SWERV V2 Paid Beta Program Agreement
SWERV V2 PAID BETA PROGRAM AGREEMENT
QUICK SUMMARY OF SWERV V2 BETA PROGRAM AGREEMENT
THIS SUMMARY IS FOR YOUR CONVENIENCE ONLY AND DOES NOT REPLACE OR SUPPLEMENT THE BETA AGREEMENT. FOR THE AVOIDANCE OF DOUBT, THE LANGUAGE IN THIS SECTION IS NON-BINDING.
This is a paid beta. The Beta Unit is a pre-production device and may change or have defects.
Not UL listed. The Beta Unit is NOT UL listed and NOT independently certified. (The external power adapter supplied with it is UL listed. The unit itself is not.)
Safety matters. Install and use only per the SWERV V2 Installation and Safety Guide. Stop using and unplug if anything seems off.
Window-fall risk. If it is not secured properly, it can become loose or fall.
Electrical/fire risk. Keep away from water. Do not use if the cable, power input, or power supply is damaged. Do not bend, pinch, crush or stretch the power cable. Do not use and immediately contact support@swervair.com if the rotary dial or fans stop working properly.
Returns: The SWERV V2 Return Policy and Limited Warranty applies (generally 30 days from Delivery Date for returns; $20 return label deduction may apply; original shipping is not refundable unless required by law or explicitly stated by SWERV).
Limited Warranty: The SWERV V2 Return Policy and Limited Warranty applies (12 months from Delivery Date, with exclusions).
You can publish whatever you measure. You own your test results. You may publicly publish any data you measure from the outside of the Beta Unit, including airflow, CFM, noise levels, CO2, temperature, humidity, particulate and VOC readings, power draw, energy performance, reliability, and installation experience. Good or bad. We do not review it, approve it, or condition anything on it being favorable.
What we ask you not to publish: what is inside the box. No teardowns, disassembly, internal component photos, PCB or wiring closeups, firmware or source code, schematics, or bill of materials.
You can always report safety issues. To us, to the public, or to any regulator, including the CPSC. Nothing in this agreement stops that.
Discount: Complete the post-install feedback survey and you earn $200 off the base price of one future UL-certified production unit (if one is offered). That is the only requirement. You do not have to post, review, or promote anything. If you return the Beta Unit or get a refund, the discount is forfeited.
When the beta ends: The Beta Program ends when SWERV begins shipping its first UL-certified production units, currently targeted for winter 2026. That is a target, not a promise.
Disputes: Your purchase is also governed by the SWERV Terms and Conditions (including arbitration and a 30-day opt-out procedure).
SWERV V2 PAID BETA PROGRAM AGREEMENT
Updated: July 12, 2026
Effective Date
This SWERV V2 Paid Beta Program Agreement (this "Beta Agreement") becomes effective on the earlier of:
(a) the date you accept this Beta Agreement electronically (including by checking a box during checkout), and
(b) the date SWERV ships the Beta Unit (which is when SWERV accepts your order under the Site Terms).
If SWERV cancels your order before shipment, this Beta Agreement is void and any amounts paid will be refunded under the Site Terms.
This Beta Agreement is entered into by and between SWERV Inc. ("SWERV," "we," "us") and the purchaser and participant ("you," "Participant"). This Beta Agreement governs your participation in SWERV's limited paid beta testing program (the "Beta Program") and your receipt, installation, operation, monitoring, evaluation, servicing, and removal or return (if applicable) of one or more pre-production window-mounted energy recovery ventilator units and related components (collectively, the "Beta Unit").
1. Relationship to Other SWERV Terms
1.1 Site Terms incorporated. Your purchase and use of the Beta Unit is also governed by (a) the SWERV Terms and Conditions (the "Site Terms") and the SWERV Privacy Policy, each as posted at swervair.com, and (b) the documents titled SWERV V2 Installation and Safety Guide (the "Safety Guide") and SWERV V2 Return Policy and Limited Warranty (the "Return and Warranty Policy").
1.2 Which terms control. If there is a conflict between this Beta Agreement and the Site Terms, this Beta Agreement controls only for beta-specific topics, including pre-production disclosures, beta safety and risk allocation, and feedback and confidentiality expectations. All other topics remain governed by the Site Terms. References to the "Product" in the Site Terms shall be construed to refer to the Beta Unit.
