Terms Of Service

Effective Date: September 16, 2025

These Terms and Conditions (“Terms”) govern your use of Swamped’s websites, products, services, and platforms (“Services”). By accessing or using any Services, you (“Client,” “you”) agree to be bound by these Terms, our Privacy Policy, and any updates posted from time to time. If you do not agree, you may not use the Services.

1. Acceptance of Terms

By accessing, purchasing, or using any part of our Services, you acknowledge and agree that these Terms form a binding legal agreement between you and Swamped. These Terms apply to all visitors, users, and clients. Continued use after updates are posted constitutes acceptance of revised Terms.

2. Scope of Services

Swamped provides, among other things, website design, digital advertising management, CRM access, SEO, email and SMS automation, toolkits, guides, affiliate resources, and other marketing or business growth services, now or in the future. Swamped may modify, suspend, or discontinue any Service at any time, in its sole discretion, without liability.

3. Payments, Refunds & Chargebacks

All fees are final and non-refundable.
Client agrees not to initiate chargebacks. Any attempt to do so constitutes breach of these Terms, and Client shall reimburse Swamped for all costs, fees, and damages incurred in contesting such action.
Payment plans must be completed in full. Canceling service does not cancel outstanding payment obligations.
Client is responsible for all applicable taxes, fees, or charges.
Failure to pay may result in immediate suspension or termination of Services, with all amounts still due.

4. Standards of Service

All Services are provided on an “as-is” and “as-available” basis. Swamped, in its sole discretion, determines whether any deliverables or Services meet acceptable standards. No external, third-party, or industry benchmarks apply. If Swamped considers Services complete, they shall be deemed complete.

5. Intellectual Property

Swamped’s IP: All systems, methods, processes, templates, campaigns, automations, training content, and know-how remain the exclusive property of Swamped.
Client Deliverables: Client owns final deliverables explicitly purchased (e.g., a completed website), but not the processes, templates, or proprietary methods used to create them.
License: Client receives only a limited, non-transferable license to use deliverables for internal business purposes.
Restrictions: Client may not copy, resell, reproduce, share, reverse-engineer, or otherwise exploit Swamped’s IP without prior written consent.

6. Case Studies & Marketing Rights

Client grants Swamped the right to use deliverables, results, logos, testimonials, and brand references for marketing, case studies, portfolio, or promotional purposes, unless otherwise agreed in writing.

7. Client Responsibilities

Provide accurate, complete, and timely information, access, and approvals.
Ensure all materials and deliverables comply with laws, regulations, and licensing requirements (e.g., contractor license numbers on websites or ads). Swamped disclaims any liability for Client’s failure to meet legal obligations.
Use CRM, email, SMS, and marketing tools only in compliance with applicable laws (e.g., CAN-SPAM, TCPA, GDPR, CCPA). Swamped is not liable for misuse.
Maintain confidentiality of login credentials and account access.

8. Third-Party Vendors

Swamped may use third-party vendors (e.g., Google, HighLevel, Jabber, Stripe, hosting, analytics). Client agrees to abide by third-party terms and acknowledges Swamped is not liable for outages, failures, breaches, or policy changes of such vendors.

9. Disclaimers of Warranties

Swamped makes no guarantees of specific results, including but not limited to increased leads, revenue, ROI, rankings, or customer acquisition. Services are provided “as-is” and “as-available,” without warranties of any kind, express or implied. Client acknowledges all investments carry risk.

10. Limitation of Liability

To the maximum extent permitted by law, Swamped’s total liability is capped at the lesser of: (a) fees paid by Client in the 30 days preceding the claim, or (b) $500. Swamped shall not be liable for lost profits, lost business, consequential damages, or any delays or failures in performance, whether or not within Swamped’s control.

11. Indemnification

Client agrees to indemnify, defend, and hold harmless Swamped, its affiliates, and agents from any claims, damages, fines, liabilities, or expenses (including legal fees) arising out of Client’s use of the Services, misuse of CRM/email/SMS, failure to comply with laws, or third-party disputes relating to Client’s business.

12. Termination

Swamped may suspend or terminate Services at any time, with or without cause, in its sole discretion.
Termination does not relieve Client of payment obligations. All fees remain due.
Portfolio, IP, indemnification, payment, and limitation of liability provisions survive termination.

13. Automated Renewals

Subscriptions automatically renew unless canceled in writing prior to the renewal date. No partial or pro-rata refunds are given for unused time.

14. Non-Disparagement

Client agrees not to defame, disparage, or publicly criticize Swamped. All disputes must be resolved privately as outlined in the Dispute Resolution section.

15. Dispute Resolution & Arbitration

At Swamped’s sole election, any dispute shall be resolved by binding arbitration in a location chosen by Swamped, administered by a recognized arbitration provider. Swamped may alternatively elect to pursue claims in a court of competent jurisdiction. Client waives any right to a jury trial. Client further waives any right to participate in a class, collective, or representative action. All claims must be brought individually.

16. Governing Law & Venue

This Agreement shall be governed by the laws of the State of Michigan, or such other jurisdiction as Swamped may designate from time to time. Venue for disputes shall be in the location selected by Swamped, in its sole discretion.

17. Force Majeure

Swamped shall not be liable for any delay or failure in performance, whether or not caused by events beyond its control, including but not limited to natural disasters, illness, strikes, pandemics, vendor outages, government actions, or Swamped’s internal business decisions.

18. Portfolio Rights

Swamped retains the right to display, reproduce, or use any deliverables, campaigns, or creative work in its portfolio, marketing, and promotional materials, regardless of Client’s status.

19. Data Retention

Swamped may retain anonymized or aggregated Client data indefinitely for legitimate business purposes, analytics, or product improvement.

20. Modifications to Terms

Swamped may amend these Terms at any time by posting updates on its website. Continued use of Services constitutes acceptance of revised Terms.

21. Miscellaneous

Entire Agreement: These Terms and our Privacy Policy constitute the full agreement, superseding prior promises.
Severability: If any clause is found invalid, the remainder shall remain enforceable.
Survival: Payment, IP, indemnification, limitation of liability, and dispute resolution provisions survive termination.