Terms of Service

The Service is provided by:

Gil Faria (sole proprietor) Email: legal@swe.pt Address: [To be updated]

For support inquiries: support@swe.pt For privacy matters: privacy@swe.pt

Swept is a spam and scam call blocking and institutional caller identification application for iPhone. The Service consists of:

- iOS application: Downloads and manages a database of known spam numbers and institution numbers, and provides spam reporting functionality.
- CallKit Call Directory Extension: Pushes block and identification lists to iOS for on-device call matching.
- Backend services: Cloudflare-hosted infrastructure for blocklist distribution and anonymized spam report collection.
- Website: Product information, legal documents, and waitlist signup at swe.pt.

The Service requires iOS 18 or later and is available for iPhone only (no iPad or Mac support).

To use Swept, you must:

- Be at least 16 years of age.
- Have a valid Apple ID and a compatible iPhone running iOS 18 or later.
- Be responsible for maintaining the security of your device and Apple ID.

By using the Service, you represent and warrant that you meet these requirements.

Swept is a free service. There is no subscription, no free trial, and no in-app purchases required to use the Service.

- No payment required: All features of Swept are available at no cost.
- Distribution: The app is distributed through the Apple App Store.
- Future changes: We reserve the right to introduce optional paid features or business services in the future. Any such changes will be communicated in advance and will not affect the availability of existing free features.
- Voluntary support: The app may offer an optional tip jar for users who wish to support development. This is entirely voluntary and does not affect functionality.

If you are a consumer in the European Union, you have the following statutory rights that cannot be overridden by these Terms:

- Conformity rights: Under the Digital Content Directive (Directive (EU) 2019/770), digital content must be in conformity with the contract. If the Service does not function as described, you have the right to have it brought into conformity or, where appropriate, to receive a proportionate reduction or terminate the contract.
- Portuguese consumer law: Your rights under Lei n.º 24/96 (Lei de Defesa do Consumidor) are fully preserved. Nothing in these Terms limits mandatory consumer protections under Portuguese law.
- Free service: As Swept is provided free of charge, consumer withdrawal rights relating to paid digital content do not apply. You may stop using the Service at any time by uninstalling the app.

When you report a phone number through the Service:

- Your report is anonymized before being stored. We do not associate reports with your identity.
- You agree to submit reports in good faith — only report numbers that you genuinely believe are spam, scam, or unwanted telemarketing.
- Deliberately false or malicious reports (e.g., reporting a known legitimate number as spam) may result in temporary or permanent suspension from the reporting feature.
- Reported numbers go through a review process. A single report does not guarantee a number will be added to the blocklist.
- Number owners may dispute incorrect flags. See our Privacy Policy for the dispute process.

- The Swept name and logo are trademarks of Gil Faria. You may not use them without prior written permission.
- The Swept software, design, and database are proprietary. All rights are reserved.
- You may not create derivative works based on the Service, or copy, redistribute, or commercially exploit any part of it.
- When you submit a spam report, you grant us a non-exclusive, royalty-free, worldwide license to use the reported data (phone number and category) as part of the community blocklist. This license is necessary to operate the Service.

You agree not to:

- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the app.
- Use the Service for any unlawful purpose or in violation of any applicable law.
- Submit deliberately false or malicious spam reports.
- Attempt to gain unauthorized access to our servers, databases, or backend infrastructure.
- Use bots, scrapers, or automated tools to interact with the Service.
- Circumvent rate limits or other technical restrictions.
- Redistribute the blocklist database or any data obtained from the Service.

To the maximum extent permitted by applicable law, the Service is provided "as is" and "as available" without warranties of any kind, whether express or implied.

- We do not guarantee that all spam or scam calls will be blocked.
- We do not guarantee the accuracy of caller identification data.
- Database accuracy is best-effort — we curate data from public sources and community reports, but errors may occur.

EU consumer law carve-out: This disclaimer does not affect your statutory rights under EU consumer protection law, including the Digital Content Directive (Directive (EU) 2019/770). Where mandatory consumer rights apply, they take precedence over this section.

To the maximum extent permitted by applicable law:

- Swept shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Service, including but not limited to missed calls from legitimate callers that were incorrectly blocked.
- Our aggregate liability to you for all claims arising under or related to these Terms is limited to the total fees you have paid us in the 12 months preceding the claim.

Exclusions: Nothing in these Terms excludes or limits our liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, gross negligence, or any other liability that cannot be excluded under applicable EU or Portuguese law.

You agree to indemnify and hold Swept harmless from claims, damages, losses, and expenses (including reasonable legal fees) arising from your violation of these Terms.

This indemnification obligation is limited to situations involving deliberate misuse of the Service (e.g., submitting false reports, unauthorized access attempts). It does not apply to ordinary use of the Service, even if a dispute arises.

Consumer protection carve-out: This section does not override any mandatory consumer protection rights under EU or Portuguese law.

The Service relies on the following third-party services:

- Apple App Store: For app distribution.
- Cloudflare: For backend infrastructure (hosting, CDN, database).
- TelemetryDeck: For privacy-first app analytics.

We are not responsible for the availability, performance, or policies of these third-party services. Their use is governed by their respective terms and privacy policies.

Your privacy is fundamental to Swept. Please read our Privacy Policy, which is incorporated into these Terms by reference.

Key commitments:
- All call matching happens on your device — we never see your calls.
- We never upload your contacts.
- Spam reports are anonymized.
- We use privacy-first analytics (TelemetryDeck) with no personal data collection.
- All infrastructure is hosted in the EU.

By us: We may suspend or terminate your access to the Service if you materially violate these Terms. Where possible, we will provide notice and an opportunity to remedy the violation before termination.

By you: You may stop using the Service at any time by uninstalling the app.

Effect of termination: Upon termination, your license to use the Service ends. On-device data (blocklist database) will be removed when you uninstall the app. Any anonymized spam reports you submitted will remain in the database.

Surviving sections: Sections 7 (Intellectual Property), 9 (Disclaimer), 10 (Limitation of Liability), 11 (Indemnification), and 16 (Governing Law) survive termination.

We may update these Terms from time to time. When we make material changes:

- We will provide at least 30 days' advance notice via the app and, where applicable, by email.
- The updated Terms will be posted on this page with a new "Last updated" date.
- Your continued use of the Service after the effective date of the changes constitutes acceptance of the updated Terms.
- If you disagree with the changes, you should stop using the Service.

These Terms are governed by and construed in accordance with the laws of Portugal.

Any disputes arising from or relating to these Terms shall be submitted to the courts of Lisbon, Portugal, unless mandatory consumer protection law grants you the right to bring proceedings in your country of residence.

EU Online Dispute Resolution: If you are a consumer in the EU, you may also use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

Mandatory consumer rights: Nothing in this section restricts your rights under mandatory consumer protection law, including the right to bring proceedings in your country of habitual residence.

Before initiating formal proceedings, we encourage both parties to attempt to resolve disputes through good-faith negotiation. Contact us at legal@swe.pt.

Neither party shall be liable for failure to perform obligations under these Terms where such failure results from circumstances beyond reasonable control, including but not limited to:

- Natural disasters, epidemics, or pandemics
- Government actions, embargoes, or sanctions
- Internet or telecommunications failures
- Cyberattacks or security incidents affecting third-party infrastructure
- Strikes, lockouts, or labor disputes

The affected party will use reasonable efforts to mitigate the impact and resume performance as soon as practicable.

- Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force and effect.
- Waiver: Failure to enforce any provision does not constitute a waiver of future enforcement.
- Entire agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Swept regarding the Service.
- Assignment: We may assign our rights and obligations under these Terms. You may not assign yours without our written consent.
- No third-party beneficiaries: These Terms do not create rights for any third party.

Contact us:
- Legal matters: legal@swe.pt
- Support: support@swe.pt
- Privacy: privacy@swe.pt
- Number disputes: disputes@swe.pt