Terms of Service

These Terms of Service (the Terms) govern access to and use of Achiral AI, a product operated by Swizzle Inc. We, us, and our mean Swizzle Inc. You means the organization that holds the Achiral AI account. If you use the Service for yourself, you means you as an individual.

You accept these Terms when you create an account, check a box or click a button that refers to them, sign an order form that refers to them, or use the Service. If you accept for an organization, you confirm that you have authority to bind it.

You are a business customer if you are an organization, or if you use the Service for a business, trade, or profession. Otherwise you are a consumer. Some terms below apply only to business customers, because the law protects consumers differently.

PLEASE READ SECTION 26. IT REQUIRES MOST DISPUTES TO BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION INSTEAD OF IN COURT, AND IT WAIVES CLASS ACTIONS. YOU CAN OPT OUT WITHIN 30 DAYS AS SECTION 26 EXPLAINS.

These Terms incorporate the Usage Policy, the Data Processing Policy, the Billing & Refunds Policy, and the Service Level Agreement. Additional Terms for an add-on, such as the Memory-Native Apps Additional Terms, apply when your organization activates that add-on. The Privacy Policy explains how we handle personal information.

An order form is a document signed by both parties, or accepted online, that sets a plan, price, term, or other commercial detail. A signed data processing addendum, business associate agreement, or other written agreement between you and Swizzle Inc. counts as an order form for this purpose.

If documents conflict, they apply in this order: an order form, for the matters it covers; then the Additional Terms for the add-on concerned; then these Terms; then the policies listed above. Terms in your purchase order or other business forms do not apply, even if we accept or sign the form.

Achiral AI provides shared organizational memory, personal executive assistants, an org-wide Chiro assistant, developer Memory API access, Shelby agent-bound runtime and memory services, Memory-Native Apps, connectors, retrieval, inference workflows, support, and related software services (the Service).

The Service is built for business use. It does not replace professional judgment, regulated advice, emergency response, legal review, medical diagnosis, financial advice, or human decisions where law or prudence requires a person to decide.

We change the Service over time. We will not materially reduce the core functions of a paid plan during a term you have already paid for, except where needed to address a security risk or comply with law.

You must be at least 18 years old to use the Service. Each organization has one Owner. The Owner and any Admins can invite users and manage memory, connectors, and settings. Only the Owner can cancel the organization's subscription or ask us to erase its data. We send notices to the Owner as Section 27 explains, so keep the Owner's email address current.

You are responsible for your users, your administrators' actions, and all activity under your account. Make sure your administrators have the authority and training they need.

Keep sign-in links, API keys, agent-bound tokens, model-provider keys, and other credentials secret. Do not share an individual login. Tell us at [email protected] promptly if you learn of unauthorized access to your account.

Customer Content means prompts, messages, documents, connector data, uploads, instructions, metadata, feedback inside your workspace, Outputs, API requests and responses, memory records, memory candidates, agent runtime context, app specifications, and other information submitted to or generated through your Achiral AI organization.

You keep all rights in Customer Content. You grant us a limited, non-exclusive, worldwide license to host, copy, process, transmit, index, retrieve, secure, and display Customer Content only as needed to provide the Service to you, prevent abuse, support you, and comply with law.

We do not use Customer Content to train or fine-tune AI models, ours or anyone else's, unless your organization agrees in a separate written agreement.

You are responsible for Customer Content. You confirm that you have the rights, notices, consents, and legal bases needed to submit it and to connect each data source, and that our processing under these Terms will not violate any law or anyone's rights.

Do not use the Service to store or process protected health information under HIPAA unless you have signed a business associate agreement with us. Do not deliberately submit payment card numbers, government identification numbers, or similar regulated data unless an order form allows it.

We may collect and use data about how the Service runs, such as usage counts, performance, errors, and security events, to operate, secure, and improve the Service. We use it only in aggregated or de-identified form when it leaves your organization's context, and never to identify you or reconstruct Customer Content.

Outputs are the answers, summaries, narratives, inferences, and other results the Service generates for you. Outputs are Customer Content. As between you and us, you own Outputs, and we assign to you any rights we have in them. Other customers may receive similar Outputs, and you have no rights in theirs.

AI can be wrong. Outputs may be inaccurate, incomplete, out of date, or unsuitable for your purpose. Review Outputs before you rely on them or share them outside your organization. You decide whether an Output, automation, or recommended action is right for your use, especially in regulated or high-impact settings such as employment, credit, healthcare, legal, or public-sector work.

Bring your own model. Chiro generates answers through the model provider your organization connects, using your organization's own account with that provider. We send data to that provider on your instruction, and your agreement with the provider governs how it processes that data, including whether it keeps the data.

You pay your model provider directly. We are not responsible for your provider's charges, outages, errors, or outputs, or for how it handles data we send it on your instruction.

Memories, their embeddings, and the source data you connect are stored and indexed on infrastructure Achiral AI operates, and so are their backups. We never send them to an AI company to be stored or indexed. The only Customer Content that leaves our infrastructure for AI processing is the limited data a single answer, narrative, or extraction needs, sent to the model provider your organization connects.

Until your organization connects a provider, or if its provider fails, Chiro uses models Achiral AI hosts, subject to a fallback allowance and rate limits. When the fallback is used, processing stays on infrastructure Achiral AI operates. The Owner or an Admin can turn this fallback off. With the fallback off, requests your provider cannot serve fail instead of running on our models.

When you connect a third-party tool, you authorize us to access and process its data according to the permissions you grant and the settings you choose. You are responsible for choosing what to connect, for the permissions you grant, and for having the right to connect that data. You can disconnect a source at any time.

Third-party services are governed by their own terms. We are not responsible for them, including their outages, permission models, data practices, or changes. If a provider changes or withdraws access to its service, we may change or stop the related connector.

AI Shepherds and support staff may help with onboarding, account setup, memory quality, connector troubleshooting, retrieval quality, and inference support.

Our staff access Customer Content only as needed to provide the Service, investigate issues, keep it secure, or comply with law. A written agreement can add further access controls and approval steps.

You must follow the Usage Policy and the law. You may not use the Service to violate privacy rights, compromise systems, generate illegal content, bypass safety controls, infringe intellectual property, or make high-impact decisions about people without appropriate human review and a legal basis.

Unless the law allows it despite this restriction, you may not: (a) reverse engineer, decompile, or try to extract source code, model weights, system prompts, or other non-public parts of the Service; (b) copy, scrape, resell, sublicense, or provide the Service to anyone outside your organization, except as an order form allows; (c) use the Service to build a competing product; or (d) bypass plan limits, rate limits, or security controls.

The Memory API, Shelby, connectors, inference, storage, event ingestion, automations, and API access are subject to plan limits, rate limits, payload limits, fair-use controls, safety review, and capacity controls that protect reliability, security, and tenant isolation.

Memory-Native Apps is a paid add-on. If your organization activates it, the Memory-Native Apps Additional Terms also apply. They cover the add-on's price, renewal, and cancellation, app ownership, stewards and audiences, AI-generated narratives and inferences, and actions taken through apps.

Additional Terms control over these Terms for their add-on, but they do not expand either party's liability under Section 22.

We may offer free plans, trials, and features labeled alpha, beta, preview, or experimental. We may change or end them at any time. They are provided as is, are excluded from the Service Level Agreement and from our warranty and defense obligations in Sections 20 and 21, and may be less reliable than the rest of the Service.

Information we give you about unreleased features is our Confidential Information. Do not rely on a future feature when you decide to buy.

You pay the fees for your plan and add-ons as shown at checkout or in your order form. Plans are priced by memory-seat rate bands based on plan tier, selected team size, memory capacity, included product surfaces, and organization account limits. We do not charge self-service customers by token, except for use of models Achiral AI hosts beyond the included fallback allowance, or where a separate agreement says so.

Fees are non-cancellable and non-refundable, except as these Terms, the Billing & Refunds Policy, or an order form say, or as the law requires.

Normal developer Memory API use is included with eligible workspace plans, subject to plan limits and fair-use controls. Shelby agent-bound runtime and memory services, durable agent identities, custom infrastructure, dedicated capacity, high-volume ingestion, and negotiated service levels may require a paid plan, an add-on, Custom capacity, or a separate written agreement.

Use of models Achiral AI hosts comes with a one-time included allowance. Use beyond it is charged as shown in the product before the charge applies, and is billed on your subscription.

Subscriptions renew automatically for the same period until canceled. The Owner can cancel in the product at any time, as the Billing & Refunds Policy explains. Cancellation stops the next renewal.

