Overview
These Terms of Service ("Terms") govern your use of the swellworks.io website and the software products Swellworks LLC ("Swellworks", "we", "us") provides, including hosted applications, support tools, and related services (together, the "Services"). By using the Services you agree to these Terms. If you are using a product on behalf of an organization, you agree on that organization's behalf and confirm you have the authority to do so.
If your organization has a signed agreement with Swellworks, that agreement controls where it conflicts with these Terms.
Accounts and access
- You need an account to use most products. Keep your sign-in credentials confidential and tell us or your administrator right away if you suspect unauthorized use.
- You are responsible for activity under your account. Do not share accounts or let others use yours.
- Organizations control who has access to their workspace and what each person can do. An administrator may add, change, or remove your access at any time.
- You must be at least 13 years old to create an account on swellworks.io. Organizations that give minors access to a product are responsible for any consent the law requires.
Acceptable use
Use the Services only for their intended purpose and in compliance with the law. You agree not to:
- Access or attempt to access another organization's data or any part of the Services you have not been granted.
- Probe, scan, or test the vulnerability of the Services, or interfere with their security or performance, without our written permission.
- Upload malicious code or content that is unlawful, defamatory, infringing, or harmful to others.
- Use automated means to scrape, harvest, or bulk-export data beyond features we provide for that purpose.
- Resell, sublicense, or provide the Services to third parties except as your organization's agreement allows.
- Reverse engineer, decompile, or attempt to derive the source code of the Services.
We may suspend or limit access when we reasonably believe these rules have been broken or to protect the Services and other customers. We will tell you why whenever we can.
Your content
You and your organization own the content you enter into the Services: requests, bookings, tickets, survey responses, files, and similar records ("Customer Content"). You give Swellworks a limited license to host, copy, process, transmit, and display Customer Content only as needed to provide, secure, and support the Services, and as your organization instructs.
You are responsible for Customer Content and for having the rights and consents needed to submit it. We do not monitor Customer Content, but we may remove content that violates these Terms or the law.
Organizations can export their Customer Content while their subscription is active. After a subscription ends, we keep Customer Content for a short wind-down period, then delete or de-identify it as described in our Privacy Policy.
Our intellectual property
The Services, including all software, designs, text, graphics, logos, and documentation, are owned by Swellworks or its licensors and are protected by intellectual property laws. These Terms do not transfer any of that ownership to you. Swellworks, Harbor, Triton Lab Scheduler, SwellSuite, Swelldesk, Tideline, and the swell mark are trademarks of Swellworks LLC.
Where a product is delivered under your organization's own name and branding, your organization keeps its trademarks and we keep the underlying software.
If you send us feedback or suggestions, we may use them without obligation to you.
Subscriptions and fees
Fees, billing periods, and payment terms for paid products are set out in your organization's order or agreement. Unless that agreement says otherwise, fees are billed in advance, are non-refundable, and do not include taxes. If a payment is late, we may suspend the affected Services after giving notice.
swellworks.io and free or trial use of a product are provided at no charge and may be changed or withdrawn at any time.
Third-party services
The Services may let you sign in with, or connect to, third-party services such as Google. Your use of those services is governed by their own terms and privacy policies. We are not responsible for third-party services, and connecting them is optional unless your organization requires it.
Availability and changes
We work to keep the Services available and reliable, and we schedule maintenance outside busy hours whenever we can. We may improve, change, or discontinue features over time. If we discontinue a product your organization pays for, we will give at least 60 days' notice and a way to export Customer Content.
Disclaimer of warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, SWELLWORKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT THEY WILL MEET YOUR REQUIREMENTS.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, SWELLWORKS AND ITS MEMBERS, OFFICERS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOUR ORGANIZATION PAID SWELLWORKS FOR THE SERVICES IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED US DOLLARS IF NOTHING WAS PAID.
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
Indemnification
You agree to defend, indemnify, and hold harmless Swellworks from claims, damages, and expenses (including reasonable attorneys' fees) arising from your Customer Content, your use of the Services in violation of these Terms, or your violation of the law or the rights of a third party.
Termination
You may stop using the Services at any time. Organizations may end a subscription as their agreement allows. We may suspend or terminate access if you materially breach these Terms and do not cure the breach within 15 days of notice, or immediately if the breach threatens the security of the Services or other customers.
On termination your right to use the Services ends. Sections that by their nature should survive (including ownership, disclaimers, limitation of liability, indemnification, and governing law) will survive.
Governing law and disputes
These Terms are governed by the laws of the State of California, without regard to its conflict-of-law rules. Any dispute that cannot be resolved informally will be brought in the state or federal courts located in Orange County, California, and you consent to their jurisdiction. Before filing a claim, each side agrees to try in good faith to resolve the dispute by contacting the other and discussing it for at least 30 days.
Changes to these Terms
We may update these Terms from time to time. We will post the new version here and update the effective date. For material changes, we will notify customer administrators by email or inside the product at least 30 days before the change takes effect. Continued use of the Services after that date means you accept the updated Terms.
General
These Terms, together with any signed agreement and our Privacy Policy, are the entire agreement between you and Swellworks about the Services. If any part of these Terms is found unenforceable, the rest stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
Contact us
Questions about these Terms can be sent to inquiries@swellworks.io. Product support is available at support@swellworks.io.
Swellworks LLC, California, United States.