Terms & Conditions

Last updated December 18, 2024

These Terms and Conditions ("Terms") govern your access to and use of the Swyvery mobile application ("App") and the services provided therein ("Services"). By accessing or using the App, you ("User") agree to comply with and be bound by these Terms, which constitute a legally binding agreement between you and Swyvery ("Company").

1. Acceptance of Terms

By accessing or using the App, you affirm that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you may not access or use the App. 

The Company reserves the right to modify or amend these Terms at any time. Users will be informed of any significant changes to these Terms and Conditions via notifications within the app, email communication, or updates posted on our website www.swyvery.com. Your continued use of the App following any changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically to stay informed of any updates.

2. Eligibility

The Services provided through the App are available to individuals who have reached the legal age of majority in their respective jurisdiction. However, if you are a minor under the laws applicable to your location (generally under the age of 18), you may only use the Services with the express consent and under the direct supervision of a parent or legal guardian. It is required that your parent or guardian review these Terms and agree to them on your behalf before you access or use the Services. The Company reserves the right to request proof of such consent at any time and may, at its sole discretion, restrict, suspend, or terminate your access to the Services if it is discovered that these requirements have not been met.

3. User Obligations

a. Registration and Account Security

To access certain features of the App, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials, including your password. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss or damage arising from your failure to protect your account information.

b. Prohibited Conduct

You agree not to engage in any of the following activities:

• Unauthorized Access: Attempting to access, tamper with, or use non-public areas of the App, the Company’s computer systems, or the technical delivery systems of the Company’s providers.
• Interference: Interfering or attempting to interfere with the access of any User, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the App.
• Impersonation: Misrepresenting your identity or affiliation with any person or entity or impersonating any person or entity.
• Data Scraping: Using any automated process, including but not limited to robots, spiders, or crawlers, to scrape, collect, or copy any content from the App without prior written consent.
• Illegal Activity: Using the App in any manner that could violate any applicable local, state, national, or international law or regulation.

c. User Content Responsibility

The App may allow Users to submit, post, or otherwise make available content such as reviews, feedback, or other materials ("User Content"). By submitting User Content, you grant the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Company to use all User Content you submit. You agree not to submit content that is unlawful, defamatory, obscene, or otherwise objectionable. The Company reserves the right to remove or modify any User Content that it deems inappropriate at its sole discretion.

4. Service Terms

a. Service Description

The App provides an on-demand delivery service for items and essentials, allowing Users to request deliveries through the App, which are then fulfilled by independent contractors ("Drivers"). The Company acts as an intermediary between Users and Drivers, facilitating the provision of delivery services. Users create accounts, place orders for deliveries, track deliveries in real time, and may submit feedback or reviews regarding the services they receive. The Company does not provide delivery services itself and is not responsible for the actions or omissions of any Driver.

b. Service Availability

The Company does not guarantee the availability of Drivers at any given time or location. The availability of Drivers may be affected by a variety of factors, including, but not limited to, demand for delivery services, weather conditions, and other factors beyond the Company's control. The Company reserves the right to modify, suspend, or discontinue the App or any part of the Services at any time, with or without notice, and without liability to you.

c. Payment and Fees

Users are required to pay for the delivery services provided through the App. Payments are required at the time of order placement. Accepted payment methods include credit and debit cards, as well as other electronic payment options. In cases where balances are unpaid, late fees may apply, and users may be restricted from using the services until all dues are settled.

Payment is processed through third-party payment processors, and by using the App, you agree to the terms and conditions of these processors. You authorize the Company to charge your provided payment method for all fees associated with your use of the App, including any applicable taxes. The Company reserves the right to establish, remove, or revise fees for any aspect of the Services at its sole discretion.

d. Cancellation Policy

Users may cancel a delivery request within a specified time frame as outlined in the App. If a delivery is cancelled after the allowed cancellation period, you may be charged a cancellation fee. The amount of the cancellation fee will be disclosed to you before you confirm your cancellation. The Company reserves the right to modify the cancellation policy at any time and will notify Users of any changes.

Refunds may be offered in the case of failed or incorrect deliveries, subject to review and approval by our team. Since the service involves delivery and not physical goods, exchanges are not applicable.

