Terms of Service

1. Acceptance of terms

These Terms of Service (the "Terms") are a binding agreement between you and Swivel ("Swivel," "we," "us," or "our") governing your access to and use of the Swivel application for Slack, the Swivel dashboard, and our websites (together, the "Service"). By installing, accessing, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

If you install or use the Service on behalf of an organization (a "Customer"), you represent that you have authority to bind that organization to these Terms, and "you" refers to that organization. If you and Swivel have signed a separate written agreement covering the Service, that agreement controls where it conflicts with these Terms.

2. The Service

Swivel is a recognition and rewards application that runs inside Slack. Administrators configure spinners with prizes, quantities, and win probabilities; authorized users trigger spins for teammates; and Swivel selects an outcome, posts the result in a chosen Slack channel, and records the win for fulfillment. Features vary by plan and may change over time. We may add, modify, or discontinue features, and will use reasonable efforts to give notice of material adverse changes to paid plans.

3. Accounts and workspaces

Access to Swivel requires an active Slack workspace and installation by a user with permission to add apps. You are responsible for the accuracy of account information, for the activity of all users in your workspace, and for maintaining the confidentiality of credentials and any API keys you connect. Notify us promptly at support@playswivel.com if you suspect unauthorized access. You must be at least 16 years old to use the Service.

Workspace administrators control spinner configuration, permissions, channel selection, and which integrations are enabled. Actions taken by administrators — including changing win probabilities, removing prizes, or deleting activity history — are the Customer's responsibility, not ours.

4. Plans, billing, and renewal

Free plan

The Free plan is provided at no charge and includes the usage limits described on our pricing page, currently 5 spins per month and 2 active spinners. Limits may change; we will give notice before reducing limits for existing workspaces.

Paid plans

Paid plans are billed per user, monthly or annually in advance, at the rates shown at the time of purchase. Fees are charged through our payment processor to the payment method on file. Unless stated otherwise, fees are exclusive of taxes, and you are responsible for any applicable sales, use, VAT, or similar taxes.

Renewal and cancellation

Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date. You may cancel at any time from the dashboard or by emailing us; cancellation takes effect at the end of the current billing period, and you retain paid features until then.

Refunds and changes

Except where required by law, fees are non-refundable and there are no refunds or credits for partial periods, unused spins, or downgrades. If you add seats mid-term, you will be charged a prorated amount for the remainder of the period. We may change pricing with at least 30 days' notice before the change applies to your next renewal. If payment fails, we may suspend paid features after reasonable notice.

5. Prizes and fulfillment

Prizes are defined and funded by the Customer, not by Swivel. Swivel provides the mechanism for selecting and announcing a winner; except where a prize is delivered through an automated integration we operate, we do not supply, fund, guarantee, or fulfill any prize. Custom prizes are fulfilled by the Customer.

For automated prizes (such as gift cards issued through a fulfillment partner, HeyTaco tacos, or Bonusly points), delivery depends on the third-party provider, on sufficient funds or balance in the Customer's account with that provider, and on accurate recipient email addresses. Swivel is not responsible for delays, failures, expirations, or errors caused by those providers.

Spin outcomes are generated using a random selection weighted by the probabilities the Customer configures. Results are final. Swivel is not a gambling, lottery, or sweepstakes service: no consideration is paid by participants to enter, and no purchase of any kind is required to participate in a spin. The Customer is solely responsible for ensuring that its use of the Service, including prize offerings, complies with applicable employment, tax, compensation, promotion, and gaming laws in every jurisdiction where its employees are located, including any reporting or withholding obligations arising from rewards given to employees. Swivel does not provide legal, tax, or HR advice.

6. Acceptable use

You agree not to, and not to permit anyone to:

• use the Service to harass, bully, demean, discriminate against, or retaliate against any person;
• post content that is unlawful, defamatory, obscene, hateful, or infringes the rights of others;
• use the Service for gambling, wagering, or any activity requiring a license we do not hold;
• attempt to gain unauthorized access to the Service, other workspaces, or related systems, or probe, scan, or test their vulnerability;
• reverse engineer, decompile, or attempt to derive the source code of the Service, except as permitted by law;
• circumvent usage limits, rate limits, or access controls, or share access credentials outside your workspace;
• resell, sublicense, or provide the Service to third parties as a service bureau;
• use automated means to scrape or extract data from the Service beyond documented interfaces; or
• interfere with the integrity or performance of the Service or violate Slack's terms or developer policies.

