use

4.1 Permitted Use

You may use the Platform for lawful purposes only, in accordance with these Terms and applicable laws and regulations.

4.2 Prohibited Activities

You agree NOT to use the Platform to:

• Illegal Activities: Engage in any illegal, fraudulent, or harmful activities
• Malware: Distribute viruses, malware, or malicious code
• Attacks: Launch DDoS attacks, hacking attempts, or security breaches
• Spam: Send unsolicited communications or spam
• Infringement: Violate intellectual property rights
• Harassment: Harass, threaten, or harm others
• Reverse Engineering: Attempt to access source code or proprietary algorithms
• Interference: Disrupt or interfere with Platform security or functionality
• Resource Abuse: Excessive resource consumption affecting other users
• Reselling: Resell services without explicit written authorization

5. User Content

5.1 Ownership

You retain ownership of content you create, upload, or store on the Platform ("User Content").

5.2 License to SwiftCloud

By using the Platform, you grant SwiftCloud a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, and display your User Content solely for providing and improving the Service.

5.3 Content Restrictions

You are solely responsible for your User Content. You represent that you have all necessary rights to post such content and that it does not violate these Terms or applicable law.

5.4 Content Removal

We reserve the right to remove any User Content that violates these Terms, without notice and at our sole discretion.

6. Intellectual Property

6.1 Platform Ownership

SwiftCloud and its licensors own all rights, title, and interest in the Platform, including:

• Software, code, and algorithms
• Trademarks, logos, and brand elements
• Documentation, guides, and materials
• Design, layout, and user interface

6.2 Restrictions

You may not copy, modify, distribute, sell, lease, or create derivative works from the Platform without explicit written permission.

7. Fees and Payment

7.1 Pricing

Services are billed according to published rates. We reserve the right to change pricing with reasonable notice.

7.2 Payment Terms

SwiftCloud operates on a prepaid model. You must maintain sufficient balance to use services. Failure to maintain balance may result in service suspension.

7.3 Refunds

Except as required by law, fees are non-refundable. Contact support for refund requests within 7 days of charge.

8. Service Availability

8.1 No Guarantee

We strive for high availability but do not guarantee uninterrupted, error-free service.

8.2 Maintenance

We may suspend service for maintenance with reasonable notice when possible.

8.3 Force Majeure

We are not liable for delays caused by events beyond reasonable control (natural disasters, war, terrorism, internet failures, etc.).

9. Privacy and Data Protection

Your privacy is important. Our Privacy Policy explains how we collect, use, and protect your personal information. By using the Platform, you consent to our data practices.

10. Disclaimers

11. Limitation of Liability

Our total liability shall not exceed the amount you paid to SwiftCloud in the 12 months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless SwiftCloud from any claims, damages, losses, or expenses arising from your use of the Platform, violation of these Terms, or infringement of third-party rights.

13. Termination

13.1 By You

You may terminate your account at any time via dashboard or by contacting support.

13.2 By SwiftCloud

We may suspend or terminate your access immediately, without notice, for:

• Breach of these Terms
• Fraudulent or illegal activity
• Non-payment
• Extended inactivity (90+ days)
• Security risks to the Platform

13.3 Effect of Termination

Upon termination:

• Your right to use the Platform ceases immediately
• Outstanding fees become immediately due
• Data may be deleted after 90 days
• Provisions surviving termination remain in effect

14. Governing Law

These Terms are governed by the laws of Zambia, without regard to conflict of law principles. Any disputes shall be resolved in the courts of Lusaka, Zambia.

15. Dispute Resolution

15.1 Informal Resolution

Before filing a claim, contact us at support@osystems.africa to attempt informal resolution.

15.2 Arbitration

If informal resolution fails, disputes shall be resolved by binding arbitration in Lusaka, Zambia, under the Arbitration Act of Zambia.

16. Class Action Waiver

Any proceedings must be conducted on an individual basis. Class actions, class arbitrations, and representative proceedings are waived.

17. Severability

If any provision is found unenforceable, it shall be modified to reflect the original intent while remaining provisions stay in full effect.

18. Assignment

You may not assign these Terms. SwiftCloud may assign rights without restriction.

19. Entire Agreement

These Terms constitute the entire agreement between you and SwiftCloud regarding the Platform, superseding any prior agreements.

20. Contact Information