Terms of Service

Effective date: June 15, 2026
Contact: hello@tryswell.co

These Terms of Service ("Terms") govern your access to and use of the Swell macOS application and related services (the "Service") provided by San Gregorio Labs Inc. ("Swell," "we," "us," or "our").

By creating an account or using the Service, you agree to these Terms and our Privacy Policy (https://tryswell.co/privacy). If you do not agree, do not use the Service.

  1. EARLY ACCESS

The Service is currently offered as an early access release. Features, availability, and pricing may change. The Service may experience interruptions, bugs, or discontinuation. We appreciate your feedback during this period.

  1. ELIGIBILITY

You must be at least 18 years old and capable of forming a binding contract. If you use the Service on behalf of an employer or other entity, you represent that you have authority to bind that entity and that your use complies with its policies.

  1. ACCOUNT AND SECURITY

You are responsible for:

  • Maintaining the security of your account and device

  • All activity under your account

  • Notifying us promptly at hello@tryswell.co if you suspect unauthorized access

  1. ACCEPTABLE USE

You agree not to:

  • Use the Service in violation of applicable law or third-party rights

  • Record, transcribe, or process content you do not have the right to process

  • Reverse engineer, scrape, probe, or abuse the Service or its APIs except as permitted by law

  • Share credentials, bypass authentication, or circumvent rate limits

  • Use the Service to develop a competing product through systematic extraction of outputs

  • Introduce malware or interfere with the Service's operation

We may suspend or terminate access for violations.

  1. CALL RECORDING, CONSENT, AND COMPLIANCE

The Service captures microphone and system audio during active coaching sessions.

You are solely responsible for:

  • Obtaining any required consent from call participants

  • Complying with applicable recording, wiretapping, eavesdropping, and privacy laws

  • Following your employer's policies on call recording, AI tools, and customer data

Swell does not provide legal or compliance advice and does not guarantee that your use of the Service complies with your company's policies or applicable law.

  1. YOUR CONTENT

You retain ownership of content you provide through the Service, including call transcripts ("Your Content").

You grant Swell a limited, non-exclusive license to host, process, transmit, and display Your Content solely to provide, maintain, and improve the Service, including sharing with subprocessors listed in our Privacy Policy.

Transcript content is automatically deleted after the retention period described in our Privacy Policy (https://tryswell.co/privacy).

  1. AI-GENERATED COACHING

Coaching suggestions are generated by artificial intelligence. They may be inaccurate, incomplete, outdated, or inappropriate for your situation.

You are solely responsible for your statements and decisions on sales calls. Swell does not provide legal, financial, compliance, or professional sales advice. Do not rely on coaching output as a substitute for your judgment or your organization's policies.

  1. INTELLECTUAL PROPERTY

Swell owns the Service, software, documentation, branding, and related intellectual property, excluding Your Content. These Terms do not grant you any right to use Swell's trademarks, logos, or source code except as needed to use the Service.

Feedback you provide may be used by Swell without restriction or compensation.

  1. THIRD-PARTY SERVICES

The Service integrates with third-party providers (including WorkOS, Deepgram, OpenAI, and Anthropic). Your use may be subject to their terms and policies. Swell is not responsible for third-party services.

  1. DISCLAIMERS

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, secure, or that coaching output will be accurate or suitable for any purpose.

  1. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • SWELL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY.

  • SWELL'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF (A) AMOUNTS YOU PAID SWELL FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the fullest extent permitted by law.

  1. INDEMNIFICATION

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

  • Your use of the Service

  • Your Content

  • Your violation of these Terms or applicable law

  • Your failure to obtain required consents for call recording or processing

  1. TERMINATION

You may stop using the Service at any time. We may suspend or terminate your access at any time for violation of these Terms, risk to the Service or others, or if we discontinue the Service.

Sections that by their nature should survive (including disclaimers, limitation of liability, indemnification, and governing law) survive termination.

  1. GOVERNING LAW AND DISPUTES

These Terms are governed by the laws of California, without regard to conflict-of-law principles.

Except where prohibited, exclusive jurisdiction for disputes arising from these Terms or the Service is in the courts located in San Francisco, California.

  1. GENERAL

Entire agreement: These Terms and the Privacy Policy are the entire agreement regarding the Service.
Severability: If any provision is unenforceable, the remainder stays in effect.
No waiver: Failure to enforce a provision is not a waiver.
Assignment: You may not assign these Terms without our consent. We may assign them in connection with a merger or sale.

  1. CHANGES

We may modify these Terms. We will post updated Terms with a new effective date. Continued use after changes constitutes acceptance. Material changes may be communicated via the app or email.

  1. CONTACT

San Gregorio Labs Inc.
Email: hello@tryswell.co
Address: 2 Wall Place Suite C, San Francisco, CA 94109