We may investigate suspected violations and may suspend or terminate access for conduct that violates these Terms or creates risk or legal exposure for us or other users.

7. Customer data

As between you and Swivel, you own all data and content submitted to the Service by you or your users ("Customer Data"). You grant us a non-exclusive, worldwide license to host, process, transmit, and display Customer Data solely to provide, secure, and improve the Service and as permitted by our Privacy Policy. You are responsible for having the rights and permissions necessary to submit Customer Data, and for the content of nominations, notes, and prize descriptions your users create. We may generate aggregate, de-identified statistics from use of the Service, provided they do not identify you, your workspace, or any individual.

8. Slack and third-party services

The Service depends on Slack and, where enabled, on third-party services including Zapier, HeyTaco, Bonusly, and gift card fulfillment providers. Your use of those services is governed by their own terms and privacy policies. We do not control them and are not responsible for their availability, accuracy, security, or acts or omissions. Changes to a third-party API may require us to modify or discontinue an integration.

9. Intellectual property

The Service, including its software, design, text, graphics, and the Swivel name and logo, is owned by Swivel and protected by intellectual property laws. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes. All rights not expressly granted are reserved. Slack is a trademark of Slack Technologies, LLC; other marks belong to their respective owners.

10. Feedback

If you send us suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free license to use and incorporate them without restriction or obligation to you.

11. Availability and support

We aim to keep the Service available at all times but do not guarantee uninterrupted access. We may perform scheduled maintenance and will try to give advance notice for planned downtime that materially affects paid workspaces. Support is provided by email at support@playswivel.com; paid plans receive prioritized response targets as described on our pricing page.

12. Term and termination

These Terms apply from your first use of the Service until terminated. You may terminate at any time by cancelling your subscription and removing Swivel from your Slack workspace. We may suspend or terminate access immediately if you materially breach these Terms, if required by law, or if your use creates a security or legal risk; for non-urgent issues we will give notice and a reasonable chance to cure. On termination, your right to use the Service ends, outstanding fees become due, and we will handle Customer Data as described in our Privacy Policy. Sections 5, 7, 9, 10, and 13 through 18 survive termination.

13. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PARTICULAR PRIZE WILL BE DELIVERED BY A THIRD PARTY. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SWIVEL'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO SWIVEL FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND DO NOT LIMIT LIABILITY THAT CANNOT BE LIMITED BY LAW.

15. Indemnification

You will defend, indemnify, and hold harmless Swivel and its officers, employees, and agents from any claims, damages, liabilities, and reasonable costs (including attorneys' fees) arising from: (a) Customer Data or content posted through your workspace; (b) prizes you offer, fund, or fulfill, including any tax, employment, or promotional-law consequences; (c) your violation of these Terms or of applicable law; or (d) your use of third-party integrations.

16. Governing law and disputes

These Terms are governed by the laws of the State of New Jersey, United States, without regard to its conflict-of-laws rules. The parties will first attempt to resolve any dispute informally by contacting support@playswivel.com and negotiating in good faith for 30 days. Any dispute not resolved informally will be subject to the exclusive jurisdiction of the state and federal courts located in New Jersey, and each party consents to venue there. Each party waives any right to a jury trial and to participate in a class or representative action. Nothing here prevents either party from seeking injunctive relief for infringement or misuse of intellectual property.

17. Changes to these terms

We may update these Terms from time to time. We will revise the "Last updated" date above and, for material changes, give notice through the app or by email to workspace administrators before the change takes effect. Changes apply prospectively; for paid plans, material changes take effect at your next renewal. Continued use of the Service after the effective date constitutes acceptance.

18. General

These Terms, together with the Privacy Policy and any order form or written agreement between us, are the entire agreement between the parties regarding the Service. If a provision is held unenforceable, it will be limited to the minimum extent necessary and the remaining provisions stay in effect. Our failure to enforce a right is not a waiver of it. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets. The parties are independent contractors, and nothing here creates a partnership, agency, or employment relationship. Neither party is liable for delays caused by events beyond its reasonable control. Notices to you may be sent to the email associated with your account; notices to us go to support@playswivel.com.

19. Contact

Swivel
Email: support@playswivel.com
Web: www.playswivel.com