Terms and Conditions

User Obligations

To foster a secure and effective use of the Swytch-Swap platform, all users are required to adhere to specific obligations and responsibilities, ensuring smooth operations and maintaining the trust of the Swytch-Swap community. These obligations encompass account creation requirements, listing and reservation duties, and adherence to platform policies.

User Account Creation Requirements

To start using Swytch-Swap, users must first create an account by providing accurate and current personal information, including a valid email address, phone number, and any other details requested during the registration process. Users are responsible for maintaining the confidentiality of their login credentials and for all activities conducted through their account. It is imperative that users ensure their account information remains up-to-date and reflective of their current circumstances. Failure to provide accurate and complete information during account creation may result in restricted access to Swytch-Swap services or account termination.

User Obligations for Accurate Listing and Reservations

Users who participate as listers must provide truthful and detailed descriptions of available parking spaces, including the precise time they expect to vacate the spot. This obligation ensures that seekers can plan their schedules effectively and rely on the listings for stress-free parking solutions. Listers are expected to update or remove listings promptly if their availability changes. For seekers, making reservations requires a commitment to occupy the reserved space at the designated time. This commitment significantly enhances the dependability factor of Swytch-Swap, creating a trustful and efficient user experience.

Both listers and seekers must communicate transparently and adhere to all in-app instructions and guidelines to maintain the platform's integrity. Misleading listings, inaccurate reservations, or non-compliance with Swytch-Swap's protocols undermine the system's reliability and frustrate other users.

Consequences for Violating User Obligations

Swytch-Swap is committed to maintaining a fair and trustworthy marketplace. Users who violate their obligations by providing false information, failing to fulfill listings, or secure reservations disrupt the harmony of the community and may face consequences. Such breaches may lead to warnings, temporary suspensions, or permanent banning from the platform.

In addition to removal from Swytch-Swap, users found guilty of repeated and severe violations might face legal ramifications depending on the nature of their actions. The platform reserves the right to review accounts and take necessary action to protect its users and uphold its commitment to reliability and trust.

By understanding and agreeing to these obligations, users contribute to a successful peer-to-peer parking marketplace, allowing Swytch-Swap to deliver on its promise of certainty, reliability, and user satisfaction.

Payment Terms

Payment Terms

Swytch-Swap operates on a clear and structured payment schema to ensure transparency and fairness for all its users. The payment terms outlined in this section are crucial for facilitating seamless exchanges and maintaining the marketplace's integrity.

Seeker Fees

At the core of Swytch-Swap's revenue model are seeker fees. These fees are imposed on drivers, referred to as seekers, who choose to reserve a guaranteed parking space listed by another user. The seeker fees are a reflection of the inherent value of certainty and time savings provided by our platform, especially in high-demand urban environments where parking is scarce and valuable.

Seeker fees vary based on factors such as demand, location, and the predicted availability of parking spaces. This dynamic pricing model ensures that seekers who benefit from the convenience of pre-reserved parking contribute equitably to the platform's sustainability, while also incentivizing listers to continue providing spots in an ever-competitive market.

Service Fees

In addition to seeker fees, Swytch-Swap charges service fees on each transaction. These service fees are applied to cover the costs of maintaining and improving the platform, including server costs, customer support, security measures, and continuous product innovation.

Service fees are essential for ensuring that Swytch-Swap not only functions smoothly but also evolves to meet user needs effectively. By supporting these operational costs, the service fees help Swytch-Swap remain an innovative and reliable marketplace.

Subscription Model and Benefits

To offer enhanced experiences and increased value, Swytch-Swap provides a subscription model priced at $9.99 per month. Subscribers receive exclusive benefits that heighten their use of the platform. These benefits may include prioritization in parking spot reservations, access to premium customer support, and regular promotional offers that are only available to subscribers.

The subscription model serves as an additional revenue stream for Swytch-Swap, helping stabilize cash flow and promote user retention. It also rewards regular users who depend on the platform consistently, ensuring they receive priority access and enhanced features, which complements the basic and transaction-based functionalities available to all users.

Through this structured payment framework, Swytch-Swap remains committed to delivering value, reliability, and the highest quality of service. Users are encouraged to carefully review these terms to understand their financial implications fully, ensuring informed participation in our marketplace.

User Data and Privacy Policy

Swytch-Swap is committed to safeguarding user privacy and maintaining compliance with relevant data protection laws. In this section, we clarify our data collection and usage policies, detail the measures we implement to protect your information, and outline your rights regarding personal data.

Data Collection and Usage Policies

When you use the Swytch-Swap app, we collect certain personal information essential for facilitating seamless transactions within our marketplace. This may include your name, contact information, payment details, and location data. Additionally, we collect non-personal data, such as device information and usage statistics, to improve our services and user experience.

The personal information collected is primarily used to authenticate users, process payments, and provide location-based services integral to the platform's functionality. Non-personal data is leveraged to optimize the app, tailor user experiences, and ensure the efficient operation of the Swytch-Swap marketplace. We may share aggregated information with third parties for research and analytical purposes, ensuring that it is anonymized and cannot be traced back to individual users.

Data Protection Measures

Swytch-Swap employs robust security measures to protect your personal data from unauthorized access, disclosure, alteration, or destruction. We use encryption protocols to secure sensitive information during transmission and storage. Our servers are housed in secure facilities, and we apply industry-standard firewall protections and access controls to safeguard the data contained within.

Moreover, we conduct regular security audits to identify potential vulnerabilities and enhance our security framework continually. We also adhere to industry best practices regarding data minimization, ensuring that we only retain personal information for as long as necessary to fulfill the purposes for which it was collected or as required by law.

User Rights Regarding Personal Data

Swytch-Swap recognizes user rights under applicable data protection laws, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). As a user, you have the right to request access to your personal data and obtain a copy of the information we hold about you. You may also request the correction of any inaccurate or incomplete data.

Additionally, you have the right to request the deletion of your personal data under certain circumstances, such as when the data is no longer necessary for the purposes it was collected. You may also object to the processing of your personal data or request it be restricted to specific uses.

To exercise these rights, please contact our Data Protection Officer at the email address provided in our app. We strive to respond to all requests promptly and handle them in compliance with applicable laws.

Swytch-Swap's commitment to privacy is central to our ethos, ensuring that users can confidently engage with our platform, knowing their data is handled with care and integrity. We encourage all users to review this policy frequently, as we may update it to reflect changes in legal requirements or our practices.

Limitations of Liability

Limitation of Swytch-Swap's Liability

Swytch-Swap, while committed to providing a reliable peer-to-peer parking marketplace, seeks to establish clear limitations on its liability to manage user expectations and legal accountability. It is important for all users to understand that Swytch-Swap acts solely as a facilitator of parking space exchanges and cannot be held liable for the actions or omissions of users, including but not limited to parking availability, punctuality, or any interactions that may occur between users.

Disclaimer of Liability

Swytch-Swap disclaims all liability for any loss or damage that may occur as a result of users' reliance on the platform. This includes, but is not limited to, any financial losses, personal injuries, property damage, or other consequential damages arising from user conduct or the use of parking spaces facilitated by the platform. Users acknowledge that they enter into any arrangement relating to a parking space listing and reservation strictly between themselves and at their own risk.

Warranties and Representations

Furthermore, Swytch-Swap disclaims any warranties or representations regarding the accuracy, reliability, or completeness of listings on the platform. It is understood that users are responsible for verifying the details of any parking space, including its availability and condition, prior to commitment. The company does not guarantee the accuracy of user-submitted content and is not liable for any discrepancies or disputes that may arise as a result.

User Account Security

To safeguard against unauthorized use or access to your account, Swytch-Swap has implemented robust security measures. However, users are ultimately responsible for maintaining the confidentiality of their login credentials and for any activities conducted through their accounts. Swytch-Swap does not assume responsibility for any unauthorized access or use of user accounts arising from user negligence or failure to protect their information.

External Factors

In addition, Swytch-Swap does not hold any responsibility for external factors that may impact parking availability or exchange, such as municipal laws, changes in road conditions, or other regulatory issues outside the platform's control. Any implications stemming from these elements are considered outside the scope of the platform's liability.

Platform "As-Is" Provision

The platform is provided "as-is," and users agree that their use of the services is at their sole discretion and risk. Swytch-Swap expressly disclaims all implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Service Interruptions

Lastly, while Swytch-Swap endeavors to ensure the smooth functioning of the platform, interruptions, errors, or technical issues may occur. Swytch-Swap does not warrant that the service will be uninterrupted or error-free, and users acknowledge that access to the platform may be temporarily unavailable due to maintenance or unforeseen events.

By continuing to use Swytch-Swap, users accept the limitations of liability outlined here, affirming their understanding and acknowledgment of the boundaries of Swytch-Swap's responsibilities. This section acts as a crucial guideline for the protection of Swytch-Swap and its users, promoting transparency and clarity in the use of the platform.

