Terms of Use

These Terms of Use ("Terms") are a legally binding agreement between SwipePro LLC, an Alabama limited liability company ("SwipePro," "we," "us," or "our"), and you ("you" or "User").

These Terms govern your access to and use of SwipePro's website(s), mobile application(s), and related software, tools, and services (collectively, the "Platform").

1. Eligibility and Authority

You must be at least eighteen (18) years old and capable of forming a binding contract under applicable law.

If you use the Platform on behalf of a business or legal entity, you represent and warrant that you have full authority to bind that entity to these Terms.

2. Nature of the Platform

SwipePro provides a software platform only.

SwipePro is NOT:

• A bank
• A money transmitter
• A payment network
• A financial institution
• The merchant of record for any transaction

Users of the Platform are independent businesses and are solely responsible for the goods and services they provide to their customers.

3. Payment Processing and Stripe

Payment processing services are provided by third-party processors, including Stripe, Inc. and its affiliates ("Payment Processors").

SwipePro does NOT:

• Control payment authorization decisions
• Control settlement timing
• Control reserves, holds, reversals, or chargebacks
• Guarantee transaction approval or payout timing
• Have access to or store full payment card numbers

You acknowledge and agree that:

• You are the merchant of record for all transactions
• You are solely responsible for your customers, pricing, refunds, disputes, taxes, and regulatory compliance
• You are bound by the Payment Processor's terms of service and policies
• SwipePro bears no liability for Payment Processor actions, decisions, or policies

4. Fees and Payments

Current fees are disclosed within the Platform. You are responsible for all applicable fees, including SwipePro platform fees, Payment Processor fees, and any applicable taxes.

SwipePro may modify fees with thirty (30) days' advance notice. Continued use constitutes acceptance.

Platform fees are non-refundable except as required by law.

5. Account Registration and Security

You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

You are responsible for:

• Safeguarding your account credentials
• All activity that occurs under your account
• Immediately notifying SwipePro of any unauthorized access

6. User Responsibilities

You agree to:

• Provide accurate and current information at all times
• Comply with all applicable federal, state, and local laws
• Comply with Payment Card Industry Data Security Standards (PCI-DSS)
• Use the Platform only for lawful business purposes
• Respond promptly to customer disputes and chargebacks

7. SMS/Text Messaging Terms

SwipePro enables service providers ("Merchants") to send one-time transactional SMS messages (payment receipts) to their end customers upon completion of a transaction. By using this feature, you (the Merchant) acknowledge and agree to the following:

• Transactional only: SMS receipts sent through SwipePro are transactional. You shall not use the SMS receipt feature to send marketing, promotional, follow-up, or recurring messages of any kind.
• Customer consent — your responsibility: You must obtain your customer's explicit verbal consent before entering their phone number into the SwipePro app to send a receipt. By tapping “Confirm Consent & Send Receipt” on the receipt screen you affirm to SwipePro that the customer has given that consent.
• In-app acknowledgement: Whenever a phone number is in scope, the SwipePro app shows an inline consent disclosure under the phone field summarizing what will be sent (single SMS, STOP/HELP, msg & data rates) and changes the bottom action button to “Confirm Consent & Send Receipt.” You must tap that button for every receipt; tapping Cancel aborts the send.
• Frequency: One (1) message per completed transaction.
• Carrier disclaimer: Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.
• STOP / HELP: Recipients may reply STOP at any time to opt out of future messages, or HELP for assistance. You agree not to attempt to circumvent or work around customer opt-outs.
• Phone-number handling: Customer phone numbers collected for SMS receipts are used solely for delivering the requested receipt and enforcing opt-outs. They are not sold or shared with third parties for marketing.
• Indemnification: You agree to indemnify and hold SwipePro harmless from any claim, complaint, fine, or carrier penalty (including TCPA claims) arising from your failure to obtain valid customer consent before triggering an SMS receipt through the Platform.

8. Tax Responsibilities

You are solely responsible for:

• Determining what taxes apply to your transactions
• Collecting and remitting all applicable taxes
• Filing all required tax returns and reports

SwipePro does NOT provide tax advice or bear any responsibility for your tax obligations.

9. Prohibited Uses

You may NOT use the Platform to:

• Engage in any illegal, deceptive, or fraudulent activity
• Sell prohibited or restricted goods or services
• Reverse engineer, decompile, or bypass security features
• Violate intellectual property rights
• Engage in harassment, threats, or abusive behavior

Prohibited business types include: illegal products, adult content, gambling (unless licensed), weapons, controlled substances, counterfeit goods, and any business prohibited by Stripe's Restricted Businesses list.

10. Intellectual Property

The Platform, including all software, designs, logos, and content, is owned by or licensed to SwipePro LLC. "SwipePro" and associated logos are trademarks of SwipePro LLC.

You receive only a limited, revocable, non-exclusive, non-transferable license to use the Platform in accordance with these Terms.

11. Electronic Communications

By using the Platform, you consent to receive electronic communications including emails, push notifications, in-app messages, and SMS/text messages. Text STOP to cancel SMS messages.

12. Suspension and Termination

You may terminate your account at any time by contacting admin@swipeproapp.com.

SwipePro may suspend or terminate your access at any time, with or without cause, for violation of these Terms, risk mitigation, or legal compliance.

13. Disclaimer of Warranties

14. Limitation of Liability

15. Indemnification

You agree to defend, indemnify, and hold harmless SwipePro LLC from all claims, damages, losses, and expenses arising from your use of the Platform, your business activities, payment disputes, or violations of these Terms.

16. Dispute Resolution and Arbitration

Before formal dispute resolution, contact admin@swipeproapp.com to attempt informal resolution for at least 30 days.

All disputes shall be resolved by binding arbitration administered by the AAA in Jefferson County, Alabama. You may opt out within 30 days of accepting these Terms.

17. Governing Law

These Terms are governed by the laws of the State of Alabama. For matters not subject to arbitration, you consent to the exclusive jurisdiction of courts in Jefferson County, Alabama.

18. California Residents

California users may contact the Complaint Assistance Unit of the Division of Consumer Services at 1625 North Market Blvd., Sacramento, CA 95834, or (800) 952-5210.

19. General Provisions

Modifications: SwipePro may modify these Terms at any time with notice.

Severability: Invalid provisions shall be modified to be enforceable; remaining provisions continue in effect.

Entire Agreement: These Terms and the Privacy Policy constitute the entire agreement.

Force Majeure: SwipePro is not liable for delays due to causes beyond its control.

20. Contact Information

For questions about these Terms, contact:
SwipePro LLC
Email: admin@swipeproapp.com