Terms of Use

End User License Agreement for Swift Salamander.

Effective 5 September 2026 · Version 1.2 · Early Access

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, update and license services, and the website at swiftsalamander.app (together, the "Software").

By downloading, installing, launching, or otherwise using the Software, you confirm that you have read these Terms, that you understand the Early Access risks described in Section 3, and that you agree to be bound by these Terms. If you do not agree, do not install or use the Software.

If you use the Software on behalf of a company or another legal entity, you represent that you have authority to bind that entity, and "you" includes that entity.

2. License Grant

Subject to these Terms, the Developer grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software on devices you own or control, solely for your own legitimate use under the license tier you hold (Free, trial, or Pro). The Software is licensed, not sold. The Developer retains all right, title, and interest in the Software, including all intellectual property rights.

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, share license keys, or otherwise commercially redistribute the Software or access to it; (d) circumvent or tamper with license validation, trial limits, or update mechanisms; (e) use the Software to build a competing product; or (f) use the Software in violation of applicable law.

The Free tier is provided free of charge. To the extent the Free tier or a trial is treated as a gift or a loan for use under Swiss law, the Developer's liability is further limited as provided for gratuitous contracts under the Swiss Code of Obligations.

3. Early Access Status & Assumption of Risk

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, rename, overwrite, batch rename, synchronisation, and transfers to or from network shares and cloud storage. A bug may delete, overwrite, truncate, corrupt, misplace, or make inaccessible files or folders, including files the operation was not meant to touch, and including files on remote systems.
• Update cadence, support availability, and pricing may change at any time without prior notice. The Developer has no obligation to provide support, maintenance, or updates.

Assumption of risk. You acknowledge that you have read and understood the above, that you are choosing to use pre-release software on your own initiative, and that you assume the entire risk arising from its use, including the risk of data loss and data corruption. The Software is not designed, tested, or licensed for use in any environment where a failure could lead to death, personal injury, or severe physical or environmental damage, or as the sole means of storing, managing, or protecting irreplaceable data. You agree not to use it in such environments or for such purposes.

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 and conditions, including but not limited to implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, reliability, availability, data integrity, non-infringement, and quiet enjoyment, and any warranty arising from course of dealing or usage of trade.

Without limiting the above, the Developer does not warrant that the Software will meet your requirements, that operation will be uninterrupted, timely, secure, or error-free, that defects will be corrected, that any file operation will complete correctly or completely, that the trash-first deletes, atomic writes, conflict guards, or any other safeguard in the Software will work in every case, or that the Software is free of viruses or other harmful components. No advice or information, whether oral or written, obtained from the Developer or through the Software, creates any warranty not expressly stated in these Terms.

Some jurisdictions do not allow the exclusion of certain implied warranties. To that extent, such warranties are limited to the shortest period and the narrowest scope permitted by applicable law.

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, deleted or overwritten files, lost work, the cost of recovering or recreating data, business interruption, lost profits, lost revenue, 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). This exclusion applies in particular to damage caused by a defect or bug in the Software, and to damage that occurs on network shares, external volumes, or remote or cloud storage the Software accesses on your instruction.

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 15.

Any damages you may be entitled to are reduced to the extent you contributed to the loss, in particular by failing to maintain backups as required by Section 6, by ignoring a warning shown by the Software, or by using the Software in a manner or environment excluded by Section 3.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited. In particular, under Swiss law the Developer remains liable for damage caused by the Developer's own intent or gross negligence, and for death or personal injury caused by the Developer's negligence. The exclusions and limitations in this Section apply to liability for slight negligence and to all other liability to the fullest extent the law allows.

6. User Responsibilities & Backups

You are solely responsible for:

• Maintaining current, independent, verified backups of any data you access with the Software, before and during use. Do not rely on the Software as the sole copy of anything you cannot afford to lose. A backup stored on a volume, share, or remote that the Software can also reach is not independent.
• Verifying the result of every file operation, especially destructive ones (move, delete, rename, overwrite, batch rename, transfer, synchronisation). The trash-first deletes, atomic writes, and conflict guards in the Software are best-effort safeguards, not guarantees. Some file systems, network shares, and cloud providers have no trash at all; a delete there is immediate and permanent.
• Reading and heeding warnings and confirmation dialogs the Software shows before an operation.
• Ensuring you have the legal right to access, modify, copy, or delete any files or directories you operate on, and complying with the terms of any third-party service you connect.
• Keeping your device and operating system up to date with security patches, and installing Software updates that fix known data-affecting defects when they are offered.
• Reporting data-affecting defects you encounter, so they can be fixed for everyone.

