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Terms of Service

Last updated: April 7, 2026

These Terms of Service ("Terms") govern your access to and use of the Swell (the "Service") provided by Swell ("Swell," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

1. Description of the Service

Swell is a B2B productivity tool for sales Account Executives. The Service connects to your Google Account (Gmail and Google Calendar) to generate AI-assisted draft follow-up emails after sales calls. Drafts are placed in your Gmail Drafts folder for your review — they are never sent automatically.

2. Google Account Authorization

To use the Service, you must authorize Swell to access your Google Account using OAuth 2.0. By granting authorization, you permit us to access your Gmail (read-only), create Gmail drafts on your behalf, and read your Google Calendar events, as described in our Privacy Policy.

Revoking Access: You may revoke Swell's Google Account permissions at any time by visiting https://myaccount.google.com/permissions, selecting the Swell application, and clicking Remove Access. Revoking access will disable the Service for your account. This does not automatically delete your stored data — to request data deletion, contact us at [INSERT SUPPORT EMAIL].

3. Your Responsibility for Email Content

You are solely responsible for the final content of any email you send.

The Service uses artificial intelligence to generate draft suggestions based on meeting context and your historical writing style. These drafts are placed in your Gmail Drafts folder with no recipient address. You must:

  1. Review the draft in full before sending.
  2. Verify that the content is accurate, appropriate, and compliant with any applicable laws or your organization's policies.
  3. Add the correct recipient(s) before sending.
  4. Make any edits you deem necessary.

Swell disclaims all liability for the content of any email you choose to send. We make no representation that AI-generated drafts are accurate, complete, legally compliant, or suitable for any particular purpose or recipient.

4. Acceptable Use

You agree not to use the Service to:

  • Violate any applicable federal, state, local, or international law or regulation.
  • Send spam, unsolicited commercial email, or bulk email communications.
  • Harass, abuse, or harm any individual.
  • Circumvent any technical or security measures of the Service or Google's systems.
  • Attempt to gain unauthorized access to any accounts, systems, or networks.
  • Use the Service in a manner that violates Google's Terms of Service or API policies.

We reserve the right to suspend or terminate your access to the Service immediately if we determine, in our sole discretion, that you have violated these Terms.

5. Service Provided "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SWELL EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
  • WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR HARMFUL COMPONENTS.
  • WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY AI-GENERATED DRAFT OR OTHER OUTPUT.

AI-generated content is probabilistic and may be incorrect, incomplete, or inappropriate. You assume all risk for your reliance on or use of any content generated by the Service.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SWELL, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

  • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
  • LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL.
  • DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE.
  • DAMAGES ARISING FROM THE CONTENT OF ANY EMAIL DRAFTED OR SENT BY YOU USING THE SERVICE.

IN ANY CASE, SWELL'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO SWELL IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

7. Indemnification

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

  • Your use of the Service or violation of these Terms.
  • Any email you draft, modify, or send using the Service.
  • Your violation of any third party's rights, including Google's Terms of Service.

8. Third-Party Services

The Service integrates with third-party platforms including Google (Gmail and Google Calendar APIs) and Anthropic (AI model API). Your use of those platforms is governed by their respective terms of service and privacy policies:

We are not responsible for the availability, accuracy, or practices of these third-party services.

9. Intellectual Property

All intellectual property rights in the Service (excluding your data and AI-generated output derived from your data) are owned by Swell. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes in accordance with these Terms. No other rights are granted.

AI-generated draft content produced by the Service from your data is provided to you for your use. We claim no ownership over the specific email drafts generated on your behalf.

10. Termination

We may suspend or terminate your access to the Service at any time, with or without cause or notice. Upon termination:

  • Your right to use the Service immediately ceases.
  • We may retain or delete your stored data in accordance with our Privacy Policy and applicable law.

You may stop using the Service at any time by revoking Google OAuth access (see Section 2) and contacting us to delete your account.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of [INSERT STATE], without regard to conflict of law principles. Any disputes arising from these Terms or the Service will be resolved exclusively in the state or federal courts located in [INSERT JURISDICTION].

12. Changes to These Terms

We may modify these Terms at any time. Material changes will be communicated by updating the "Last updated" date above and, where appropriate, notifying you by email. Continued use of the Service after changes take effect constitutes your acceptance of the revised Terms.

13. Contact

For questions about these Terms, please contact us at:

Email: kai.jarmon@gmail.com