Participants in the Swift Mentorship Program (the “Program”) shall be subject to the terms and conditions set forth below (the “Agreement”). This is a legal agreement between you and Apple so please read it carefully before joining the Program. By submitting a survey and joining the Program, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not join the Program and participate as a Mentor or a Mentee.
“Mentor” means (i) you are a member of the Swift Community; and (ii) you have agreed to provide mentorship through the Program.
“Mentee” means (i) you are a member of the Swift Community; and (ii) you have asked to be mentored through the Program.
“Participants,” “You”, or “Your” means both Mentors and Mentees entering into this Agreement.
“Swift Community” means the community of Swift users more fully described at https://swift.org/community/.
Eligibility Requirements. All survey submissions must be submitted through the Swift Forums and will not be accepted through any other channel. Participants will be selected based on the review criteria for the Program. Selection and airing decisions are in Apple’s sole discretion and are confidential. To be eligible to participate in the Program, you must be 18 years of age or older, and you must be a member of the Swift Community.
Program Requirements. Participants will enter into the mentoring relationship with a commitment to assisting each other to develop and learn in an environment that will support honesty, fairness and respect. When discussing matters or sharing information while engaging in the Program, both parties are bound by the obligations set forth herein including confidentiality. Failure to comply with these Agreement terms may result in termination from the Program. The Mentor and Mentee will disclose any conflict of interest or any potential conflict of interest, as soon as such conflict of interest arises. A conflict of interest is a matter in which the interests of a Mentor or Mentee conflicts with the duty to act in the best interest of their Mentee or Mentor or to act to the detriment of their Mentee or Mentor.
Participant Provisions. (a) Participation in the Program is voluntary. You understand and agree that nothing in this Agreement may be construed as an offer or contract of employment with Apple. Nothing herein contained shall be deemed or construed to create any employee/employer relationship, partnership, or an agency relationship between you and Apple. Apple does not warrant or guarantee that you will be matched with a Mentor or that you will be satisfied with your Mentor; (b) You agree that Apple select Mentors at Apple’s sole discretion and there is no guarantee that you will be selected as a Mentor; and (c) Apple may also terminate your right to be a Mentor at our reasonable discretion if you breach this Agreement, or we receive negative feedback about your mentorship.
- Code of Conduct. Apple is committed to diversity and to providing a harassment-free experience for everyone. All participants have the right to a safe and welcoming environment regardless of gender, gender identity and expression, age, sexual orientation, disability, physical appearance, body size, race, ethnicity, religion, or any other attributes. By taking part in the Program, Mentors and Mentees agree to comply with the Community Guidelines and Code of Conduct which can be viewed at: https://swift.org/code-of-conduct/. Apple reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on participation in the Program, including revising the Community Guidelines and Code of Conduct. In addition, Participants agree:
- To be open and truthful in communications;
- To respect each other’s time availability;
- Either party may end the relationship at any time;
- There is no guarantee that a Mentor can or will provide specific guidance;
- To ensure that the focus on the mentoring is career-related; and
- Mentors and Mentees must stop communicating if they feel uncomfortable or apprehensive about their mentorship relationship and should reach out to: the Diversity in Swift workgroup on the Swift Forums at @diversity-workgroup
Confidentiality. Mentors and Mentees will treat any information, suggestions, advice or guidance they receive in the course of their participation in the Program in confidence, unless release of that information has been agreed by the other party, is required by law or the information is already available in the public domain other than as a result of a breach of this section. You must not use any personal data about a Mentor or Mentee for any purpose (including, but not limited to, their email address or phone number) not related to the Program. Although the Mentors and Mentees agree to maintain the confidentiality of all information shared within the mentoring partnership, as the Mentors and Mentees may not be affiliated with Apple, Apple cannot guarantee that any information you disclose to your Mentor or Mentee (as applicable) will be kept confidential by the recipient.
Disclaimer of Liability. Apple hereby disclaims all warranties, whether expressed or implied, including, without limitation, any implied warranties of merchantability, or fitness for a particular purpose. Apple does not guarantee and is not liable for the advice given to you in your capacity as a Mentee by any Mentor.
Indemnity. By participating in the Program, you agree, to the extent permitted by law, to indemnify and hold Apple, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of the Agreement, any representations or warranties made by you herein, or your other improper, unauthorized or unlawful use of the Program.
Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL APPLE BE LIABILE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM OR THEORY OF LIABILITY, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. To the extent that a Mentee acts on any information, suggestion or advice or guidance given by the Mentor as part of the Program, Mentee shall do so at Mentee’s sole risk. The Mentee is advised to take independent financial, legal or other appropriate professional (if relevant) counsel before acting on any information, suggestion or advice given by the Mentor.
Termination. Participants may terminate this Agreement or a mentoring relationship for any reason at any time. Apple may terminate this Agreement or an individual engagement at any time, with or without cause, immediately upon written notice to you, and may terminate this Agreement immediately for any breach of the confidentiality provisions set forth herein.
- Governing Law. You expressly agree that the laws of the State of California, excluding its conflicts of law rules, govern the Agreement and your participation in the Program, and that the exclusive jurisdiction for any proceeding relating in any way to your participation will be the Northern District of California. You hereby waive the right to object to the foregoing choice of law, personal jurisdiction or venue.
May 6, 2021