Terms of Service

Last updated: December 21, 2024

1. Acceptance of Terms

By accessing or using Swary's ride dispatch and tracking platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

Swary provides a cloud-based platform for ride dispatch, driver management, and real-time tracking. The Service includes web and mobile applications designed for transportation companies, dispatchers, drivers, and clients.

3. User Accounts

3.1 Account Creation

To use certain features of the Service, you must create an account. You may register using an email and password or through Google OAuth. You agree to provide accurate, current, and complete information during registration.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

3.3 Account Types

  • Company/Dispatch Accounts: For transportation companies managing rides and drivers
  • Driver Accounts: For drivers accepting and completing rides
  • Client Accounts: For customers booking and tracking rides

4. User Responsibilities

You agree to:

  • Use the Service only for lawful purposes and in compliance with all applicable laws
  • Provide accurate and truthful information
  • Maintain the security and confidentiality of your account
  • Not impersonate any person or entity
  • Not interfere with or disrupt the Service or servers
  • Not attempt to gain unauthorized access to any part of the Service
  • Not use the Service to transmit malicious code, spam, or harmful content

5. Driver-Specific Terms

If you use the Service as a driver, you additionally agree to:

  • Possess valid licenses and insurance required for operating a vehicle in your jurisdiction
  • Maintain your vehicle in safe, roadworthy condition
  • Comply with all traffic laws and regulations
  • Provide professional and courteous service to passengers
  • Update ride status accurately and in real-time
  • Enable location tracking while on duty

You acknowledge that you are an independent contractor and not an employee of Swary or the transportation company using the Service.

6. Intellectual Property

The Service and its original content, features, and functionality are owned by Swary and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our express written permission.

7. Third-Party Services

The Service integrates with third-party services including:

  • Google Maps for location and navigation services
  • Google OAuth for authentication
  • Payment processors for billing
  • Email service providers for notifications

Your use of these third-party services is subject to their respective terms and conditions. We are not responsible for the availability, accuracy, or content of third-party services.

8. Payment and Fees

If you are using a paid version of the Service, you agree to pay all fees associated with your subscription plan. Fees are charged on a recurring basis and are non-refundable except as required by law or as otherwise stated in these Terms.

9. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWARY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

12. Indemnification

You agree to indemnify, defend, and hold harmless Swary and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with your access to or use of the Service or your violation of these Terms.

13. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of the Service after changes are posted constitutes your acceptance of the updated Terms.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

16. Contact Information

If you have any questions about these Terms, please contact us at:

Email: support@swary.app
Website: swary.app