7. Third-Party Services & Components

The Software can connect to network shares and to third-party storage services (for example SFTP, SMB, WebDAV, S3-compatible object storage, and cloud providers reached through the bundled rclone engine). Those services are operated by third parties under their own terms. The Developer does not control them and is not responsible for their availability, performance, security, data retention, or behaviour, including how they respond to operations issued by the Software. An operation the Software issues to a remote service may be applied by that service immediately and irreversibly.

The Software includes open-source and other third-party components that are licensed under their own terms. Those terms govern your use of those components; nothing in these Terms restricts rights granted to you under them.

8. Purchases, Trials & Refunds

Pro licenses are sold by Polar Software Inc. ("Polar") acting as Merchant of Record. Your purchase contract, billing, taxes, invoicing, refunds, and chargebacks are handled by Polar under Polar's terms. The license to use the Software is granted by the Developer under these Terms. A Pro license includes new releases and security or compatibility fixes for the periods stated on the pricing page at the time of purchase; after those periods the version you have keeps working, and further releases require a renewal.

The Free tier and the trial are provided so that you can evaluate the Software before paying. Please evaluate the Software during the trial on non-critical data. Refund requests are handled by Polar according to Polar's refund policy. The Developer may revoke a license key if the corresponding payment is refunded, reversed, or charged back, or if the key is shared or used in breach of Section 2.

9. Indemnification

You agree to indemnify and hold harmless the Developer from any claim, demand, loss, or expense (including reasonable legal fees) brought by a third party and arising out of your use of the Software in breach of these Terms or of applicable law, including any claim that data you accessed, modified, or deleted with the Software belonged to, or was owed to, that third party.

10. 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. Installing an update is your decision; the Developer is not liable for issues caused by running an outdated version after a fix was offered, nor for changes in behaviour introduced by an update you chose to install.

11. Privacy

The Software runs locally on your device and does not transmit your files, file metadata, or directory structure to the Developer. The Software contains no telemetry, no analytics, and no third-party trackers. Network requests initiated by the Software are limited to:

• Update checks against the Developer's update server.
• License validation against the Developer's license-validation endpoint when activating or revalidating a paid license.
• Cloud-storage and network operations you explicitly initiate (for example, an rclone remote you configured), which travel directly between your machine and the remote you chose.

Payments. Your payment details are collected and processed by Polar; the Developer does not see, store, or have access to them. Polar shares with the Developer only the information needed to issue and manage your license (purchase email, product, key, purchase date, license status, country for tax compliance). Polar's handling of your data is governed by Polar's privacy policy at polar.sh/legal/privacy.

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.

Full details (including categories of data, retention periods, your statutory rights under EU / UK / Swiss law, and how to exercise them) are set out in the Privacy Policy, which forms part of these Terms.

12. Feedback

If you send the Developer suggestions, bug reports, or other feedback about the Software, you grant the Developer a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose, including to improve the Software, without any obligation to you. Please do not include confidential information or personal data of others in feedback.

13. Termination

You may stop using the Software at any time by uninstalling it. The Developer may suspend or terminate your license, and may revoke a license key, if you materially breach these Terms or use the Software unlawfully. Upon termination, your right to use the Software ceases and you must delete all copies. Sections 2 (restrictions), 3, 4, 5, 6, 7, 9, 12, 15, and 16 survive termination.

14. Changes to These Terms

The Developer may revise these Terms at any time. The current version will always be published at /terms with an effective date and version number. The Developer may notify you of material changes through the Software, the website, or the changelog. Continued use after the effective date constitutes acceptance of the revised Terms. If you do not accept a revision, stop using the Software.

15. Governing Law & Jurisdiction

These Terms are governed by the substantive laws of Switzerland, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

The exclusive place of jurisdiction for any dispute arising out of or in connection with these Terms is Bern, 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, and subject to mandatory places of jurisdiction under Swiss law.

16. General Provisions

Entire agreement. These Terms, together with the Privacy Policy, are the entire agreement between you and the Developer regarding the Software and supersede any prior agreement or statement. The description of what a Pro purchase includes, as published on the pricing page at the time of purchase, forms part of these Terms; other website copy, the changelog, and support correspondence do not create additional warranties or obligations.

Severability. If any provision of these Terms is held invalid or unenforceable, it shall be enforced to the maximum extent permitted and replaced by a valid provision that comes closest to its purpose, and the remaining provisions remain in full force.

No waiver. A failure by the Developer to enforce any provision is not a waiver of the right to enforce it later.

Assignment. You may not assign or transfer these Terms or your license. The Developer may assign these Terms to a successor of the Software.

Language. These Terms are written in English. Any translation is for convenience only; the English text controls.

17. Contact

For questions about these Terms or the Software, contact the Developer at [email protected].