Terms of Use and Liability Disclaimer

1. Services Provided by Swerve

Swerve provides a vehicle delivery and management service to facilitate the transport of vehicles to and from third-party auto repair shops (“Auto Shop”) on behalf of Customers. Swerve is responsible for coordinating the vehicle's pickup and delivery, ensuring the vehicle is brought to the Auto Shop, and handling the invoicing and payment processes related to the repair services rendered by the Auto Shop.

Drivers who transport Customer vehicles (“Drivers”) are independent third parties and are not employees or agents of Swerve. Drivers maintain their own automobile liability insurance, which may be primary for claims arising from vehicle operation.

2. Mobile App Licensing

Swerve grants Customer a non-exclusive, non-transferable, revocable license to download, install, and use the Swerve Repair mobile application (“App”) solely for personal or internal business purposes, subject to the terms and conditions set forth herein.

Swerve may, but is not obligated to, provide updates, enhancements, or maintenance for the App. Any such updates shall be subject to the terms of this Agreement.

Customer agrees to comply with all applicable laws and regulations while using the App, and to promptly report any security vulnerabilities or breaches to Swerve.

• Customer will not use the App for any unlawful or prohibited activities;
• Copy, modify, or create derivative works of the App;
• Distribute, sell, lease, sublicense, or otherwise transfer the App to any third party;
• Reverse engineer, decompile, or disassemble the App, except to the extent expressly permitted by applicable law; or
• Remove, alter, or obscure any proprietary notices or labels on the App.

3. Payment Terms

• Service Fee and charges: The App generates quotes for repair, transit costs, insurance, and fees. By clicking “Acknowledge,” Customer agrees to pay Swerve the stated service fee for coordinating transport to and from the Auto Shop as outlined on Swerve’s website or in a separate communication. The Service Fee is a complete statement of the charge assessed by Swerve and may include a finder's fee, transport fee, and administrative charges. Customer will be invoiced for repair estimates or services performed by the Auto Shop or other third parties at booking. Swerve will also collect taxes to be paid to the Auto Shop using tax rates applicable where service is provided.
• Changes in pricing: Swerve reserves the right to change pricing at any time prior to vehicle pickup. Changes will be communicated in advance and apply to future purchases or renewals. Quotes are not final until the vehicle is picked up and service is performed.
• Payment Processing: Swerve uses a third-party processor for US payments. Swerve does not collect or retain full credit card numbers; information is provided directly to Stripe and governed by Stripe's privacy policy at https://stripe.com/privacy. Swerve may receive information associated with payment card information, such as billing details.
• Auto Shop Payment: Customer acknowledges that payment for services rendered by the Auto Shop is the Customer’s responsibility, and Swerve’s role is solely in facilitating the vehicle's transport. Issues regarding charges or service quality must be resolved directly with the Auto Shop.
• Refunds and Cancellation: All sales and subscriptions are final. No refunds will be issued for purchases or services completed and rendered. If Customer cancels less than twenty-four hours before scheduled pickup, Customer will incur a $25 cancellation fee.
• Chargebacks: Customer account will be suspended if chargeback occurs.

4. Vehicle Condition and Release

• Pre-Repair Condition: Customer acknowledges it is their responsibility to ensure the vehicle is in proper condition for transport and repair. Swerve is not liable for existing damage, defects, or issues prior to the Auto Shop's repair services.
• Release of Vehicle: Customer authorizes Swerve to release the vehicle to the Auto Shop for repair and acknowledges Swerve is not responsible for its condition once delivered to the Auto Shop.

5. Limitations of Swerve’s Responsibility

• No Liability for Repairs: Swerve is not responsible for repairs, services, or maintenance performed by the Auto Shop. Swerve acts solely as a third-party service provider to deliver the vehicle to and/or from the Auto Shop. Repairs, services, and warranties are the Auto Shop's responsibility and governed by agreements between the Auto Shop and Customer.
• No Warranty or Guarantee: Swerve offers no warranties, guarantees, or representations regarding quality, performance, or timeliness of Auto Shop repairs or services. Any assurances must be obtained directly from the Auto Shop.

6. Acknowledgment of Risk

• Bailment Acknowledgment: Customer acknowledges that entrusting a vehicle for transport creates a bailment for mutual benefit. Swerve agrees to exercise reasonable care in arranging transport but does not guarantee against loss or damage not caused by failure by Swerve or the driver to exercise reasonable care.
• Third-Party Services: Swerve is not liable for damages, losses, injuries, claims, liabilities, causes of action, or other issues arising from Auto Shop services, including substandard repairs, errors, delays, or accidents while at the Auto Shop. Customer must look to the Auto Shop as the sole source of relief for such issues.
• Customer’s Responsibility: Customer is responsible for reviewing terms, warranties, and liabilities of agreements directly with the Auto Shop. Swerve is not a party to those agreements and bears no duties under them.

7. Limitation of Liability

To the maximum extent permitted by law, Swerve shall not be held liable for damages, losses, injuries, claims, liabilities, causes of action, or other issues arising from Auto Shop repair or service work, including vehicle damage during repair or transport following delivery to, or before retrieval from, the Auto Shop; incomplete or inadequate repairs; or injury or loss caused by the Auto Shop’s actions or omissions.

• Indemnity: Customer agrees to indemnify, defend, and hold harmless Swerve, its officers, employees, agents, and affiliates from claims, demands, damages, liabilities, or expenses (including reasonable attorney’s fees) connected with inaccurate Customer information, pre-existing conditions, items left in the vehicle, Auto Shop repair work, or issues arising after delivery to or before retrieval from the Auto Shop.
• Limitation: Swerve’s liability shall not exceed the lesser of repair cost or the vehicle’s fair market value. To the maximum extent permitted by law, Swerve is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or loss of profits, revenues, data, goodwill, or other intangible losses arising from App access or use; unauthorized access to systems or personal information; or harmful code transmitted through the App, under any legal theory, whether or not advised of the possibility.

7. Limitation Exceptions and Waiver

The limitation of liability does not apply to liability arising from Licensor’s willful misconduct, fraud, or violations of applicable law that cannot be lawfully limited or disclaimed. By entering into this Agreement, Customer agrees that Swerve shall not be liable for loss of use, loss of profits, rental costs, diminished value, or other consequential or incidental damages, and expressly waives claims to such damages.

8. Insurance and Coverage

• Customer’s Insurance: Customer is solely responsible for maintaining adequate vehicle insurance, including during repair at the Auto Shop. Swerve does not provide insurance for repairs or damage while in the Auto Shop's possession.
• No Liability for Loss or Damage: Swerve is not responsible for loss, theft, or damage while the vehicle is at the Auto Shop unless caused by gross negligence or willful misconduct of Swerve’s employees or agents.
• Subrogation: Customer waives subrogation against Swerve to the extent losses are covered by insurance.

9. Intellectual Property Rights

The App and all related intellectual property rights are and shall remain the exclusive property of Swerve. Customer acknowledges that no ownership rights are conveyed and Swerve retains full ownership of the App and associated intellectual property.

10. Dispute Resolution

• Resolution Process: The parties agree to attempt informal negotiation, then formal mediation before a lawsuit. Any lawsuit or legal action arising from this Agreement shall be brought in a court of competent jurisdiction in the City and County of Denver, Colorado. The prevailing party may recover reasonable attorney’s fees and costs.
• Waiver of jury trial: TO THE MAXIMUM EXTENT PERMITTED BY COLORADO LAW, THE PARTIES KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY.
• Class action waiver: ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION.

11. Miscellaneous Provisions

• Term: This Agreement starts when Customer first downloads or uses the App and continues until terminated. Swerve may terminate immediately at any time. Upon termination, Customer must cease use and delete all copies.
• Entire Agreement: This Agreement constitutes the entire understanding regarding Swerve services and supersedes all prior and contemporaneous agreements, representations, and understandings.
• Assignment: Customer may not assign or transfer this Agreement or any rights or duties without Swerve's written consent.
• Amendments: Swerve may modify this Agreement at any time. Customer will be notified, and continued App use constitutes acceptance.
• Governing Law: This Agreement is governed by Colorado law without regard to conflict-of-law principles.
• Severability: If any provision is invalid or unenforceable, the remainder remains in full force and effect.