Terms of Service

Effective date: October 23, 2026

Who We Are

Swell Time Tracking ("Swell") is operated by Relay Capital, LLC ("we," "us"). These Terms of Service ("Terms") are an agreement between Relay Capital, LLC and the person or business that uses our website, platform, and related services (the "Services") ("you"). By accessing or using the Services, you agree to be bound by these Terms. If you accept them for a business, you confirm you can bind it.

Eligibility

You must be at least 18 years old and able to form a binding contract to use the Services. By using the Services, you represent that you meet these requirements.

Business Use

Swell is offered for business and professional use, not for personal, family or household purposes. If you plan to use it for non-business purposes, tell us before you sign up.

Your Account

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to notify us immediately of any unauthorized use. We reserve the right to suspend or terminate accounts that violate these Terms.

Acceptable Use

You will not, and will not let anyone else:

• Use the Services for any unlawful purpose or in violation of any applicable law, infringe others' rights, or send spam or harmful code.
• Create accounts with false information, in bulk or by automated means, or to get around limits, trials, suspensions or bans.
• Impersonate any person or entity, or misrepresent your affiliation with a person or entity.
• Access the Services to build, train, benchmark or copy a competing product, or to collect information about the Services for a competitor.
• Copy, resell, sublicense or frame the Services, or reverse engineer them except where law allows despite this restriction.
• Scrape, overload or disrupt the Services or servers or networks connected to them, or use automated means to access the Services without our prior written consent.
• Attempt to gain unauthorized access to any part of the Services or any systems or networks connected to them, or probe, scan or test their security without our written permission.

Subject to applicable law, we may refuse service, and may suspend or close any account, at our discretion, including when we reasonably suspect a breach of this section.

Services and Time Tracking

Swell provides time tracking, reporting, and invoicing tools for businesses. We do not provide the underlying services that businesses offer to their clients. Each business using Swell is solely responsible for its own services, pricing, and obligations to its clients.

Third-Party Integrations

The Services may integrate with third-party services such as Wave and Stripe. Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for the availability, accuracy, or practices of any third-party service.

Payments, Cancellation and Refunds

Certain features of the Services require a paid subscription. By subscribing, you agree to pay the applicable fees. Fees are billed in advance on a recurring basis. Plans start with a 14-day trial; if you do not cancel before the trial ends, your subscription converts to a paid plan.

You can cancel at any time from the billing page in your account (through the billing portal) or by emailing hello@swelltimetracking.com. Cancellation takes effect at the end of the current billing period; you keep access until then and are not charged again. Fees are not prorated or refunded for partial periods, except where the law requires. If you ask within 14 days of your first paid charge, we will refund that charge in full. If we close your account for a reason other than your breach of these Terms, we will refund the unused part of your prepaid period. We may change prices for future periods with at least 30 days' notice; the new price applies from your first renewal after that notice. Any other refund or credit is at our discretion and does not change this policy.

Please contact hello@swelltimetracking.com before disputing a charge with your bank; we can usually resolve billing problems faster. We may suspend an account with an open payment dispute until it is resolved.

Intellectual Property

The Services and all associated content, features, and functionality are owned by Relay Capital, LLC and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Services without our prior written consent.

User Content

You retain ownership of any content you submit through the Services, such as business information, client data, time entries, and project details. By submitting content, you grant us a limited license to use, store, and process that content solely to provide and improve the Services.

Availability, Backups and Security

The Services are provided "as is" and "as available." We do not promise that they will be uninterrupted, error-free or available at any particular time, and we may change, suspend or discontinue features. We take reasonable steps to protect and back up data, but backups are best effort and no system is completely secure. Keep your own copies of anything you cannot afford to lose, such as time entries and invoices you need for your records. We are not responsible for downtime, data loss or unauthorized access caused by third parties, by events outside our reasonable control, or by your own systems or credentials. Downtime does not entitle you to refunds or credits.

Disclaimer of Warranties

To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement. You are responsible for decisions you make based on the Services' output, including reports and invoice amounts.

Limitation of Liability

To the fullest extent the law allows, neither Relay Capital, LLC nor its members, officers, employees or contractors will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, goodwill or data, even if advised they were possible. Our total liability for all claims arising out of these Terms or the Services is limited to the greater of the fees you paid us in the 12 months before the event giving rise to the claim, or US$100. These limits apply whatever the legal theory and even if a remedy fails of its essential purpose. Nothing in these Terms excludes or limits liability for fraud, gross negligence or willful misconduct, for death or personal injury caused by our negligence, or any liability that cannot be limited by law.

Indemnification

You will defend and indemnify Relay Capital, LLC against third-party claims, and the related losses and reasonable legal fees, arising from your content or data, your clients or end users, your use of the Services in breach of these Terms, or your violation of law or of someone else's rights, except to the extent a claim is caused by our breach of these Terms.

Force Majeure

We are not responsible for delays or failures caused by events outside our reasonable control, including outages or failures at hosting, network, payment, email or other third-party providers, attacks, natural disasters, labor disputes and government action.

Termination

We may suspend or terminate your access to the Services at any time, with or without cause or notice, subject to the refund rule above. Upon termination, your right to use the Services will immediately cease. You may request deletion of your account data by contacting us.

Disputes and Governing Law

Before filing a claim, contact us at hello@swelltimetracking.com and give us 30 days to resolve it informally. These Terms are governed by Wisconsin law, without regard to conflict-of-law rules. Disputes will be brought only in the state or federal courts serving Milwaukee County, Wisconsin, and both parties consent to that jurisdiction, except that either party may bring an individual claim in small claims court. Claims must be brought individually, not as a plaintiff or class member in a class, collective or representative action, and, to the extent permitted by law, both parties waive trial by jury. Any claim must be filed within one year after it arises, or it is permanently barred. This deadline does not apply to claims for unpaid fees, to indemnity claims, or to claims about infringement or misuse of either party's intellectual property. Where the law of your country or state gives you the right to bring claims in your local courts or forbids any part of this section, that law applies and the rest of this section still applies to the fullest extent allowed.

Changes to These Terms

We may update these Terms and will change the effective date when we do. Material changes take effect for existing paying customers 30 days after we notify them by email or in Swell, and for everyone else when posted. Continuing to use the Services after a change takes effect means you accept it.

If you were a customer before October 23, 2026, these updated terms apply to you 30 days after we email you about them; until then the previous version applies.

General

These Terms, with the Privacy Policy, are the whole agreement. If a provision is unenforceable, the rest stays in effect. Not enforcing a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of Swell.

Contact Us

If you have questions about these Terms, contact us at hello@swelltimetracking.com.