Swaystack

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Terms of Service

Please read these Terms of Service (“Terms”) carefully as they govern your use of Swaystack’s platform and services. By accessing or using our platform, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use the platform.

1. Definitions

  • “Platform” refers to the Swaystack website, platform, or mobile application through which services are provided.
  • “Services” means the digital onboarding services provided by Swaystack, which include, but are not limited to, gamified onboarding and personalized engagement, using data from financial institutions and third-party providers.
  • “User” refers to any individual or entity accessing the Platform.
  • “Financial Institution” refers to any bank, credit union, or financial service provider that engages with Swaystack for onboarding or related services.
  • “Third-Party Providers” refers to services like Plaid, Atomic, and KnotAPI and others that integrate with Swaystack to facilitate services such as instant account verification, direct deposit switching, and subscription transfer.
  • “Your Data” refers to any personal, financial, or employment-related information provided by you, or obtained from financial institutions or third-party providers in relation to your use of the Services.

2. Agreement to Terms

By accessing the Swaystack platform and services, you accept these Terms, including the Privacy Policy (https://swaystack.com/privacy-policy). If you are using the platform on behalf of an entity, you confirm you have the authority to bind that entity to these Terms.

3. Services Overview

Swaystack provides a platform that helps financial institutions improve user engagement and onboarding processes through gamified experiences. This includes:

  • Data Processing: Collecting and processing user data from financial institutions and third-party services to facilitate onboarding and account setup.
  • Onboarding Gamification: Offering institutions tools to create engaging onboarding flows for their users.

Swaystack’s platform may offer incentives or rewards as part of the gamified experience. Users should be aware of the following:

  • Eligibility: Incentives may be subject to eligibility criteria set by Swaystack or the partnering financial institution.
  • Variability: The nature, value, availability, and additional terms of incentives may vary between financial institutions and may change over time.
  • Limitation of Liability: Swaystack is not responsible for the failure of any financial institution to honor or pay out any offered incentives. Users acknowledge that all incentives are subject to final review and approval by Swaystack and financial institution.
  • Modifications: Swaystack and partnering financial institutions reserve the right to modify, suspend, or terminate any incentive program at any time without prior notice.
  • Tax Implications: Users are responsible for any tax implications that may arise from receiving incentives or rewards through our platform.

Participation in gamification features or incentive programs is voluntary. Swaystack does not guarantee that participation will result in any specific outcome, including but not limited to financial gains or preferential treatment from financial institutions.

4. User Data & Authorization

By using our platform, you authorize Swaystack to:

  • Collect and Process Data: Obtain and process your personal and financial data from financial institutions and third-party providers to complete services like direct deposit setup, subscription transfers, and onboarding actions.
  • Third-Party Access: Share your information with trusted third parties (e.g., KnotAPI, Plaid, Atomic) to complete specific transactions and services as authorized by you.
  • Agency Authorization: You grant Swaystack authority to act as your agent in interacting with third-party services, including but not limited to instant account verification, direct deposit switching, and subscription management.

Users retain ownership over any data they provide directly to Swaystack or through financial institutions and third-party providers. Swaystack will only use this data to provide the services described in these Terms or as otherwise authorized by the user. Financial institutions may also retain ownership of certain data they provide, as stipulated in separate agreements with Swaystack.

Data Retention: Swaystack will retain personal and financial data only for as long as necessary to fulfill the purposes outlined in these Terms or as required by law. Users may request deletion of their data by contacting Swaystack at support@swaystack.com, subject to our legal obligations to retain certain data.

5. Your Responsibilities

You are responsible for:

  • Accurate Information: Providing complete and accurate data to facilitate the services provided by Swaystack.
  • Legal Compliance: Ensuring your use of the platform and services complies with all applicable laws and regulations.
  • Securing Credentials: Maintaining the confidentiality of your login credentials.

6. Third-Party Providers

Swaystack integrates with trusted third-party providers (e.g., Plaid, KnotAPI, Atomic) to facilitate specific services. While we take care to select and work with reliable partners, Swaystack is not responsible for any errors, breaches, or performance issues caused by these third-party providers. By using the platform, you authorize Swaystack to share necessary data with these providers to complete requested services.

Data Sharing: By using our services, you consent to sharing your data with these third-party providers solely to facilitate the requested services (e.g., direct deposit switching, subscription transfer). Users may revoke this consent at any time by discontinuing the use of Swaystack’s services.

While Swaystack facilitates connections with third-party providers, you may be subject to additional terms and conditions set by these providers. We recommend reviewing the privacy policies and terms of service for any third-party services you engage with through our Platform.

7. Data Privacy & Security

Swaystack is committed to protecting your data. We maintain administrative, technical, and physical safeguards to secure your personal information. However, by using the platform, you acknowledge that no transmission of data over the internet is entirely secure, and Swaystack cannot guarantee absolute security.

In the event of a data breach that compromises personal or financial data, Swaystack will notify affected users as required by law. Notifications will include details about the breach, what information was affected, and steps users should take to protect themselves. Swaystack will also take appropriate measures to contain and address the breach.

For more details, please refer to our Privacy Policy (https://swaystack.com/privacy-policy).

8. Limitation of Liability

While we strive to ensure seamless services, Swaystack is not responsible for any financial loss, failure, or delay resulting from incorrect or incomplete information provided by you, the financial institution, or third-party providers. To the fullest extent permitted by law, Swaystack is not liable for:

  • Any indirect, incidental, or consequential damages arising from your use of the platform or services.
  • Any issues or damages caused by third-party providers or financial institutions.
  • Any unauthorized access to or use of your data.

9. Indemnification

You agree to indemnify, defend, and hold harmless Swaystack, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the Platform, your violation of these Terms, or your infringement of any third-party rights.

10. Intellectual Property

All content, features, and functionality of the Platform, including but not limited to text, graphics, logos, and software, are the exclusive property of Swaystack or its licensors. Users are granted a limited, non-exclusive license to use the Platform for its intended purpose. Any unauthorized use, reproduction, or distribution of the Platform’s content is strictly prohibited.

11. Termination

Either party may terminate these Terms at any time. Upon termination, your access to the platform will cease, and Swaystack will no longer provide services. You may export any stored data before it is permanently deleted from our systems, subject to financial institution requirements.

12. Changes to Terms

Swaystack reserves the right to update these Terms periodically. We will notify you of any changes by posting the updated Terms on our platform. Continued use of the platform after any updates will indicate your acceptance of the new Terms.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles.

14. Dispute Resolution

Any dispute arising from these Terms will be resolved through binding arbitration conducted by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will take place in Wilmington, DE.  The arbitrator’s decision will be final and binding. You agree to resolve any disputes on an individual basis and waive any right to pursue claims on a class or representative basis.

15. Contact Information

If you have any questions or concerns regarding these Terms, you can reach us at:

Swaystack, Inc.

support@swaystack.com