SwingBy.care Terms of Service

The Service functions as a platform that facilitates the connection between individuals who are seeking to acquire specific services (“Clients”) and independent third-party contractors seeking to provide such services (“SwingBy.care Companions”). SwingBy.care Companions are not employees of SwingBy.care. SwingBy.care Companions are Independent Contractors. Both Clients and SwingBy.care Companions are “Users” of the Service and must agree to these Terms and Conditions, otherwise they are prohibited to use the Service.

SwingBy.care only provides a platform for enabling connections between Users through use of the Service. Beyond this, SwingBy.care does not provide services to Clients. Instead, SwingBy.care enables SwingBy.care Companions, which are independent contractors, to provide services to Clients. Although SwingBy.care performs certain background screenings on SwingBy.care Companions and applicants, neither SwingBy.care, nor any of its subsidiaries or affiliates, assumes any responsibility for any of the acts or omissions of any SwingBy.care Companion or Client, such as property damage or bodily injury that may result in connection with the services a SwingBy.care Companion may perform for a Client. SwingBy.care does not endorse any products or recommendations by SwingBy.care Companions communicated with you. You acknowledge that your reliance on any SwingBy.care Companion or any information provided to you by any SwingBy.care Companion via the Service is solely at your own risk and you assume full responsibility for all risk associated herewith.

If you access the Service via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with these Terms.

You agree you will not (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or any other licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

The Service and all of its content, including without limitation all copyrights, trademarks, patents, and trade names, as well as all logos, text, graphics, design, logos, images, icons, audio clips, downloads, interfaces, code and software, and all other intellectual property (collectively referred to as the “Content”), are all proprietary and owned by SwingBy.care and our affiliates. All right, title, and interest in and to the Content available via the Service is the exclusive property of and owned by SwingBy.care, our licensors, or certain other third parties, and is protected by United States and international copyright, trademark, trade dress, patent or other intellectual property laws.

A limited, revocable, non-transferable license is granted to temporarily download one copy of the intellectual property displayed via the Service for personal, non-commercial transitory viewing only. This is not a transfer of title, right, or interest in the Service or Content. The license does not give you the right to, and you are strictly prohibited from, copying the Content, modifying the Content, using the Content for any commercial purpose, publicly displaying the Content, attempting to decompile or reverse engineer the Content, removing any copyright, trademark, or other proprietary notations from the Content, or otherwise infringing upon the intellectual property rights of SwingBy.care or its licensors. This license shall automatically terminate if you violate any of these restrictions, or any provision of the Terms, and may be terminated by SwingBy.care at any time for any or no reason. Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. Except as expressly provided in these Terms, no assignments or license of intellectual property are granted by SwingBy.care.

You may use the Service only for lawful purposes and shall not: (1) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (2) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (3) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (4) interfere with or disrupt the integrity or performance of the Service or its related systems or networks. We reserve the right to determine whether or not your use of the Service is acceptable and to immediately revoke your access to the Service at our sole discretion.

SwingBy.care owns and uses several trademarks on the Service and related logos. All rights are reserved by SwingBy.care. All other trademarks, brands, and names are the property of their respective owners. Nothing contained in the Service should be construed as granting any license or right to use any trademark displayed on this site without the express written permission of SwingBy.care or such third party that may own the trademark.

Some features of the Service may now or in the future allow you to provide content, such as written comments or reviews, to be published or displayed on public areas of the Service (“User Content”). All content submitted by you to the Service may be retained by us indefinitely, even after you terminate your account. By submitting any User Content, you grant to SwingBy.care a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use the User Content in any manner, including to create derivative works, without any compensation or notice to you. Your User Content may be posted and transmitted to others at your own risk. We cannot control the actions of other users of the Service with whom you may choose to share your User Content.

Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless SwingBy.care and its officers, directors, employees, and agents from and against any claims, losses, liabilities, damages, costs, or expenses, including attorneys’ fees and costs, that may arise from or in connection with (a) your use of, or activities in connection with, the Service, including use of any good, product, or service purchased through the Service, (b) violation of these Terms by you, and (c) the acts or omissions of any other User. If you fail to promptly indemnify and defend a covered claim, SwingBy.care shall have the right to defend itself, and in such case, you shall promptly reimburse SwingBy.care for all of its associated costs and expenses. SwingBy.care reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification.

THE SERVICE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE OR PURCHASED THROUGH THE SERVICE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE SERVICE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SITE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE SERVICE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SERVICE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SERVICE. YOU AGREE THAT YOU MUST EVALUATE AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SERVICE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE.

WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SERVICE, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SERVICE OR FROM ANY INFORMATION OR MATERIALS ON THE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SERVICE.

IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.

You may only create and hold one account for your personal use. You are the sole authorized user of your account and agree to provide true, accurate, current, and complete information about yourself in connection with your account. You are responsible for maintaining the security and confidentiality of any password and account number provided by you or SwingBy.care for accessing the Service. You are solely and fully responsible for all activities that occur under your password or account. SwingBy.care may assume that any communications it receives through your account have been made by you unless SwingBy.care receives notice otherwise. SwingBy.care expressly disclaims any liability from misuse of your account. Should you suspect that any unauthorized party may be using your password or account or you suspect any breach of security, contact SwingBy.care immediately at privacy@joinSwingBy.care.com. You will not sell, transfer, or assign your account or any account rights. Accounts may only be set up by the individual that is the subject of the account, and who is of the age of majority. We generally do not review accounts for authenticity and are not responsible for any unauthorized accounts that may appear on the Service. For any dispute as to account creation or authenticity, we shall have the sole right but are not obligated, to resolve such dispute as we determine appropriate in our sole and exclusive discretion, with or without notice.

YOU ARE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SERVICE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS, TRANSMISSIONS, ORDERS, PAYMENTS, FINANCIAL TRANSACTIONS, AND OTHER OBLIGATIONS INCURRED THROUGH SUCH ACCESS OR USE.

AS PERMITTED BY APPLICABLE LAW, WE SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR SPECIAL LOSS, OR OTHER DAMAGE, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION, OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED WITHIN THESE THIRD-PARTY SERVICES.

In certain situations, SwingBy.care acts as a conduit between members of the Service and third-party ride-sharing apps like Lyft or Uber, as well as third-party food and grocery delivery apps. In such situations, you authorize SwingBy.care to act on your behalf to communicate with the designated driver, delivery person, and service (via voice, text message or email) to vet them and their equipment to make sure they and their vehicles meet your transportation or food/grocery delivery requirements and specifications, and to aid in locating your position for the driver or delivery person, and to advise the driver or delivery person to correct his course if required, to suggest (or approve or disapprove) alternate items or groceries associated with your order for food or groceries, or for any other reason SwingBy.care deems appropriate. You further authorize SwingBy.care as your agent and on your behalf, to order groceries, to order food, to select and approve (or disapprove) alternate groceries and food, to monitor your complete ride from start to finish and if SwingBy.care deems it appropriate, to communicate with the designated driver or you to make sure the designated driver is meeting your specified conditions and requirements. During this phase of the ride, you authorize SwingBy.care to communicate with persons you designate to let them know the initiation, progress and conclusion or your ride.

SwingBy.care is not responsible for the services provided by any third-party application. If you decide to use any third-party application service, including in connection with SwingBy.care, you do this entirely at your own risk. SwingBy.care will not vet foods or groceries to ensure they are safe or otherwise consistent with any health, allergy, religious, or other dietary requirement, and you are solely responsible for ensuring the safety of any food or groceries you receive from any third-party service (even if delivery and ordering are coordinated through SwingBy.care). SwingBy.care makes no representation or warranty as to any third-party application, products, or services, and you agree that SwingBy.care shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party application, products, or services made available to you by SwingBy.care solely for your convenience. We recommend you review the terms and policies of any third-party applications prior to your use of or access to the same.

Certain features of the Service, including, without limitation, subscribing to a membership or the placing or receipt of service orders, may require you to make certain payments, including commissions or other fees. Any fees that SwingBy.care may charge you for your use of or access to the Service are due immediately when charged by SwingBy.care and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Service either planned, accidental or intentional, or any reason whatsoever. SwingBy.care reserves the right to determine and change any payment term, rate, mechanism, or structure at any time with notice to you. SwingBy.care, in its sole discretion, may offer credits or refunds on a case-by-case basis.

Fees will be displayed in United States Dollars. By confirming your purchase at the end of the checkout process, you agree to accept and pay the fees as well as all applicable taxes and currency conversion fees.

SwingBy.care may from time to time offer special promotions or offers. Promotional codes, discounts, and offers (“Promotions”) are limited in nature and may expire or be discontinued with or without notice. Promotions are void where prohibited by law. Promotions may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any Promotions. Other Promotions, including sweepstakes, contests, raffles, surveys, or games, may be governed by rules that are separate from or supplement these Terms. If you participate in any Promotions, please review the applicable rules. If the specific rules for a Promotion conflict with these Terms, the Promotion rules will govern.

SwingBy.care may use third party services to process payments, such as Stripe, which have their own separate terms of service. While SwingBy.care will use commercially reasonable efforts to ensure the security of all payment information such as credit cards or bank account numbers, SwingBy.care expressly disclaims any liability for any damage that may result should any third parties gain access to such information, and you agree to hold SwingBy.care harmless for any damages that may result therefrom.

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. All billing information you provide to us must be current, complete, truthful, and accurate. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed. Providing any untruthful or inaccurate information is a breach of these Terms and may result in the cancellation of your order. Prior to accepting an order, we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any transaction. We reserve the right to refuse or cancel an order for any reason including limitations on availability, inaccuracies, or errors in service or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. SwingBy.care may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction. We are not responsible for any fees or charges that your bank or credit card issuer may apply.

SwingBy.care may terminate or suspend your right to use the Service at any time and for any reason. Without limitation, SwingBy.care may terminate or suspend your right to use the Service at its sole discretion, without refunding any unused fees or credit on your account, if you violate any term of this Agreement or any policy of SwingBy.care posted on the Service, or if SwingBy.care otherwise finds that you have engaged in unlawful or inappropriate behavior in connection with your use of the Service. In addition to terminating or suspending your account, SwingBy.care reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. Even after your right to use the Service is terminated or suspended, this Agreement will remain enforceable against you regarding your prior use of the Service.

By providing your mobile number to us, you agree to be contacted by or on behalf of SwingBy.care at the mobile number you have provided, including via phone call or text message, to receive transactional communications relating to the Service (such as to update on status of arrival, timing, and to confirm orders and use of the Service), and you recognize and acknowledge that text messaging is an inherently less secure of a method of communication and agree to receive text messages regardless of the level of security associated with them. Message and data rates may apply. For help regarding the communications, we exchange with you using your phone number, contact us directly.

Consent to receive marketing text messages, which are subject to separate consent terms, are not a condition of purchasing any of SwingBy.care’s goods and services, and you are free to opt-out at any time of marketing text messages- if you would like to stop receiving marketing text messages, you may text the word STOP in reply to any text. Note that we may confirm your opt-out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the Service that most recently sent you a message or respond to your STOP message by texting you a request to identify the Service(s) you wish to stop. Keep in mind that if you stop receiving marketing text messages from us, you may not receive important and helpful information and reminders.

SwingBy.care reserves the right in its sole discretion to review, improve, modify, or discontinue, temporarily or permanently, the Service or any content or information on the Service with or without notice. SwingBy.care will not be liable to any party for any modification or discontinuance of the Service, in part or in its entirety.

You and SwingBy.care agree that any and all disputes or claims that have arisen or may arise between you and SwingBy.care that relate in any way to your participation in, use, or access of the Service, including but not limited to services provided by a SwingBy.care Companion, or the actions of SwingBy.care or its agents, shall be resolved through confidential, final and binding arbitration rather than in court, with the exception of any dispute relating to the enforcement or validity of intellectual property rights. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Agreement to arbitrate.

If a dispute arises between you and SwingBy.care, we want to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. Please contact us regarding disputes between you and SwingBy.care related to the Service.

UNLESS YOU AND SWINGBY.CARE AGREE OTHERWISE, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL PROCEEDING. ALSO, TO THE EXTENT AVAILABLE BY LAW, AND SUBJECT TO THE DAMAGE LIMITATIONS DISCUSSED HEREIN, THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR, AND FOR THE BENEFIT OF, THE INDIVIDUAL PARTY SEEKING RELIEF. If a court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this Section shall still apply. Specifically, if a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or a particular request for a remedy (such as a request for public injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) may be severed from the arbitration and may be brought in court, subject to your and SwingBy.care’s right to appeal the court’s decision. All other claims shall be arbitrated.

The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and held in Broward County, Florida or another mutually agreed location. The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

This Agreement will be governed and enforced under the laws of the State of Texas, without regard to choice of law principles. Any action arising under or related to this Agreement shall be filed in a state or federal court located in Travis County, Texas (except for small claims court actions which may be brought in the county where you reside). You hereby submit to the jurisdiction and venue of said courts and consent to service of process by email in any legal proceeding.

You and SwingBy.care agree that if any portion of these Terms is found illegal or unenforceable, that portion will be construed to be enforceable to the maximum extent permitted by law and the remainder of the Terms will remain valid and enforceable to the maximum extent permitted by law.

No independent contractor, agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by these Terms.

These Terms, including the Privacy Policy, constitute the entire agreement between you and SwingBy.care with respect to the Service and supersedes any previous version of these Terms. Failure by SwingBy.care to enforce any provision of these Terms will not be construed as a waiver of any provision or right.

You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (for example -email, mobile number, physical address).

The primary goal of a SwingBy Companion is to enhance the health and overall wellbeing of our valued Subscribers. At the heart of our service lies the genuine spirit of companionship. Throughout the fulfillment of various tasks, SwingBy Companions are prompted to inquire: "Does this task contribute positively to the Subscriber's quality of life?"

‍SwingBy values partnerships with providers of additional services, beyond the standard non-medical offerings, through the SwingBy Affiliate Program. If you are a SwingBy Companion and have a desire to offer additional services to a SwingBy subscriber, whether independently or through another company, please reach out to SwingBy Support and join the SwingBy Affiliate Program.

Please be informed that failure to adhere to this policy may lead to disqualification from future use of the SwingBy marketplace and platform for the SwingBy Companion. We appreciate your understanding and cooperation in maintaining the integrity of our services. If you have any questions or require further assistance, please don't hesitate to contact us. Thank you for being a valued part of the SwingBy community.

Subscribers are required to be present at their residence during the visit of a SwingBy Companion. If a Subscriber is not available when a SwingBy Companion arrives at the home, the visit should be canceled, even if the tasks assigned do not require the Subscriber's direct involvement, such as walking the dog or organizing groceries. In such cases, the SwingBy Companion will indicate the reason for cancellation on the SwingBy Companion app as "Subscriber is not home."

To ensure a smooth SwingBy Companion visit, Subscribers should provide all necessary items for completing the assigned tasks. This may include funds for errands, pet food, food items for meal preparation, cleaning supplies for house help, and any other relevant materials. It is important to note that SwingBy Companions are not responsible for any expenses incurred during the completion of these tasks.

SWINGBY COMPANIONS DO NOT PROVIDE MEDICAL SERVICES OF ANY KIND.  All SWINGBY VISITS INVOLVE NON-MEDICAL SERVICES ONLY.  THESE NON-MEDICAL TASKS INCLUDE:

We would like to emphasize that SwingBy Companions must adhere to our stringent code of conduct, and any use of the SwingBy service for unlawful purposes is strictly prohibited.