Terms of Service

v1.4.0Effective May 24, 2026Last Updated July 21, 2026

These Terms of Service (“Terms”) govern your use of SWIM (swimflows.com), operated by SWIM Technology LLC (“SWIM,” “we,” “us,” or “our”). By using SWIM, you agree to these Terms.

1. Who We Are

SWIM is commerce infrastructure — not a marketplace. We provide the technology that lets independent merchants build their own storefronts, economies, and customer relationships. Merchants operate their own Streams and are solely responsible for the goods and services they offer.

2. Eligibility

You must be at least 18 years old to use SWIM. SWIM is primarily available to users in the United States. We extend GDPR-compliant access to users in the European Union and EEA — your rights under GDPR are honored in full.

3. Accounts

Consumer accounts let you browse Streams, collect Drops, and claim MBOs (Merchant Brand Offers).

Merchant accounts are organized under Workspaces — your company identity on SWIM. From a Workspace you create Streams and publish offers.

You are responsible for all activity under your account.

4. Streams

A Stream is a merchant’s public storefront. Each Stream is operated by its merchant. SWIM provides the infrastructure; the merchant is responsible for accuracy of listings, delivery of goods, compliance with law, and their own refund/return policies.

If a merchant fails to honor an offer, your recourse is with that merchant.

5. Drops

Drops are platform access credits — not currency, not a security, not a gift card or stored value instrument.

Drops provide access to offers published by independent merchants on the SWIM platform
Non-refundable and non-transferable between accounts
No cash value; cannot be exchanged for money
Drops evaporate when used to claim an offer. Unused Drops expire 12 months from purchase date
SWIM may modify Drop mechanics at any time with reasonable notice
Drops are distinct from stored value instruments as defined under applicable law. Drops are access credentials to a marketplace, not a promise to pay a fixed sum

Platform credits of this type are a recognized category of digital commerce instrument. They are not subject to state gift card escheatment requirements.

6. Merchant Brand Offers (MBOs)

An MBO is an offer or entitlement issued by a merchant. You claim an MBO by evaporating Drops.

Each MBO is available for the duration set by the merchant at the time of creation. After expiration, the merchant may modify, extend, or relaunch the offer.
SWIM does not guarantee any MBO remains available prior to a buyer claiming it
Once claimed, an MBO is considered final. Refunds are at the merchant’s sole discretion; where offered, value is returned as Drops to the buyer’s account.

7. Payments

Payment processing is handled by a third-party payment processor. SWIM never stores your full card or bank account number.

Available payment methods: Credit card, debit card, and bank transfer (ACH). Individual merchants may require bank transfer for purchases above a threshold they configure; you will be notified before checkout if this applies.

Buyer processing fee: When you purchase Drops, a processing and security fee applies (2.9% + $0.30 by card; 0.8% capped at $5 by ACH). This fee is charged at drop purchase — there are no additional fees when you claim an offer. Card buyers claiming digital offers receive 1% of their drop purchase back as Drops, credited immediately to their wallet. Physical and service offers carry no Drops rebate.

Platform fees: Merchants on SWIM pay a platform fee on each transaction. This fee structure is published at swimflows.com/fees.

Bank transfer (ACH) purchases: If you connect your bank account for ACH payment, you authorize SWIM’s payment processor to initiate a debit from your account for the stated amount. ACH transactions are subject to Federal Reserve network rules. Unauthorized ACH claims must be reported to your bank within 60 days of the statement date.

8. Kingdom Fund

SWIM commits 10% of platform revenue to the Kingdom Fund, a charitable initiative. This does not affect your rights under these Terms.

9. Prohibited Use

You may not use SWIM to: violate any law, defraud users or merchants, circumvent security, distribute malware or spam, impersonate others, manipulate the Drop economy, or scrape SWIM without permission.

10. Intellectual Property

All SWIM branding, design, and technology are owned by SWIM Technology LLC. Merchants retain ownership of their content and grant SWIM a limited license to display it on the platform.

10a. Copyright / DMCA

SWIM respects intellectual property rights and complies with the Digital Millennium Copyright Act (17 U.S.C. § 512).

To submit a DMCA takedown notice, contact our designated agent:

DMCA Agent · SWIM Technology LLC
[email protected]
1309 Coffeen Avenue STE 1200 · Sheridan, Wyoming 82801

Your notice must include: (1) identification of the copyrighted work claimed to be infringed; (2) identification of the infringing material and its URL on SWIM; (3) your contact information; (4) a statement of good faith belief; (5) a statement of accuracy under penalty of perjury; and (6) your physical or electronic signature.

Repeat infringer policy: SWIM will terminate accounts of users found to be repeat infringers of third-party copyright, consistent with 17 U.S.C. § 512(i).

11. Disclaimer of Warranties

SWIM IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWIM’S LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID SWIM IN THE PRECEDING 12 MONTHS. NO LIABILITY FOR INDIRECT OR CONSEQUENTIAL DAMAGES.

13. Dispute Resolution

Claim Disputes (You and a Merchant)

If a merchant doesn’t honor an offer’s terms, you can file a dispute against your claim:

You file a dispute. The merchant is notified and has 3 days to respond.
If the merchant doesn’t respond in time, either party may escalate the dispute to SWIM for review.
SWIM reviews the offer’s terms, fulfillment records, and your conversation with the merchant.
SWIM issues a final decision — ruled for you (Drops restored in full), a partial resolution (Drops restored in part), or ruled for the merchant (no Drops restored). Decisions are final.

Drops restored through a dispute are credited back as Drops, not cash, consistent with Section 5.

Legal Disputes (You and SWIM)

US users: Binding individual arbitration under AAA Consumer Arbitration Rules. Class actions are waived.

EU/EEA users: Disputes may be submitted to your local consumer protection authority. Your statutory rights under EU law are preserved.

Governing law: Delaware, USA (US users) · Applicable EU law (EU/EEA users, where required).

14. Termination

We may suspend or terminate your account for Terms violations. You may close your account at any time. Termination does not result in a refund of Drops.

15. Changes to These Terms

We will notify you of material changes at least 30 days before they take effect. Continued use constitutes acceptance.

16. Contact

Questions? Email [email protected]
Mail: SWIM Technology LLC · 1309 Coffeen Avenue STE 1200 · Sheridan, Wyoming 82801

Version History

Version	Date	Changes
v1.4.0	2026-07-21	§13: Claim Disputes process added (file → 3-day merchant response → escalate → SWIM review → final decision), separated from the existing legal-arbitration clause.
v1.3.0	2026-05-24	§7: Buyer processing fee disclosed (2.9%+$0.30 card / 0.8% ACH at drop purchase). Digital 1% drops rebate at claim. No fees at checkout.
v1.2.0	2026-05-19	§3: Canonical terminology. §6: MBO header. §10a: DMCA section added. §16: Wyoming address added. Delaware governing law.
v1.1.0	2026-05-13	§5: Drops classified as platform access credits; expiry policy explicit. §7: Payment methods, ACH authorization, fee disclosure link added.
v1.0.0	2026-03-30	Initial Terms of Service

Version 1.4.0 · Last Updated July 21, 2026