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Last Modified: April 2, 2024
Welcome to SWIVL (“SWIVL,” “we,” “our,” or “us”), a provider of technology services that enable home-services businesses agreeing to these Terms of Service to run their businesses. By accessing or using the services described herein, you represent that you have read, understand, and agree to be bound by these Terms of Service (“Agreement”). This Agreement, together with the SWIVL Privacy Policy, applies to those who access, enroll in, or use SWIVL’s services (“Users,” used interchangeably with “you” throughout this Agreement). “User” means you as an individual, as well as the employer or entity on whose behalf you are using the services, and you represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and such employer or entity.
You acknowledge and agree that we may amend this Agreement at any time by posting a revised version at swivl.tech/terms or by notifying you directly in our sole discretion. Your continued use of the services after any changes are made shall constitute your consent to such changes.
Subscription fee – SWIVL has various levels of service that are billed on a subscription basis for the term as specified when you subscribed. When you sign up for a subscription-billing based account, you agree to pay for, and to allow us to bill your credit card (or other payment method provided by you) for, all due charges, including all taxes and other applicable charges, in advance, at regular intervals, in accordance with the term of the Services to which you subscribed. The subscription period can be month-to-month, annual, or another duration described more fully on our pricing page.
You understand and agree that we may elect to modify your billing frequency at any time, without notice. ALL SUBSCRIPTIONS AUTOMATICALLY RENEW, IF NOT TERMINATED PRIOR TO SUCH AUTO-RENEWAL FOR A PERIOD EQUAL TO THE SUBSCRIPTION PERIOD. For renewals, SWIVL will automatically charge your payment method in the amount of the then-current fee for your type of account, plus applicable taxes. You hereby authorize us to re-bill for any failed billing or past-due amounts. Subscription fees will not be prorated or refunded, except as expressly set forth in this Agreement. We reserve the right to revise pricing for any or all of our offerings at any time. Any fees not paid when due may incur a late payment fee equal to the lesser of 1.5% per month or the maximum amount allowed by law.
Money-back guarantee – In select agreements, when specifically communicated to you, we offer a money-back guarantee for the first 30 days. We will refund you all of the subscription charges if you cancel within this time period. You will not receive a refund for items not included in the baseline monthly subscription fee (including activation fees, postcards, chargebacks, etc.). This money-back guarantee does not apply to re-enrollments, renewals after your first subscription or upgrades.
To cancel your service and request a refund, please email us at account-services@swivl.tech.
Subject to User’s compliance with this Agreement, SWIVL hereby grants User a revocable, non-exclusive, non-transferable right to access and use the Service, solely in the conduct of User’s normal course of business, and in accordance with this Agreement. User understands and agrees that the Service is provided under license to User, not being sold to User, and User does not gain any ownership interest of any kind in the Service under this Agreement.
SWIVL will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period. From time to time, SWIVL may restrict access to some parts of the Service, or the entire Service, to Users. SWIVL does not make any representations or guarantees regarding uptime or availability of the Service.
You authorize SWIVL, inclusive of its agents, affiliates and independent contractors, to contact you at the email address(es) and telephone number(s) that you have provided to SWIVL for advertisement, telemarketing, solicitation or other purposes, using an automated telephone dialing system, a pre-recorded voice to deliver a message, or texting you. You can withdraw your consent to receive text messages at any time by replying with a text saying “STOP”. After you send a message “STOP” to us, we will send you a text message to confirm that you have been unsubscribed.
Neither the carriers, nor SWIVL are liable for delayed or undelivered messages. Message and data rates may apply. Message frequency may vary. If you have any questions about your text or data plan, contact your wireless provider. Please read our Privacy Policy for more information about privacy practices. Consent to receive such communications is not a condition to using our services, and if you choose not to consent, you may opt out by calling +1 (404) 383-6112.
1.1 SWIVL shall perform the services described in the attached schedules (the “Services”) in accordance with these terms of service, the schedules attached hereto, and all modifications issued hereafter consistently with this Agreement. SWIVL shall perform all Services in a good and workmanlike manner consistent with the standards in the industry and in accordance with the Contract Documents.
1.2 User shall obtain all licenses or permissions required for the operation of User’s business(es) by any State in which User uses the Services provided by SWIVL. SWIVL shall reasonably cooperate with User but shall bear no responsibility for obtaining those licenses or permissions.
SWIVL offers you the use of our mobile and desktop services, which consist of field service management services and tools, subject to our various types and levels of subscription plans, as well as add-ons for additional fees (“Services”). We also offer Users the ability to process payments and access certain other services through SWIVL (“Third Party Services”). Your use of our Service is solely authorized for supporting your business, and for consumers, solely for your personal use.
The Service is offered to Users who are 18 years of age or older and reside in the United States or Canada. Use of the Service is permitted only by individuals who can form legally binding contracts under applicable law. By using the Service, you represent and warrant that you are 18 years of age or older and otherwise meet all eligibility requirements herein.
In using the Service, you may provide us, directly or indirectly, with information about you or your business (“User Service Data”), including:
You hereby grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, fully paid license (with the right to sublicense) to use, copy, transmit, modify, display and distribute your User Service Data: (i) as necessary to provide the Service; (ii) for internal business purposes; (iii) to evaluate your eligibility to use our Service and Third Party Services; (iv) to create and present relevant new offerings; (v) to improve, modify and adapt the Service; and (vi) for any other lawful purpose.
SWIVL shall own all right, title and interest to any anonymized, aggregated and statistical data created, generated and/or derived from the User Service Data you provide and your use of the Service.
If you are a franchisee and subscribe to SWIVL through an offer in conjunction with your franchisor, you authorize SWIVL to provide access to your SWIVL account, and all information therein, to your franchisor.
