Legal

Terms of Service

Education Bot, Inc. (operating as swivl)  ·  Effective Date: January 10, 2026  ·  Last Updated: January 10, 2026

1. Who We Serve

swivl provides AI-powered communications and operations software to self-storage operators and related businesses ("Customers"). Our Services are designed for business use only. To use the Services, you must be at least 18 years of age and authorized to enter into a binding agreement on behalf of the organization you represent. Our Services are not directed to consumers or individuals acting in a personal capacity.

By using the Services, you represent and warrant that you have the legal authority to bind the organization on whose behalf you are acting and that your organization's use of the Services complies with all applicable laws and regulations.

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2. Account Registration and Access

2.1 Account Creation

To access swivlStudio, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the accuracy of your account information and for updating it as necessary.

2.2 Credentials and Security

You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify us immediately at support@tryswivl.com if you become aware of any unauthorized access to or use of your account. You are responsible for all activity that occurs under your account.

2.3 Authorized Users

You may authorize employees and contractors of your organization to access the Services as users. You are fully responsible for ensuring that all authorized users comply with these Terms. Each user must maintain their own login credentials and may not share access with unauthorized individuals.

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3. Permitted Use and Restrictions

3.1 License Grant

Subject to your compliance with these Terms and payment of applicable fees, swivl grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services during the term of your subscription solely for your internal business operations.

3.2 Restrictions

You agree not to, and not to permit any third party to:

• Reproduce, copy, modify, create derivative works of, or distribute the Services or any component thereof
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services
• Use the Services to operate a service bureau or process content on behalf of any third party other than your own organization
• Permit unauthorized parties to access the Services
• Use the Services to transmit any unlawful, harassing, defamatory, fraudulent, or harmful content
• Upload or transmit any viruses, malware, or other harmful code
• Attempt to probe, scan, or test the vulnerability of the Services or bypass any security or authentication measures
• Harvest or collect data from the Services in an unauthorized manner
• Remove or obscure any proprietary or copyright notices in the Services
• Use the Services in any manner that violates applicable law, including communications laws governing SMS, voice, and email outreach

3.3 Compliance with Communications Laws

You are solely responsible for complying with all applicable laws governing your use of the Services to communicate with your own customers and tenants, including the Telephone Consumer Protection Act (TCPA), Canada's Anti-Spam Legislation (CASL), the CAN-SPAM Act, and applicable call recording consent laws. swivl provides compliance-supporting features within the platform, but this does not constitute legal advice and does not relieve you of your legal obligations.

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4. Customer Content

4.1 Ownership

You retain all right, title, and interest in and to content, data, and information you submit to or through the Services ("Customer Content"), including data about your tenants, leads, and prospects. swivl does not acquire any ownership rights in your Customer Content.

4.2 License to swivl

You grant swivl a limited, non-exclusive, non-transferable license to access, process, and use your Customer Content solely as necessary to provide the Services to you under your agreement with us. swivl will not use your Customer Content for any external commercial purpose or disclose it to third parties except as required to deliver the Services or as required by law.

4.3 Your Responsibilities

You represent and warrant that you have all necessary rights to submit Customer Content to the Services and to authorize swivl to use it as described in these Terms. You are solely responsible for the accuracy, quality, and legality of Customer Content and for ensuring that your use of Customer Content through the Services complies with all applicable laws.

4.4 Data Portability

Upon termination or expiration of your subscription, you may request access to your Customer Content in a commercially reasonable, standard format. swivl will make such data available to the extent technically feasible and consistent with its data retention and security policies.

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5. Intellectual Property

5.1 swivl's Rights

All right, title, and interest in and to the Services, the swivlStudio platform, the swivlCortex AI models, associated software, documentation, and all intellectual property therein belong exclusively to swivl, its licensors, and suppliers. These Terms do not grant you any rights in or to swivl's intellectual property except for the limited access license described in Section 3.1.

5.2 Trademarks

The swivl name, logo, and product names are trademarks of Education Bot, Inc. Nothing in these Terms grants you the right to use swivl's trademarks without prior written permission.

5.3 Usage Data

swivl may collect and use anonymized, aggregated usage data derived from your use of the Services for benchmarking, analytics, and product improvement purposes, provided that such data cannot be used to identify you or any individual user.

5.4 Feedback

If you provide swivl with suggestions, ideas, or feedback about the Services, you grant swivl the right to use that feedback without restriction or compensation to you.

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6. Fees and Payment

Fees for the Services are set forth in your order form or Schedule A. Payment terms, pricing adjustments, and late payment provisions are governed by your Master SaaS Agreement with swivl. In the event of any conflict between these Terms and your Master SaaS Agreement with respect to fees and payment, your Master SaaS Agreement controls.

