Terms of Use

1. Description of Service

Swaybar is an AI-augmented operations and scheduling platform built for small businesses. The Service provides tools that may include appointment and meeting scheduling, employee shift and task management, internal knowledge management, role-based access controls, and AI-assisted operational features. We may modify, add, or remove features at any time to improve the Service.

2. Eligibility and Accounts

You must be at least 18 years old, or the age of legal majority in your jurisdiction, to create an account. The Service is not intended for children under 13, and we do not knowingly allow minors under 13 to register or use the Service.

When you create an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your login credentials confidential and secure
• Be responsible for all activity that occurs under your account
• Notify us immediately of any unauthorized access or security breach

You may not share your account, transfer it to another person, or allow others to access the Service under your credentials without our written permission.

3. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party right
• Upload, transmit, or store content that is unlawful, harassing, defamatory, fraudulent, or infringing
• Attempt to gain unauthorized access to the Service, other user accounts, or any related systems
• Interfere with, disrupt, or overload the Service or its infrastructure
• Reverse engineer, decompile, scrape, or extract source code or underlying data from the Service, except where expressly permitted by law
• Use automated tools, bots, or scripts to access the Service in ways not authorized by us
• Use the Service to send spam, unsolicited communications, or to harvest contact information
• Resell, sublicense, or commercially redistribute the Service without our written consent
• Misuse AI-assisted features to generate misleading, harmful, or deceptive content

We reserve the right to investigate suspected violations and take appropriate action, including suspending or terminating accounts.

4. User Content

"User Content" means any data, text, files, schedules, contacts, business information, or other materials you submit to or generate through the Service. You retain ownership of your User Content.

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, and otherwise use that content solely as needed to operate, maintain, secure, and improve the Service for you. This license ends when you delete the relevant content or close your account, except where retention is required by law or our backup processes.

You represent and warrant that you have all rights necessary to submit your User Content and that doing so does not violate any law or third-party right.

5. AI-Assisted Features

The Service includes AI-assisted features that may generate suggestions, summaries, recommendations, or other outputs based on your inputs and User Content. AI-generated outputs may contain errors, omissions, or inaccuracies. You are responsible for reviewing and verifying any AI output before relying on it for business, scheduling, financial, legal, or operational decisions. AI outputs do not constitute professional advice.

Plan inclusion. AI-assisted features are included on the Operate and Automate plans only. The Initiate and Collaborate plans do not include AI-assisted features. The specific features included, their monthly allowances per user, and the rules that apply to each are set out in our AI Fair Use Policy, which is incorporated into these Terms by reference.

How allowances work. Each AI feature listed in the Fair Use Policy has its own allowance, measured in its own unit. Allowances pool across your organization (per-user allowance × provisioned seats) and reset at the start of each billing cycle. Allowances are separate from each other and do not combine into a single pooled total, except where the Fair Use Policy expressly identifies a cross-feature interaction. When a feature reaches its allowance, that feature pauses until the start of the next billing cycle, while other AI features and non-AI parts of the Service continue to work normally. There are no overage fees for AI features — reaching an allowance pauses the feature, it never adds to your bill.

Changes to allowances and features. Increases to any allowance, and the addition of new AI features, can take effect at any time and will appear in the Fair Use Policy. Material reductions to a published allowance — a decrease that would meaningfully reduce the value you receive for the remainder of a billing period you have already paid for — will be communicated at least 30 days in advance through the Service or by email. If a material reduction takes effect during a period you have already paid for, we will automatically apply a prorated credit for the affected portion to your account; if you prefer a refund instead of a credit, you may contact support within 60 days of the effective date and we will issue one.

6. Subscriptions, Fees, and Payment

Some features of the Service may require a paid subscription or one-time fee. If you purchase a paid plan, you agree to pay all applicable fees and authorize us, or our payment processor, to charge your designated payment method on a recurring or one-time basis as described at checkout.

Unless otherwise stated, subscriptions automatically renew at the end of each billing cycle until canceled. You may cancel a subscription at any time through your account settings; cancellation takes effect at the end of the current billing period. Fees are non-refundable except as required by law or as expressly stated by us. We may change pricing on prospective billing cycles by providing reasonable advance notice.

7. Third-Party Services and Integrations

The Service may integrate with or link to third-party platforms, including calendar systems, email providers, hosting and analytics providers, and other tools. Your use of any third-party service is subject to that provider's own terms and privacy policies. We are not responsible for the availability, accuracy, content, security, or practices of any third-party service.

When you connect a Google account to the Service, our use and transfer of information received from Google APIs to any other app adheres to the Google API Services User Data Policy, including the Limited Use requirements. See our Privacy Policy for the full disclosure, including the specific OAuth scopes we request and how Google user data is used.

8. Intellectual Property

The Service, including its software, design, interface, text, graphics, logos, brand names ("Swaybar" and "Hourswise"), and all underlying technology, is owned by us or our licensors and is protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purpose.

All rights not expressly granted are reserved. You may not copy, modify, distribute, sell, or create derivative works of the Service, except as expressly permitted in these Terms.

9. Feedback

If you provide suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use that feedback for any purpose, without obligation to you.

10. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and share information. By using the Service, you consent to the data practices described in the Privacy Policy.

11. Suspension and Termination

You may stop using the Service and close your account at any time. We may suspend or terminate your access to the Service, with or without notice, if we reasonably believe you have violated these Terms, created risk or legal exposure for us or other users, or if we are required to do so by law.

Upon termination, your right to use the Service ends immediately. Sections of these Terms that by their nature should survive termination will continue to apply, including provisions on intellectual property, disclaimers, limitation of liability, and dispute resolution.

12. Disclaimers

The service is provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted or error-free operation. We do not warrant that AI-generated outputs, scheduling results, or third-party data will be accurate, complete, or reliable. Your use of the service is at your own risk.

13. Limitation of Liability

To the maximum extent permitted by law, in no event will Swaybar, its owners, employees, contractors, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunities, arising out of or related to your use of the service.

Our total liability for any claim arising out of or related to these terms or the service will not exceed the greater of (a) the amount you paid us for the service in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).

14. Indemnification

You agree to defend, indemnify, and hold harmless Swaybar and its owners, employees, contractors, and affiliates from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any law or third-party right.

15. Governing Law and Disputes

These Terms are governed by the laws of the State of Nebraska, United States, without regard to its conflict of laws principles. You agree that any dispute arising out of or related to these Terms or the Service will be brought exclusively in the state or federal courts located in Douglas County, Nebraska, and you consent to the personal jurisdiction of those courts.

16. Changes to These Terms

We may update these Terms from time to time. When we do, we will post the updated Terms on this page and revise the "Effective Date" above. Material changes will be communicated through the Service or by email when reasonably possible. Your continued use of the Service after changes take effect constitutes your acceptance of the updated Terms.

17. Miscellaneous

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Swaybar regarding the Service. If any provision of these Terms is held to be unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision is not a waiver of that right. You may not assign or transfer these Terms without our written consent; we may assign these Terms at our discretion.