SwiftSoft LLC End User License Agreement
IMPORTANT NOTICE: YOU SHOULD CAREFULLY READ THIS AGREEMENT (THE “AGREEMENT”) BEFORE INSTALLING OR USING
SWIFTSOFT'S PLATFORM EXLOADER. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT
INSTALL OR OTHERWISE ACCESS THE PLATFORM.
Thank you for your interest in SwiftSoft's LLC services and developments, and the developments from other
developers (“Licensors”) which are available through SwiftSoft's ExLoader Platforms (ExLoader.net website, ExLoader Installer app and ExLoader app itself).
(The Licensors' developments are collectively referred to herein as the “Modifications”). This Agreement sets forth the
terms and conditions under which you are licensed to install and use the Platform. As used herein, the term
“Platform” refers collectively, and at times individually, to (1) the SwiftSoft LLC software, (2) the
SwiftSoft LLC services, (3) each of the Modifications, and (4) all features and components of each of them,
whether installed or used on a computer device. Use of the Platform is licensed to you by SwiftSoft LLC, an
American company having its registered office at 8 The Green, Suite A, Dover, Delaware, 19901, United
States. (SwiftSoft LLC is referred to herein as “SwiftSoft”, “we” or “us”).
1. The Platform
- Grant of License. If you accept and comply with the terms of this Agreement, SwiftSoft will grant, and
you will receive, a limited non-sub licensable, and non-exclusive license to use the Platform subject to
the “License Limitations” set forth in Section 1.B below, as follows:
- You may install applicable components or features of the Platform (not including the
Modifications) on one or more computers under your legitimate control.
- You may use the Platform for your personal and non-commercial entertainment purposes only,
unless specifically allowed under the terms of this Agreement.
- You may not transfer your rights and obligations to use the Platform.
- Modifications, which are produced by Licensors and distributed through the Platform may require
that you agree to the Licensor's End User License Agreement prior to your being able to use the
Modification, and the terms and conditions of Licensor's End User License Agreement are hereby
incorporated into this Agreement by this reference. In the event of a conflict between the terms
of this Agreement and a Licensor's End User License Agreement pertaining to the use of the
Licensor's Modification, the Licensor's End User License Agreement shall supersede and govern
your use of the Licensor's Modification. However, in the event of a conflict between the terms
of this Agreement and the Licensor's End User License Agreement pertaining to any other aspect
of the Platform, this Agreement shall supersede and govern your use of the Platform.
- License Limitations. SwiftSoft may suspend or terminate your license to use the Platform, or parts,
components and/or single features thereof, if you violate, or assist others in violating, the license
limitations set forth below. You agree that you will not, in whole or in part or under any
circumstances, do the following:
- Derivative Works: Copy or reproduce (except as provided in Section 1.A.), translate, reverse
engineer, derive source code from, modify, disassemble, decompile, or create derivative works
based on or related to the Platform.
- Use: Use of the Platform, including Modifications, for any purpose for any purpose that violates
the law and / or any license agreements with other companies that you have accepted.
- Data Mining: Use any unauthorized process or software that intercepts, collects, reads, or
“mines” information generated or stored by the Platform; provided, however, that SwiftSoft may,
at its sole and absolute discretion, allow the use of certain third-party user interfaces.
- Violation of Laws: Use the Platform to violate any applicable law or regulation.
- Use of third-party software: Use of the Platform to use third-party products and developments
that have not been expressly authorized by SwiftSoft.
- Platform.
- Platform Features.
- Advertising. The Platform may incorporate third-party technology that enables
advertising on the Platform and / or in certain Modifications on the Platform. As part
of this process, SwiftSoft may collect standard information that is sent when your
personal computer connects to the Internet.
2. Pre-Loaded Software.
- The Platform may contain additional software that requires you to agree to additional terms prior to
your use thereof (“Additional Software”):
- Installation. You agree that SwiftSoft may install Additional Software on your hard drive as
part of the installation of the Platform, and from time to time during the term of this
Agreement.
- Use. Unless SwiftSoft grants you a valid license and alphanumeric key to use and activate the
Additional Software, you may not access, use, distribute, copy, display, reverse engineer,
derive source code from, modify, disassemble, decompile or create derivative works based on the
Additional Software. In the event that SwiftSoft grants to you a valid license and alphanumeric
key to use and activate the Additional Software, all use of the Additional Software shall be
subject to the terms of this Agreement.
- Copies. You may make one (1) copy of the Additional Software for archival purposes only.
3. Consent to Monitor.
- The Platform may communicate information back to SwiftSoft, including without limitation the country of your location, the email address, provided by you during the authorization process in the Platform's system, your unique Steam account identifier, also known as SteamID64, and a hardwareidentifier (HWID) generated from your device's hardware configuration, and/or SwiftSoft may exercise any or all of its rights under this Agreement, with or without prior notice to the user.
And by agreeing hereto you consent to SwiftSoft receiving and/or using this data.
4. Limitations of Liability.
- SwiftSoft may be liable in accordance with statutory law (i) in case of intentional breach, (ii) in case
of gross negligence, (iii) for damages arising as result of any injury to life, limb or health or (iv)
under any applicable product liability act. Gross negligence refers to an action or omission of
significant carelessness, demonstrating a clear disregard of one's basic duties.
- Without limiting the foregoing, you agree and acknowledge that SwiftSoft may be liable for slight
negligence only in case of a breach of a material contractual obligation. Material contractual
obligation means any obligation (i) which is necessary for the fulfillment of the Agreement, (ii) the
breach of which would jeopardize the purpose of the Agreement and (iii) the compliance with which one
may generally trust in. In such cases, the liability will be limited to the typical and foreseeable
damages. Slight negligence means any negligence which is not gross negligence.
- You agree and acknowledge that SwiftSoft assumes no responsibility for any damage resulting from the use
of Modifications, the Platform and / or any other development, and / or software which can be used with
the Platform.
5. Indemnity.
- You agree to indemnify, defend and hold SwiftSoft harmless from any claim, demand, damages or other
losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out
of your use of the Platform, or any breach by you of this Agreement, or any Modification-specific Terms
of Use; however, the foregoing does not apply if the infringement of rights is not attributable to your
intentional or negligent behavior.
6. Equitable Remedies.
- You hereby agree that SwiftSoft would be irreparably damaged if the terms of this Agreement were not
specifically followed and enforced, and therefore you agree that we shall be entitled, without bond,
other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the
Agreement, in addition to such other remedies as we may otherwise have available to us under applicable
laws.
7. Alterations.
- SwiftSoft may, from time to time, change or modify this Agreement as its business and the law evolves.
In this case, SwiftSoft will not notify you of any such changes or modifications and will not provide
you with special notice. Those changes or modifications will not affect essential characteristics of the
Platform. Should you have any questions or concerns, please contact SwiftSoft Customer Service.
8. Term and Termination.
- Term. This Agreement is effective upon the moment you authorize in the Platform's system, and shall
remain in effect until it is terminated or superseded by a New Agreement, or, if neither of the
foregoing events occur, as long as you continue using the Platform. In the event that SwiftSoft chooses
to cease providing the Platform, or license to a third party the right to provide the Platform,
SwiftSoft will not notify you about it.
- You are entitled to terminate this Agreement for any legitimate reason as may be specified by applicable
law or relevant court decision, subject to prior written notice by mail at SwiftSoft: 8 The Green, Suite
A, Dover, Delaware, 19901, United States.
- If you fail to comply with any terms contained in this Agreement, SwiftSoft will be entitled to
immediately terminate this Agreement, the Platform and/or any Modification license without any
prior warning.
- In the event of any termination of this Agreement, your right to access Modifications and
Platform will be revoked.
9. Governing Law.
- This Agreement shall be governed by and construed in accordance with the
laws of the State of Delaware, United States, without regard to its conflict
of laws principles.
- If you are a consumer residing in the European Union or the European
Economic Area, nothing in this Agreement deprives you of the protection
afforded to you by mandatory provisions of the law of your country of
residence, and you retain the right to bring proceedings in the courts of
your country of residence.
10. General.
- You understand and agree that you will not use the Platform and / or the Modifications for any purpose
that violates the laws of your country and / or the user agreements of any other companies accepted by
you.
- SwiftSoft may assign this Agreement, in whole or in part, to any person or entity at any time with or
without your consent, as long as the assignment does not reduce your rights under this Agreement. You
may not assign this Agreement without SwiftSoft's prior written consent, and any unauthorized assignment
by you shall be null and void.
- SwiftSoft's failure to enforce a provision of this Agreement shall not be construed as a (1) waiver of
such provision, or (2) diminishment of any right to enforce such provisions. Further, SwiftSoft may
choose to waive enforcement of a provision of this Agreement in a particular instance; however, you are
still obligated to comply with that waived provision in the future.
- Notices.
- If to SwiftSoft. All notices given by you under this Agreement shall be in writing and addressed
to: 8 The Green, Suite A, Dover, Delaware, 19901, United States.
- If to You. All notices given by SwiftSoft under this Agreement shall be given to you either
through written notice, email, the Platform, or website blog post.
- SwiftSoft shall not be liable for any delay or failure to perform resulting from causes outside the
reasonable control of SwiftSoft, such as natural disasters, unforeseen intrusions into our cyberspace,
war, terrorism, riots, embargoes, acts of civil or military authorities, natural disaster, fire, floods,
accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
- If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be
severed, and the remainder of this Agreement shall be given full force and effect.
- This Agreement, along with SwiftSoft's other applicable agreements located on SwiftSoft's Legal
Documentation page, constitutes and contains the entire agreement between the parties with respect to
the subject matter hereof and supersedes any prior oral or written agreements.
- The provisions of Sections 1.B, 4, 5, 6, 9 and 10 shall survive termination of this Agreement for any
reason.
Terms of Use
These Terms of Use govern your access to and use of the SwiftSoft website (the “Website”), which provides
information about, and downloads of, the ExLoader application and game modifications. By accessing or using
the Website, you agree to be bound by these Terms of Use.
1. Use of the Website
- The Website is provided free of charge and does not require registration or the creation of a user
account.
- You may browse the Website and download the ExLoader application for your personal, non-commercial use
only.
- You are responsible for ensuring that your use of the Website, ExLoader, and any Modifications complies
with the laws of your jurisdiction and with any third-party agreements you have accepted (including the
terms of service of any game or platform you use).
2. Downloads
- Any software downloaded from the Website, including ExLoader, is subject to the End User License
Agreement set forth above.
- You should only download ExLoader from the official Website. SwiftSoft is not responsible for copies of
its software obtained from third-party sources, which may be altered or contain malicious code.
3. Intellectual Property
- All content on the Website, including but not limited to text, graphics, logos, software, and design, is
the property of SwiftSoft LLC or its licensors and is protected by applicable intellectual property
laws.
- All third-party trademarks, game titles, and related materials referenced on the Website are the
property of their respective owners. SwiftSoft is not affiliated with, endorsed by, or sponsored by any
game developer or publisher unless expressly stated.
4. Prohibited Conduct
- You agree not to: (i) interfere with or disrupt the operation of the Website; (ii) attempt to gain
unauthorized access to any portion of the Website or its related systems; (iii) use automated means
(bots, scrapers) to access the Website in a manner that sends more requests than a human could
reasonably produce; (iv) redistribute, sell, or commercially exploit any content or software from the
Website without SwiftSoft's prior written consent.
5. Disclaimer
- The Website and its content are provided on an “as is” and “as available” basis, without warranties of
any kind, whether express or implied, to the fullest extent permitted by applicable law.
- SwiftSoft does not warrant that the Website will be uninterrupted, error-free, or free of harmful
components.
6. Third-Party Links
- The Website may contain links to third-party websites. SwiftSoft is not responsible for the content,
policies, or practices of any third-party websites.
7. Changes to These Terms
- SwiftSoft may update these Terms of Use from time to time. Continued use of the Website after any
changes constitutes acceptance of the revised Terms of Use.
Privacy Policy
This Privacy Policy explains how SwiftSoft LLC (“SwiftSoft”, “we”, “us”) collects, uses, and protects
information in connection with the Website and the ExLoader Platform.
1. No Registration Required
- The Website does not require registration and does not ask you to create an account to browse or
download software.
2. Information We Collect
- Platform Data. As described in Section 3 of the End User License Agreement, the ExLoader Platform may
communicate the following information back to SwiftSoft: the country of your location, the email address
provided by you during the authorization process in the Platform's system, your unique Steam account
identifier (SteamID64).
- Technical Data. When you visit the Website or use the Platform, we may automatically collect standard
technical information, such as IP address, browser or client type, operating system, date and time of
access, and anonymized usage statistics. This data is used for security, diagnostics, and service
improvement.
- Advertising Data. Third-party advertising technology incorporated into the Platform may collect standard
information sent when your computer connects to the Internet, as described in Section 1.C of the End
User License Agreement.
- Hardware Identifier. The Platform may generate and collect a hardware identifier (HWID) derived from
your device's hardware configuration. This identifier is used solely for license enforcement, fraud and
abuse prevention, and enforcement of the End User License Agreement. It does not directly identify you
personally, but is treated as personal data where required by applicable law.
3. How We Use Information
- We use collected information to: (i) operate, maintain, and improve the Website and the Platform; (ii)
authorize users within the Platform's system; (iii) prevent fraud, abuse, and violations of the End User
License Agreement; (iv) respond to support requests; and (v) comply with legal obligations.
