Legal Information

1. Acceptance of Terms

By accessing and using the Swishe platform, you accept and agree to be bound by the terms and provision of this agreement. In addition, when using these particular services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in this service will constitute acceptance of this agreement. If you do not agree to abide by the above, please do not use this service.

2. User Responsibilities and Accounts

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction, to obtain an Account. Account registration requires you to submit to us certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method.

You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or our termination of this Agreement with you. You are responsible for all activity that occurs under your Account.

3. Marketplace Transactions & Payments

Swishe provides a platform that connects buyers with sellers. We are not a party to the transactions between buyers and sellers, unless specifically stated. Swishe offers two types of payment flows:

• Direct Payments: Transactions where the buyer pays the seller directly off-platform. Swishe is not responsible for facilitating these payments, issuing refunds, or guaranteeing the delivery of goods/services.
• Protected Payments: Transactions processed via Stripe Connect. Swishe acts as a marketplace facilitator, applying platform fees and enforcing dispute resolution processes through Stripe APIs.

4. Content and Conduct

You agree not to post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; or (v) promotes illegal or harmful activities or substances.

5. Termination

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

6. Limitation of Liability

In no event shall Swishe, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content.

1. Information We Collect

We collect information you provide directly to us, such as when you create or modify your account, request on-demand services, contact customer support, or otherwise communicate with us. This information may include: name, email, phone number, postal address, profile picture, payment method, and other information you choose to provide.

When you use our Services, we may also collect information about your location, device information, usage and preference information, and log information.

2. How We Use Your Information

We may use the information we collect about you to:

• Provide, maintain, and improve our Services.
• Perform internal operations, including to prevent fraud and abuse of our Services.
• Send or facilitate communications between you and other users.
• Send you communications we think will be of interest to you, including information about products, services, promotions, and news.

3. Data Sharing and Disclosure

We may share the information we collect about you as described in this Statement or as described at the time of collection or sharing, including as follows:

• With third parties to provide you a service you requested through a partnership or promotional offering.
• With the general public if you submit content in a public forum, such as blog comments, social media posts, or other features of our Services.
• With third parties with whom you choose to let us share information, for example other apps or websites that integrate with our API or Services.

4. Your Rights (GDPR/CCPA)

You have the right to access, update, or delete your personal data. You can request a copy of your data or account deletion directly through your account settings or by contacting us. If you are a resident of the European Economic Area (EEA) or California, you have certain additional data protection rights under the GDPR and CCPA respectively.

5. Security

We take reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.

6. Contact Us

If you have questions about this policy, please contact us at support@swishe.com.