Terms of Service

Last updated: February 28, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Swipe Savvy, LLC ("Swipe Savvy," "we," "us," or "our"), a limited liability company organized under the laws of the State of North Carolina.

By creating an account, downloading any of our applications, accessing our website, or otherwise using any Swipe Savvy product or service, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional terms and policies referenced herein.

If you are using our Services on behalf of a business, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and the terms "you" and "your" shall refer to such entity. If you do not have such authority, or if you do not agree with these Terms, you must not access or use our Services.

2. Description of Services

Swipe Savvy operates a suite of integrated products and services (collectively, the "Services") including:

2.1 Shop Savvy POS Platform

A cloud-based, multi-application point-of-sale ecosystem designed for restaurants, retail stores, and other merchant businesses. The POS Platform includes:

  • Shop Savvy POS: The primary point-of-sale register application for iOS and Android, supporting order entry, payment processing, receipt printing, and transaction management
  • Savvy KDS (Kitchen Display System): A real-time kitchen order display for food preparation management
  • Savvy Customer Display: A customer-facing display showing order details and totals during checkout
  • Savvy Order App: A customer-facing mobile ordering application for dine-in, takeout, and delivery orders
  • Savvy Kiosk: A self-service ordering kiosk application for customer self-ordering
  • Savvy Self-Checkout: A self-checkout application for retail environments
  • Savvy Delivery Driver: A driver-facing application for managing delivery routes and order fulfillment
  • Web Portal (app.shopsavvypos.com): An administrative dashboard for managing all aspects of business operations including catalog, inventory, employees, reports, and settings

2.2 Swipe Savvy Rewards App

A consumer-facing mobile financial management and rewards wallet application (iOS and Android) that provides the following capabilities:

  • Digital Wallet: Manage wallet balance, view transaction history, and track spending across linked accounts
  • Card Issuance: Issue and manage virtual and physical debit/prepaid cards (powered by FIS/Marqeta), including card activation, PIN management, card controls (spending limits, channel restrictions), and card lock/unlock
  • Bank Account Linking: Securely link checking and savings accounts via Plaid for funding, withdrawals, and balance viewing
  • Money Transfers: Send and request money to/from other users, with transfer history and recipient management
  • Loyalty Rewards: Earn and redeem loyalty points and stamps at participating merchants, donate rewards to charities, and compete on the rewards leaderboard
  • Merchant Discovery: Browse and discover participating merchants, view deals and promotions, save favorite merchants, and filter by category (restaurants, retail, grocery, gas, entertainment, travel) with location-based sorting
  • Budgets & Spending Analytics: Create budgets by category, track spending patterns, monitor savings goals, and view categorized spending breakdowns
  • AI Concierge: AI-powered support chat (via Together.AI) with voice command input, automated customer verification, support ticket creation and tracking, and rewards donation assistance
  • Security Features: Biometric authentication (Face ID, fingerprint), transaction PIN, two-factor authentication (SMS OTP and TOTP authenticator apps), trusted device management, and configurable transaction limits

2.3 Payment Processing Services

Integrated payment processing capabilities enabling merchants to accept various payment methods including credit/debit cards (EMV chip, contactless/NFC, magnetic stripe, manual entry), Tap to Pay on iPhone, Apple Pay, Google Pay, Samsung Pay, and cash. Payment processing is facilitated through third-party payment gateways and is subject to additional terms from those providers.

2.4 Ancillary Services

Additional features including but not limited to: inventory management, employee scheduling and time tracking, payroll reporting, customer relationship management (CRM), AI-powered menu generation and sales analytics, waitlist management, table management, multi-location management, and subscription billing.

3. Eligibility

  • You must be at least eighteen (18) years of age to create a merchant account, use the POS Platform, or access financial services features of the Rewards App (card issuance, money transfers, bank account linking)
  • You must have the legal capacity to enter into a binding contract in your jurisdiction
  • Merchant accounts must represent a legitimate, lawfully operating business
  • To use card issuance and financial services features, you must successfully complete identity verification (KYC) as required by our banking partners and applicable federal law
  • You must not have been previously suspended or removed from our Services
  • Your use of payment processing services must comply with the acceptable use policies of our payment processing partners and applicable card network rules
  • You must be a United States resident to access card issuance, bank account linking, and money transfer features

4. Account Registration & Security

4.1 Registration

To access certain features of our Services, you must register for an account and provide accurate, current, and complete information as prompted by our registration forms. You agree to promptly update your account information if it changes. For financial services features, you must complete identity verification (KYC) by providing valid government-issued identification and other information as required by our banking partners.

4.2 Account Security

  • You are solely responsible for maintaining the confidentiality of your account credentials, including passwords, PINs, API keys, and device access
  • You are responsible for the security of any biometric authentication methods (Face ID, fingerprint) enrolled on your device
  • You must immediately notify us of any unauthorized use of your account or any security breach at security@swipesavvy.com
  • You are responsible for all activities that occur under your account, whether or not authorized by you, including financial transactions, money transfers, and card usage
  • We strongly recommend enabling two-factor authentication (2FA) for enhanced account security
  • We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised, or to freeze financial features pending investigation of suspicious activity

4.3 Role-Based Access (POS Platform)

The POS Platform supports multiple user roles (Global Admin, Admin, Owner, Manager, Cashier, Driver) with different permission levels. Account administrators are responsible for assigning appropriate roles and permissions to their employees. We are not responsible for actions taken by users who have been granted access by an account administrator.

4.4 Trusted Devices

The Rewards App allows you to manage trusted devices associated with your account. You are responsible for reviewing and removing devices you no longer use or recognize. If you suspect an unauthorized device has been added to your account, you must immediately remove it and contact our support team.

5. Subscription Plans, Fees, & Billing

5.1 Subscription Plans (POS Platform)

Access to the POS Platform is provided through subscription plans as described on our website and in your service agreement. Subscription plans may vary in features, number of devices, locations, and usage limits. We offer monthly and annual billing cycles.

5.2 Rewards App

The Swipe Savvy Rewards App is available for free download. Certain premium features or services within the Rewards App may be subject to fees, which will be clearly disclosed before you incur any charges. Card issuance, bank account linking, and basic money transfer features are provided at no additional cost, subject to any fees charged by our banking partners or card networks.

5.3 Fees & Payment

  • Subscription fees are billed in advance on a recurring monthly or annual basis, starting on the date you subscribe
  • All fees are stated in United States Dollars (USD) unless otherwise specified
  • You authorize us to charge your designated payment method for all applicable fees
  • If payment fails, we will attempt to process the charge for a reasonable period; continued failure may result in suspension of your account
  • You are responsible for any applicable taxes, duties, or governmental charges associated with your use of the Services

5.4 Add-On Services

Certain features and services may be available as paid add-ons to your base subscription plan. Add-on fees are billed alongside your subscription and are subject to the same billing terms. Add-ons may be activated or deactivated through your account settings or by contacting our support team.

5.5 Price Changes

We reserve the right to modify our pricing at any time. For existing subscribers, we will provide at least thirty (30) days' advance written notice of any price increase. Your continued use of the Services after the price change takes effect constitutes your acceptance of the new pricing. If you do not agree to the new pricing, you may cancel your subscription before the price change takes effect.

5.6 Refunds

All fees are non-refundable except as expressly stated in your individual service agreement or as required by applicable law. Annual subscriptions may be eligible for a pro-rata refund if cancelled within the first thirty (30) days at our sole discretion.

6. Financial Services Terms (Rewards App)

6.1 Card Issuance

Virtual and physical debit/prepaid cards available through the Rewards App are issued by our banking partner(s) (FIS Global / Marqeta) pursuant to a license from applicable card networks (Visa, Mastercard). By requesting a card, you agree to:

  • Complete identity verification (KYC) and provide truthful, accurate information
  • Accept the cardholder agreement provided by the issuing bank
  • Use the card only for lawful purposes and in compliance with card network rules
  • Maintain sufficient funds in your wallet or linked account to cover transactions
  • Promptly report lost, stolen, or compromised cards through the app or by contacting support
  • Comply with any transaction limits, daily spending limits, or other restrictions imposed by the issuing bank or card network

Swipe Savvy is not a bank. Banking services, including card issuance and funds holding, are provided by our partner financial institution(s). FDIC insurance, if applicable, is provided by the issuing bank, not by Swipe Savvy.

6.2 Bank Account Linking

You may link external bank accounts (checking, savings, credit) to the Rewards App using Plaid, Inc. By linking a bank account, you:

  • Authorize Plaid to access your bank account information on your behalf, subject to Plaid's own terms and privacy policy
  • Authorize us to initiate ACH transfers to and from your linked bank account for funding and withdrawal purposes
  • Represent that you are the authorized owner or signatory of the linked bank account
  • Acknowledge that bank transfers may take one to three (1-3) business days to process
  • Agree to maintain sufficient funds in your linked account to cover any initiated transfers; insufficient funds may result in failed transfers and potential fees from your bank

6.3 Money Transfers

The Rewards App allows you to send and request money from other Swipe Savvy users. By using the money transfer feature:

  • You authorize us to debit your wallet balance or linked funding source for the transfer amount
  • Transfers to other users are generally processed in real-time within the Swipe Savvy ecosystem
  • You are solely responsible for verifying the identity of the recipient before initiating a transfer; once confirmed, transfers cannot be reversed
  • Transfer limits may apply as determined by regulatory requirements, our banking partners, or your account verification level
  • We may require additional authentication (2FA, PIN) for transfers exceeding certain thresholds (e.g., $500)
  • You must not use money transfers for any illegal purpose, money laundering, or to circumvent financial regulations

6.4 Card Controls & Transaction Limits

You may configure card controls through the Rewards App, including spending limits, channel restrictions (POS, ATM, ecommerce, contactless, mobile), and card lock/unlock. These controls are enforced by the card network and issuing bank. We are not liable for transactions that occur before a control change takes effect or for transactions that bypass controls due to card network processing delays.

6.5 Regulatory Compliance

  • Financial services features are subject to federal and state banking regulations, including the Electronic Fund Transfer Act (EFTA/Regulation E), Bank Secrecy Act (BSA), and applicable anti-money laundering (AML) requirements
  • We may be required to report certain transactions to financial regulators (FinCEN) as required by law
  • We reserve the right to freeze, suspend, or close your financial account if we detect suspicious activity, potential fraud, or regulatory violations
  • You will receive separate regulatory disclosures (e.g., Regulation E rights, fee schedules) when you enroll in applicable financial services

7. Payment Processing Terms (POS Platform)

7.1 Third-Party Payment Processors

Payment processing services for the POS Platform are provided by third-party payment processors including NMI (Network Merchants, Inc.), Authorize.Net, Dejavoo, and PAX Technology. By using our payment processing features, you also agree to the terms and conditions of the applicable payment processor. We are not a payment processor and act as a technology facilitator between you and these third-party providers.

7.2 Merchant Obligations

  • You must maintain a valid merchant account with the applicable payment processor
  • You are responsible for all chargebacks, disputes, refunds, and associated fees
  • You must comply with Payment Card Industry Data Security Standards (PCI DSS) and all applicable card network rules
  • You must not process transactions that are fraudulent, illegal, or in violation of card network rules
  • You are responsible for securing physical payment devices, terminals, and any devices running the Tap to Pay on iPhone feature

7.3 Tap to Pay on iPhone

If you enable Tap to Pay on iPhone through our POS application, you agree to the following additional terms:

  • You must accept Apple's Terms and Conditions for Tap to Pay on iPhone as presented during setup
  • Tap to Pay on iPhone requires iOS 16.4 or later on a compatible iPhone model
  • You are responsible for the physical security of the device used for contactless payment acceptance
  • Only authorized employees with appropriate permissions should use the Tap to Pay feature
  • You must comply with Apple's guidelines and requirements for Tap to Pay on iPhone merchants

7.4 Processing Fees

Payment processing fees (per-transaction fees, monthly gateway fees, etc.) are determined by your agreement with the applicable payment processor and are separate from Swipe Savvy subscription fees. We do not control and are not responsible for the fees charged by third-party payment processors.

8. AI-Powered Features

8.1 AI Concierge (Rewards App)

The Rewards App includes an AI-powered support concierge that provides automated customer assistance, answers questions, and helps with account management. By using the AI Concierge:

  • You acknowledge that responses are generated by artificial intelligence (powered by Together.AI) and may not always be accurate or complete
  • You should not rely on AI Concierge responses for financial, legal, or medical advice
  • Conversations may be reviewed for quality assurance and to improve the service
  • You agree not to submit sensitive financial data (full card numbers, PINs, passwords) in chat messages
  • The AI Concierge may require identity verification before performing account-sensitive operations

8.2 AI Features (POS Platform)

The POS Platform includes AI-powered features such as menu description generation, sales analytics, and marketing content suggestions (powered by OpenAI and Anthropic). AI-generated content is provided as suggestions only — you are solely responsible for reviewing, approving, and publishing any AI-generated content in your business operations.

8.3 Voice Commands

Certain features support voice input (microphone access required). Voice audio is processed in real-time for transcription and is not stored as raw audio files. By enabling voice features, you consent to microphone access as described in our Privacy Policy.

9. Acceptable Use Policy

You agree not to use our Services to:

  • Violate any applicable local, state, national, or international law or regulation
  • Process fraudulent, unauthorized, or illegal transactions or money transfers
  • Engage in money laundering, terrorist financing, or other financial crimes
  • Use issued cards or money transfer features for illegal goods, controlled substances, gambling (where prohibited), or prohibited services as defined by applicable card network rules
  • Structure transactions to avoid regulatory reporting thresholds
  • Infringe upon the intellectual property rights, privacy rights, or other rights of any third party
  • Upload, transmit, or distribute any malicious code, viruses, or destructive content
  • Attempt to gain unauthorized access to our systems, servers, or any other user's account
  • Interfere with or disrupt the integrity, performance, or availability of our Services
  • Use any automated means (bots, scrapers, crawlers) to access our Services without our express written permission
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of our software
  • Resell, sublicense, or redistribute our Services without our express written authorization
  • Harvest, collect, or store personal information of other users without their explicit consent
  • Misrepresent your identity or affiliation with any person or entity
  • Create multiple accounts to circumvent restrictions, bans, or transfer limits
  • Manipulate the rewards leaderboard, exploit bugs to generate points, or abuse loyalty program mechanics
  • Use the AI-powered features to generate content that is defamatory, obscene, discriminatory, or otherwise objectionable

We reserve the right to investigate and take appropriate action (including account suspension, financial feature freezing, or permanent termination) against any user who violates this Acceptable Use Policy, at our sole discretion.

10. Intellectual Property

10.1 Our Intellectual Property

All software, applications, code, designs, trademarks (including "Swipe Savvy," "Shop Savvy POS," "Savvy KDS," "Swipe Savvy Rewards," and related logos and trade dress), copyrighted content, documentation, APIs, and proprietary technology comprising the Services are and remain the exclusive property of Swipe Savvy, LLC or its licensors. These Terms do not grant you any ownership interest in or to our intellectual property.

10.2 License Grant

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services solely for your internal business purposes (for the POS Platform) or for personal consumer use (for the Rewards App). This license does not include the right to:

  • Modify, adapt, translate, or create derivative works based on our Services
  • Copy, distribute, or publicly display our software or documentation
  • Remove, alter, or obscure any copyright, trademark, or proprietary notices
  • Use our Services to develop a competing product or service

10.3 Your Content

You retain ownership of all data, content, and materials you upload, submit, or input into our Services ("Your Content"), including but not limited to product catalog data, menu items, images, customer information, business data, and support chat messages. By using our Services, you grant us a limited, non-exclusive license to use, store, process, and display Your Content solely as necessary to provide and improve the Services. We will not use Your Content for purposes unrelated to the Services without your consent.

10.4 Feedback

If you provide us with suggestions, ideas, feature requests, or other feedback regarding our Services ("Feedback"), you grant us an unrestricted, irrevocable, perpetual, royalty-free license to use, implement, modify, and incorporate such Feedback into our Services without any obligation to you.

11. Service Availability & Support

11.1 Uptime

We strive to maintain high availability of our Services but do not guarantee uninterrupted access. Our Services may be temporarily unavailable due to scheduled maintenance, emergency maintenance, infrastructure failures, force majeure events, or circumstances beyond our reasonable control. We will make reasonable efforts to provide advance notice of scheduled maintenance windows.

11.2 Offline Functionality

Certain features of the POS Platform are designed to function in offline or degraded-network conditions (e.g., order entry, cash payments). However, features requiring real-time server communication (e.g., credit card processing, cloud synchronization, real-time inventory updates, money transfers, card transactions) require an active internet connection and may be unavailable during outages.

11.3 Support

We provide customer support via email at support@swipesavvy.com, through the AI Concierge in the Rewards App, and by phone at 1-800-505-8769. Support availability, response times, and scope of assistance may vary based on your subscription plan. Premium support plans with enhanced SLAs are available as paid add-ons.

