Terms of Service
Last updated: April, 2025
Welcome to Swipe! These Terms of Service (“Terms”) are a binding agreement between Swipe Inc. (“Swipe,” “we,” or “us”) and you, the user of our services. “You” may be a Shopify merchant installing/using the Swipe app on your store, or a customer/shopper who purchases Swipe’s package protection at checkout. By accessing or using the Swipe website, app, or services, you agree to these Terms. If you do not agree, please do not use Swipe.
- The Swipe Service
1.1 Description: Swipe provides a package protection service for online orders. This means that when a shopper opts in (for a small fee) at checkout, their order is protected against loss, theft, or damage during shipping. If something goes wrong with a protected order, Swipe facilitates a quick resolution – such as replacing the item or reimbursing the customer – as per our Claims Policy (described below). Swipe is not an insurance company, and our service is not insurance; rather, it is a customer service solution that helps make things right when shipments don’t arrive as expected.
1.2 Parties: If you are a merchant, you are agreeing to these Terms on behalf of your business and you confirm that you have the authority to do so. If you are a shopper using Swipe protection, you agree to these Terms when you opt-in and benefit from the service. There may be provisions here that apply specifically to merchants or to shoppers, and we will clarify where appropriate.
1.3 Eligibility: To use Swipe, you must be at least 18 years old or the age of majority in your jurisdiction. Merchants must have a valid Shopify store and comply with Shopify’s terms as well as applicable laws. We reserve the right to refuse service or revoke access to anyone violating these Terms or engaged in fraudulent or unlawful behavior.
- How Package Protection Works
2.1 For Merchants: Once you install the Swipe app on your Shopify store and configure it, customers will see an option at checkout to add Swipe Package Protection. Swipe may charge the customer a small percentage of the order value (e.g., ~3%) or flat fee as the protection cost. As a merchant, you agree to allow Swipe to handle claims for orders where customers purchased protection. In return, Swipe will facilitate the resolution of those claims and may share a portion of the protection fees or cover the cost of resolutions as per your merchant agreement with Swipe. (Details of revenue share or fees, if any, will be provided in a separate merchant agreement or dashboard info.) Merchants are expected to fulfill replacement orders or authorize refunds when Swipe approves a claim, and Swipe will either reimburse the merchant or handle payment per our arrangement.
2.2 For Shoppers: If you add Swipe Package Protection to your order at a participating merchant’s store, you’ll be charged the displayed protection fee at checkout. In exchange, your order is protected. If your package is lost in transit, stolen upon delivery, or arrives damaged, Swipe’s service entitles you to a resolution (replacement, store credit, or refund) subject to the conditions in our Claims Policy. You will need to file a claim through Swipe (via our online form or link provided) and provide any required information (e.g., order number, photos of damage). Swipe will review your claim and, if approved, coordinate with the merchant to resolve it quickly.
2.3 Not Insurance: We want to be very clear that Swipe’s protection is a service agreement and not an insurance policy. It is not underwritten by an insurance carrier. By opting in, merchants and shoppers acknowledge that this service is governed by these Terms and our policies, and does not carry the same legal protections as insurance. Our goal is to provide a fast, hassle-free remedy for shipping issues as a customer service courtesy.
- Claims Policy
All protected orders are subject to Swipe’s Claims Policy, which is hereby incorporated into these Terms. The Claims Policy outlines:
- What incidents are covered (e.g. lost packages, theft, damage) and any exclusions.
- How to file a claim and required timeframes (for example, filing within a certain number of days after an incident).
- The process we follow to resolve claims (e.g. replacement or refund, and any limits).
Both merchants and shoppers agree to abide by the Claims Policy. (A full copy of the Claims Policy is available below and on our website’s footer.) If a claim is approved, the resolution provided (refund, reorder, etc.) will constitute full satisfaction of that claim. If a claim is denied because it falls outside our coverage or violates our policies (e.g., fraudulent claim, issue not covered), Swipe is not obligated to provide a resolution, and any further remedy would be between the customer and the merchant or shipping carrier.
- User Responsibilities
4.1 Accurate Information: All users (merchants and shoppers) agree to provide accurate information. Shoppers must provide a correct shipping address and truthful details when filing a claim. Merchants must accurately represent product values and order details. Swipe is not liable for losses arising from incorrect information provided by users (for instance, if a shopper enters the wrong address and the package is delivered elsewhere, that may not be covered under the Claims Policy).
4.2 Fraud Prevention: You agree not to misuse Swipe’s service. This means shoppers will not file false or fraudulent claims (e.g., claiming an item was not received when it actually was, or intentionally damaging an item to get a refund). Merchants agree not to game the system (e.g., by inflating prices of protected items in claims or colluding on false claims). Swipe reserves the right to deny claims or terminate service for any user we determine is engaging in fraud or abuse of the service. Such incidents may also be reported to the appropriate authorities.
4.3 Compliance with Laws: You will use Swipe in compliance with all applicable laws and regulations. Merchants are responsible for any regulatory requirements related to offering Swipe in their region (for example, clearly disclosing the optional nature of the protection fee at checkout if required by law). Swipe will likewise comply, but merchants should follow any Shopify rules and local laws when integrating our service.
