Terms and conditions governing the use of Sway.
These Terms of Service ("Terms") govern your access to and use of the Sway platform and website operated by Sway, Lda., a company registered in Portugal (NIPC 123 456 789), with registered address at Rua Exemplo, n.º 1, 2.º Andar, 1000-001 Lisboa, Portugal.
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to all of these Terms, you may not use the Service.
Sway is a cloud-based practice management platform designed for physical therapy professionals. The Service includes appointment scheduling, session documentation, treatment plan management, patient mobile application integration, analytics, and related features as described on our website.
To use the Service, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorised use of your account at info@gowithsway.com.
Sway is offered on a subscription basis. Fees are as described on the pricing page and are charged in euros (€). Subscriptions renew automatically unless cancelled before the renewal date.
All prices are exclusive of VAT (IVA). VAT will be applied at the applicable Portuguese rate for customers based in Portugal, or at rates applicable under European VAT rules for customers elsewhere in the EU.
We reserve the right to modify our pricing with 30 days' notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.
We may offer a free trial period. During the trial, you may use the Service at no charge. At the end of the trial, you will be required to select a paid subscription to continue using the Service. We reserve the right to modify or terminate the trial offer at any time.
You agree not to:
Your use of the Service is subject to our Privacy Policy. You acknowledge that you are a data controller with respect to any personal data of your patients that you process using the Service, and that Sway acts as a data processor on your behalf. A Data Processing Agreement (DPA) forms part of our contract with you.
You are solely responsible for ensuring that your use of the Service complies with all applicable data protection laws, including the GDPR and any relevant professional obligations regarding patient confidentiality under Portuguese law.
Sway and its licensors retain all intellectual property rights in the Service, including software, design, trademarks, and content. These Terms do not grant you any rights in or to the Service other than the limited right to use it in accordance with these Terms.
You retain all rights to data and content you upload to the Service. By uploading content, you grant Sway a limited licence to use that content solely for the purpose of providing the Service to you.
We aim to provide a reliable service but do not guarantee uninterrupted or error-free operation. We may modify, suspend, or discontinue features of the Service at any time with reasonable notice. Planned maintenance will be communicated in advance wherever possible.
To the maximum extent permitted by applicable law, Sway shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profit, revenue, data, or goodwill, arising from your use of the Service.
Our total aggregate liability to you under these Terms shall not exceed the amounts paid by you to Sway in the 12 months preceding the event giving rise to the claim.
You agree to indemnify and hold harmless Sway, Lda. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, and expenses (including reasonable legal fees) arising out of your use of the Service or your violation of these Terms.
Either party may terminate the subscription at any time. Upon termination, your access to the Service will cease. You may request export of your data prior to termination. Sway will retain your data for 30 days after termination and then delete it, unless we are required by law to retain it for longer.
These Terms are governed by Portuguese law. Any disputes shall be submitted to the exclusive jurisdiction of the courts of the District of Lisbon, Portugal, except that consumers may also bring proceedings in their country of residence where required by EU law.
For out-of-court dispute resolution, consumers may contact an Alternative Dispute Resolution (ADR) entity registered with the Portuguese authority. A list is available at www.consumidor.gov.pt.
We may update these Terms from time to time. We will notify you by email and/or by posting a notice in the platform at least 30 days before changes take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.
For any questions about these Terms, please contact us at:
info@gowithsway.com
Sway, Lda., Rua Exemplo, n.º 1, 2.º Andar, 1000-001 Lisboa, Portugal
Last updated: January 2025