11.4 Updates & Modifications

We may update, modify, or discontinue features of the Services at any time. We will use reasonable efforts to provide advance notice of material changes. Continued use of the Services after changes are implemented constitutes acceptance of those changes. If a change materially reduces the functionality you are paying for, you may cancel your subscription in accordance with Section 14.

12. Data Ownership & Portability

12.1 Your Data

You own all business data, customer data, transaction records, and other content you input into the Services. We do not claim ownership over Your Content. We act as a data processor on your behalf and process your data in accordance with our Privacy Policy.

12.2 Data Export

You may request an export of your data at any time during your active subscription or account. The Web Portal provides data export functionality for transaction reports, customer data, inventory data, and employee records in commonly used formats (CSV, JSON). The Rewards App provides transaction history export. Upon account termination, we will provide a reasonable period (no less than thirty (30) days) to export your data before permanent deletion.

12.3 Data Deletion

Following account termination and expiration of the data export period, we will permanently delete your data from our active systems within ninety (90) days. Backup copies may persist for up to an additional thirty (30) days before being permanently purged. Certain data may be retained as required by law (e.g., transaction records for tax compliance, KYC records for banking regulations).

13. Third-Party Services & Integrations

Our Services integrate with or contain links to third-party products, services, and websites. These include, but are not limited to:

  • Payment processing gateways (NMI, Authorize.Net, Dejavoo, PAX, Stripe)
  • Card issuance and banking partners (FIS Global, Marqeta)
  • Bank account linking (Plaid)
  • AI service providers (Together.AI, OpenAI, Anthropic)
  • Communication services (Twilio for SMS, SendGrid for email)
  • Hardware peripherals and their manufacturer software (receipt printers, barcode scanners, cash drawers, payment terminals)
  • Apple Tap to Pay on iPhone and associated Apple services
  • Cloud services (AWS, Firebase, Sentry)
  • App distribution platforms (Apple App Store, Google Play Store)

Your use of third-party services is governed by the respective terms and privacy policies of those providers. We do not control, endorse, or assume responsibility for any third-party services. We are not liable for any damage or loss arising from your use of third-party services accessed through our platform.

14. Termination

14.1 Termination by You

You may cancel your subscription and terminate your account at any time by contacting our support team, through your account settings in the Web Portal, or through the Rewards App settings. For POS Platform subscriptions, cancellation takes effect at the end of your current billing period. For the Rewards App, you must withdraw any remaining wallet balance to a linked bank account before closing your account.

14.2 Termination by Us

We may suspend or terminate your access to the Services, with or without notice, if:

  • You breach any provision of these Terms
  • Your payment method fails and the issue is not resolved within a reasonable cure period
  • Your account is involved in fraudulent, illegal, or abusive activity
  • We detect suspicious financial activity that may violate AML regulations
  • You fail identity verification (KYC) or provide false information
  • We are required to do so by law, regulatory order, or banking partner directive
  • We reasonably determine that your use poses a security risk to our Services or other users
  • We discontinue the Services (with reasonable advance notice)

14.3 Effect of Termination

Upon termination of your account:

  • Your license to use the Services immediately terminates
  • You must cease all use of the Services, including uninstalling applications from all devices
  • Any issued cards will be deactivated and can no longer be used for transactions
  • You will have thirty (30) days to withdraw remaining wallet balances and export your data (see Section 12.2)
  • Outstanding fees remain due and payable
  • Provisions of these Terms that by their nature should survive termination will continue in effect (including Sections 7, 9, 10, 15, 16, 17, 18, and 19)

15. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:

  • The Services will be uninterrupted, timely, secure, or error-free
  • The results obtained from the Services will be accurate, reliable, or complete
  • The Services will meet your specific requirements or expectations
  • Any errors in the Services will be corrected within any particular timeframe
  • The Services will be compatible with all hardware, software, or network configurations
  • AI-generated content (AI Concierge responses, menu descriptions, sales insights, etc.) will be accurate, appropriate, or free from errors
  • Spending analytics, budget tracking, or financial insights provided through the Rewards App constitute financial advice
  • Card transactions, money transfers, or bank account operations will be processed without delay or error

You acknowledge that our Services process financial transactions and that you are solely responsible for verifying the accuracy of transaction amounts, transfer amounts, wallet balances, tax calculations, and payment records. You agree to reconcile your transaction data regularly and to report any discrepancies promptly.