- Fees and Payment
5.1 For Merchants: Swipe may operate with a revenue-sharing model. By using Swipe, you agree to any fee arrangements separately agreed (e.g., Swipe collecting the protection fees and remitting a portion to you, or you collecting and paying a commission to Swipe). The details will be provided in your merchant account or separate agreement. Swipe will not charge you upfront for the service – the model is typically that it’s free for merchants and funded by the end-customer fees. If this model changes or if there are optional paid features, we will inform you and likely require agreement to updated terms.
5.2 For Shoppers: The fee for Swipe protection is clearly shown at checkout. It’s typically a small percentage of your order total or a flat minimum amount. By opting in and paying that fee, you are obtaining the Swipe protection service for that order. The fee is non-refundable once the order ships, except in cases where we might cancel and refund it (for example, if you cancel your entire order before it ships, the merchant may also refund the protection fee). Any approved claim will result in a replacement or refund of the order value, but the protection fee itself is generally not refunded after the fact (since it paid for the service that was provided in handling the claim).
- Service Availability and Support
We strive to keep Swipe available 24/7 for both merchants (dashboard, app functionality) and shoppers (claim form, tracking). However, we cannot guarantee uninterrupted service. There may be brief downtimes for maintenance or unforeseen technical issues. We will do our best to promptly resolve any outages. Swipe is provided on an “as is” and “as available” basis. Support is available via email (and other channels listed on our Contact page) to assist with any issues. Merchants should report any technical problems or questions to us, and we’ll work to fix them. Shoppers with questions about their protection or claims can contact us or the merchant; we’re here to help facilitate a smooth experience.
- Disclaimer of Warranties
Except as expressly provided in these Terms, Swipe disclaims all warranties of any kind, whether express, implied, or statutory, to the fullest extent permitted by law. This includes any warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that Swipe will always be error-free or that every shipping issue will be resolved to your full satisfaction (for example, there are reasonable limitations in our Claims Policy). However, we do commit to being fair and doing our best to help in each situation. Use of our service is at your own risk.
- Limitation of Liability
To the maximum extent allowed by law, in no event will Swipe or its officers, directors, employees, or agents be liable to you for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (a) your use of or inability to use the Swipe service; (b) any content or data obtained from the service (e.g., reliance on a resolution or lack thereof); or (c) unauthorized access, use, or alteration of your transmissions or data.
For shoppers, Swipe’s total liability for any claim related to a protected order is limited to the value of that order (purchase price plus shipping) – effectively, the amount that would be needed to refund or replace your items. For merchants, Swipe’s liability is limited to the fees (if any) paid by you to Swipe in the past 12 months. We are not liable for unprotected orders or any matters outside the scope of the Swipe service. Some jurisdictions do not allow certain limitations, so some of these may not apply to you – in such cases, our liability is limited to the smallest amount allowed by applicable law.
- Indemnification
You agree to indemnify and hold harmless Swipe and its affiliates and partners from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) that arise from your breach of these Terms or your misuse of the Swipe service. For example, if you are a merchant and you violate Shopify’s rules or laws while using Swipe, or a shopper who files a fraudulent claim causing losses, and Swipe incurs costs or legal penalties as a result, you would be responsible for those costs.
- Termination
10.1 By Merchants: You can uninstall Swipe from your Shopify store at any time to stop offering it. However, you’ll still need to honor any pending protected orders or claims that were made prior to uninstalling (we’ll work with you to resolve those).
10.2 By Swipe: We reserve the right to suspend or terminate your access to the Swipe service (for your store or as a shopper) if we find violation of these Terms, misuse, or for any business reason with notice. We will provide notice via email or through the dashboard if possible. If Swipe discontinues or substantially changes its service, we will give merchants advance notice to allow them to prepare.
10.3 Effect of Termination: Upon termination, sections of these Terms that by their nature should survive will remain in effect (e.g., indemnification, limitation of liability, governing law).
- Changes to the Terms
Swipe may update these Terms of Service from time to time. If we make material changes, we will notify our users (for example, merchants might receive an email or dashboard notification, and we may post an alert on our website for shoppers). The latest version of the Terms will always be available on our website (see the footer link). By continuing to use Swipe after changes take effect, you agree to the revised Terms. If you do not agree with the updates, you should stop using the service.
- Governing Law and Disputes
These Terms are governed by the laws of the State of [State] (USA), without regard to its conflict of law principles. Any disputes arising from or relating to the Swipe service or these Terms that cannot be resolved amicably shall be resolved in the courts of [State] or through an agreed-upon dispute resolution process. (As a startup, we encourage reaching out to us first – we’re confident most issues can be resolved by communication.) Users in other jurisdictions may have additional rights under local law, but this governing law clause will apply to the extent not overridden by any such local laws.
- Contact Information
If you have any questions about these Terms or need to contact us for any reason, please reach out:
Email: support@swipe.ai
Address: Swipe AI Inc 230 E Ohio St. Suite 410 #1400 Chicago, IL 60611
By using Swipe, you confirm that you understand and agree to these Terms of Service. We’re excited to help you and your customers enjoy peace of mind with every package! Thank you for choosing Swipe.