Terms of Use
End User License Agreement for Swift Salamander.
Plain-language summary. Swift Salamander is Early Access software. It does its best to protect your data — trash-first deletes, atomic writes, conflict guards — but it ships "AS IS" and the developer cannot accept legal liability for data loss or other damages. Keep backups. Don't point the app at the only copy of anything precious. The detailed clauses below are the binding terms; this summary is for orientation only.
1. Scope & acceptance
These Terms of Use (the "Terms") form a binding agreement between you ("you", the user) and Maciej Raciborski, Switzerland (the "Developer"), governing your use of the Swift Salamander application and any related binaries, source code, documentation, and online services (together, the "Software").
By installing, launching, or otherwise using the Software, you confirm that you have read these Terms and agree to be bound by them. If you do not agree, do not install or use the Software.
2. License grant
Subject to these Terms, the Developer grants you a personal, non-exclusive, non-transferable, revocable license to install and use the Software on devices you own or control, solely for your own legitimate use during the period covered by your subscription or trial.
You may not: (a) reverse engineer, decompile, or disassemble the Software except to the extent expressly permitted by applicable law; (b) remove, alter, or obscure proprietary notices; (c) sublicense, rent, lease, sell, or otherwise commercially redistribute the Software or access to it; (d) use the Software to build a competing product.
3. Early Access status
The Software is currently distributed under an "Early Access" label. This means:
- Features are still under active development and may be added, removed, renamed, or replaced between releases.
- Behaviour, defaults, and file formats may change. Backwards compatibility is a goal but not a guarantee.
- Bugs are expected. Some bugs may affect file operations, including destructive operations such as move, delete, and overwrite.
- Update cadence, support availability, and pricing may change at any time without prior notice.
4. No warranty
The Software is provided "AS IS" and "AS AVAILABLE", without warranty of any kind, express or implied. To the maximum extent permitted by applicable law, the Developer disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, reliability, availability, non-infringement, and quiet enjoyment.
The Developer does not warrant that the Software will meet your requirements, that operation will be uninterrupted or error-free, that defects will be corrected, or that the Software is free of viruses or other harmful components.
5. Limitation of liability
To the maximum extent permitted by applicable law, the Developer shall not be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to your use of, or inability to use, the Software — including, but not limited to, damages for data loss, data corruption, lost work, business interruption, lost profits, lost goodwill, or hardware damage — even if the Developer has been advised of the possibility of such damages, and regardless of the theory of liability (contract, tort, strict liability, or otherwise).
Where applicable law does not permit the exclusion or limitation of certain damages, the Developer's aggregate liability arising out of or related to these Terms or the Software shall not exceed the greater of (a) the total amount you paid the Developer for the Software in the twelve (12) months preceding the event giving rise to the liability, or (b) CHF 50.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited — including, where applicable, liability for death, personal injury caused by negligence, or fraud.
6. User responsibilities
You are solely responsible for:
- Maintaining backups of any data you access with the Software. Do not rely on the Software as the sole copy of anything you cannot afford to lose.
- Verifying the result of every file operation, especially destructive ones (move, delete, rename, overwrite). The trash-first deletes, atomic writes, and conflict guards in the Software are best-effort safeguards, not guarantees.
- Ensuring you have the legal right to access, modify, copy, or delete any files or directories you operate on.
- Keeping your device and operating system up to date with security patches.
7. Updates & data sent
The Software periodically checks for updates against the Developer's update server and may, at your request, download and install updated versions. By continuing to use the Software you consent to these update checks. Update checks involve a request to the Developer's hosting provider; no personally identifying information is sent in the request beyond what is automatically transmitted by HTTP (e.g. user agent and IP address, which the hosting provider may log briefly for abuse-prevention purposes).
Updates may add, remove, or change features at any time, and may change these Terms. Where a change to these Terms is material, the Software will prompt you to re-acknowledge the new Terms before continuing.
8. Privacy
The Software runs locally on your device and does not transmit your files, file metadata, or directory structure to the Developer. Network requests initiated by the Software are limited to:
- Update checks against the Developer's update server.
- License validation against the Developer's payment provider when activating or refreshing a paid subscription.
- Optional cloud-storage operations you explicitly initiate (for
example, an
rcloneremote you configured).
If you submit your email address to the waitlist or otherwise contact the Developer, the Developer will use it to reply to you and to send occasional product updates. You may request deletion of your email at any time by contacting the Developer.
9. Termination
You may stop using the Software at any time by uninstalling it. The Developer may suspend or terminate your license if you materially breach these Terms or use the Software unlawfully. Upon termination, your right to use the Software ceases. Sections 4, 5, 6, 11, and 12 survive termination.
10. Changes to these terms
The Developer may revise these Terms at any time. The current version will always be published at https://salamander.codesurfer.ch/terms with an effective date. For material changes the Software will prompt you to re-acknowledge before continuing. Continued use after the effective date constitutes acceptance of the revised Terms.
11. Governing law
These Terms are governed by the laws of Switzerland, without regard to its conflict-of-laws principles. The exclusive place of jurisdiction for any dispute arising out of or in connection with these Terms is Zurich, Switzerland — subject to any mandatory consumer-protection rules in your country of residence that grant you the right to bring proceedings before the courts of that country.
12. Contact
For questions about these Terms or the Software, contact the Developer at [email protected].