Fees do not include taxes. You pay all sales, use, value-added, goods and services, withholding, and similar taxes on your purchase, except taxes on our income. If you are tax-exempt, send us your exemption certificate.

If you are a business customer: (a) overdue amounts bear interest at 1.5% per month, or the highest rate the law allows if that is lower, from the due date until paid; (b) you pay our reasonable costs of collecting overdue amounts, such as collection agency fees, with attorneys' fees governed by Section 26; and (c) you pay all amounts in full, without set-off or deduction for any amount you claim we owe you.

We may change prices. A new price applies to you only from your next renewal, and we will tell the Owner at least 30 days before it applies. Add-on price changes follow their Additional Terms.

If you dispute a charge in good faith, tell [email protected] within 60 days of the charge. We will work with you to resolve it, and you need not pay the disputed part while we do. If you do not dispute a charge within 60 days, you accept it, to the extent the law allows.

Contact us before you ask your bank or card issuer to reverse a payment. While a chargeback or payment reversal is pending, we may suspend your account. If you are a business customer, starting a chargeback without first disputing the charge with us breaches these Terms. The Billing & Refunds Policy covers credits, refunds, and failed payments.

We may suspend all or part of your access if: (a) your use breaks these Terms or the Usage Policy, or creates a security, legal, or abuse risk to the Service, us, or other customers; (b) undisputed fees are past due after we have notified the Owner; (c) a chargeback or payment reversal is pending; or (d) the law requires it.

Where we can, we will tell the Owner before we suspend access and give you a chance to fix the problem. We will limit a suspension to the users, features, or connectors involved, and lift it promptly once the problem is fixed. Suspension does not delete Customer Content. Fees keep accruing during a suspension caused by non-payment or by your breach.

These Terms apply from when you accept them until every subscription under them has ended and you stop using the Service.

You can cancel a subscription at any time, effective at the end of the period you have paid for. Canceling for convenience does not entitle you to a refund. Either party may terminate these Terms or an affected subscription by written notice if the other party materially breaches them and does not cure the breach within 30 days after notice, or within 10 days for non-payment.

We may terminate a free account with 30 days' notice, and a paid subscription for any reason with 30 days' notice. We may terminate any account immediately, by notice to the Owner, for non-payment that continues after notice, a security or legal risk we cannot otherwise contain, abuse, or serious or repeated breach of the Usage Policy, or if the law requires it.

We refund prepaid fees for the unused rest of a paid term only if: (a) you terminate because of our uncured material breach; (b) we terminate a paid subscription for any reason under the paragraph above, other than for your breach, non-payment, abuse, or a risk you caused; or (c) we end your access under Section 21 to resolve an infringement claim. Otherwise, no refund is due except as the Billing & Refunds Policy states or the law requires.

Termination does not excuse amounts due. Fees owed before termination stay due, and we may recover them.

While your account is open, the Owner or an Admin can export your organization's data, and each user can export their own data, using the export tools in the product. If you need help with an export, write to [email protected].

When a subscription ends, we do not delete your organization's data automatically. The Owner can ask us to erase it at any time, and we will do so as the Data Processing Policy describes. We may keep data where the law requires it, and we keep protecting anything we retain under these Terms.

We maintain administrative, technical, and physical safeguards designed to protect the Service and Customer Content, as described in the Data Processing Policy. We tell affected customers about security incidents as that policy explains.

No system is perfectly secure. You are responsible for your users, their permissions, your credentials, your devices, and the systems you connect.

Availability commitments, support response targets, maintenance, exclusions, and service credits are in the Service Level Agreement or your order form.

Confidential Information means non-public information that one party discloses to the other and that is marked confidential or that a reasonable person would understand to be confidential. Your Customer Content is your Confidential Information. Our non-public pricing, product plans, and security details are ours.

The receiving party will protect Confidential Information with at least reasonable care, use it only to perform under these Terms, and share it only with its employees, contractors, and advisers who need it for that purpose and are bound by duties of confidentiality at least as protective as these.

Confidential Information does not include information that is or becomes public through no fault of the receiving party, that the receiving party already knew or developed independently, or that it lawfully received from someone else without a duty of confidentiality.

If the law or a court requires a party to disclose Confidential Information, it may do so. Where the law allows, it will first tell the other party and give reasonable help if the other party seeks a protective order.

These duties last while these Terms apply and for 5 years after they end. For trade secrets, they last as long as the information remains a trade secret.

We and our licensors keep all rights in the Service, software, models, interfaces, documentation, workflows, and underlying technology. These Terms give you only the rights they state.

If you send us feedback or suggestions about the Service, we may use them without restriction or payment. Using feedback gives us no rights in your Customer Content.

If you are an organization, we may name you as a customer, including your name and logo, on our website and in sales materials. You can ask us to stop at any time by writing to [email protected], and we will stop within 30 days. We will not publish a press release, case study, or quote about you without your written consent.

Each party confirms that it has the authority to enter into these Terms.

For paid subscriptions, we warrant that the Service will perform materially as described in our documentation, and that we will not materially reduce the overall security of the Service during your paid term. If we breach this warranty, tell us within 30 days of discovering it. We will try to fix the problem. If we cannot fix it within 30 days of your notice, you may terminate the affected subscription, and we will refund the prepaid fees for the rest of its term. That is your only remedy for breach of this warranty. It does not cover Outputs, free or beta features, or problems caused by misuse, third-party services, or changes we did not make.

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE AND OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT ALLOWED BY LAW, WE AND OUR LICENSORS AND SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT IT WILL FIND EVERY RELEVANT RECORD, OR THAT OUTPUTS WILL BE ACCURATE, COMPLETE, OR FIT FOR ANY PURPOSE.

Our defense of you. We will defend you, and your affiliates, directors, officers, and employees, against any claim by a third party alleging that the Service, as we provide it, infringes or misappropriates that party's patent, copyright, trademark, or trade secret. We will pay the damages, costs, and reasonable attorneys' fees finally awarded against you for that claim, or agreed in a settlement we approve.

We have no obligation for a claim to the extent it arises from: (a) Customer Content, including data from sources you connect; (b) Outputs; (c) app specifications, prompts, or other instructions you provide; (d) changes to the Service not made by us; (e) combining the Service with products, services, data, or processes we did not provide, where the claim would not exist without the combination; (f) third-party services or model providers you connect; (g) use in breach of these Terms, or continued use after we told you to stop because of the claim; or (h) free, trial, or beta features.

If the Service is, or we believe it is likely to be, the subject of an infringement claim, we may at our option and cost: (a) get you the right to keep using it; (b) modify or replace it so it no longer infringes, without materially reducing its functions; or (c) end your access to the affected part and refund the prepaid fees for its unused term.

Our total liability under this defense obligation will not exceed the greater of US$100 or the fees you paid us in the 12 months before the claim. This Section states our entire liability, and your only remedy, for third-party claims that the Service infringes intellectual property.

Your defense of us. You will defend Swizzle Inc. and its affiliates, directors, officers, employees, and shareholders against any claim by a third party arising from: (a) Customer Content, including a claim that it infringes someone's rights or that you lacked the rights, notices, or consents needed to submit it; (b) data from sources that you or your users connect to the Service, including through Memory-Native Apps; or (c) use of the Service by you or your users in breach of the Usage Policy. You will pay the damages, costs, and reasonable attorneys' fees finally awarded against us for that claim, or agreed in a settlement you approve.

Your obligation does not apply to the extent a claim results from our breach of these Terms or from our negligence or willful misconduct. If you are a consumer, your obligation applies only to the extent the law allows.

Procedure. The party seeking defense will: (a) notify the defending party promptly in writing, though a delay reduces the defending party's obligations only to the extent the delay harms its defense; (b) give the defending party sole control of the defense and settlement; and (c) cooperate reasonably, at the defending party's expense. The protected party may join the defense with its own counsel at its own cost. The defending party may not settle a claim in a way that admits fault for the protected party or places obligations on it, other than payments the defending party makes, without the protected party's written consent, which it will not unreasonably withhold.

TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, OR THE COST OF SUBSTITUTE SERVICES, EVEN IF IT WAS TOLD THEY WERE POSSIBLE. WE ARE NOT LIABLE FOR THE CHARGES, OUTAGES, ERRORS, OR OUTPUTS OF THE MODEL PROVIDER OR OTHER THIRD-PARTY SERVICES YOU CONNECT.

TO THE FULLEST EXTENT ALLOWED BY LAW, EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID AND PAYABLE BY YOU TO US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE LIABILITY, OR US$100 IF YOU HAVE PAID NOTHING IN THAT PERIOD. ADD-ON FEES COUNT TOWARD THIS AMOUNT.

THE TWO LIMITS ABOVE DO NOT LIMIT: (A) YOUR OBLIGATION TO PAY FEES, INTEREST, AND COLLECTION COSTS; (B) YOUR DEFENSE AND PAYMENT OBLIGATIONS UNDER SECTION 21; (C) YOUR BREACH OF SECTION 9 OR THE USAGE POLICY; (D) YOUR INFRINGEMENT OR MISAPPROPRIATION OF OUR INTELLECTUAL PROPERTY; OR (E) EITHER PARTY'S LIABILITY FOR FRAUD, WILLFUL INJURY, GROSS NEGLIGENCE, VIOLATION OF LAW, OR ANYTHING ELSE THE LAW DOES NOT ALLOW TO BE LIMITED. OUR OBLIGATIONS UNDER SECTION 21 ARE LIMITED AS THAT SECTION STATES.

These limits apply to all claims together, whether in contract, tort (including negligence), or any other legal theory. They are part of the bargain between the parties, and the fees reflect them.

You will follow U.S. and other applicable export control and sanctions laws. You confirm that you are not located in, organized under the laws of, or ordinarily resident in a country or region subject to comprehensive U.S. sanctions, and that you are not on a U.S. government list of restricted parties. You will not let anyone who is use the Service, and you will not use it for a purpose those laws prohibit.

The Service is commercial computer software and commercial computer software documentation under FAR 12.212 and DFARS 227.7202. U.S. government users receive only the rights these Terms give to other users. If a law that binds a public-sector customer does not allow a provision of these Terms, that provision applies only to the extent the law allows, and we will work with you on an order form.

We may update these Terms. The date at the top of this page shows the current version.

For a material change, we will tell the Owner by email or in the product at least 30 days before the change takes effect. A change may take effect sooner if the law requires it or if it addresses a security risk or abuse. Changes do not apply to a dispute that arose before they took effect.

If you do not agree to a change, stop using the Service and cancel before the change takes effect. If you keep using the Service after the change takes effect, you accept the updated Terms.

An order form can be changed only by a written amendment that both parties sign or accept. Changes to Additional Terms follow the rules in those Additional Terms.

Talk to us first. Before starting an arbitration or court case, a party must send the other a written notice that describes the dispute and the relief it wants. Send yours to the addresses in Section 27. We will send ours to the Owner's email address. For 60 days after the notice, both parties will try in good faith to resolve the dispute, including in a call or meeting if either party asks. Time limits for bringing a claim are paused during those 60 days.

Binding arbitration. If the dispute is not resolved within 60 days, it will be resolved by final and binding arbitration administered by JAMS, except for the claims listed under Exceptions below. The Federal Arbitration Act governs this Section. JAMS's Comprehensive Arbitration Rules and Procedures apply, and JAMS's Streamlined Arbitration Rules and Procedures apply to claims under US$250,000. If you are a consumer, the JAMS Consumer Arbitration Minimum Standards also apply.

One arbitrator will decide the dispute. The arbitration will take place in San Francisco, California, unless the parties agree otherwise. If you are a consumer, you may choose a hearing by video, or in the county where you live. The arbitrator will apply California law and these Terms, may award the same individual relief a court could, and will give a written, reasoned decision. Any court with jurisdiction may enter judgment on the award.

The arbitrator decides whether a dispute must be arbitrated, including questions about the scope and enforceability of this Section. A court decides questions about the class action waiver below and about whether the mass arbitration rules apply.

Costs. If you are a consumer, you pay no more than the filing fee JAMS sets for consumers, and we pay the rest of JAMS's fees and the arbitrator's fees. If you are a business customer, JAMS rules decide who pays JAMS's fees and the arbitrator's fees. Each party pays its own attorneys' fees, except as the next paragraph or a law says.

Attorneys' fees between us and a business customer. In an arbitration or court case between us and a business customer to collect amounts owed under these Terms, or about a breach of Section 9 or the Usage Policy, the party that prevails may recover its reasonable attorneys' fees and costs. This applies to whichever party prevails.

Time to bring a claim. A business customer and we must bring any claim arising out of or relating to these Terms within one year after it arises, or it is barred. This does not apply to claims to collect amounts owed, claims under Section 21, or claims about misuse of intellectual property or Confidential Information, or where the law does not allow a shorter period.

