Terms of Service
Draft — not yet legally reviewed. Written from the app's actual behaviour rather than boilerplate. Before publishing, fill in the bracketed placeholders and have a lawyer review it, paying particular attention to the payments disclaimer, the warranty and liability sections, and the governing law and dispute resolution clauses, which vary significantly by jurisdiction. This file is the single source of truth: it is bundled into the app and should also be the copy hosted at your public terms URL.
Effective date: [effective date]
Last updated: [last updated date]
These Terms of Service ("Terms") form a binding agreement between you and [Company/Developer name] ("Swivvy", "we", "us", "our") and govern your use of the Swivvy mobile application and related services (together, the "Service").
By creating an account or using the Service you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.
1. Eligibility
You must be at least 13 years old, or 16 where local law sets a higher age, to use the Service. By using it you represent that you meet this requirement and that you have the legal capacity to enter into these Terms. If you use the Service on behalf of an organisation, you represent that you are authorised to bind it.
2. Your account
You are responsible for the accuracy of the information you provide, for keeping your password confidential, and for all activity that occurs under your account. Notify us at [support email] promptly if you believe your account has been compromised.
You may not share your account, transfer it to anyone else, or create an account using another person's identity.
3. What the Service is
Swivvy helps groups of people record shared expenses, split bills, scan receipts and keep track of who owes whom. It is a record-keeping and calculation tool.
4. What the Service is not
This section is important, and you should read it in full.
- Swivvy is not a bank, payment processor, money transmitter, escrow agent, or financial
- The "Settle up" feature opens a third-party payment application with details pre-filled.
- Marking a debt as settled inside Swivvy records your assertion that a payment occurred.
- Swivvy does not provide financial, tax, accounting or legal advice. Balances, splits and
- We are not responsible for resolving disputes between users about who owes what. Debts
institution. We never hold, transfer, or take a cut of your money.
Any payment occurs entirely within that third party's service, under their terms. We are not a party to it, we do not verify that it happened, and we have no ability to reverse, refund or recover it.
It does not itself move money and is not proof of payment.
settlement suggestions are arithmetic performed on the data you enter.
recorded in Swivvy are agreements between the people involved, not with us.
5. Accuracy of your information
The Service calculates balances from what you and other members enter, including amounts read automatically from scanned receipts. Automatic receipt reading is imperfect and can misread totals, dates or line items.
You are responsible for checking that expenses, amounts, currencies and splits are correct before relying on them. We are not liable for losses arising from inaccurate, incomplete or misread data.
6. Acceptable use
You agree not to:
- use the Service for any unlawful purpose, or for fraud, money laundering, or to record
- upload content that is unlawful, defamatory, obscene, harassing, or that infringes anyone
- impersonate another person, or misrepresent your affiliation with anyone;
- attempt to access accounts, groups or data you have not been given access to;
- probe, scan, or test the vulnerability of the Service, or breach or circumvent its
- reverse engineer, decompile or disassemble the Service, except to the extent that
- use automated means to access the Service, or impose an unreasonable load on our
- resell, sublicense or commercially exploit the Service without our written permission.
transactions relating to illegal goods or services;
else's rights;
security or authentication measures;
applicable law expressly permits it;
infrastructure; or
7. Your content
You retain ownership of the content you submit, including receipt images, expense descriptions and group names.
You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, process and transmit that content solely to operate and provide the Service to you and to the other users you have chosen to share it with. This licence ends when the content is deleted, except where retention is required as described in the Privacy Policy or by law.
You represent that you have the rights necessary to submit the content you upload, and that it does not infringe anyone else's rights.
8. Groups and other users
Swivvy is collaborative. When you join a group or connect with another user:
- other members can see the group's expenses, amounts, receipt images, balances and
- other members can add expenses that include you, and can record settlements against you;
- your display name, username and profile picture are visible to them.
settlement records, including those involving you;
and
You are responsible for choosing who you share groups with. We provide blocking and account deletion tools, but we cannot retract information another user has already seen.
Where a member of a group has no Swivvy account, other members of that group may add a picture representing them. Do not upload an image you do not have the right to use, or that the person would object to.
9. Advertising
The free version of the Service is supported by advertising. You agree that we may display advertisements, and that advertisements may be selected using your device's advertising identifier as described in the Privacy Policy. We are not responsible for the content of advertisements or for anything you obtain from an advertiser.
10. Paid features
We may offer paid features or subscriptions. If we do, pricing, billing periods and renewal terms will be presented before you purchase. Purchases are processed by the app store you bought through, and their refund policies apply. We may change pricing prospectively, with notice before any change affects a renewal.
11. Third-party services
The Service relies on and links to services operated by others, including hosting, notification, analytics, advertising, exchange-rate and payment applications. We are not responsible for those services, their availability, or their terms, and your use of them is governed by their own agreements.
12. Intellectual property
The Service, including its software, design, branding and content other than user content, is owned by us or our licensors and is protected by intellectual property laws. These Terms grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Service for its intended purpose. No other rights are granted.
13. Availability and changes to the Service
We may modify, suspend or discontinue any part of the Service at any time. We will make reasonable efforts to give notice of material changes that adversely affect you, but we do not guarantee uninterrupted or error-free operation, and the Service may be unavailable during maintenance or because of factors outside our control.
14. Termination
You may stop using the Service at any time and may delete your account from within the app.
We may suspend or terminate your access if you breach these Terms, if we are required to by law, or if continuing to provide the Service to you would create a risk to us or to other users. Where practical we will give notice.
On termination, the provisions of these Terms which by their nature should survive — including sections 4, 5, 12, 15, 16, 17 and 18 — will survive.
15. Disclaimer of warranties
To the maximum extent permitted by law, the Service is 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, title, accuracy and non-infringement.
We do not warrant that the Service will be uninterrupted, secure or error-free, that defects will be corrected, or that calculations, receipt readings or exchange rates will be accurate.
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you.
16. Limitation of liability
To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunity, arising out of or relating to your use of the Service, whether based in contract, tort, negligence, strict liability or otherwise, even if we have been advised of the possibility of such damages.
Our total aggregate liability arising out of or relating to the Service will not exceed the greater of the amount you paid us in the twelve months before the event giving rise to the claim, or [nominal cap, e.g. USD 50].
We are specifically not liable for money you pay to, or fail to recover from, another person as a result of using the Service.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, or for fraud.
17. Indemnification
You agree to indemnify and hold harmless [Company/Developer name] and its officers, directors, employees and agents from any claims, liabilities, damages, losses and expenses, including reasonable legal fees, arising out of or connected with your use of the Service, your content, or your breach of these Terms.
18. Governing law and disputes
These Terms are governed by the laws of [governing jurisdiction], without regard to its conflict of law rules. You and we agree to the exclusive jurisdiction of the courts of [governing jurisdiction], except that either party may seek injunctive relief in any competent court.
If you are a consumer resident in the EEA or the UK, nothing in this section deprives you of the protection of mandatory provisions of the law of your country of residence, including your right to bring proceedings there.
19. Changes to these Terms
We may update these Terms from time to time. If we make material changes we will notify you in the app or by email before they take effect and update the "Last updated" date above. Continuing to use the Service after changes take effect constitutes acceptance. If you do not agree, stop using the Service and delete your account.
20. General
- If any provision of these Terms is held unenforceable, the rest remains in effect and the
- Our failure to enforce a provision is not a waiver of it.
- You may not assign these Terms without our consent. We may assign them in connection with
- These Terms, together with the Privacy Policy, are the entire agreement between you and
unenforceable provision will be modified to the minimum extent necessary.
a merger, acquisition or sale of assets.
us regarding the Service.
21. Contact
[Company/Developer name]
[registered address]
[support email]