Terms and Conditions
Last Updated: April 1, 2025
1. Introduction
These Terms and Conditions (“Terms”) form a legally binding agreement between you (“you” or “User”) and Swyvo LLC (“Swyvo,” “we,” “us,” or “our”) governing your access to and use of
and any related tools, services, or content (collectively, the “Service”). By using the Service, you agree to be bound by these Terms. If you do not agree, you must discontinue use immediately. We may update these Terms at any time by posting a revised version. Continued use after updates constitutes acceptance.
2. Definitions
User:
Any person or entity accessing the Service
Account:
Registered profile enabling access to features
Processor:
Third-party financial service partners
Merchant:
A business or individual using Swyvo to accept payments
Transaction:
Any payment processed through Swyvo
Confidential Information:
Proprietary or sensitive data exchanged between parties
Service Fees:
Charges for using Swyvo’s platform and features
PCI Compliance:
Industry standards for payment security
3. Eligibility
You must be at least 18 years old and legally authorized to act on behalf of your business. By registering, you confirm you meet these eligibility requirements.
4. Description of Services
Swyvo provides payment processing services, including:
Merchant account onboardingCredit/debit card payment acceptanceACH, NFC, and mobile wallet supportEquipment and POS system integrationTransaction analytics and reportingCustomer invoicing and virtual terminalsCash discount and surcharge program options
5. Account Management
You must provide accurate business and contact information and keep it current. You are solely responsible for all activity under your account, including securing login credentials.
6. Platform Use & User Responsibility
Swyvo provides access to payment services and processors. You are solely responsible for:
Compliance with applicable laws and card brand rulesAccurate disclosure of pricing and fees to your customersObtaining all necessary consents from customersResolving chargebacks and customer disputesIndemnifying Swyvo against claims related to your use of the platform
We do not provide legal, tax, or compliance advice and recommend consulting a qualified professional.
7. Prohibited Use
You may not use the Service to:
Engage in illegal, deceptive, or fraudulent activitiesLaunder money or process prohibited transactionsCircumvent network security or PCI standardsMisrepresent goods/services or abuse surcharge programs
Violation may lead to account suspension, reporting to regulatory agencies, or legal action.
8. Fees and Billing
You agree to pay all applicable service and transaction fees as outlined in your agreement or pricing schedule. Swyvo may update pricing with notice. All charges are billed monthly unless otherwise stated. Non-payment may result in suspension or termination of services.
9. Refunds
Swyvo does not guarantee refunds. Any refund requests will be reviewed on a case-by-case basis at our sole discretion.
10. Term & Termination
These Terms remain in effect until terminated. You may cancel at any time by contacting support. Swyvo may suspend or terminate access for violation of these Terms, non-payment, or misuse of the platform.
11. Privacy & Data Use
Please refer to our
Privacy Policy
for details on how we collect, use, and protect your data. Swyvo complies with applicable data privacy and security regulations, including PCI DSS standards.
12. Intellectual Property
All rights in the Swyvo brand, software, and services belong to Swyvo LLC. You retain ownership of your business data but grant us a limited license to use aggregated, anonymized data to improve the Service.
13. Service Availability
We strive for consistent uptime but do not guarantee uninterrupted access. Maintenance, outages, or third-party issues may affect service delivery. Swyvo is not liable for service interruptions.
14. Third-Party Services
Swyvo integrates with third-party processors and services. Your use of those services is subject to their terms. Swyvo is not responsible for the performance or conduct of third-party providers.
15. Indemnification
You agree to defend, indemnify, and hold harmless Swyvo, its affiliates, and partners from any claims, damages, or losses arising from your use of the Service, including regulatory violations, data breaches, or disputes with customers.
16. Limitation of Liability
To the extent permitted by law, Swyvo is not liable for:
Lost profits, data, or revenueBusiness interruption or reputational harmFines or penalties from card networks or regulatorsIndirect or consequential damages
17. Disclaimers
The Service is provided “as is” without warranties of any kind. We disclaim all warranties, including merchantability and fitness for a particular purpose. We do not guarantee approval, transaction volume, or uninterrupted service.
18. Regulatory Compliance
You are solely responsible for ensuring compliance with applicable payment, banking, data privacy, and tax regulations. This includes but is not limited to PCI DSS, IRS reporting, and local laws related to surcharging or discounting.
19. Reseller & Referral Program
If you participate in Swyvo’s referral or reseller program, you agree to:
Follow branding and marketing guidelinesProvide truthful representations of Swyvo servicesAccept responsibility for leads or sub-merchants you refer
We reserve the right to modify or terminate these programs at any time.
20. Modifications to Terms
We may update these Terms at any time. Material changes will be announced in advance. Continued use after changes constitutes acceptance.
21. Dispute Resolution
All disputes will be resolved through binding arbitration in the State of New Jersey, under the rules of the American Arbitration Association. Emergency or interim relief may be sought through courts.
22. General Terms
Notices: Must be sent via email or registered mailForce Majeure: We are not liable for delays due to events beyond our controlEntire Agreement: These Terms form the full agreement between you and SwyvoSeverability: If any section is found unenforceable, the rest remains validAssignment: You may not assign your rights without our written consent
23. Contact Information
Swyvo LLC
Email:
Website: