Terms and
Conditions.

Unless the context otherwise requires:

• Account means a user account created to access the Platform.
• Business Customer means any business, organisation, merchant, client or other entity using the Platform.
• Content means any text, images, video, audio, software, data, branding, communications or other material uploaded to or made available through the Platform.
• Platform means SWiiFT Studio and all associated websites, applications, APIs, software, digital wallets, engagement tools, integrations, infrastructure, products, services and technologies operated by Pixel Boss Pty Ltd.
• Services means all products and services made available through the Platform.
• User means any individual or entity accessing or using the Platform.

SWiiFT Studio is a technology platform that enables businesses to create, manage and deliver digital engagement experiences.

The Platform may include, without limitation:

• digital wallets
• membership programs
• loyalty programs
• customer engagement tools
• CRM functionality
• communications
• digital identity
• QR codes, NFC and barcode technologies
• analytics
• reporting
• APIs
• automation
• artificial intelligence
• integrations
• payment integrations
• marketplace functionality
• future products and services introduced from time to time

SWiiFT Studio may add, modify or discontinue Services at any time.

SWiiFT Studio provides technology infrastructure only.

Our role is limited to designing, operating, maintaining and supporting the Platform and associated technology.

Our Services may include:

• cloud infrastructure
• software
• hosting
• backend systems
• APIs
• integrations
• customer engagement infrastructure
• digital wallet infrastructure
• analytics
• communications technology
• reporting
• technical support
• secure data management

Unless expressly agreed in writing, SWiiFT Studio is not:

• a retailer
• a merchant
• a supplier of products
• a promoter
• a competition organiser
• a loyalty program operator
• a payment processor
• an issuer of rewards
• a provider of goods or services offered by Business Customers
• a party to transactions between Users and Business Customers

SWiiFT Studio provides the technology through which Business Customers may interact with their customers.

Each Business Customer is solely responsible for:

• all promotions
• offers
• discounts
• rewards
• loyalty programs
• memberships
• campaigns
• competitions
• products
• services
• pricing
• marketing communications
• customer communications
• legal compliance
• customer support
• warranties
• refunds
• fulfilment
• all representations made to Users

SWiiFT Studio does not review, approve, guarantee or warrant the legality, accuracy or availability of any content, campaign, offer or promotion created by a Business Customer.

Any dispute relating to a promotion, purchase, membership, reward, offer, campaign, product or service is solely between the User and the relevant Business Customer.

To the maximum extent permitted by law, SWiiFT Studio accepts no responsibility or liability arising from the acts or omissions of Business Customers.

Nothing contained within these Terms creates any partnership, agency, joint venture, employment, franchise or fiduciary relationship between SWiiFT Studio and any User or Business Customer.

Each Business Customer operates independently and remains solely responsible for its own business operations and legal obligations.

You warrant that:

• you have legal capacity to enter into these Terms
• all information you provide is accurate
• you will keep your information current
• your use of the Platform complies with all applicable laws

You are responsible for maintaining the confidentiality of your login credentials.

You are responsible for all activities conducted through your Account.

You must immediately notify us of any unauthorised use.

You must not:

• use the Platform unlawfully
• interfere with Platform security
• upload malicious software
• distribute unlawful content
• infringe intellectual property rights
• attempt unauthorised access
• reverse engineer the Platform except where prohibited by law
• impersonate another person or organisation
• misuse the Services

We may suspend or terminate access for any breach of these Terms.

All intellectual property rights in the Platform remain the exclusive property of Pixel Boss Pty Ltd or its licensors.

Except as expressly permitted, no licence, assignment or transfer of ownership is granted.

Users retain ownership of content they upload but grant SWiiFT Studio a non-exclusive, worldwide, royalty-free licence to host, process, transmit, display and use that content solely for the purpose of providing the Services.

Personal information is collected, used and disclosed in accordance with our Privacy Policy and applicable privacy legislation.

Business Customers warrant that they have obtained all required consents for personal information processed through the Platform.

The Platform may integrate with third-party services.

These may include:

• Apple
• Google
• payment gateways
• cloud providers
• AI providers
• messaging services
• CRM systems
• other technology providers

SWiiFT Studio is not responsible for third-party software, outages, policies, decisions or functionality.

Where AI-powered features are made available:

• outputs are generated automatically
• outputs may be incomplete or inaccurate
• Users remain responsible for verifying all information
• AI-generated outputs do not constitute legal, financial, taxation, medical or professional advice

The Platform is provided on an “as available” and “as is” basis.

We do not warrant uninterrupted availability.

Maintenance, upgrades, outages, cybersecurity incidents or third-party failures may affect access.

We may at any time modify, replace, suspend, discontinue, redesign, expand or retire any feature or Service without liability.

Some Services may be offered free of charge.

SWiiFT Studio reserves the right at any time to:

• introduce subscription fees
• convert free Services into paid Services
• introduce premium functionality
• discontinue free Services
• impose usage limits

No User acquires a perpetual entitlement to free access.

Beta, preview and early access Services are provided without warranty and may be changed or withdrawn at any time.

Where fees apply:

• they must be paid in accordance with the applicable agreement
• taxes are payable in addition unless stated otherwise
• unpaid amounts may result in suspension or termination

We may suspend or terminate access immediately where:

• these Terms are breached
• fraud is suspected
• security requires action
• required by law
• Services are discontinued
• continued operation is commercially impracticable

Except as required by law, the Platform is provided without any express or implied warranty.

We do not warrant that:

• the Platform will be uninterrupted
• the Platform will be error free
• all defects will be corrected
• Services will meet every User requirement
• data loss will never occur

To the maximum extent permitted by law, SWiiFT Studio, Pixel Boss Pty Ltd and their officers, employees, contractors and affiliates exclude all liability for any indirect, consequential, incidental, exemplary or special loss or damage, including loss of profits, goodwill, reputation, opportunity, revenue, business interruption or data.

Without limitation, SWiiFT Studio is not liable for:

• Business Customer promotions
• offers
• rewards
• products
• services
• pricing
• fulfilment
• loyalty programs
• competitions
• customer disputes
• payment disputes
• third-party outages
• cyber attacks
• internet failures
• cloud failures
• reliance upon Platform content

Where liability cannot lawfully be excluded, it is limited to the maximum extent permitted by law.

Nothing in these Terms excludes, restricts or modifies any rights or remedies available under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law.

Where permitted, our liability is limited to resupplying the relevant Services, or paying the cost of resupplying those Services.

You indemnify and hold harmless SWiiFT Studio, Pixel Boss Pty Ltd, its directors, officers, employees and contractors against any claim, liability, damage, cost or expense arising from:

• your breach of these Terms
• your unlawful conduct
• infringement of third-party rights
• your misuse of the Platform

SWiiFT Studio is not liable for delay or failure resulting from circumstances beyond its reasonable control, including natural disasters, pandemics, cyber attacks, government action, telecommunications failures, utility failures or failures of third-party providers.

The Platform is operated from Australia but may be accessed internationally.

Users outside Australia are responsible for complying with all applicable local laws.

Where mandatory laws of another jurisdiction apply and cannot lawfully be excluded, those laws prevail to the extent required. Otherwise, these Terms are governed by Australian law.

We may amend these Terms from time to time.

Material amendments will be published on the Platform or otherwise notified to Users.

Continued use of the Platform following publication constitutes acceptance of the amended Terms.

These Terms are governed by the laws of Victoria, Australia and the Commonwealth of Australia.

The parties submit to the non-exclusive jurisdiction of the courts of Victoria.

If any provision is held to be invalid or unenforceable, the remaining provisions remain in full force and effect.

These Terms, together with our Privacy Policy and any applicable service-specific terms, constitute the entire agreement between the parties concerning the Platform and supersede all prior discussions, representations and agreements relating to their subject matter.