TERMS OF USE AND LIABILITY DISCLAIMER 

Last Revised: 12.17.2025 

These Terms of Use (“Terms” or “Agreement”) constitute a lawful, binding contract between Swerve Industries LLC, doing business as Swerve Repair, a Partnership/LLC (“Swerve” or “Company”), with its principal place of business at 3500 Rockmont Drive apt 16204, Denver Colorado 80202, and the Swerve Repair End User or Customer (“Customer”). By downloading, installing, or using the Swerve App, including but not limited to by booking a Swerve and clicking “Acknowledge”, Customer acknowledges that Customer has read, understands, and agrees to accept these Terms and to pay for services rendered. 

  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. 

  1. 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 agrees that it 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.  

  1. 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 the transport of the vehicle 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 to the Customer for the transaction, and may include a finder's fee, transport fee, and other administrative charges. Customer will be invoiced for repair estimates or services performed by the Auto Shop or other third parties at the time of completion of service. Swerve will also collect taxes to be paid to the Auto Shop for parts or services using the tax rates applicable at the location where service is provided. 

  • Changes in pricing. Swerve reserves the right to change pricing at any time prior to vehicle pickup. Any price changes will be communicated in advance and will 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 payment processor to process payments made in the US. In connection with processing payment, Serve does not collect or retain any personal information or any financial information such as full credit card numbers. Rather, all such information is provided directly to our third-party processor, Stripe, whose use of personal information is governed by their privacy policy, which may be viewed at https://stripe.com/privacy. Swerve does not directly collect or store any payment card information entered through our services, but may receive information associated with your payment card information (e.g. 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. Any issues or disputes regarding charges or service quality at the Auto Shop 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.  

  1. Vehicle Condition and Release 

  • Pre-Repair Condition: The Customer acknowledges that it is its responsibility to ensure the vehicle is in proper condition for transport and repair. Swerve is not liable for any existing damage, defects, or issues with the vehicle prior to the Auto Shop's repair services. 

  • Release of Vehicle: The Customer authorizes Swerve to release the vehicle to the Auto Shop for repair and service, and acknowledges that Swerve is not responsible for the condition of the vehicle once the vehicle is delivered to the Auto Shop. 

  1. Limitations of Swerve’s Responsibility 

  • No Liability for Repairs: Customer acknowledges that Swerve is not responsible for any 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. All repairs, services, and warranties are the sole responsibility of the Auto Shop and are governed by the agreements, terms and conditions, or contracts between the Auto Shop and Customer.  

  • No Warranty or Guarantee: Swerve does not offer any warranties, guarantees, or representations regarding the quality, performance, or timeliness of repairs or services performed by the Auto Shop. Any warranties, guarantees, or assurances regarding repairs must be obtained directly from the Auto Shop. 

  1. 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 the failure by Swerve or the driver to exercise reasonable care. 

  • Third-Party Services: Customer acknowledges and agrees that Swerve is not liable for any damages, losses, injuries, claims, liabilities, causes of action, or other issues that may arise from the services performed by the Auto Shop, including but not limited to substandard repairs, errors in repair work, delays, or any accidents occurring while the vehicle is at the Auto Shop. Customer acknowledges and agrees that it must look to the Auto Shop as the sole source of relief or remedy as to any such damages or issues. 

  • Customer’s Responsibility: The Customer is responsible for reviewing the terms and conditions, including warranties and liabilities, of any repair or service agreements directly with the Auto Shop. Customer acknowledges and agrees that Swerve is not a party to any such agreements, and bears no duties or responsibilities under such agreements. 

  1. Limitation of Liability 

  • Exclusion of Liability: To the maximum extent permitted by law, Swerve shall not be held liable for any damages, losses, injuries, claims, liabilities, causes of action, or other issues arising from the repair or service work performed by the Auto Shop, including but not limited to: 

  • Vehicle damage during repair or transport following delivery of the vehicle 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: The Customer agrees to indemnify, defend, and hold harmless Swerve, its officers, employees, agents, and affiliates from and against any and all claims, demands, damages, liabilities, or expenses (including reasonable attorney’s fees) arising out of or in connection with inaccurate information provided by Customer, pre-existing vehicle conditions, items left in the vehicle, any repair work performed by the Auto Shop, or any issues arising after the vehicle is delivered to, or before it is retrieved from, the Auto Shop. 

  • Limitation: To the extent permitted by law, Swerve’s liability shall not exceed the lesser of the cost of repair or the vehicle’s fair market value. To the maximum extent permitted by applicable law, Swerve shall not be liable to Customer for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, data, goodwill, or other intangible losses, arising out of or relating to: 

  • Customer’s access to, use of, or inability to use the App; 

  • Any unauthorized access to or use of Swerve’s systems or servers, including any personal information stored therein; or 

  • Any bugs, viruses, trojan horses, or other harmful code that may be transmitted to or through the App, 

in each case, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Licensor has been advised of the possibility of such damages. 

This 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 any claims to such damages. 

  1. Insurance and Coverage 

  • Customer’s Insurance: The Customer acknowledges and agrees that they are solely responsible for maintaining adequate insurance coverage for their vehicle, including during the repair process at the Auto Shop. Swerve does not provide insurance for repairs or damages that may occur while the vehicle is in the possession of the Auto Shop. 

  • No Liability for Loss or Damage: Swerve is not responsible for any loss, theft, or damage to the vehicle while the vehicle is at the Auto Shop, unless the loss or damage was caused by the 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. 

  1. 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 being conveyed under this Agreement and that Swerve retains full ownership of the App and any associated intellectual property.  

  1. Dispute Resolution 

  • Resolution Process: In the event of a dispute between the Customer and Swerve regarding this Agreement, both parties agree to attempt to resolve the dispute through informal negotiations. If the dispute cannot be resolved informally, the parties agree to attempt to resolve the dispute through formal mediation prior to initiating any lawsuit. Any lawsuit or legal action rising from or relating to this Agreement shall be brought in a court of competent jurisdiction in the City and County of Denver, Colorado.  

  • In any lawsuit or other legal action rising from or relating to this Agreement, the prevailing party shall be entitled to recover its 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 PROVIDED, 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. 

  1. Miscellaneous Provisions 

  • Term: This Agreement shall commence on the date Customer first downloads or uses the App and shall continue until terminated by either party. Swerve may terminate this Agreement immediately at any time at its election. Upon termination, Customer must cease all use of the App and delete all copies of the App from their devices. 

  • Entire Agreement: This Agreement constitutes the entire understanding between the Parties regarding the services provided by Swerve and supersedes all prior and contemporaneous agreements, representations, and understandings, whether written or oral, related to such services. 

  • Assignment: Customer may not assign or transfer this Agreement or any of the rights or duties thereunder without written consent of Swerve. 

  • Amendments: Swerve reserves the right to modify or amend this Agreement at any time. Customer will be notified of any changes, and continued use of the App constitutes acceptance of the modified terms 

  • Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state of Colorado, without regard to its conflict of law principles. 

  • Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect.