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Terms and Conditions

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 the 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. "User" also includes any other SWIVL consumers that use the services under this or related Agreements.

You acknowledge and agree that we may amend this Agreement at any time by posting a revised version of this Agreement on the services at swivl.tech/terms ("Our Website") or by notifying you directly in our sole discretion. Your continued use of the services after any changes are made to this Agreement shall constitute your consent to such changes. We do not and will not assume any obligation to notify Users of any changes to this Agreement. You are responsible for remaining knowledgeable about the terms of the Agreement.

Subscription Fee for Use of SWIVL

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 swivl.tech/terms. You understand and agree that we may elect to modify your billing frequency at any time, without notice, including, for example, billing a monthly subscription on a weekly basis. 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, including charging any alternate forms of payment that you have provided. Subscription fees will not be prorated or refunded, except as expressly set forth in this Agreement. We will bill you a full period's subscription fee and you are responsible for payment of such fee unless the cancellation is within our Money-back guarantee window (see below). We reserve the right to revise pricing, for any or all of our offerings, at any time, and such revised pricing shall become effective upon our provision of notice or as otherwise provided in such notice. Any fees not paid when due may incur 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.

License

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.

Communicating With You / TCPA Consent; Withdrawing Consent; Help

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, even if you have previously requested to be placed on our Do-Not-Call list, or your phone number appears on a state or federal Do-Not-Call list, or you have previously opted-out from receiving marketing emails from us. 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. After this, you will no longer receive text messages from us, unless you thereafter provide consent. If you are experiencing issues with the text messaging program, you can get help directly at account-services@swivl.tech. Neither the carriers, nor SWIVL are liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us, and to us from you. Message frequency may vary. If you have any questions about your text or data plan, it is best to contact your wireless provider. If you have any questions regarding privacy, please read our privacy policy swivl.tech/privacy. You can unsubscribe from receiving marketing messages from us in the settings of your account. If you do not consent to receive these messages or if you later unsubscribe from receiving marketing solicitations, you may miss out and not receive certain messages from SWIVL. 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.

You also agree that all personal information you provide to register with the Service is governed by our Privacy Policy, and you consent to all actions SWIVL takes with respect to your personal information consistent with its Privacy Policy. Where it is permitted by law, SWIVL may rely on your implied consent. You also represent and warrant that you have obtained all necessary consents for any communications to your employees and Users that are facilitated by or delivered via our Service.

Article 1 – The Services

1.1 SWIVL shall perform the services described in the attached schedules (the "Services") in accordance with these terms of service ("Agreement"), the schedules attached hereto ("Schedules"), and all modifications issued hereafter consistently with this Agreement (the "Contract Documents"). The Parties have entered into this Agreement based on their own examination, investigation and evaluation and not in reliance upon any extra-contractual opinions or representations of any Party. 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, which are incorporated into this Agreement.

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 in User's attempts to obtain any necessary licenses or permissions, but SWIVL shall bear no responsibility for obtaining those licenses or permissions.

User Service Addendum

SWIVL Services

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, including but not limited to ("Third Party Services"). Your use of our Service is solely authorized for supporting your business, and for consumers, solely for your personal use.

USE OF THE SERVICE

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. If you do not qualify, do not use the Service. By using the Service, you represent and warrant that you are 18 years of age or older and otherwise meet all eligibility requirements herein. You further represent that all information you provide to us (including any User and employee information) or any of our third-party partners and vendors shall be accurate, and that you shall have all necessary rights to provide and use such information for use as contemplated herein. In addition, you represent and warrant that you will comply with all applicable federal, state and local laws, rules and regulations with respect to your use of the Service.

SERVICE DATA YOU PROVIDE

In using the Service, You may provide us, directly or indirectly, with information about you or your business, including but not limited to the following types of information (which shall be referred to collectively as "User Service Data"):

  • Business Profile – We require Users to complete a profile ("Business Profile"). We do not review or verify the information or representations set forth in Business Profiles.

  • Licenses – Users are requested to post licensing information in their Business Profile. Different jurisdictions may require state and/or local (county or municipal) level licensing for certain services, work, and/or project amounts. SWIVL does not undertake to identify, advise on, or confirm the licensing required for any User to operate in any jurisdiction.

  • Insurance and Bonding – Users may post information and documents concerning insurance policies and/or bonds covering their operations. SWIVL does not verify the accuracy of this information.

  • User Data – Your User Service Data shall remain the property of that User. You grant SWIVL and its affiliates and service providers the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties your User Data as may be necessary to provide the Service to you, for SWIVL's internal business uses, and any other uses permitted by law, subject to the SWIVL privacy policy, located at swivl.tech/privacy. SWIVL may anonymize and aggregate User Service Data, and use such data for its business purposes.

  • Service Pricing Data – Pricing data on a User's transactions with its own customers that User enters or imports in conjunction with its use of the Service ("User Pricing Data") shall remain the User's property. Unless required by law, SWIVL shall not share User Pricing Data without that User's authorization. SWIVL may, however, anonymize and aggregate User Pricing Data, and use such data for its business purposes.

  • Feedback – In the event that you provide us with any feedback regarding the Service, including without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for the service or the Service ("Feedback"), you hereby assign to us all rights, including intellectual property rights, in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate.

  • Login information – You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account, including but not limited to any unauthorized transactions involving any hacking or unauthorized access to or use of your account or account information. SWIVL has no liability for any funds paid that were charged from your account or using your credit or debit card information, or paid or transferred to the account or card on file in your SWIVL account. You agree to notify us immediately of any unauthorized use of your account. User is responsible and liable for: (i) User's conduct; and (ii) any use of the Service through User's information technology systems or environment, whether authorized or not. We have the right to disable any user name, password, or other identifier, whether chosen by User or provided by SWIVL, at any time if, in our opinion, User has violated any provision of this Agreement.

  • QuickBooks Data – We may have access to financial and transactional data that you provide us via an import from your Quickbooks account, including data in such an account that is captured before or after your integration with SWIVL. You authorize us to share your data and information in your Quickbooks account with our third-party providers for the purposes of providing the Services to you.

  • Geolocation Data – We may have access to certain geolocation data of you and/or your vehicles, obtained from mobile devices including mobile phones and vehicle tracking devices, offered as a service by us. You acknowledge that you have all necessary consents and rights to convey any and all rights granted hereunder to us.

  • Payment Processing Information – You may provide certain payment processing information including but not limited to dates, amounts and forms of payments you receive. Users warrant that all information they provide or submit, including but not limited to Service Data, is complete, accurate and current.

USE OF USER SERVICE DATA

License of Your User Service Data – 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, in our sole discretion; (iv) to create and present to you relevant new offerings from SWIVL and our partners, (v) to improve, modify and adapt the Service, and (vi) for any other lawful purpose. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to the User Service Data and any content or materials that you submit to your SWIVL account.

SWIVL's use under this license is subject to our privacy policy in effect as posted at XXX. Examples of SWIVL's permitted use of your User Service Data may include, without limitation:

  • Providing relevant data to our Service and third-party providers and applications ("Apps") that utilize functionality from your account to fulfill their services and evaluate your eligibility for additional services
  • Sending communications on your behalf to effect the intended purposes of the applicable Service, e.g., sending job scheduling emails, sending en-route text notifications, offering your marketing promotions
  • Making your services available on our own and third-party Booking Services that we partner with
  • Generating invoices to you and collecting payment thereon
  • Verifying your identity, and preventing fraud or other unauthorized or illegal activity
  • Analyzing and creating anonymized aggregate industry trends and analytics to improve the Service and create new features and offerings
  • Providing User support to you
  • Using the names, trademarks, service marks and logos associated with your company to promote the Service
  • Providing you with job applicants potentially looking for jobs in your industry
  • Sending you offers and marketing materials from SWIVL and any of our partners or affiliates that we believe may be of interest to you
  • Any other use that we, or a third-party App or partner, describe at the point where we collect data or information with your consent

Use of Aggregated & Statistical Service Data Rights

Notwithstanding any other provision of this Agreement, 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 SWIVL does not automatically own any anonymized aggregated and statistical data upon its creation, You hereby assign all right, title and interest, including intellectual property rights, in and to such aggregated and statistical data to SWIVL.

We also reserve the right to use any version of your website from our Website Builder service (or any part thereof) for any of our marketing or promotional activities, online or offline, and to modify it as reasonably required for such purposes, and you hereby waive any claims against us or anyone acting on our behalf relating to any past, present or future moral rights, artists' rights or any other rights you may have in or to such content with respect to such uses.

You hereby grant to SWIVL a non-exclusive, irrevocable, perpetual, unlimited, worldwide license to use and permit others to use, at no cost, your name, photograph, video and voice (from any recordings you provide or upload, or recordings made by us that include you), statements, likeness, and personal characteristics ("Materials") in connection with the Company's business purposes, including but not limited to, advertising and commercial exploitation, in any format now known or hereafter developed at the Company's sole discretion. Such uses of the Materials may include, but are not limited to: use on the Company's website, use on social media, use of Materials within advertising, promotional, and educational communications, use for training, and any other public use in furtherance of the Company's business purposes.

Franchises

If you are a franchisee, and you subscribe to SWIVL through an offer or or in conjunction with your franchisor, you authorize SWIVL to provide access to your SWIVL account, and all information therein, to your franchisor. You also authorize us to act on, and follow instructions from your franchisor with regard to your account.

Customer Service Issues

You are solely responsible for all service issues between you and your customers relating to your services, including pricing, fulfillment, cancellation by you or your customer, returns, refunds and adjustments, rebates, functionality and warranty, technical support, and feedback, reviews, or ratings concerning experiences with your personnel, policies or processes. In performing services for customers, you will always present yourself as a separate entity from us.

PAYMENT PROCESSING TERMS OF SERVICE

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 of your eligibility for such offerings. Such offerings are subject to certain fees as disclosed to you at the time of sign up. By using SWIVL Payments, you acknowledge and agree that we may use third party payment processors or other service providers ("Third Party Payment Processors") and that the terms and privacy policies of any such Third-Party Payment Processors 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, and any other terms contained therein. SWIVL is not liable for the acts or omissions of any third party, including any Third Party Payment Processor. See below for additional terms and conditions regarding your access to and use of SWIVL Payments.

Card Not Present

You acknowledge that all payment or financial card ("Card") transactions (except those conducted using card readers provided by us) are processed as "card not present" transactions, even where the consumer is at the physical point of sale and a consumer has different Chargeback rights for "card not present" transactions than for transactions where the buyer physically presents the card to the seller.

Underwriting

We will review some or all of the information that you submit in connection with your request to sign up for SWIVL Payments. We may forward such information to Third Party Payment Processors. After you submit your application, we or our payment processor may conclude that you will not be permitted to use the Service.

Payment Processing Transaction and Account Reviews

From time to time, and in our sole discretion, we review account and transaction activity, including when bank transfers are initiated, to evaluate your eligibility, or continued eligibility, to access our processing and other financial related product offerings. This review checks for, among other things, suspicious or illegal activity, and whether your account activity and the activity of users with whom you've transacted comply with this Agreement. In connection with our review process, you may be required to provide us with additional information and/or documentation to verify your identity, business information, or financial standing. We also may obtain information from third parties, including but not limited to consumers and banks, and we may contact your customers to obtain relevant information. We may limit your account and your access to money in it or that is sent to you until verification is completed.

Our Reviews may result in:

  • delayed, blocked or canceled transfers;
  • money or payments being held by us;
  • money or payments being applied to amounts you owe to us or used to offset loss incurred by us;
  • account limitation, suspension or termination;
  • money or payments being seized to comply with a court order, warrant or other legal process; and/or
  • money or payments you previously received being reversed (i.e., sent back to the sender or to the card or bank account that was used to fund the payment).

Among other reasons, we may take the above actions if you knowingly or unknowingly were a participant in a payment that was made from a stolen card, compromised bank account, or compromised SWIVL account, or if you were a participant in a transaction for goods and services between two personal accounts.

Transaction Limits

We may impose various transaction limits and rules on Users. If you believe that the transaction limits are interfering with your business, please contact our support to request higher limits. We may require more information about your business to evaluate your request and will decide at our sole discretion whether to honor such requests. We will consider a variety of factors in making our decision, including but not limited to a proprietary set of rules, Chargeback rates, transaction behavior, and other supplemental data about your business.

Restrictions on Certain Transactions

You may not use Card transactions for activities unrelated to the activities described in your Business Profile. Without limiting the generality of the foregoing, you may not use Card transactions for shipping products, for selling products not related to on-site work in the business described in your Business Profile, for making or receiving payments on loans, for cash advances, or for transactions involving motor vehicles.

Payment Processing Fees

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.

Access to Your Funds

We will deposit to your bank account (defined as the bank account as specified in your SWIVL account) the amounts actually received by us for transactions submitted through the Service, less any applicable Fees and any money that you owe SWIVL. We reserve the right to revise our payout schedule. Once your US bank account information is verified, we will automatically initiate a payout to your designated bank account at the end of every business day except as provided below. Payouts to your bank account will normally register within 2-3 business days subject to your bank's policies. We may offer you the ability to direct funds to multiple accounts.

Funds for any given transaction will not be deposited until the transaction is deemed complete. Transactions will be deemed complete when we or the designated financial institutions have accepted the transaction or funds. We will attempt to rectify processing errors that we discover, and may withhold funds pending our investigation of any such errors. You are responsible for monitoring your transactions and ensuring that our payments to you are correct. You must notify us of any errors in payments made to you within sixty (60) days of the error first appearing on your electronic transaction history, and failure to do so will be deemed a waiver of any right to amounts owed to you. However, notification within such sixty (60) day period does not ensure that any such error will be able to be corrected.

Restrictions on Availability of Funds

Should we need to conduct an investigation or resolve any suspicious activity or pending dispute related to your account, we may delay payout or restrict access to your funds for the entire time it takes for us to do so. We also may delay payout or restrict access to your funds as required by law or court order, or if otherwise requested by law enforcement or governmental entities.

Chargebacks

The amount of a transaction may be reversed or charged back to your bank account (a "Chargeback") if the transaction (a) is disputed, (b) is reversed for any reason by the Card Associations (defined below), our processor, or a payer's or our financial institution, (c) was not authorized or we have any reason to believe that the transaction was not authorized, or (d) is allegedly unlawful, suspicious, or in violation of the terms of this Agreement.

There is a non-refundable $25 fee for each Chargeback regardless of the outcome of the dispute.

Contesting Chargebacks; Our Collection Rights for Chargebacks

For any transaction that results in a Chargeback, we may withhold the Chargeback amount in a Reserve (defined below). In the event a consumer charges back a payment that we have processed and caused funds to be delivered to your account, our payment processor Stripe may withhold or take back such amounts while the charge is in dispute. In such event, if your account does not have sufficient funds, we may be required to advance such funds to Stripe on your behalf. If this occurs, you agree that we are entitled to be reimbursed by you immediately, and that your sole remedy lies with your User and your User's bank. We may deduct the amount of any Chargeback and any associated fees, fines, or penalties assessed by the card-issuing bank or organization ("Card Association") or our processor from your bank account (including without limitation any Reserve), from any proceeds due to you, your bank account, or from any other payment instruments registered with us. If you have pending Chargebacks, we may delay payouts to your bank account. Further, if we reasonably believe that a Chargeback is likely with respect to any transaction, we may withhold the amount of the potential Chargeback from payments otherwise due to you under this Agreement until such time that (a) a Chargeback is assessed due to a User's complaint, in which case we will retain the funds, (b) the period of time under applicable law or regulation by which the User may dispute that the transaction has expired or (c) we determine that a Chargeback on the transaction will not occur. If we are unable to recover funds related to a Chargeback for which you are liable, you will pay us the full amount of the Chargeback immediately upon demand. You agree to pay all costs and expenses, including without limitation attorneys' fees and other legal expenses, incurred by or on behalf of us in connection with the collection of all the Users account deficit balances unpaid by you.

Any bank account or Card information may be held by SWIVL in order to satisfy any account balances, disputes, refunds, Chargebacks or other liabilities or obligations after leaving or terminating the Service.

Excessive Chargebacks

If we determine, in our sole discretion, that you are incurring an excessive amount of Chargebacks, we may establish controls or conditions governing your account, including without limitation, by (a) establishing new processing Fees, (b) creating a Reserve in an amount reasonably determined by us to cover anticipated Chargebacks and related fees, (c) delaying payouts and (d) terminating or suspending your access to the Service.

Reserve

If we have reasonable suspicion of misuse, we may temporarily suspend or delay payments to you and/or designate an amount of funds that we must maintain in a separate reserve account (a "Reserve") to secure the performance of your payment obligations under this Agreement. We may require a Reserve for any reason, including if you have a high rate of Chargebacks or refunds, or other indications of performance problems related to your use of the Service. The Reserve will be in an amount as reasonably determined by us to cover anticipated Chargebacks, returns, unshipped merchandise and/or unfulfilled products or services or credit risk based on your processing history or such amount designated by our processor. The Reserve may be raised, reduced or removed at any time by us, in our sole discretion, based on your payment history, a credit review, the amount of any arbitration award or court judgment against you in our favor, or otherwise as we or our processor may determine or require. If you do not have sufficient funds in your Reserve, we may fund the Reserve from any funding source associated with your account, including but not limited to any funds (a) due to you under this Agreement or (b) available in your bank account, or other payment instrument registered with us. You grant us a security interest in and lien on any and all funds held in any Reserve, and also authorize us to make any withdrawals or debits from the Reserve, without prior notice to you, to collect amounts that you owe us under this Agreement, including without limitation for any reversals of deposits or transfers made to your bank account.

Taxes – Withholding

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 ("Taxes"). You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. If in a given calendar year you receive more than $600 in gross amount of payments, we will report annually to the Internal Revenue Service ("IRS"), as required by law, your name, business name, address, Tax Identification Number the total dollar amount of the payments you receive in a calendar year, and the total dollar amount of the payments you receive for each month in a calendar year. It is your responsibility to ensure that your business name and Tax Identification Number as provided to SWIVL are accurate and up to date.

Refunds and Returns

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. Card Association Rules may require that you will (a) maintain a fair return, cancellation or adjustment policy, (b) disclose your return or cancellation policy to Users at the time of purchase, (c) not give cash refunds to a User in connection with a Card sale, unless required by law and (d) not accept cash or any other item of value for preparing a Card sale refund. You are responsible for knowing and adhering to the Card Association Rules applicable to you, and SWIVL will not be liable for any violation by you of the Card Association Rules. The amount of the refund/ adjustment must include any associated taxes required to be refunded and cannot exceed the amount shown as the total on the original sales data except by the exact amount required to reimburse the User for postage that the User paid to return merchandise. If you accept returns and are making an uneven exchange of merchandise (e.g., the sales price is not the same), you must issue a credit for the total amount of the merchandise being returned and complete a new sale for any new merchandise. Please be aware, if your refund policy prohibits returns or is unsatisfactory to the buyer, you may still receive a Chargeback relating to such sales. You can process a refund through your account up to sixty (60) days from the day you accepted the payment. If the balance in your account is insufficient to cover the refund, we will withdraw up to the requested refund amount from your bank account and credit it back to your User's Card. Transaction Fees are also refunded, so the full purchase amount is always returned to your User. We have no obligation to accept any returns of any of your goods or services on your behalf.

Account History

We provide you an online transaction history of all of your authorized transactions. Except as required by law, you are solely responsible for (a) compiling and retaining permanent records of all transactions and other data associated with your account and your use of the Service and (b) reconciling all transactional information that is 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"). Such offerings are subject to certain fees as disclosed to you at the time of sign up. By using Financial Solutions, you acknowledge and agree that we may use third party technology and service providers ("Third Party Financial Partners") and that the terms and privacy policies of any such Third Party Financial Partners are applicable to you. SWIVL is not liable for the acts or omissions of any third party, including any Third Party Financial Partners. See below for additional terms and conditions regarding your access to and use of Financial Solutions.

SWIVL Spend Card

SWIVL Expense Card is a business charge card and financial account made available through the use of 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 following agreements: 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.

NOTE: We may request that Third Party Financial Partners establish accounts for you to enable the provision of payment processing and other Financial Solutions, including accounts for Financial Solutions which you are not currently using, but for which you may be or become eligible. Such accounts will not become fully activated for you until you request such access and re-affirm your agreement to the applicable partner terms and conditions. If you wish not to have any Financial Solutions enabled on your behalf, you may submit a request in writing via email to account-services@swivl.tech with such request and, within 10 business days of receipt, any such accounts enabled on your behalf that you are not currently using will be closed and no further such accounts will be enabled on your behalf. If you do not fully activate an account for a Financial Solution enabled on your behalf within six (6) months of such Financial Solution being enabled, we may close the account at our sole discretion. SWIVL is not liable for the acts or omissions of any third party, including any Third Party Financial Partners.

Consumer Financing

SWIVL does not provide consumer financing, but may partner with a Third Party Financial Partner through which you may access their consumer financing offerings. When you apply for financing through such Third Party Financial Partners, you understand and agree that we may share information about your business, including processing and payment history, with such Third Party Financial Partner. You acknowledge and agree that any such consumer financing is provided solely by such Third Party Financial Partner, and SWIVL has no obligations or liability to you or your Users with regard to any offerings from, or your dealings with, such Third Party Financial Partner.

Swivl Vault

Swivl Vault is a financial account made available through the use of 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 we are entitled to be reimbursed by you immediately, and 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

If you have any questions about these Terms of Service, please contact us at:

Work Order Management, LLC dba Swivl

Attention: Legal Department

Address: 2302 Parklake Drive Northeast Suite 550 Atlanta, GA 30345 United States

Telephone: 1 (404) 383-6112

Email: account-services@swivl.tech