1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and AppSwing s.r.o. ("we", "us", or "our") governing your access to and use of the InfraPoint platform, including all associated services, features, content, and applications (collectively, the "Service").

By creating an account, accessing the Service, or accepting an invitation to join a tenant workspace, you agree to be bound by these Terms. If you are entering into these Terms on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation, and "you" refers to that organisation.

If you do not agree with any part of these Terms, you must not access or use the Service. Your continued use of the Service following any modifications to these Terms constitutes acceptance of those modifications.

2. Description of Service

InfraPoint is a cloud-based IT Service Management platform that provides ITIL-aligned capabilities for managing IT services within organisations. The Service includes, but is not limited to, the following features:

• • Incident management with priority derived from urgency and impact, and SLA tracking
• • Problem management for root cause analysis and known error documentation
• • Change management with approval workflows, risk assessment, and scheduling through release windows
• • Release management with calendar-based scheduling and deployment tracking
• • Service request fulfilment with configurable categories and step-based workflows
• • Configuration management and system dependency mapping
• • Role-based access control, team management, and audit logging

We reserve the right to modify, update, or discontinue features of the Service at any time. We will provide reasonable notice of any material changes that may affect your use of the platform.

3. Account Registration

To use the Service, you must register for an account by providing accurate, current, and complete information as prompted during the registration process. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You must immediately notify us of any unauthorised use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your account credentials. You may not share your account credentials with any other person or allow multiple individuals to use a single account.

We reserve the right to suspend or terminate accounts that we reasonably believe to be in violation of these Terms, that contain false or misleading registration information, or that have been inactive for an extended period as defined in your subscription agreement.

4. Tenant Provisioning & Multi-Tenancy

InfraPoint operates on a multi-tenant architecture where each subscribing organisation ("Tenant") is provisioned with an isolated workspace. Each Tenant's data is stored in its own dedicated database, ensuring strict data separation between organisations.

The individual who creates the Tenant workspace is designated as the initial Tenant Administrator and is responsible for configuring the workspace, inviting users, assigning roles and permissions, and managing the organisation's use of the Service. Tenant Administrators may delegate administrative responsibilities to other authorised users.

You acknowledge that while we implement robust security measures to maintain data isolation between tenants, the Service operates on shared infrastructure. We continuously monitor and test our isolation mechanisms to prevent cross-tenant data access.

5. Acceptable Use

You agree to use the Service only for its intended purpose of IT service management and in compliance with all applicable laws and regulations. You shall not:

• • Attempt to gain unauthorised access to other Tenant workspaces, accounts, or systems connected to the Service
• • Use the Service to transmit malware, viruses, or any other malicious code
• • Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Service
• • Use automated tools, bots, or scripts to scrape, extract, or collect data from the Service
• • Interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure
• • Use the Service to store or process data that violates applicable data protection laws or third-party rights
• • Resell, sublicense, or provide access to the Service to third parties without our prior written consent

6. Intellectual Property

The Service, including all software, code, design, text, graphics, logos, icons, images, workflows, and documentation, is the exclusive property of AppSwing s.r.o. and is protected by copyright, trademark, and other intellectual property laws. All rights not expressly granted in these Terms are reserved.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes during the term of your subscription. This licence does not include the right to modify, distribute, or create derivative works based on the Service.

You may provide feedback, suggestions, or ideas regarding the Service ("Feedback"). You agree that we are free to use, disclose, reproduce, license, and distribute such Feedback without any obligation or compensation to you.

7. Data Ownership & Processing

You retain all ownership rights to the data you submit to the Service ("Customer Data"). Customer Data includes tickets, incident records, change requests, service requests, configuration items, attachments, comments, and any other content uploaded by you or your authorised users.

You grant us a limited licence to host, store, process, and display Customer Data solely for the purpose of providing the Service to you. We will not access your Customer Data except as necessary to deliver the Service, provide support at your request, or comply with legal obligations.

Where applicable, the processing of personal data within Customer Data is carried out under a data processing agreement meeting the requirements of Article 28 of the GDPR, available on request. You are responsible for ensuring that you have the appropriate legal basis to submit personal data to the Service.

8. Service Availability

We work to keep the Service continuously available, but we do not guarantee a specific uptime level on self-serve plans. Scheduled maintenance will be announced in advance and will, where possible, be performed outside usual business hours.

We are not responsible for service interruptions caused by factors beyond our reasonable control, including but not limited to natural disasters, acts of government, internet connectivity issues, third-party service failures, or denial-of-service attacks. We will communicate significant service disruptions through in-platform notifications and by email.

9. Payment Terms

New workspaces start with a 14-day free trial that requires no payment method. When the trial ends, the workspace is locked until a subscription is chosen; your data remains in place while the workspace is locked.

Subscription fees are charged in advance on a monthly or annual basis to the payment method on file, per licensed user. All fees are quoted exclusive of applicable taxes, which will be added where required by law.

If a charge fails, we will notify you and retry the payment. If payment continues to fail after notice and a reasonable cure period, we may suspend access to the Service. Extended non-payment may result in termination of your subscription and deletion of your Tenant data in accordance with our data retention policy.

We may adjust subscription fees upon renewal by providing at least 60 days' written notice prior to the start of the next billing period. Any price changes will not affect the current prepaid subscription term.

10. Termination

Either party may terminate the subscription by providing written notice at least 30 days before the end of the current billing period. Upon termination, your right to access the Service will cease at the end of the paid subscription period.

We may terminate or suspend your access to the Service immediately, without prior notice, if you materially breach these Terms, engage in activities that threaten the security or integrity of the Service, fail to make payment after notice and a reasonable cure period, or if required to do so by law.

Upon termination, we will, on request, provide an export of your Customer Data for a period of 30 days. After this period, all Customer Data associated with your Tenant will be permanently deleted from our systems and backups within a further 30 days, unless retention is required by law. Termination does not relieve you of the obligation to pay any fees accrued prior to the effective date of termination.

11. Limitation of Liability

To the maximum extent permitted by applicable law, AppSwing s.r.o. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill, arising out of or in connection with your use of or inability to use the Service, regardless of the theory of liability.

Our total aggregate liability for any claims arising out of or related to these Terms or the Service shall not exceed the total amount of fees paid by you to us during the twelve (12) months immediately preceding the event giving rise to the claim.

The limitations in this section apply regardless of whether we have been advised of the possibility of such damages and even if a remedy set forth in these Terms is found to have failed its essential purpose. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud or wilful misconduct.

12. Indemnification

You agree to indemnify, defend, and hold harmless AppSwing s.r.o., its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your breach of these Terms; (b) your use of the Service in a manner not authorised by these Terms; (c) any Customer Data that infringes the intellectual property or privacy rights of a third party; or (d) your violation of any applicable law or regulation.

We will indemnify you against claims that the Service, as provided by us, infringes a valid patent, copyright, or trademark of a third party, provided you promptly notify us of the claim, grant us sole control of the defence, and cooperate with us in the defence. If the Service becomes the subject of an infringement claim, we may, at our option, modify the Service to be non-infringing, obtain a licence for your continued use, or terminate the affected subscription with a pro-rata refund of prepaid fees.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Slovak Republic, without regard to its conflict of laws principles. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the Slovak Republic.

Before initiating any legal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiation for a period of at least 30 days following written notice of the dispute. If the dispute cannot be resolved through negotiation, either party may pursue formal legal remedies as provided in this section.

14. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you at least 30 days in advance by posting the updated Terms on our website and sending a notification through the Service. The updated Terms will indicate the effective date of the changes.

Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree with the modified Terms, you must discontinue use of the Service and may terminate your subscription in accordance with the termination provisions above.

15. Contact

If you have any questions about these Terms of Service or need to provide legal notices, please contact us: