Gebruiksbestuur

1. Scope

These Terms of Service (“Terms”) govern access to and use of:

• the Spwig websites and customer portals;
• Spwig hosted subscriptions;
• Spwig Pro and Enterprise licence-key purchasing, activation, update, and related services layered on top of the free Community edition;
• Spwig POS, which is included in every edition;
• Spwig mobile applications made available for merchant use;
• the developer portal;
• the community/forum and related public resources;
• the Spwig component marketplace and update infrastructure; and
• any free trials made available by Spwig.

These Terms apply on a business-to-business basis only. Spwig does not offer these services to consumers acting in a personal capacity.

2. Contracting Party

Your contract is with Spwig Pte. Ltd., a company incorporated in Singapore.

If you accept these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity.

3. Related Documents

These Terms must be read together with:

• the Spwig Privacy Policy;
• the GNU AGPL-3.0-or-later licence covering the Spwig Community edition source code;
• the Spwig Pro/Enterprise Licence Agreement, where you have purchased a Pro or Enterprise licence key that enables Spwig-hosted services on top of the Community core;
• any applicable order form, pricing page, plan description, or service-specific terms;
• any separate service level agreement (if expressly provided);
• any developer program, marketplace, or community rules (including the Developer Portal Terms of Service, which govern developer accounts, component submissions, revenue sharing, and marketplace participation); and
• any data processing agreement, if entered into between you and Spwig. A Data Processing Agreement template is available on request for hosted merchants who require one under applicable data protection law.

If there is a conflict:

1. a signed order form prevails over these Terms for the subject matter it covers;
2. a service-specific addendum or DPA prevails over these Terms for that service and subject matter;
3. the AGPL-3.0-or-later prevails over these Terms for the scope of your rights and obligations in the Spwig Community source code;
4. the Pro/Enterprise Licence Agreement prevails over these Terms for licence-key scope, activation, and enforcement of Spwig-hosted services; and
5. these Terms prevail for hosted subscriptions, portal use, website use, and general service conditions unless another document expressly overrides them.

4. Eligibility and B2B Use

You may use Spwig only for business purposes. You must be at least 18 years old, or the age of majority in your jurisdiction, to enter into these Terms. Community and forum participation requires a minimum age of 13.

You must not use Spwig if you are prohibited from doing so under the laws of Singapore or other applicable sanctions, trade, or export rules. The services may be subject to export control laws of Singapore, the United States, or other jurisdictions. You must not export, re-export, or use the services in violation of applicable export restrictions.

You must provide accurate, current, and complete account, company, billing, and contact information and keep it updated.

5. Services

5.1 Self-hosted

For self-hosted deployments, Spwig licenses software to you under the Software License Agreement. You are responsible for your own infrastructure, security configuration, backups, deployment decisions, third-party integrations, and legal compliance for your store.

5.2 Hosted

For hosted deployments, Spwig provisions and operates the infrastructure and application environment for your Spwig installation under the selected subscription plan.

Spwig targets commercially reasonable availability for hosted services but does not guarantee specific uptime outside of an express SLA.

For hosted Spwig, the merchant is the controller of merchant-controlled store data. Spwig provides the hosted infrastructure and application environment and may process merchant-controlled store data only to the limited extent necessary to provision, host, store, transmit, secure, maintain, and back up the hosted environment. Spwig does not have ordinary access to the contents of merchant-controlled store data within merchant containers. Spwig personnel can access such data only if the merchant separately provisions access for Spwig, such as by creating an account for support or troubleshooting purposes.

5.3 Developer Portal, Marketplace, and Community

Spwig may make available developer resources, marketplace functionality, documentation, forums, and other public or semi-public services. Additional conduct rules may apply to those services.

5.4 Trials

Spwig may offer free trials. Trial terms, duration, plan limits, and conversion behavior may be described on the relevant pricing or activation page. Unless expressly stated otherwise, trials are provided without SLA, without compensation commitments, and may be limited, suspended, or withdrawn at any time.

6. Accounts and Security

You are responsible for:

• all activity under your accounts and credentials;
• using strong passwords and appropriate multi-factor authentication where available;
• assigning permissions appropriately inside your own Spwig installation;
• maintaining the confidentiality of credentials; and
• notifying Spwig promptly if you believe an account, token, or service has been compromised.

Spwig may enforce security controls including MFA options, rate limits, session controls, audit logging, and other access restrictions.

7. Fees, Billing, and Payment

7.1 General

Fees are as displayed on Spwig.com, myspwig.com, a checkout page, or an applicable order form, unless otherwise agreed in writing. Taxes are additional unless expressly stated otherwise.

7.2 Spwig Community (self-hosted, free)

The Spwig Community edition is licensed under AGPL-3.0-or-later at no charge. No fees are payable to Spwig for Community use. Merchants remain responsible for their own hosting, deployment, and operating costs.

7.2A Pro and Enterprise Licence Keys

Pro and Enterprise licence keys are paid and are governed by the Pro/Enterprise Licence Agreement and the applicable checkout or order form. They unlock Spwig-hosted services (hosted email gateway, higher rate limits, priority support, SSO where applicable) on top of the Community core.

7.3 Hosted Subscriptions

Hosted subscriptions are billed in advance on the billing cycle selected at purchase. Current hosted plan structure, where offered, may include Starter, Growth, Pro, and Pro Plus tiers, with optional annual billing and add-ons such as POS.

Introductory or promotional pricing applies for the stated period only and reverts to the standard rate thereafter.

Merchant billing for hosted subscriptions is processed through Spwig’s payment provider flow. Spwig does not store full card numbers, CVV/CVC, PINs, or magnetic stripe data. Spwig may store billing identity information, provider token references, card last four digits, brand, expiry month/year, billing address, and transaction history as needed for billing administration, fraud prevention, accounting, and support.

7.4 No Refunds

Except where non-excludable law requires otherwise, Spwig does not provide refunds for:

• Pro or Enterprise licence-key fees already paid for the current term;
• hosted subscription fees already paid for the current billing period;
• annual maintenance or support periods already started;
• add-on fees already billed; or
• trial-to-paid conversions where the customer failed to cancel before renewal.

The Spwig Community edition is free (AGPL-3.0-or-later); no fees are payable to Spwig for Community use, so no refund arises.

Nothing in this section limits any remedy that cannot lawfully be excluded.

7.5 Price Changes

Spwig may change prices prospectively. Price changes do not retroactively alter licence-key rights already granted for their paid term, but may apply to renewals, maintenance, subscriptions, add-ons, or new purchases.

8. Subscription Lifecycle, Suspension, and Termination

8.1 Hosted Payment Failure and Grace Process

Unless otherwise stated in a signed order form, hosted subscriptions follow this general lifecycle:

• payment retry period: approximately 0–48 hours;
• grace period: 7 days, with service remaining operational;
• suspension period: up to 30 days, with the store placed into read-only mode and ordering disabled;
• cancellation: after the suspension period;
• termination countdown: up to 30 days after cancellation;
• final termination: destruction of the hosted environment at the end of the termination period.

Spwig may vary this process for fraud, abuse, sanctions, legal risk, or urgent security concerns.

8.2 Hosted Data Export and Backups After Termination

Where a hosted environment is terminated, Spwig may, on request and subject to feasibility, retain a post-termination backup archive for up to 90 days after termination. After that period, Spwig may permanently delete remaining hosted backups and archives.

8.3 Pro/Enterprise Licence-Key Enforcement

Pro and Enterprise licence-key enforcement is governed by the Pro/Enterprise Licence Agreement, including any grace periods, warnings, or feature-gating mechanisms that apply when a paid tier lapses. The Community edition (AGPL-3.0-or-later) is unaffected by licence-key status and continues to function without restriction.

8.4 Termination for Cause

Spwig may suspend or terminate access to any service, account, subscription, marketplace participation, developer access, or community access if:

• you breach these Terms or the Software License Agreement;
• you fail to pay fees when due;
• you use the services unlawfully or in a way that creates legal, operational, security, or reputational risk;
• you attempt to bypass licensing, security, access controls, quotas, or plan limits;
• you use Spwig to distribute malware, spam, illegal content, or infringing material;
• you materially abuse shared infrastructure or service endpoints; or
• Spwig is required to do so by law, sanctions, regulator direction, or court order.

For curable breaches other than payment default, security violations, or legal violations, Spwig will use reasonable efforts to provide 14 days' written notice and opportunity to cure before terminating. This cure period does not apply where immediate action is reasonably necessary to protect Spwig, its infrastructure, or other customers.

9. Data, Privacy, and Role Allocation

9.1 Merchant Data Ownership

As between Spwig and the merchant, the merchant retains rights in its own store content and merchant-controlled business data.

9.2 Controller / Processor Split

• For merchant account, billing, licensing, support, portal, website, and business relationship data, Spwig acts as controller.
• For self-hosted customer/store data that remains in the merchant’s own environment, Spwig generally does not process that data in the ordinary course except for limited service interactions described in the Privacy Policy.
• For hosted merchant-controlled store data, the merchant acts as controller and Spwig acts as a limited processor/service provider for hosting, storage, transmission, security, maintenance, and backup.

9.3 Self-hosted Service Interactions

For self-hosted installations, certain Spwig-operated services may process limited technical or end-user data when enabled or used, including licence verification, update checks, hotfix delivery, GeoIP lookups, address autocomplete, optional error reporting, and marketplace interactions. The current data flows are described in the Privacy Policy.

9.4 Privacy Policy

You must review the Privacy Policy. Where required by law, you are responsible for providing your own customer-facing privacy notice, cookie notice, and other compliance disclosures for your own store.

10. Security

Spwig uses reasonable technical and organizational measures appropriate to the service, including measures such as HTTPS enforcement in production, credential encryption for supported secrets, rate limiting, audit logging, and access controls.

For hosted services, Spwig may also use infrastructure security, encryption at rest, backups, and environment segregation. No system can be guaranteed to be completely secure.

For self-hosted deployments, you remain responsible for infrastructure hardening, server security, environment configuration, backup strategy, PCI scope, and deployment security.

11. Support

11.1 No Remote Backdoor Access

Spwig does not provide hidden remote admin access, backdoor accounts, or automatic support entry into merchant environments. If support access is needed for a hosted or self-hosted installation, the merchant must separately provision that access.

11.2 Support Channels and Plan Levels

Support availability may depend on plan or purchase level. Current indicative response targets are:

• Starter: email support, 48-hour response target;
• Growth: email support, 24-hour response target;
• Pro: priority support, 12-hour response target;
• Pro Plus: priority support with SLA where expressly provided.

These are service targets, not guaranteed remedies, unless an express SLA states otherwise.

11.3 No SLA Unless Expressly Provided

Only customers with an express written SLA are entitled to SLA commitments. References on pricing pages or feature descriptions to SLA-supported plans do not, by themselves, create uptime warranties, service credits, or guaranteed response remedies.

12. Acceptable Use

You must not use any Spwig service to:

• violate law or regulations;
• infringe intellectual property, privacy, publicity, or data protection rights;
• store, process, or distribute malware, spam, scraping tools, credential stuffing tools, or harmful code;
• interfere with or disrupt Spwig infrastructure, update endpoints, licensing systems, marketplace systems, or other customers;
• probe, scan, attack, or bypass security controls without authorization;
• use Spwig services in connection with fraudulent, deceptive, or prohibited commercial activity; or
• upload or distribute content that is illegal, abusive, defamatory, or otherwise prohibited under applicable law.

Spwig may investigate suspected misuse and cooperate with lawful requests from regulators or law enforcement.

13. Community, Reviews, and Marketplace Rules

Where you use the Spwig community, reviews, developer portal, or marketplace:

• you remain responsible for your submissions;
• you retain ownership of content you submit, except that you grant Spwig a non-exclusive licence to host, reproduce, display, distribute, moderate, and remove that content for operation of the relevant service;
• you must not submit malware, unlawful content, undisclosed data collection code, deceptive listings, or unauthorized external network calls where prohibited; and
• Spwig may moderate, reject, redact, disable, or remove content or marketplace items at its discretion where necessary for security, legal compliance, platform integrity, or policy enforcement.

14. Intellectual Property

Spwig and its licensors retain all rights in the software, websites, documentation, branding, platform components, update infrastructure, and related intellectual property, except for rights expressly granted.

Use of the Spwig Community source code is governed by AGPL-3.0-or-later; use of Pro or Enterprise licence keys is additionally governed by the Pro/Enterprise Licence Agreement.

15. Third-Party Services

Spwig services may integrate with or depend on third-party providers, including payment providers, infrastructure vendors, translation providers selected by the merchant, and other external services.

Spwig is not responsible for third-party services, their uptime, security, terms, policies, data handling, or commercial decisions. Your use of third-party services is governed by their terms and privacy notices.

16. AI and Translation Features

Where Spwig provides or enables AI-assisted translation or similar tooling:

• the primary implementation may use local processing or merchant-selected external providers;
• merchant content submitted for translation may be sent to the selected provider;
• customer personal data is not intended to be used for model training by Spwig; and
• merchants remain responsible for reviewing outputs for accuracy, legality, appropriateness, and compliance.

Spwig does not use merchant or customer data from Spwig installations to train its own AI models.

17. Warranties Disclaimer

To the maximum extent permitted by law, except as expressly stated in a signed agreement or the Software License Agreement, Spwig services are provided “as is” and “as available.”

Spwig disclaims implied warranties including merchantability, fitness for a particular purpose, non-infringement, uninterrupted availability, and error-free operation.

Nothing in these Terms excludes any warranty or liability that cannot lawfully be excluded.

18. Limitation of Liability

To the maximum extent permitted by law:

• indirect, incidental, special, exemplary, punitive, or consequential losses are excluded;
• loss of profits, revenue, goodwill, anticipated savings, business opportunity, or data are excluded;
• Spwig is not liable for third-party provider failures, merchant configuration errors, merchant legal non-compliance, or customer disputes; and
• Spwig’s total aggregate liability arising out of or relating to these Terms shall not exceed the greater of:
  • the amount paid by you to Spwig for the specific service giving rise to the claim in the 12 months preceding the event; or
  • SGD 100 where no fee was paid.

This limitation does not apply to liability that cannot lawfully be limited, including fraud, fraudulent misrepresentation, willful misconduct where non-excludable, or death/personal injury to the extent required by law.

19. Indemnity

You will indemnify and hold harmless Spwig, its officers, employees, and affiliates from third-party claims, losses, liabilities, costs, and expenses arising out of or related to:

• your breach of these Terms;
• your products, services, content, or business operations;
• your violation of law or third-party rights;
• your use of self-hosted or hosted Spwig in a way that causes legal claims from your customers or counterparties; or
• your misuse of community, marketplace, developer, or support services.

20. Governing Law and Disputes

These Terms are governed by the laws of Singapore, excluding conflict of law rules.

Before formal proceedings, the parties will attempt good-faith resolution for 30 days using written notice sent to [email protected] (for notices to Spwig) or the customer account email on record (for notices to you).

Unless non-excludable law requires otherwise:

• disputes may be brought exclusively in Singapore; and
• class or representative proceedings are not permitted.

Spwig may seek injunctive or equitable relief in any competent court to protect intellectual property, confidential information, service security, or platform integrity.

21. Changes to the Terms

Spwig may update these Terms from time to time. Updated Terms take effect when posted, unless a later date is stated.

Material changes will apply prospectively. They will not retroactively reduce licence-key rights already granted for their paid term, or the perpetual rights that AGPL-3.0-or-later grants to the Spwig Community source code, except where changes are required by law, security, fraud prevention, abuse mitigation, or operational necessity.

Continued use of a service after the effective date of revised Terms constitutes acceptance of the revised Terms for the relevant service.

22. General

22.1 Severability and waiver

If any provision is unenforceable, the remainder remains in effect. Spwig’s failure to enforce a provision is not a waiver. These Terms do not create a partnership, agency, fiduciary, employment, or joint venture relationship.

22.2 Force majeure

Neither party is liable for delays or failures in performance caused by events beyond its reasonable control, including natural disasters, pandemics, government action, sanctions, internet or telecommunications disruptions, utility failures, or cyberattacks, provided the affected party takes reasonable steps to mitigate the impact and resume performance.

22.3 Assignment

You may not assign or transfer these Terms or any rights under them without Spwig’s prior written consent. Spwig may assign these Terms in connection with a merger, acquisition, reorganisation, or sale of substantially all of its assets. Any purported assignment in violation of this section is void.

22.4 Survival

Sections relating to intellectual property, limitation of liability, indemnity, governing law, confidentiality, and any accrued payment obligations survive termination or expiry of these Terms.

22.5 Entire agreement

These Terms, together with the related documents listed in Section 3, constitute the entire agreement between the parties for the services and supersede all prior or contemporaneous agreements, understandings, and representations on the same subject matter.

22.6 Notices

Legal notices to Spwig must be sent to the registered address or to [email protected]. Spwig may send notices to the account email address on file or through the Spwig admin interface. Notices are deemed received when delivered by hand, one business day after sending by email, or three business days after sending by post.

23. Contact

Spwig Pte. Ltd.
3 South Buona Vista Road, #B1-08 Viva Vista, Singapore 118136
[email protected]