Swizzl
Swizzl

Terms of Service

Last Updated: November 14, 2025

Welcome to Swizzl! These Terms of Service ("Terms") govern your access to and use of Swizzl's decision-making platform and related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing, or using Swizzl, you agree to these Terms and our Privacy Policy. If you do not agree, you may not use our Services.

Important Acknowledgment: By using Swizzl, you specifically acknowledge and agree that:

  • Swizzl helps you make your own decisions but does not make decisions for you
  • All decisions you make are your sole responsibility
  • Swizzl does not provide professional advice of any kind
  • You will consult appropriate professionals for matters requiring expertise
  • You use Swizzl at your own risk

Age Requirements: You must be at least 13 years old to use Swizzl. If you are between 13 and 18 years old, you represent that you have parental or guardian permission to use our Services. Users in certain jurisdictions may need to be 18 or older.

Binding Agreement: These Terms constitute a legally binding agreement between you and Swizzl, Inc. ("Swizzl," "we," "us," or "our"), a California corporation.

2. Description of Services

Swizzl is a decision support platform that uses artificial intelligence and the Jobs-to-be-Done methodology to help you clarify your thinking and understand your own needs. Our Services include:

  • Conversational questioning to help you explore your needs, preferences, and constraints
  • Analysis and insights based on information you provide
  • Recommendations and suggestions for your consideration
  • For automotive decisions, connection with automotive dealers who can help you

Important: Swizzl helps you make your own decisions by asking questions and providing information. We do not make decisions for you, tell you what to do, or provide authoritative answers. All decisions are yours alone.

3. Important Disclaimers

You Make Your Own Decisions

YOU ARE SOLELY RESPONSIBLE FOR YOUR DECISIONS. Swizzl is a tool to help you think through your options and clarify your needs. We ask questions, provide information, and offer suggestions, but we do not:

  • Make decisions for you
  • Tell you what to do
  • Provide definitive answers to your questions
  • Guarantee any particular outcome from your decisions

Any decision you make based on your use of Swizzl is your decision alone, made at your own risk.

Not Professional Advice

SWIZZL PROVIDES DECISION SUPPORT, NOT PROFESSIONAL ADVICE. Our Services are for informational purposes only and do not constitute:

  • Legal advice
  • Financial advice
  • Medical advice
  • Therapeutic or mental health counseling
  • Professional consulting of any kind
  • Expert guidance on any specific matter

You should consult qualified professionals for matters requiring professional expertise. Swizzl is not a substitute for professional judgment.

AI-Generated Content

Our Services use artificial intelligence to generate questions, responses, and recommendations. AI-generated content may be inaccurate, incomplete, or inappropriate for your specific situation. You are responsible for:

  • Independently verifying any information provided
  • Evaluating whether any suggestion or recommendation is appropriate for your circumstances
  • Making your own informed decisions based on multiple sources of information

Intended Use and Limitations

Swizzl is primarily designed to help with purchasing decisions and consumer choices. While you may use it to think through various matters, it is not designed or intended for:

  • Emergency situations requiring immediate action
  • Decisions requiring professional licensing or expertise
  • Situations where errors could result in serious harm
  • Legal, medical, financial, or therapeutic decisions

No Guarantees

We do not guarantee that:

  • Our Services will help you make the "right" decision
  • You will achieve any particular outcome
  • The information provided will be accurate or complete
  • Our Services are suitable for your specific situation

Decision-making involves numerous factors unique to each individual. Results and outcomes vary.

4. Your Account and Responsibilities

Account Creation

To use certain features, you may need to create an account by providing your email address and other information. You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use

Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You may not:

  • Use our Services in any way that violates applicable laws or regulations
  • Attempt to interfere with, compromise, or disrupt our Services or servers
  • Use automated systems (bots, scrapers, etc.) to access our Services without permission
  • Impersonate others or provide false information
  • Use our Services to harass, abuse, or harm others
  • Attempt to reverse engineer or extract proprietary algorithms or models
  • Use our Services for any unlawful or fraudulent purposes

Your Content

You retain ownership of the information and content you provide to Swizzl ("Your Content"). However, by using our Services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and distribute Your Content for the purposes of:

  • Providing and improving our Services
  • Training and fine-tuning our AI models
  • Analyzing usage patterns and conducting research
  • Marketing and promoting our Services (in anonymized or aggregated form)

This license continues even after you stop using our Services, except for content you delete (subject to technical limitations and legal requirements).