THE SPENDING ANALYTICS, BUDGETING TOOLS, AND FINANCIAL INSIGHTS PROVIDED THROUGH THE REWARDS APP ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE FINANCIAL, INVESTMENT, TAX, OR LEGAL ADVICE. YOU SHOULD CONSULT A QUALIFIED PROFESSIONAL FOR SUCH ADVICE.

16. Limitation of Liability

16.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SWIPE SAVVY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, data, business, or goodwill
  • Cost of procurement of substitute services
  • Business interruption or downtime losses
  • Damages arising from unauthorized access to or alteration of your data
  • Damages arising from failed payment transactions, chargebacks, money transfer errors, or payment processing errors
  • Damages arising from card issuance delays, card declines, or card network outages
  • Damages arising from reliance on AI-generated content or financial insights
  • Damages arising from third-party claims against you

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16.2 Aggregate Liability Cap

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO SWIPE SAVVY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

16.3 Basis of the Bargain

You acknowledge that the limitations of liability in this Section reflect a fair allocation of risk between you and Swipe Savvy, and that these limitations form an essential basis of the bargain between us. Our pricing and these Terms reflect this allocation of risk.

17. Indemnification

You agree to indemnify, defend, and hold harmless Swipe Savvy, LLC, its officers, directors, employees, agents, affiliates, licensors, and service providers from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

  • Your use of the Services in violation of these Terms
  • Your violation of any applicable law, regulation, or third-party right
  • Any content or data you provide through the Services
  • Disputes between you and your customers, employees, business partners, or money transfer recipients
  • Your failure to comply with PCI DSS requirements, payment network rules, or banking regulations
  • Chargebacks, fraudulent transactions, or payment disputes arising from your business operations or card usage
  • Your failure to complete required identity verification or your provision of false KYC information
  • Your breach of any representation or warranty made in these Terms

18. Dispute Resolution

18.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact us at legal@swipesavvy.com and attempt to resolve the dispute informally for at least thirty (30) days.

18.2 Binding Arbitration

If we are unable to resolve a dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Orlando, Florida. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

18.3 Class Action Waiver

YOU AND SWIPE SAVVY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. Unless both you and Swipe Savvy agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class, collective, or representative proceeding.

18.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidentiality obligations, or to address urgent security matters. Additionally, disputes related to unauthorized electronic fund transfers governed by Regulation E are not subject to arbitration to the extent prohibited by law.

19. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, United States, without regard to its conflict of law provisions. To the extent that any action is permitted to be brought in court (including for injunctive relief under Section 18.4), you agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Mecklenburg County, North Carolina.

20. General Provisions

20.1 Entire Agreement

These Terms, together with our Privacy Policy, any cardholder agreements from our banking partners, and any supplemental terms, policies, or agreements referenced herein, constitute the entire agreement between you and Swipe Savvy regarding your use of the Services and supersede all prior and contemporaneous agreements, proposals, and communications, whether oral or written.

20.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

20.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Swipe Savvy.

20.4 Assignment

You may not assign or transfer these Terms or your rights and obligations hereunder without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

20.5 Force Majeure

Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, pandemics, war, terrorism, government actions, power failures, internet outages, telecommunications failures, card network outages, banking system outages, or third-party service provider failures.

20.6 Notices

We may provide notices to you by email to the address associated with your account, through in-app notifications (push notifications, in-app banners), SMS to your registered phone number, or by posting notices on our Website. You may provide notices to us by email at legal@swipesavvy.com or by mail to: Swipe Savvy, LLC — Attn: Legal Department, 250 N. Orange Ave. Suite 1250, Orlando, FL 32801.

20.7 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

20.8 Relationship of the Parties

Nothing in these Terms shall be construed to create a joint venture, partnership, franchise, or agency relationship between you and Swipe Savvy. Neither party has the authority to bind the other or to incur any obligation on behalf of the other.

21. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

  • Update the "Last updated" date at the top of this page
  • Notify you by email, in-app notification, and/or by posting a prominent notice within our Services
  • Provide at least thirty (30) days' notice before material changes take effect

Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services and cancel your subscription or close your account.

22. Contact Information

For questions or concerns about these Terms of Service: