Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Swivl platform, including all websites, mobile applications, software, APIs, artificial intelligence–enabled features, payment services, and related tools (collectively, the “Service”), operated by Work Order Management, LLC d/b/a Swivl (“Swivl,” “we,” “our,” or “us”).

By accessing or using the Service, you agree to be bound by these Terms and the Swivl Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

1. Eligibility & Authority

You must be at least eighteen (18) years old and legally able to enter into binding contracts to use the Service.

If you use the Service on behalf of a business or other entity, you represent and warrant that you have the authority to bind such entity to these Terms.

2. Changes to Terms

Swivl may update these Terms at any time by posting a revised version at swivl.tech/terms or by providing notice through the Service. Continued use constitutes acceptance of the revised Terms.

3. Subscriptions, Fees & Billing

3.1 Subscriptions

Swivl offers subscription-based plans and optional add-on services. Fees are billed in advance and automatically renew unless canceled before the renewal date.

ALL FEES ARE NON-REFUNDABLE, except where expressly stated in writing.

3.2 Pricing Changes

Swivl reserves the right to change pricing at any time. Updated pricing applies at renewal or when adding services.

3.3 Failed Payments

You authorize Swivl to retry failed payments and recover past-due amounts. Late payments may accrue interest at the lesser of 1.5% per month or the maximum allowed by law.

4. License & Service Availability

Subject to compliance with these Terms, Swivl grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for lawful business purposes.

Swivl does not guarantee uptime, uninterrupted access, or availability of any feature.

5. Artificial Intelligence–Enabled Features

5.1 AI Services

The Service may include artificial intelligence, machine learning, automation, predictive analytics, or algorithmic features (“AI Services”), including but not limited to:

AI-powered estimators
AI receptionists or chat agents
Automated scheduling, pricing, or analytics

5.2 No Accuracy or Reliance Guarantee

AI Services:

Operate on probabilistic models
May produce inaccurate, incomplete, misleading, or outdated outputs
Are not a substitute for professional judgment or licensed advice

ALL AI OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

5.3 User Responsibility

You are solely responsible for:

Reviewing and validating all AI-generated outputs
Ensuring compliance with applicable laws, licensing, and regulations
Any actions taken or decisions made in reliance on AI outputs

Swivl disclaims all liability for damages, losses, disputes, or claims arising from AI-generated content.

6. Prohibited & Illegal Use

You may not use the Service to:

Engage in illegal, fraudulent, deceptive, or misleading conduct
Operate without required licenses, permits, or insurance
Facilitate money laundering, tax evasion, or consumer fraud
Misrepresent pricing, credentials, or business identity
Violate any federal, state, or local law

Swivl may suspend or terminate access immediately, without notice, for suspected violations.

Swivl disclaims all liability arising from unlawful or unauthorized use of the Service by Users.

7. User Data & Data Rights

7.1 Ownership

You retain ownership of data you submit to the Service (“User Data”).

7.2 License Grant

You grant Swivl a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license, with the right to sublicense, to:

Use, store, copy, modify, analyze, display, and distribute User Data
Operate, maintain, and improve the Service
Train, develop, test, and refine artificial intelligence and machine learning models
Create aggregated, anonymized, derivative, and statistical data
Develop new products, features, benchmarks, and insights

You acknowledge:

No compensation is owed for such use
You have no ownership interest in AI models, outputs, or derivative works

7.3 Aggregated Data

Swivl exclusively owns all anonymized and aggregated data derived from the Service.

8. Privacy & California Consumer Rights

Swivl processes personal information in accordance with its Privacy Policy.

California Residents

Pursuant to the California Consumer Privacy Act (CCPA), California residents have rights to access, delete, and receive information regarding personal data.

Swivl does not sell personal information.

Use of data for analytics, security, and AI training constitutes a business purpose, not a sale.

9. Payments, Financial Services & Third-Party Providers

9.1 Third-Party Payment Processing

Swivl may offer payment processing services (“Swivl Payments”) through third-party financial partners (“Third-Party Financial Partners”).

Swivl does not itself process, transmit, or hold funds. Swivl currently uses Stripe, Inc. and its affiliates (“Stripe”) for payment processing and treasury services.

By using Swivl Payments, you agree to be bound by:

The Stripe Services Agreement
The Stripe Connected Account Agreement
Any applicable Stripe Treasury terms

These agreements are incorporated by reference.

9.2 Underwriting & Account Approval

All Users are subject to underwriting, verification, and ongoing review by Swivl and/or its Third-Party Financial Partners. Approval is discretionary and may be revoked at any time.

9.3 Card-Not-Present Transactions

Unless expressly stated otherwise, all transactions are card-not-present transactions, which carry increased fraud and chargeback risk. You bear full responsibility for disputes and reversals.

9.4 Transaction Monitoring

Swivl and its Third-Party Financial Partners may monitor transactions for fraud, compliance, and risk management. Reviews may result in delayed payouts, held funds, account limitations, or termination.

9.5 Access to Funds & Payout Timing

Funds are available only after receipt by Stripe and are subject to fees, reserves, holds, and legal or regulatory requirements. Payout timing is not guaranteed.

9.6 Reserves

Swivl or its partners may establish a reserve to secure your obligations. Reserves may be adjusted or held indefinitely as permitted by law. You grant a security interest in all reserve funds.

9.7 Chargebacks

Transactions may be reversed or charged back if disputed, unauthorized, unlawful, or in violation of card network rules.

Each chargeback incurs a non-refundable $25 fee, regardless of outcome. If insufficient funds exist, Swivl may debit your connected bank account or offset amounts owed.

9.8 Excessive Chargebacks

Excessive chargebacks may result in increased reserves, additional fees, delayed payouts, or termination of payment access.

9.9 Taxes & Reporting

You are responsible for all applicable taxes. If required, Swivl or its partners may report transactions to tax authorities, including issuance of IRS Form 1099-K.

9.10 Swivl Vault

Swivl Vault is a financial account provided through Stripe Treasury or other Third-Party Financial Partners. If your Vault account incurs a negative balance, you authorize Swivl to redirect incoming funds, debit linked bank accounts, or offset amounts owed.

9.11 No Financial Advice

Swivl does not provide banking, lending, investment, or financial advisory services.

10. Indemnification

You agree to indemnify, defend, and hold harmless Swivl from any claims, damages, losses, liabilities, and expenses arising from:

Your use of the Service
Your reliance on AI outputs
Your violation of law
Your customer interactions

11. Limitation of Liability

To the maximum extent permitted by law:

Swivl shall not be liable for indirect, incidental, consequential, special, or punitive damages
Swivl’s total liability shall not exceed fees paid by you in the twelve (12) months preceding the claim

12. Arbitration & Class Action Waiver

All disputes shall be resolved by binding arbitration on an individual basis. You waive the right to jury trials and class actions.

13. Termination

Swivl may suspend or terminate access at any time for violations or suspected misuse. Upon termination, all licenses cease immediately.

14. Governing Law

These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-law principles.

15. Contact Information

Work Order Management, LLC d/b/a Swivl
2302 Parklake Drive NE, Suite 550
Atlanta, GA 30345
Telephone: (404) 383-6112
Email: account-services@swivl.tech