5. Data Usage and Privacy

Data Collection and Use

By using Swizzl, you acknowledge and agree that we collect, use, and share your information as described in our Privacy Policy, including:

  • Storing your conversations and decision-making data
  • Using your data to train and improve our AI models and Services
  • Sharing conversation summaries with automotive dealers (as described below)
  • Analyzing your usage for product improvement and research

Currently, we do not offer an option to opt out of data usage for service improvement and model training while continuing to use our Services. Such options may be added in the future.

Dealer Data Sharing

Important: If you access Swizzl through a dealer's referral link (from their website, advertisement, email, or other marketing), we will share a summary of your conversation with that dealer. This summary includes key factors in your decision-making, your preferences, and your contact information, enabling the dealer to have a more informed conversation with you.

If you access Swizzl directly (not through a dealer), we will only share your information with dealers if you explicitly consent to a referral.

Privacy Policy

Please review our Privacy Policy, which explains our data practices in detail. The Privacy Policy is incorporated into these Terms by reference.

6. Intellectual Property

Our Property

The Services, including all content, features, functionality, software, code, designs, text, graphics, logos, and trademarks, are owned by Swizzl or our licensors and are protected by intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works from our Services without our written permission.

Feedback

If you provide us with feedback, suggestions, or ideas about our Services, you grant us the right to use them without compensation or obligation to you.

7. Third-Party Services and Links

Our Services may contain links to third-party websites or services (including dealer websites and AI providers). We are not responsible for the content, privacy practices, or terms of use of any third-party services. Your interactions with third parties are solely between you and the third party.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

SWIZZL AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING FROM OR RELATED TO YOUR USE OF OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS INCLUDES, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM DECISIONS YOU MAKE BASED ON INFORMATION, SUGGESTIONS, OR RECOMMENDATIONS PROVIDED THROUGH OUR SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR $100, WHICHEVER IS GREATER.

YOU ACKNOWLEDGE THAT:

  • You use our Services at your own risk
  • All decisions you make are your sole responsibility
  • Swizzl asks questions and provides information but does not make decisions for you or tell you what to do
  • You are responsible for independently evaluating any information or suggestions and consulting professionals where appropriate
  • You will not hold Swizzl liable for the outcomes of your decisions

Some jurisdictions do not allow limitations on implied warranties or liability for incidental or consequential damages. In such jurisdictions, the above limitations may not fully apply to you.

9. Disclaimers and Warranties

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

WE DO NOT WARRANT THAT:

  • The Services will be uninterrupted, secure, or error-free
  • The results or recommendations from the Services will be accurate, reliable, or suitable for your needs
  • Any errors or defects will be corrected
  • The Services will meet your expectations

10. Indemnification

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

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of any rights of another person or entity
  • Your Content or any information you submit

11. Modifications to Services and Terms

Service Changes

We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation.

Terms Changes

We may modify these Terms at any time. If we make material changes, we will notify you by updating the "Last Updated" date and may provide additional notice through our Services or via email. Your continued use of the Services after changes take effect constitutes your acceptance of the modified Terms.

12. Termination

By You

You may stop using our Services at any time. You may request deletion of your account and data by contacting us at ia.lzziws@ofni.

By Us

We reserve the right to suspend or terminate your access to our Services at any time, with or without cause, with or without notice, including if:

  • You violate these Terms
  • Your use poses a security or legal risk
  • We discontinue the Services

Effect of Termination

Upon termination, your right to use the Services immediately ceases. Provisions that by their nature should survive termination (including intellectual property rights, disclaimers, limitations of liability, and dispute resolution) will continue to apply.

13. Dispute Resolution and Arbitration

Governing Law

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

Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

You and Swizzl agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services will be resolved through binding arbitration, rather than in court, except that either party may bring a claim in small claims court if it qualifies.

Arbitration Process:

  • Arbitration will be conducted by a single arbitrator under the rules of the American Arbitration Association (AAA)
  • The arbitration will take place in California
  • The arbitrator's decision will be final and binding
  • Each party will bear their own costs and attorneys' fees, unless the arbitrator decides otherwise

Class Action Waiver: YOU AND SWIZZL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Opt-Out: You may opt out of this arbitration agreement by sending written notice to us at ia.lzziws@ofni within 30 days of first accepting these Terms. The notice must include your name, email address, and a clear statement that you wish to opt out of the arbitration agreement.

Exceptions

Either party may bring a lawsuit in court for:

  • Intellectual property infringement claims
  • Claims seeking injunctive relief
  • Claims that cannot be arbitrated under applicable law

14. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Swizzl regarding our Services.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.

Force Majeure

We will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.

No Agency

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Swizzl.

15. Contact Information

If you have questions about these Terms, please contact us at:

Swizzl AI Inc.
200 Lawton St. #3
San Francisco, CA 94122
ia.lzziws@ofni

By using Swizzl, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.