Governing Law and Jurisdiction

Governing Law

These Terms and Conditions for Swytch-Swap are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. By accessing or using Swytch-Swap's services, users agree that any legal matter arising from these Terms and Conditions or related to the platform shall be governed by the laws of New York. This choice of law provision ensures that all interpretations and disputes follow the legal standards and statutes set forth by New York law.

Jurisdiction

Should any controversy or claim arise out of or relating to the use of Swytch-Swap, or the breach thereof, the parties expressly agree to submit to the exclusive jurisdiction of the state and federal courts located within New York City, New York. By consenting to this jurisdictional provision, users acknowledge that any legal claims or disputes must be litigated or arbitrated in the chosen forum of New York City. This ensures a coherent and consistent application of legal processes, reinforcing predictability and stability for both Swytch-Swap and its users.

Modifications to Governing Law and Jurisdiction

To accommodate future growth and inter-jurisdictional consistency, Swytch-Swap reserves the right to modify or update this governing law and jurisdiction provision. Users will be notified of such changes when they occur, safeguarding transparency and affording the opportunity to agree or reassess their continued engagement with the platform. These parameters establish a comprehensive legal framework that delineates the governing authority and the geographical venue for dispute resolution. They play a critical role in upholding the integrity of Swytch-Swap’s legal obligations while fortifying the rights and responsibilities of its users within the agreed jurisdiction.

Termination of Service

Conditions for Termination

Swytch-Swap reserves the right to terminate user access to its services under specific conditions to maintain the integrity and functionality of the platform. Termination of service may occur if a user violates any term specified in this agreement, engages in fraudulent activities, or provides false or misleading information during account registration or while listing or reserving parking spaces. Furthermore, any behavior that disrupts the marketplace operations, such as repeated cancellations, no-shows, or attempts to undermine the platform’s trust dynamics, may lead to termination.

Legal and Security Considerations

In addition to user-initiated violations, Swytch-Swap may also terminate access due to legal requirements, such as compliance with law enforcement requests or emergent changes in legal regulations, which necessitate immediate action. Users engaging in activities that compromise Swytch-Swap’s security measures, including unauthorized access to the system or data breaches, will also face immediate termination.

Notification and Appeal Process

The process of termination involves a structured notification procedure intended to inform the user in a clear and timely manner. Initially, Swytch-Swap will provide a warning notification detailing the specific breach or issue leading to the potential termination. This notification will be delivered through the primary contact methods associated with the user’s account, typically via email, to ensure privacy and direct communication. If the issue remains unresolved or the violation is deemed severe, a formal termination notice will follow. This notice outlines the finality of the decision, any applicable implications such as suspension from future use, and the potential for appealing the action. The user will be afforded a brief period to respond to or contest the termination, adhering to a structured appeal process if applicable.

Commitment to Platform Integrity

By clearly outlining these conditions and procedures, Swytch-Swap aims to preserve a secure and efficient marketplace for all users while safeguarding the platform's operational stability and user trust.

Amendments to Terms and Conditions

Right to Modify Terms

Swytch-Swap reserves the right to modify these Terms and Conditions as necessary to reflect changes in legal requirements, business needs, or platform functionality. Amendments to the terms will be made thoughtfully and with consideration of user impact. The process will involve careful review and legal consultation to ensure compliance and consistency with Swytch-Swap’s mission and core values.

User Notification

When an amendment is necessary, the updated Terms and Conditions will be readily accessible on the Swytch-Swap platform and website. Users will be notified of any significant changes in a timely manner. Notification methods include sending an email to the address registered with the user's account, ensuring the information reaches the intended recipient directly and with minimal delay. This email will highlight key changes and provide a clear, concise summary of the modifications made, emphasizing any alterations that may affect user obligations, rights, or the overall user experience.

In-App Notification

In addition to email notifications, Swytch-Swap may display a notification within the app when the user logs in, so users can review the changes before continuing to use the service. By incorporating this dual notification strategy, Swytch-Swap ensures that users are adequately informed and prepared to understand the implications of the changes.

Review and Acceptance

Swytch-Swap's commitment to transparency and user trust means that users will have an opportunity to review the amended terms before they take effect. The effective date of changes will be specified in the notification, and users who do not agree with the modifications may discontinue use of the platform. Continued use of Swytch-Swap following the effective date will be considered acceptance of the revised Terms and Conditions.

Commitment to Consistency

Through this structured amendment process, Swytch-Swap seeks to maintain an adaptive yet consistent framework that supports the evolving needs of its users and the platform itself, while upholding fairness and clarity.