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7. Confidentiality

Each party may have access to confidential information of the other in connection with the Services. Each party agrees to protect the other's confidential information using at least the same degree of care it uses for its own confidential information of a similar nature, and in no event less than a reasonable standard of care. Neither party will disclose the other's confidential information to any third party without prior written consent, except as required by law or to employees and contractors who need to know the information to perform obligations under these Terms and are bound by equivalent confidentiality obligations.

Confidentiality obligations do not apply to information that is or becomes publicly available through no fault of the recipient, was rightfully known to the recipient before disclosure, or is independently developed without reference to the confidential information.

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8. Privacy and Data

swivl's collection and use of personal information in connection with the Services is governed by our Privacy Policy. To the extent swivl processes personal information belonging to your tenants or end users on your behalf, such processing is governed by our Data Processing Addendum. You are responsible for providing appropriate privacy notices to your own tenants and end users, as described in our Product Privacy Notice.

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9. Disclaimers

EXCEPT AS EXPRESSLY SET FORTH IN YOUR MASTER SAAS AGREEMENT WITH SWIVL, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SWIVL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

SWIVL DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. SWIVL'S COMPLIANCE-SUPPORTING FEATURES (INCLUDING TCPA GUARDRAILS, FDCPA-ALIGNED LANGUAGE, AND AMD DISCLOSURES) ARE PROVIDED AS TOOLS TO SUPPORT YOUR COMPLIANCE PROGRAM. THEY DO NOT CONSTITUTE LEGAL ADVICE AND DO NOT GUARANTEE COMPLIANCE WITH ANY PARTICULAR LAW OR REGULATION. YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOUR USE OF THE SERVICES COMPLIES WITH APPLICABLE LAW.

Some jurisdictions do not permit certain warranty disclaimers. To the extent applicable law requires implied warranties, such warranties are limited to the minimum duration and scope permitted by law.

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10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SWIVL NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES, EVEN IF SWIVL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SWIVL'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES PAID BY YOU TO SWIVL IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY OR (B) ONE HUNDRED DOLLARS ($100).

The limitations in this Section 10 do not apply to liability arising from a party's gross negligence or willful misconduct, death or personal injury caused by negligence, fraud, or any liability that cannot be excluded or limited under applicable law.

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11. Indemnification

You agree to indemnify, defend, and hold harmless swivl and its directors, officers, employees, agents, and contractors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your breach of these Terms
• Your use of the Services in violation of applicable law
• Any claim that your Customer Content infringes or violates the rights of any third party
• Your failure to provide required privacy disclosures or obtain required consents from your tenants or end users

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12. Term and Termination

12.1 Term

These Terms remain in effect for as long as you have an active subscription to the Services or otherwise use the Services. Subscription term, renewal, and termination rights are governed by your Master SaaS Agreement.

12.2 Termination for Cause

swivl may suspend or terminate your access to the Services immediately upon written notice if you materially breach these Terms and fail to cure that breach within 30 days of notice (where the breach is capable of cure), or if you use the Services in a manner that creates legal risk for swivl or third parties.

12.3 Effect of Termination

Upon termination, your right to access the Services ceases immediately. Sections 4, 5, 7, 9, 10, 11, and 15 survive termination indefinitely.

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13. Copyright Infringement (DMCA)

If you believe that content accessible through our Services infringes your copyright, you may submit a notice to our designated copyright agent. Your notice must include a signature of the copyright owner or authorized agent; identification of the copyrighted work and the allegedly infringing material; your contact information; a good-faith statement that the use is not authorized; and a statement under penalty of perjury that you are authorized to act on behalf of the copyright owner.

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14. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the "Last Updated" date above and provide notice through the platform or via email to registered users. Your continued use of the Services after the effective date of any update constitutes acceptance of the revised Terms.

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15. General Provisions

15.1 Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles. Any disputes arising out of or relating to these Terms will be brought exclusively in the state or federal courts located in Delaware, and each party consents to such jurisdiction and venue.

15.2 Independent Contractors

The parties are independent contractors. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between swivl and you.

15.3 Assignment

You may not assign or transfer your rights or obligations under these Terms without swivl's prior written consent. swivl may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets without your consent. Any attempted assignment in violation of this section is void.

15.4 Force Majeure

Neither party will be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, pandemics, government actions, or failures of third-party infrastructure providers.

15.5 Severability

If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

15.6 Entire Agreement

These Terms, together with your Master SaaS Agreement and any applicable Order Forms, constitute the entire agreement between you and swivl regarding the Services and supersede all prior agreements, understandings, and representations relating to the same subject matter. In the event of a conflict between these Terms and your Master SaaS Agreement, your Master SaaS Agreement controls.

15.7 Geographic Scope

swivl's Services are available to business customers in the United States and Canada.

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16. Contact Us