5. Intellectual Property Rights

a. Ownership and License

The Company and its licensors retain all rights, title, and interest in and to the App, including all software, text, images, logos, and other content provided on the App, as well as any and all intellectual property rights associated therewith. The App and the Services are protected by copyright, trademark, and other intellectual property laws. Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the App solely for your personal, non-commercial use. You agree not to reproduce, distribute, create derivative works from, or otherwise exploit the App or any portion thereof without the express written consent of the Company.

b. Trademarks

All trademarks, service marks, logos, trade names, and any other proprietary designations of the Company used herein are trademarks or registered trademarks of the Company. Any other trademarks, service marks, logos, trade names, or other proprietary designations are the trademarks or registered trademarks of their respective parties. You may not use any trademarks, service marks, logos, trade names, or other proprietary designations of the Company or any third party without the express written consent of the owner of the trademark.

6. User Content

a. Content Submission

The App may allow Users to submit, post, or otherwise make available content such as reviews, feedback, or other materials ("User Content"). By submitting User Content, you grant the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Company to use all User Content you submit.

b. Content Responsibility

You are solely responsible for all User Content you submit through the App. You agree not to submit content that:

• Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
• Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
• Violates any third party's intellectual property or other proprietary rights;
• Contains any viruses, malware, or other harmful code or files; or
• Is fraudulent, false, misleading, or deceptive.

The Company reserves the right to remove or modify any User Content that it deems inappropriate at its sole discretion. However, the Company is not responsible for and does not endorse any User Content posted on the App.

7. Disclaimer of Warranties

a. As-Is Basis

The App and Services are provided on an "as-is" and "as-available" basis, without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. The Company does not warrant that the App will be uninterrupted, error-free, or free from viruses or other harmful components.

b. No Guarantee of Accuracy

The Company makes no warranty, express or implied, regarding the accuracy, timeliness, reliability, or completeness of any information or content provided through the App. The Company shall not be responsible for any errors or omissions in the content provided on the App.

8. Limitation of Liability

To the maximum extent permitted by law, the Company shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of or inability to use the App or Services, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, even if the Company has been advised of the possibility of such damages. This limitation of liability applies regardless of whether the damages arise from breach of contract, tort, negligence, strict liability, or any other legal theory.

9. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to:

• Your use or misuse of the App or Services;
• Your violation of these Terms or any applicable law or regulation;
• Your violation of any rights of another party, including but not limited to any intellectual property rights, privacy rights, or other proprietary rights; or
• Any User Content you submit, post, or otherwise make available through the App.

The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with the Company in asserting any available defenses.

10. Dispute Resolution

a. Governing Law

These Terms and any dispute arising out of or related to them or the App shall be governed by and construed in accordance with the laws of the United States of Ameria without regard to its conflict of law principles.

b. Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in [City, State], and the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

c. Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a class, consolidated, or representative action. You further agree that you and the Company are each waiving the right to participate in a class action or class-wide arbitration.

d. Arbitration Opt-Out

You may opt out of the arbitration provision within thirty (30) days of the date you first agreed to these Terms by sending a written notice to the Company at [Company’s Contact Address] with the subject line "Arbitration Opt-Out." Your notice must include your full name, address, and a clear statement that you wish to opt out of arbitration.

e. Severability of Dispute Resolution Provisions

If any part of the dispute resolution provisions of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

11. Termination

The Company reserves the right to terminate or suspend your access to the App at any time, with or without cause or notice, effective immediately. Upon termination, your right to use the App will cease, and all provisions of these Terms that by their nature should survive termination, including but not limited to intellectual property rights, disclaimers, indemnity, and limitations of liability, shall continue to apply.

12. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Any invalid or unenforceable provision will be interpreted to give effect to the intent of the original provision.

13. Assignment

You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of the Company. The Company may freely assign or transfer its rights and obligations under these Terms without restriction.

14. No Waiver

The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver will only be effective if it is in writing and signed by an authorized representative of the Company. 

15. Force Majeure

The Company shall not be liable for any failure to perform, or delay in performing, any of its obligations under these Terms if such failure or delay results from events or circumstances beyond the Company’s reasonable control, including but not limited to, acts of God, natural disasters, war, terrorism, civil unrest, strikes, labor disputes, pandemics, government actions, changes in law or regulation, interruptions or failures in utility services, communication systems, or internet services, or any other cause beyond the Company’s reasonable control. In such event, the Company’s obligations under these Terms shall be suspended for the duration of the event or circumstances giving rise to the force majeure. The Company will use commercially reasonable efforts to mitigate the impact of the force majeure event and resume the performance of its obligations as soon as reasonably practicable. If the force majeure event continues for an extended period of time, the Company reserves the right to terminate the affected Services or these Terms, in whole or in part, with notice to you.

16. Prohibited Items and Compliance

• Users are required to comply with all applicable local, state, national, and international laws, regulations, and the platform’s internal policies when dispatching items. The following guidelines outline the types of items that are strictly prohibited from being shipped or delivered using the services.

a. Prohibited Items

It is strictly prohibited to use the platform to dispatch or deliver any of the following types of items:

1. Illegal Items: Any items that are illegal under the laws applicable in the jurisdiction where the item is being dispatched or delivered. This includes, but is not limited to:

• Drugs and controlled substances.
• Counterfeit goods or intellectual property infringing items.
• Stolen goods.

2.  Firearms, Weapons, and Ammunition:

• Firearms, firearm parts, ammunition, or any weapons, including but not limited to knives, explosives, and other dangerous items designed to cause harm or injury.

3. Dangerous or Hazardous Materials:

• Any items classified as dangerous goods or hazardous materials under relevant regulations, including:
  • Explosives and flammable materials.
  • Corrosive, toxic, or radioactive materials.
  • Items identified in the Hazardous Materials Table (49 CFR section 172.101) or hazardous substances under 49 U.S.C. section 5103.

4. Alcohol, Tobacco, and Controlled Substances:

• Alcoholic beverages, tobacco products, recreational drugs, or drug paraphernalia.

5. Pharmaceutical Products:

• Prescription medications, over-the-counter drugs, vitamins, or supplements unless specifically allowed by law and platform policies.

6. Biological Materials:

• Human or animal parts, including but not limited to blood, body fluids, organs, or other specimens.

7. Fragile or Perishable Goods:

• Highly perishable food items, including raw meat, dairy products, or any items that require refrigeration during transit.
• Fragile items that are not appropriately packaged and could be damaged during delivery.

8. Valuables and Monetary Instruments:

• Cash, currency, gift cards, lottery tickets, bearer bonds, or transferable securities.

9. Obscene or Pornographic Materials:

• Any materials deemed obscene, pornographic, or sexually explicit by applicable laws and platform policies.

10. Livestock and Regulated Species:

• Livestock or live animals.
• Regulated or prohibited species, such as noxious weeds, restricted seeds, or products derived from endangered or regulated species.

11. Threatening or Harassing Items:

• Any items that may reasonably be perceived as threatening, harassing, or violating the platform’s Community Guidelines, including any materials that promote hate, violence, or illegal activities.

b. User Responsibilities

By using the platform’s services, users agree:

• To ensure that the items dispatched do not fall under any of the prohibited categories listed above.
• To comply with all applicable laws and platform policies when dispatching items.
• To take responsibility for ensuring that items are properly packaged, labeled, and compliant with all relevant shipping regulations.

If a prohibited item is dispatched, the platform reserves the right to take corrective actions, which may include, but are not limited to:

• Immediate suspension or termination of the user’s account.
• Seizure or destruction of the prohibited item.
• Legal action, including civil or criminal penalties as allowed by law.

c. Reporting Violations

If users believe that another individual is dispatching an item that violates policies or applicable laws, they are encouraged to report the incident directly to the platform’s support team. All reports will be investigated thoroughly, and appropriate actions will be taken, which may include account suspension, termination, or legal action.

d. Disclaimer

This list of prohibited items is not exhaustive. The platform retains the discretion to prohibit additional items that may not be explicitly listed above but are deemed unsafe, illegal, or inappropriate for delivery via the services. The platform will update this list as necessary and reserves the right to modify or amend the terms of prohibited items without prior notice.

17. Contact Information

If you have any questions or suggestions about these Terms, please contact us at:

admin@swyvery.com || +1 (410) 660-6475