You are solely responsible for all service issues between you and your customers relating to your services, including pricing, fulfillment, cancellation, returns, refunds and adjustments, rebates, functionality and warranty, technical support, and feedback. In performing services for customers, you will always present yourself as a separate entity from us.
You may have the option, at our discretion, of taking advantage of our payment processing offering (“SWIVL Payments”) to process your customers’ payments via credit or debit card or ACH, subject to our approval. By using SWIVL Payments, you acknowledge and agree that we may use third party payment processors (“Third Party Payment Processors”) and that their terms and privacy policies are applicable to you. We currently use Stripe as our payment processor. By registering for or using SWIVL Payments, you agree to be bound by the Stripe Services Agreement and Stripe Connected Account Agreement.
You acknowledge that all payment card transactions (except those conducted using card readers provided by us) are processed as “card not present” transactions, and a consumer has different Chargeback rights for such transactions.
We will review the information you submit in connection with your request to sign up for SWIVL Payments. We may forward such information to Third Party Payment Processors. We or our payment processor may conclude that you will not be permitted to use the Service.
From time to time, we review account and transaction activity to evaluate your eligibility to access our processing offerings. This review checks for suspicious or illegal activity and compliance with this Agreement. Reviews may result in delayed, blocked or canceled transfers; money being held; account limitation, suspension or termination; or money being reversed.
We may impose various transaction limits and rules on Users. If you believe the limits interfere with your business, please contact our support to request higher limits.
You agree to pay payment processing or other transaction-related fees (“Fees”) in addition to our subscription fee. We reserve the right to change our Fees at any time in our sole discretion.
We will deposit to your bank account the amounts actually received by us for transactions submitted through the Service, less any applicable Fees and any money that you owe SWIVL. Once your bank account information is verified, we will automatically initiate a payout at the end of every business day. Payouts normally register within 2–3 business days subject to your bank’s policies.
You are responsible for monitoring your transactions and ensuring our payments to you are correct. You must notify us of any errors within sixty (60) days of the error first appearing.
Should we need to conduct an investigation or resolve any suspicious activity or pending dispute, we may delay payout or restrict access to your funds for the entire time it takes to do so. We may also delay payout as required by law or court order.
The amount of a transaction may be reversed or charged back to your bank account (a “Chargeback”) if the transaction is disputed, reversed by Card Associations, was not authorized, or is allegedly unlawful or in violation of this Agreement.
There is a non-refundable $25 fee for each Chargeback regardless of the outcome of the dispute.
For any transaction that results in a Chargeback, we may withhold the Chargeback amount in a Reserve. If your account does not have sufficient funds, we may advance funds on your behalf and you agree to reimburse us immediately. We may deduct the amount of any Chargeback and any associated fees from your bank account, from any Reserve, from any proceeds due to you, or from any other payment instrument registered with us.
If we determine that you are incurring an excessive amount of Chargebacks, we may establish controls or conditions governing your account, including new processing Fees, creating a Reserve, delaying payouts, or terminating your access to the Service.
If we have reasonable suspicion of misuse, we may temporarily suspend or delay payments to you and/or designate an amount of funds in a separate reserve account (a “Reserve”) to secure the performance of your payment obligations. The Reserve may be raised, reduced or removed at any time by us based on your payment history, credit review, or other factors. You grant us a security interest in and lien on any and all funds held in any Reserve.
You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with your use of our Service. If in a given calendar year you receive more than $600 in gross amount of payments, we will report annually to the IRS as required by law.
You agree to process returns and provide refunds and adjustments for your goods or services through your SWIVL account in accordance with these terms and any applicable Card Association Rules. You can process a refund through your account up to sixty (60) days from the day you accepted the payment. Transaction Fees are also refunded, so the full purchase amount is always returned to your customer. We have no obligation to accept any returns of any of your goods or services on your behalf.
We provide you an online transaction history of all your authorized transactions. You are solely responsible for compiling and retaining permanent records of all transactions and reconciling all transactional information associated with your account.
You have the option of taking advantage of related financial products and services offered through the Service (each a “Financial Solution”). By using Financial Solutions, you acknowledge and agree that we may use third party technology and service providers (“Third Party Financial Partners”) and that their terms and privacy policies are applicable to you. SWIVL is not liable for the acts or omissions of any third party.
SWIVL Spend Card is a business charge card and financial account made available through Third Party Financial Partners. Currently, SWIVL Spend Card uses Stripe for card issuing and for the provisioning and maintenance of financial accounts. By using SWIVL Spend Card, you agree to be bound by the Stripe Treasury Agreement, the Stripe Spend Card Program Agreement, and the E-SIGN Disclosure. You are responsible for all charges made using your SWIVL Spend Cards.
SWIVL does not provide consumer financing, but may partner with a Third Party Financial Partner through which you may access their consumer financing offerings. Any consumer financing is provided solely by such Third Party Financial Partner, and SWIVL has no obligations or liability with regard to such offerings.
Swivl Vault is a financial account made available through Third Party Financial Partners. Currently, Swivl Vault uses Stripe for the provisioning and maintenance of financial accounts. By using Swivl Vault, you agree to be bound by the Stripe Treasury Agreement. If your account sustains a negative balance, you agree that SWIVL is authorized to redirect funds from payments directed to you and/or withdraw funds from your connected bank account in the amount necessary to restore a zero or positive balance.
If you have any questions about these Terms of Service, please contact us:
Work Order Management, LLC dba Swivl
2302 Parklake Drive Northeast Suite 550
Atlanta, GA 30345 United States
Telephone: 1 (404) 383-6112
Email: account-services@swivl.tech