Terms of Service
The terms for using SwrlSite.
Resumen en español (para tu comodidad). Estos son los puntos clave. La versión completa en inglés, más abajo, es el acuerdo legal vinculante. Si algo no queda claro, escríbenos a contact@swrlsite.com antes de aceptar.
- Entrada gratis: el Growth Scorecard, una propuesta personalizada y una llamada son gratuitos y sin compromiso.
- Pagos: solo pagas después de aprobar una propuesta. Los proyectos estándar se pagan completos al aceptar; los más grandes usan 50% de depósito y 50% antes del lanzamiento.
- Facturación: los cargos los realiza Swrl LLC, la empresa detrás de SwrlSite, por lo que pueden aparecer en tu estado de cuenta con el nombre de la empresa en lugar de «SwrlSite». Si no reconoces un cargo, escríbenos a contact@swrlsite.com antes de disputarlo y lo resolvemos rápido.
- Reembolsos (Garantía de Finalización del Proyecto): si no entregamos el alcance acordado por causa nuestra, puedes pedir un reembolso de lo pagado, menos el trabajo ya realizado y los costos de terceros ya comprometidos; el reembolso nunca supera lo que pagaste. Las comisiones de pago y los costos de dominio o de terceros no son reembolsables.
- Garantía de 30 días: durante 30 días tras el lanzamiento corregimos sin costo los defectos cubiertos que impidan que el sistema acordado funcione.
- Planes mensuales de soporte: se renuevan automáticamente hasta que canceles. Puedes cancelar en cualquier momento, del mismo modo en que te suscribiste, por el portal de Stripe o por correo, y te avisaremos por correo antes de cualquier aumento de precio.
- Comunicaciones: podemos contactarte por correo, llamada o WhatsApp sobre tu solicitud; responde STOP para dejar de recibir mensajes de texto. No enviamos textos de marketing sin tu consentimiento expreso.
- Disputas, arbitraje y renuncia a demandas colectivas: los reclamos se resuelven mediante arbitraje individual y vinculante, y renuncias a participar en demandas colectivas, con excepciones para reclamos de cuantía menor (small claims) y de propiedad intelectual. Puedes rechazar el arbitraje dentro de los 30 días de aceptar estos Términos escribiéndonos. Rige la ley del estado de Tennessee, EE. UU.
- Privacidad: no vendemos tu información personal y puedes pedir acceder a ella o eliminarla cuando quieras.
- El Scorecard es informativo: no es una garantía, una tasación ni una cotización final.
The short version. SwrlSite gives you a free, automated Growth Scorecard (and an optional free starter-website preview) plus optional paid work. The scorecard is helpful guidance, not a guarantee or a binding quote. Only submit websites you are allowed to analyze, keep sensitive data out of our forms, and any paid project is governed by a separate written agreement. Optional monthly support plans renew automatically until you cancel, and you always own your site. The service is provided "as is," and our liability is limited as described below.
1. Acceptance of these terms
These Terms of Service ("Terms") are a binding agreement between you and Swrl LLC, which operates the SwrlSite brand ("SwrlSite," "we," "us," or "our"). By accessing the SwrlSite website, requesting the free scorecard, requesting a call, or otherwise using the service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the service. If you use the service on behalf of a business, you represent that you are authorized to bind that business.
2. The services we provide
SwrlSite offers the free, automated Growth Scorecard and optional paid implementation services, which may include websites and conversion improvements, AI and messaging automations, lead-capture and follow-up systems, and custom business web applications. We may add, change, or discontinue features at any time.
3. The free scorecard
The scorecard reviews your public website and business context using automated software and third-party AI, and produces ratings, observations, competitor context, recommendations, and an estimated market range. The scorecard is provided for informational and strategic purposes only. It is not professional, legal, financial, or investment advice; it is not an appraisal; and the estimated market range is not a quote or an offer. Automated and AI-generated output may contain errors or omissions and should be independently reviewed before you act on it.
Public scorecard requests are limited to one per email address. We may decline, delay, queue for manual review, or refuse to complete a scorecard, for example, when a site cannot be analyzed, returns little content, or appears to violate these Terms.
4. Eligibility and your representations
You must be at least 18 years old and able to form a binding contract. When you submit a website or other materials, you represent and warrant that:
- You own the submitted website or are authorized to request its analysis;
- You have the rights to any logos, images, text, or other content you provide;
- The information you submit is accurate and is not someone else's confidential or sensitive data; and
- Your use of the service complies with all applicable laws.
5. Acceptable use
You agree not to:
- Submit a website you do not own or are not authorized to have analyzed;
- Submit passwords, payment card data, government identifiers, medical or legal records, or other sensitive or private third-party information;
- Use the service to violate any law or infringe anyone's rights;
- Interfere with, overload, probe, or attempt to gain unauthorized access to the service or its infrastructure;
- Scrape, resell, or commercially redistribute the scorecard output or the service without our written permission; or
- Submit malware, spam, or abusive, deceptive, or automated bulk requests; or
- Abuse, overload, or attempt to manipulate, jailbreak, or extract the system instructions of our chat assistant, or use it for any purpose other than asking about SwrlSite.
6. Proposals, scope, and payment
Any paid work begins only after we discuss and confirm scope with you. A founder-reviewed proposal describes the agreed scope, deliverables, and pricing and is valid for the period stated on the private proposal. Where we reference founder pricing as lower than the report's comparable market minimum, that comparison applies only to a proposal covering the same confirmed scope; changes to scope change the price.
Paid implementation proposals include written acceptance criteria and the applicable 30-Day Working-System Guarantee. For 30 days after written launch acceptance, we will correct covered defects that cause the agreed workflow to fail those acceptance criteria without additional implementation fees. The guarantee does not cover changed scope, client modifications, unavailable access, incorrect client-supplied data, third-party outages, or business outcomes. AI features may produce inaccurate or incomplete output and may require human review.
Payments may be collected through Stripe-hosted checkout pages or Stripe invoices. We do not receive or store your full payment-card details. Charges are billed securely by Swrl LLC, the company behind SwrlSite, so a charge may appear on your bank or card statement under our company's billing name rather than "SwrlSite." If you do not recognize a charge, please email contact@swrlsite.com before disputing it and we will resolve it quickly. Unless a written proposal states otherwise, standard builds are paid in full at proposal acceptance and the build begins right away; larger custom projects may instead use a 50% deposit with the remaining 50% before launch or handoff. Each proposal also includes a Build Completion Assurance describing the fault-based refund if we fail to deliver the specified scope, alongside the 30-Day Working-System Guarantee. The exact schedule and assurances in your proposal control.
Requesting a consultation and a custom proposal is free and carries no obligation. There is no charge or commitment to receive a founder-reviewed proposal, the research behind it, or a strategy call where Hansell walks through the proposed direction. Payment is due only after you have approved the proposal, and refunds for paid work are governed by the Build Completion Assurance in that proposal, summarized below.
Build Completion Assurance. We build to the scope and acceptance criteria written in your proposal. If we materially fail to deliver that scope and meet those criteria due to our own fault, you may request a refund of amounts you have paid, less the value of the work already performed and any third-party costs already committed for your project; a refund will never exceed the amount you have paid. We determine the portion of work completed in good faith, subject to the informal dispute-resolution step in these Terms. Your site goes live and final files transfer once any remaining balance is paid. This assurance does not cover changes to the agreed scope; delays from missing client content, feedback, or access; incorrect client-supplied data; or third-party outages. Payment-processing fees and any domain or third-party service costs are non-refundable. To make a claim, notify us in writing referencing your proposal within 30 days of launch acceptance. Recurring software costs, ownership, hosting, support, and handoff are set out in your proposal or a separate written agreement, and the exact terms in your proposal control if they conflict with these Terms for that engagement.
Monthly support subscriptions
SwrlSite offers optional monthly support plans (Launch, Managed, and Growth) billed through Stripe-hosted subscription checkout. The displayed founder rate is an introductory price for early clients and may increase as SwrlSite grows.
Your consent to automatic renewal. Before you enter payment details, the checkout clearly shows the plan price, the billing frequency (monthly or annual), and that the plan renews automatically until you cancel, and it requires you to affirmatively accept these Terms, which include these automatic-renewal terms, before any charge is made. By completing checkout you authorize a recurring charge to your payment method at the start of each billing period until you cancel.
Auto-renewal, notices, and cancellation. Your plan renews automatically at the start of each billing period. You can cancel at any time, the same easy way you signed up, through the Stripe customer portal or by emailing contact@swrlsite.com; cancellation stops future renewals and takes effect at the end of the current billing period. If we increase the price of your plan, we will notify you in advance by email and the new price will apply only to billing periods after that notice, so you can cancel before it takes effect; for annual plans we also send a renewal reminder before each renewal. Fees already charged for the current period are non-refundable except where required by law, and you keep access through the end of that period. If you change plans mid-period, billing is prorated through Stripe: an upgrade is prorated and charged for the remainder of the period, while a downgrade or cancellation credits the unused time toward future invoices rather than issuing an automatic cash refund.
What's included. Each plan includes a stated monthly hours cap and the inclusions listed on the pricing page. Unused hours do not roll over. Work beyond the cap, or bigger or out-of-scope changes, is quoted and agreed separately before it begins. A support plan is an ongoing service engagement; it is not a guarantee of any specific outcome, ranking, lead volume, traffic, or response time. We do not offer a guaranteed response time or a service-level agreement (SLA); we aim to respond within a few business days and will tell you if a request will take longer.
You own your site. A support plan does not change your ownership. You continue to own your website, domain, content, and accounts; nothing is withheld behind a login or held back if you cancel. If you cancel, we will provide a copy of your site files and the access credentials we hold for you, on request, within 30 days, except for any third-party components or licensed assets, which remain subject to their own providers' terms.
Failed payments. If a charge fails, Stripe automatically retries it over a period of up to about two weeks. During that time your plan is past due but stays active. If payment is still not received after the retry period, we may pause or cancel the plan; you can restore it by updating your payment method.
7. Intellectual property
The SwrlSite website, brand, scorecard format, software, and content are owned by Swrl LLC or its licensors and are protected by law. We grant you a limited, personal, non-exclusive, non-transferable right to use your scorecard for your own internal business purposes. You own the deliverables we build for you in a paid engagement (such as your website or a custom tool): ownership transfers to you upon full payment, and your written proposal or agreement contains the binding assignment and any specifics (for example, third-party or licensed components and any portfolio license we retain). Until full payment, those deliverables remain our property. You retain ownership of the materials you submit and grant us a limited license to use them to provide and improve the service.
8. Third-party services and AI
The service relies on third-party providers, including cloud hosting, an email provider, and an AI provider. Your use may also be subject to those providers' terms. We are not responsible for third-party services, and AI features have inherent limitations: they can be inaccurate, incomplete, or unavailable, and they do not replace professional judgment.
This includes our website chat assistant. Its responses are AI-generated, may be inaccurate or incomplete, and are informational only. They are not a quote, an offer, a contract, or professional advice, and nothing it says modifies these Terms or the 30-Day Working-System Guarantee, which govern. Do not enter sensitive personal information into the chat.
9. Disclaimers
THE SERVICE AND THE SCORECARD ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. We do not warrant that the service will be uninterrupted, error-free, or secure. We do not guarantee any business result, including revenue, search ranking, lead volume, traffic, conversions, or customer growth. Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Swrl LLC AND ITS OWNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE OR THE SCORECARD. For the free service, our total aggregate liability will not exceed one hundred U.S. dollars (US$100). For paid work, our total aggregate liability is limited to the amount you paid us for the specific engagement giving rise to the claim. These limits apply regardless of the theory of liability and even if a remedy fails of its essential purpose.
11. Indemnification
You agree to indemnify and hold harmless Swrl LLC and its owners from claims, damages, liabilities, and reasonable expenses (including attorneys' fees) arising from your misuse of the service, your violation of these Terms, your submission of websites or materials you were not authorized to submit, or your infringement of any third party's rights.
12. Communications and consent
When you submit a request, you agree we may send transactional messages needed to verify your email and deliver the private review. If you give us a phone or WhatsApp number, you agree we may contact you there, by phone call, text message, or WhatsApp, about your request, scorecard, or project; message and data rates may apply, you can reply STOP to opt out of texts at any time, and we do not send automated or marketing text messages without your separate, express opt-in. Marketing email is sent only through a separate opt-in, and you can unsubscribe at any time.
SwrlSite conversational text messaging program. Our business phone line is answered by an AI receptionist and also accepts text messages. You opt in to receive texts from us in one of two ways: by texting our number first, or by verbally asking or agreeing on a call to receive something by text (for example, a link to book a free call). We then reply by SMS from the same number with what you asked for, such as conversational replies, a booking link, or a follow-up about your request. Message frequency varies by conversation. Message and data rates may apply. Reply HELP for help and STOP to cancel at any time; after STOP you will receive one final confirmation message and nothing further. Carriers are not liable for delayed or undelivered messages. For support, email contact@swrlsite.com. Our Privacy Policy describes how we handle your number; we do not share mobile numbers or texting consent with third parties for marketing.
13. Privacy
Our handling of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.
14. Suspension and termination
We may suspend or terminate access to the service at any time, with or without notice, if we believe you have violated these Terms or to protect the service or others. You may stop using the service at any time and may ask us to delete your information as described in the Privacy Policy. Sections that by their nature should survive termination, including intellectual property, disclaimers, limitation of liability, indemnification, and governing law, will survive.
15. Changes to these terms
We may update these Terms from time to time. We will revise the "Last updated" date above, and material changes take effect when posted. Your continued use of the service after an update means you accept the revised Terms.
16. Dispute resolution, arbitration, and governing law
Informal resolution first. Before starting a formal proceeding, you and Swrl LLC agree to try to resolve any dispute informally for at least 30 days after one party notifies the other in writing (notify us at contact@swrlsite.com). Most concerns are resolved this way.
Binding individual arbitration. If a dispute is not resolved informally, you and Swrl LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the service will be resolved by final and binding individual arbitration, administered by a recognized arbitration provider (such as the American Arbitration Association) under its consumer arbitration rules then in effect, rather than in court, except as stated in "Exceptions" below. The Federal Arbitration Act governs the interpretation and enforcement of this section. The arbitrator has exclusive authority to resolve all issues, except that a court (not an arbitrator) decides the enforceability of the class-action waiver below. The arbitration may proceed by written submissions, by phone or video, or in the county where you live, and the arbitrator may award the same individual remedies a court could.
Exceptions. Either party may (1) bring an individual claim in small-claims court if it qualifies, and (2) seek injunctive or other equitable relief in any court of competent jurisdiction to protect or stop the infringement or misuse of intellectual property or confidential information. Nothing in these Terms prevents either party from reporting concerns to, or seeking relief from, a government agency.
Class-action waiver. You and Swrl LLC agree to bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, private-attorney-general, or representative proceeding. The arbitrator may not consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. If this class-action waiver is found unenforceable as to a particular claim or request for relief, that claim or request is severed and resolved in court, while all others remain in arbitration.
Your right to opt out. You may opt out of this arbitration agreement and class-action waiver within 30 days of first accepting these Terms by emailing contact@swrlsite.com with your name and a clear statement that you opt out of arbitration. Opting out affects only this dispute-resolution section; the rest of these Terms still applies.
Governing law and venue. These Terms are governed by the laws of the State of Tennessee, United States, without regard to its conflict-of-laws rules. For any matter not subject to arbitration, the state and federal courts located in Tennessee have exclusive jurisdiction, and you consent to that venue and to personal jurisdiction there.
17. General
These Terms, the Privacy Policy, and any proposal or written agreement for paid work are the entire agreement between you and us regarding the service. If any provision is found unenforceable, the rest remains 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.
18. Contact
Questions about these Terms? Email contact@swrlsite.com.
Swrl LLC · 6339 Charlotte Pike, Unit #C341, Nashville, TN 37209
These Terms are written in plain language for transparency and are not legal advice. Please have them reviewed by a licensed attorney before relying on them.