Exceptions. Either party may bring these claims in court instead: (a) individual claims within the jurisdiction of a small claims court; (b) claims for an injunction or other equitable relief to stop actual or threatened infringement or misappropriation of intellectual property, breach of Section 17, or unauthorized access to the Service; and (c) requests for public injunctive relief under California law. For (c), the parties will first arbitrate any individual claims, and the court will pause the request for public injunctive relief until the arbitration ends.

Class action waiver. Each party may bring claims against the other only on its own behalf, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may not join or consolidate the claims of different parties or award relief to anyone other than the individual party. If a court decides that this waiver cannot be enforced for a particular claim or remedy, that claim or remedy, and only that one, will be decided in court and not in arbitration.

Mass arbitration. If 25 or more similar demands for arbitration are filed against, or on behalf of, the same party by the same or coordinated counsel, the JAMS Mass Arbitration Procedures and Guidelines apply. Time limits for bringing a claim are paused for each demand while it waits to proceed.

Opting out. You can opt out of arbitration within 30 days after you first accept these Terms. Email [email protected] with your name, your organization's name if any, the email address on your account, and a clear statement that you opt out of arbitration. An organization opts out through its Owner. If you opt out, Section 27 governs disputes. Opting out does not change any other part of these Terms.

Changes to this Section. If we make a material change to this Section, you may reject it by emailing [email protected] within 30 days after the change takes effect. If you do, the version of this Section you last accepted continues to apply to you.

Governing law. The laws of the State of California govern these Terms and any dispute arising out of or relating to them or the Service, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Courts. Any claim that is not arbitrated under Section 26 must be brought only in the state courts located in San Francisco County, California, or the United States District Court for the Northern District of California. Both parties consent to the personal jurisdiction of those courts. Either party may still seek an injunction to protect its intellectual property or Confidential Information in any court with jurisdiction.

Consumers outside the United States. If you are a consumer and you live outside the United States, Section 26 does not apply to you. You may bring a claim in the courts where you live, and you keep any protection that the law of your country does not allow a contract to remove.

Notices to us. Send legal notices by email to [email protected] and by mail or courier to Swizzle Inc., Attn: Legal, 1908 Thomes Ave STE 71455, Cheyenne, WY 82001. Notices of a dispute, breach, termination, or claim under Section 21 must be sent both ways.

Notices to you. We send notices to the email address of your organization's Owner, and we may copy Admins or your billing contact. We may post notices that apply to all customers in the product or on this website. An email notice is effective when sent. A postal notice is effective when delivered.

You agree to receive notices, agreements, and other communications from us electronically. Electronic communications satisfy any legal requirement that a communication be in writing.

Assignment. Neither party may assign these Terms without the other party's written consent, except that either party may assign them, with notice, to an affiliate or to a successor in a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets or of the business these Terms relate to. Any other attempted assignment is void.

Force majeure. Neither party is liable for a delay or failure to perform caused by events beyond its reasonable control, such as natural disasters, epidemics, war, terrorism, civil unrest, labor actions, government orders, or widespread internet, power, or cloud-infrastructure failures. This does not excuse payment obligations.

Independent contractors. The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, fiduciary, or employment relationship.

Severability. If a court or arbitrator finds part of these Terms unenforceable, that part will be enforced to the maximum extent allowed, and the rest of the Terms remain in effect. The class action waiver in Section 26 is the exception and follows the rule stated there.

Entire agreement. These Terms, with the documents listed in Section 2, are the entire agreement between the parties about the Service. They replace any earlier or contemporaneous agreements and understandings on that subject.

Waiver. Failing to enforce a provision is not a waiver. A waiver counts only if it is in writing.

No third-party beneficiaries. These Terms create no rights for anyone other than the parties, except the people protected under Section 21.

Survival. Sections that by their nature should continue after these Terms end will continue, including Sections 5, 6, 12, 15, 17, 18, and 20 through 28, and every obligation to pay amounts owed.

Interpretation. Including means including without limitation. Headings are for convenience only. These Terms are written in English. If we provide a translation, the English version controls to the extent the law allows.

Questions about these Terms may be sent to [email protected] or to Swizzle Inc., Attn: Legal, 1908 Thomes Ave STE 71455, Cheyenne, WY 82001.