Terms of Service
1. Acceptance of Terms
By accessing, registering for, or using the Warser platform ("the Service"), you confirm that you have read, understood, and agree to be bound by these Terms of Service ("Terms") on behalf of yourself and the organisation you represent ("Customer", "you", or "your"). These Terms constitute a legally binding agreement between the Customer and SWYFTHQ LTD ("we", "us", "our", or "Warser").
If you are accepting these Terms on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms. If you do not have such authority, or if you do not agree with any part of these Terms, you must not use the Service.
Your continued use of the Service following any updates to these Terms constitutes your acceptance of the revised Terms. We will provide notice of material changes as described in Section 13.
2. Description of the Service
Warser is a business-to-business software-as-a-service ("SaaS") platform designed to help organisations manage access requests, automate joiner, mover, and leaver ("JML") workflows, synchronise identity directories, automate provisioning, maintain audit logs, and carry out related IT governance activities.
The Service is intended solely for use by organisations and their authorised employees and contractors. It is not a consumer product and is not intended for personal, family, or household use.
We may update, modify, or discontinue features of the Service from time to time. Where changes materially affect your use of the Service, we will provide reasonable advance notice.
3. Account Registration and Security
To use the Service, you must register for an account and provide accurate, complete, and current information about yourself and your organisation. You agree to maintain and promptly update your account information to keep it accurate.
You are solely responsible for:
- Maintaining the confidentiality of your account credentials, including passwords and multi-factor authentication codes
- All activity that occurs under your account, whether authorised by you or not
- Ensuring that all users within your organisation who access the Service do so in compliance with these Terms
- Promptly notifying us at privacy@warser.ai if you become aware of any unauthorised access to or use of your account
We reserve the right to suspend or terminate accounts where we have reasonable grounds to believe that credentials have been compromised or that the account is being used in violation of these Terms.
4. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. In particular, you must not:
- Use the Service for any purpose that is unlawful under applicable law or regulation, including but not limited to data protection law, employment law, and computer misuse legislation
- Attempt to gain unauthorised access to any part of the Service, its infrastructure, or the data of other customers
- Introduce viruses, trojans, worms, or other malicious or technologically harmful material into the Service
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service
- Use the Service to process personal data that you do not have the legal right to process, or for purposes that are incompatible with the purposes disclosed to data subjects
- Resell, sublicense, or otherwise make the Service available to third parties without our prior written consent
- Use automated scripts, bots, or other tools to scrape, harvest, or extract data from the Service
- Impersonate any person or entity or misrepresent your affiliation with any person or entity
- Use the Service in any way that could damage, disable, overburden, or impair our infrastructure or interfere with other customers' use of the Service
We reserve the right to investigate any suspected violation of this section and to suspend or terminate access where violations are found.
5. Subscription, Fees, and Payment
Access to the full features of the Service requires a paid subscription. Details of available subscription tiers and pricing are set out at warser.ai/pricing and may be updated from time to time in accordance with Section 13.
Unless otherwise agreed in writing:
- Subscriptions are billed in advance on a monthly or annual basis, depending on the plan selected
- All fees are stated exclusive of VAT and any other applicable taxes, which will be added where required by law
- Payment is due on the date of invoicing. We use Stripe to process payments securely; by providing payment details you agree to Stripe's terms of service
- We reserve the right to change pricing with at least 30 days written notice. Where price changes materially affect your subscription, you may terminate your subscription before the new pricing takes effect without penalty
- Failure to pay fees when due may result in suspension of your account after reasonable notice. Continued non-payment may result in termination and deletion of your data in accordance with Section 12
All payments are non-refundable except where required by applicable law or as otherwise expressly agreed in writing.
6. Free Tier
We may offer a free tier of the Service with limited features and usage caps. The free tier is provided at our discretion and is subject to fair use. We reserve the right to modify the features available on the free tier, reduce usage caps, or withdraw the free tier entirely with reasonable prior notice.
Use of the free tier is subject to these Terms in full.
7. Intellectual Property Rights
All intellectual property rights in the Service — including but not limited to the software, source code, algorithms, user interface designs, documentation, trademarks, and branding — are and shall remain the exclusive property of SWYFTHQ LTD or its licensors. These Terms do not transfer any intellectual property rights to you. You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Service solely for your internal business purposes during the term of your subscription.
Your data — meaning any data, content, or information that you or your users input into or generate through the Service — remains your property at all times. You grant us a limited licence to process your data solely as necessary to provide the Service and as described in our Privacy Policy and Data Processing Agreement.
Any feedback, suggestions, or ideas you provide to us about the Service may be used by us freely without any obligation to you.
8. Confidentiality
Each party agrees to treat as confidential all non-public information disclosed by the other party in connection with the Service that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure ("Confidential Information").
Each party agrees to:
- Use Confidential Information only for the purpose of exercising its rights and fulfilling its obligations under these Terms
- Not disclose Confidential Information to any third party without the prior written consent of the disclosing party, except to employees or contractors who need to know it for those purposes and are bound by equivalent confidentiality obligations
- Apply at least the same standard of care to protect the Confidential Information as it applies to its own confidential information of a similar nature, and in any event no less than reasonable care
These obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party at the time of disclosure; (c) is independently developed by the receiving party without use of the Confidential Information; or (d) is required to be disclosed by law, regulation, or court order, provided the receiving party gives prompt notice to the disclosing party where legally permissible.
9. Warranties and Disclaimers
We warrant that:
- We have the right and authority to enter into these Terms and to grant the licences described herein
- We will provide the Service with reasonable skill and care, consistent with industry standards
- We will implement and maintain appropriate technical and organisational security measures as described in our Data Processing Agreement
We do not warrant that:
- The Service will be available uninterrupted, error-free, or free from security vulnerabilities at all times
- The Service will meet any specific performance benchmarks unless agreed in writing
- Any errors or defects in the Service will be corrected within any particular timeframe
The Service is provided to businesses and the implied warranties and conditions applicable to consumer contracts do not apply. All other warranties, representations, or conditions not expressly stated in these Terms are excluded to the maximum extent permitted by law.
10. Limitation of Liability
To the maximum extent permitted by applicable law:
- Neither party shall be liable to the other for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of goodwill, or business interruption, howsoever caused and under any theory of liability, even if the party has been advised of the possibility of such damages
- Our total aggregate liability to you under or in connection with these Terms — whether in contract, tort (including negligence), breach of statutory duty, or otherwise — shall not exceed the total fees paid by you to us in the 12-month period immediately preceding the event giving rise to the claim
- Where you are using the free tier, our total aggregate liability shall not exceed £100
Nothing in these Terms shall limit or exclude either party's liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be excluded or limited by applicable law.
11. Indemnification
You agree to defend, indemnify, and hold harmless SWYFTHQ LTD and its directors, employees, and contractors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Service in violation of these Terms; (b) your violation of any applicable law or regulation; (c) any claim by a third party arising from data you have submitted to the Service; or (d) your infringement of any third party's intellectual property or other rights.
12. Term and Termination
These Terms commence on the date you first register for the Service and continue until terminated.
Either party may terminate these Terms on 30 days written notice to the other. You may terminate at any time by cancelling your subscription through the Service or by contacting us at privacy@warser.ai.
We may terminate or suspend your access to the Service immediately and without notice if: (a) you materially breach these Terms and fail to remedy the breach within 14 days of written notice; (b) you fail to pay any fees when due; (c) you become insolvent, enter administration, or are wound up; or (d) we are required to do so by law or regulation.
On termination for any reason:
- Your right to access and use the Service will cease immediately
- We will retain your data for 30 days following termination, during which time you may request a data export by contacting privacy@warser.ai
- After the 30-day retention period, your data will be permanently deleted from our systems unless we are required by law to retain it for longer
- Provisions of these Terms that by their nature should survive termination will continue to apply, including Sections 7, 8, 10, 11, and 14
13. Changes to These Terms
We may update these Terms at any time. Where changes are material — meaning they significantly affect your rights or obligations — we will notify you by email to the address associated with your account at least 14 days before the changes take effect.
Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service before the effective date and may terminate your subscription in accordance with Section 12.
Non-material changes (such as clarifications or corrections) may take effect immediately.
14. Governing Law and Dispute Resolution
These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
The parties agree to attempt to resolve any dispute arising out of or in connection with these Terms through good faith negotiation before initiating formal proceedings. Any dispute that cannot be resolved through negotiation shall be subject to the exclusive jurisdiction of the courts of England and Wales.
15. General
Entire agreement: These Terms, together with our Privacy Policy and Data Processing Agreement, constitute the entire agreement between you and SWYFTHQ LTD in relation to the Service and supersede all prior agreements, representations, and understandings.
Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if that is not possible, severed from these Terms. The remaining provisions will continue in full force and effect.
Waiver: Failure to enforce any provision of these Terms shall not constitute a waiver of our right to enforce it in future.
Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to any successor entity in connection with a merger, acquisition, or sale of assets.
Force majeure: Neither party shall be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemic, or failure of third-party infrastructure.
Notices: Notices under these Terms should be sent to privacy@warser.ai or to the address registered in your account. We may send notices to the email address associated with your account.
16. Contact Us
For questions about these Terms, to exercise your rights, or to report a concern:
SWYFTHQ LTD
3rd Floor, 86-90 Paul Street
London, EC2A 4NE
England
privacy@warser.ai