Terms of Service

Swell provides our website services to you subject to the following Terms of Service (“Terms”), which may be updated by us from time to time without notice to you. In addition, when using our services, you and Swell shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time.

By using the Swell websites and any other services of Swell, you are agreeing to be bound by the following Terms. Acceptance of the Terms is absolute and applies to you as an account owner regardless of the number of websites contained within your account. You, as the account owner, are solely responsible for all websites within your account and for each site’s adherence to these Terms of Service.

Violation of any of the terms below will result in the termination of your Account. While Swell prohibits such conduct and Content on the Service, you understand and agree that Swell cannot be responsible for the Content posted on the Service and that you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

You must be 13 years or older to use this Service.

You must be a human or a registered corporation. Accounts registered by ‘bots’ or other automated methods are not permitted.

You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.

Your login may only be used by one person. A single login shared by multiple persons is not permitted.

You are responsible for all activity that occurs under your account (even when activity is generated by others who have accounts under your account).

You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Billing

Payments for your use of the Service are calculated on an account basis. You may not register multiple websites under a single account unless previously authorized by Swell. Each account that utilizes a paid website plan will incur monthly charges. These monthly charges will be billed to the credit card on file for your account (a process known as “Account Billing”). You understand and agree that you, as the Swell account holder, are ultimately responsible for payment.

Your Subscription fee will be billed monthly starting on the anniversary day that is one month after you elect to subscribe to either of the Silver, Gold, or Platinum pricing plans (collectively, the "Premium Plans"). The Service will be billed according to the total number of orders your business receives in the 30 days prior to the monthly billing date (the “Order Total), and recalculated every month according to the Swell Billing Rate. Please note that the Swell Billing Rate is subject to change at any time without prior notice. The current Billing Rate may be viewed at swellrewards.com/pricing.

If Swell determines that your business receives fewer than or equal to 100 orders in a trailing 30-day period, you are hereby authorized to remain on the Swell Bronze pricing plan until such time as the Service determines that you have exceeded the 100 order threshold. Upon such determination, your account will be placed in a "locked" status, at which point you must select from one of the Premium Plans in order to regain access to the Service. Additionally, should you choose not to upgrade, Swell reserves the right to suspend and/or terminate your account and refuse any and all future use of the Service at any time.

If, upon installation of the Service, the Service determines that you receive in excess of 100 orders in the trailing 30-day period, you will immediately enter into the Trial. Should you choose not to upgrade to a Premium Plan at any time during the Trial, Swell reserves the right to immediately suspend and/or terminate your account and refuse any and all future use of the Service.

The Swell Premium Plans are billed in advance on a monthly basis and are non-refundable; should you choose to cancel or downgrade the Service, we are unable to provide a refund for any unused portions.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only any federal or state income taxes.

Should you choose to upgrade or downgrade your Swell plan, your account will automatically be charged the new rate on your next billing cycle.

Downgrading your Service may cause the loss of content, features, or capacity of your Account. Swell does not accept any liability for such loss.

All prices listed on the website are in American Dollars (USD) unless otherwise stated.

Cancellation and Termination

You are solely responsible for properly cancelling your account. You may cancel your account on www.swellrewards.com or by emailing support@swellrewards.com.

Note that cancellation will immediately terminate any active campaigns, and any point balances, statistics, or other components of the Service will no longer be accessible. Swell does not accept any liability for such loss. Upon cancellation, you will not be charged again for the Service.

Swell, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Swell service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account. Swell reserves the right to refuse service to anyone for any reason at any time.

If, at any time, the billing obligations of any Swell service are not met, Swell will have the right to disable the Account in its entirety.

Modifications to the Service and Prices

Swell reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change at any time. Such notice may be provided at any time via email, by posting the changes to the Swell Web Site (https://www.swellrewards.com), Swell’s Twitter Account (http://www.twitter.com/swellrewards) or the Service itself.

Swell shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Member Account and Password Security

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Swell of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Swell cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Content Ownership and Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Swell, are entirely responsible for all Content that you or any of the users under your account upload, post, email, transmit or otherwise make available via the Service. Swell does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you feel is offensive, indecent or objectionable. Under no circumstances will Swell be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. Swell does not claim ownership of Content you submit or make available for inclusion on the Service.

Use of Information

You understand that we use non-identifying and aggregate information to better design our services and to share with channel partners. For example, we may advise a channel partner that X number of individuals used certain area of our website, or that we support X number of companies with over Y to Z numbers of employees. Swell will not disclose any information that could be used to identify those companies or individuals. We use this non-identifying and aggregate information to analyze the effectiveness of our system, to improve our services, and for other similar purposes. In addition, from time to time, we may undertake or commission statistical and other summary analyses of the general behavior and characteristics concerning users of our software, and may share non-identifying and aggregate information with third parties.

General Conditions

Your use of the Service is at your sole risk. The service is provided on an ‘as is’ and ‘as available’ basis.

Technical support is available via email to support@swellrewards.com.

You understand that Swell uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Swell, or any other Swell service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of Swell.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Swell customer, employee, member, or officer will result in immediate account termination.

You understand that the technical processing and transmission of the Service may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Swell does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

You expressly understand and agree that Swell shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Swell’s legal counsel has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the Service.

The failure of Swell to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Swell and govern your use of the Service, superseding any prior agreements between you and Swell (including, but not limited to, any prior versions of the Terms of Service).

Questions about the Terms of Service should be sent to support@swellrewards.com.