4. Sharing of Information
- We do not sell your personal information.
- We may share information with service providers who assist in operating the Website and the Platform
(such as hosting and analytics providers), solely to the extent necessary for them to perform their
services.
- We may disclose information if required to do so by law or in response to a valid legal request.
5. Cookies
- The Website may use essential cookies necessary for its proper functioning. These do not require your
consent.
- Non-essential cookies (such as analytics or advertising cookies) will only be set with your prior
consent, where required by applicable law. You may withdraw or modify your consent at any time.
- You can also control cookies through your browser settings; disabling cookies may affect certain
features of the Website.
6. Data Retention
- We retain collected information only for as long as necessary to fulfill the purposes described in this
Privacy Policy, to comply with legal obligations, or to resolve disputes and enforce our agreements.
7. Security
- We take reasonable technical and organizational measures to protect the information we collect. However,
no method of transmission or storage is completely secure, and we cannot guarantee absolute security.
8. Your Rights
- Depending on your jurisdiction, you may have the right to request access to, correction of, or deletion
of your personal information. To exercise these rights, contact us at help@swiftsoft.llc.
9. Legal Basis for Processing (EU/EEA Users)
- If you are located in the European Union or the European Economic Area, we process your personal data
under the following legal bases pursuant to Article 6 of the General Data Protection Regulation (GDPR):
- Performance of a contract (Art. 6(1)(b) GDPR) — processing of your email address and SteamID64
necessary to authorize you in the Platform's system and provide the Platform's functionality;
- Legitimate interests (Art. 6(1)(f) GDPR) — processing of technical data (IP address, logs,
country of location, hardware identifier (HWID))for security purposes, fraud and abuse
prevention, and enforcement of theEnd User License Agreement;
- Consent (Art. 6(1)(a) GDPR) — for non-essential cookies and advertising-related processing,
where required. You may withdraw your consent at any time without affecting the lawfulness of
processing carried out before the withdrawal;
- Legal obligation (Art. 6(1)(c) GDPR) — where processing is necessary to comply with a legal
obligation to which we are subject.
10. Data Controller
- The data controller responsible for the processing of your personal data is: SwiftSoft LLC, 8 The Green,
Suite A, Dover, Delaware, 19901, United States. For all data protection matters, contact: help@swiftsoft.llc.
11. Your Rights (EU/EEA Users)
- If you are located in the EU/EEA, you have the following rights under the GDPR:
- Right of access (Art. 15) — to obtain confirmation as to whether we process your personal data
and to receive a copy of it;
- Right to rectification (Art. 16) — to have inaccurate personal data corrected;
- Right to erasure / "right to be forgotten" (Art. 17) — to request deletion of your personal
data;
- Right to restriction of processing (Art. 18);
- Right to data portability (Art. 20) — to receive your personal data in a structured, commonly
used, machine-readable format;
- Right to object (Art. 21) — to object to processing based on our legitimate interests, including
profiling, and to object to processing for direct marketing purposes at any time;
- Right to withdraw consent (Art. 7(3)) — where processing is based on consent;
- Right to lodge a complaint (Art. 77) — with a supervisory authority in the EU Member State of
your habitual residence, place of work, or place of the alleged infringement.
- To exercise any of these rights, contact us at help@swiftsoft.llc. We will respond to your request within one
(1) month, as required by the GDPR. We may ask you to verify your identity before fulfilling your
request.
- Exercising these rights is free of charge, except where requests are manifestly unfounded or
excessive.
12. International Data Transfers
- SwiftSoft is located in the United States. If you access the Website or the Platform from the EU/EEA,
your personal data will be transferred to and processed in the United States and potentially other
countries that may not provide the same level of data protection as your country of residence.
- Where required, we rely on appropriate safeguards for such transfers, including Standard Contractual
Clauses approved by the European Commission (Art. 46(2)(c) GDPR). You may request a copy of the relevant
safeguards by contacting help@swiftsoft.llc.
13. Automated Decision-Making
- We do not use your personal data for automated decision-making, including profiling, that produces legal
effects concerning you or similarly significantly affects you (Art. 22 GDPR).
14. Children's Privacy
- The Website and the Platform are not directed to children under the age of 13 (or under the age of 16 in
EU Member States where a higher age of digital consent applies). We do not knowingly collect personal
information from such children. If you believe a child has provided us with personal information, please
contact us at help@swiftsoft.llc and we will delete such
information.