1.3 Section 11 controls everywhere. Notwithstanding Section 1.2 or anything to the contrary in the Site Terms, the Return and Warranty Policy, the Safety Guide, or any other SWERV document, Section 11 of this Beta Agreement (Confidentiality; Your Right to Publish) controls with respect to what you may say, write, measure, or publish about the Beta Unit. Any provision of any SWERV document that would restrict your right to publish Measured Performance Data or an honest review of the Beta Unit is superseded by Section 11 and will not be enforced against you.
1.4 No medical device. The Beta Unit is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease.
1.5 Arbitration notice. The Site Terms include provisions about dispute resolution (including arbitration, a class action waiver, and a 30-day opt-out procedure). Those provisions apply to this Beta Agreement through the Site Terms.
2. Beta Status; Pre-Production Unit
2.1 Pre-production. You acknowledge that the Beta Unit (a) is a pre-production device from a limited production run, (b) is being sold in part to gather real-world performance and reliability feedback, and (c) is not a mass-production release and has not completed the certification and validation work planned for a future production unit. Hardware, firmware, and features may change in later units.
2.2 No guarantees. Performance, reliability, durability, safety characteristics, regulatory certification, and fitness for any particular purpose are not guaranteed, except as expressly stated in the Return and Warranty Policy.
2.3 Disclaimer; implied warranties. EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN THE RETURN AND WARRANTY POLICY, THE BETA UNIT IS PROVIDED "AS IS," AND SWERV DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTY OF TITLE OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR COURSE OF PERFORMANCE. SWERV DOES NOT WARRANT THAT THE BETA UNIT WILL OPERATE WITHOUT INTERRUPTION OR ERROR. YOU ACKNOWLEDGE THAT NO WARRANTIES ARE MADE BY ANY OF SWERV'S LICENSORS OR SUPPLIERS.
TO THE EXTENT YOU RECEIVE THE EXPRESS LIMITED WARRANTY IN THE RETURN AND WARRANTY POLICY, IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE NOT DISCLAIMED BUT ARE LIMITED IN DURATION TO THE WARRANTY PERIOD, EXCEPT WHERE SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS MAY NOT APPLY TO YOU. THIS SECTION IS INTENDED TO MATCH, AND NOT TO CONFLICT WITH, PART B, SECTION 7 OF THE RETURN AND WARRANTY POLICY. IF THERE IS ANY CONFLICT, THE RETURN AND WARRANTY POLICY CONTROLS.
3. Critical Safety Disclosure; No Certification
3.1 Not UL listed; not independently certified. You acknowledge and agree that the Beta Unit is NOT UL listed, has NOT been tested, certified, or approved by any independent safety testing laboratory, may contain known or unknown defects, and may present risks, including property damage, serious personal injury, or death. The external AC-to-DC power adapter supplied with the Beta Unit is UL listed; the Beta Unit itself is not. Use only the supplied adapter.
3.2 Low-voltage DC does not eliminate risk. The Beta Unit operates using low-voltage direct current (DC) power supplied through an external AC-to-DC power conversion device. You understand that low-voltage or DC operation does not eliminate risk, including risks of overheating, smoke, fire, electrical shock, or property damage.
4. Permitted Site Types; Multi-Occupant Disclosure
4.1 Permitted Sites. The Beta Unit may be installed only in a residential setting such as a single-family home, apartment or rental unit, or college or university dormitory (each, a "Site"), subject to Section 5, and only in a window type supported by the Safety Guide.
4.2 Multi-occupant risk. You acknowledge that multi-occupant environments increase exposure to risk (roommates, tenants, guests, neighbors, building occupants).
5. Eligibility; Authority; Required Permission
5.1 You represent, warrant, and covenant that:
(a) You are at least the age of majority in your jurisdiction.
(b) You have full legal authority to enter into this Beta Agreement, including when doing so on behalf of a legal entity.
(c) You are either (i) the legal owner of the Site, or (ii) have obtained prior written authorization from the property owner, landlord, property manager, housing authority, or university housing department (as applicable).
(d) All required approvals will remain valid during your participation in the Beta Program.
5.2 No permission, no install. You understand and agree that installation is prohibited without the required written authorization.
6. Installation and Use Requirements; Electrical and Fall Safety
6.1 Follow the Safety Guide. You agree to install and operate the Beta Unit only in accordance with the Safety Guide and all warnings provided by SWERV.
6.2 Secure installation; fall hazard. An improperly installed window unit can become loose or fall and may cause serious injury, death, or property damage. You agree to ensure the Beta Unit is fully seated and secured as required by the Safety Guide, ensure the window and surrounding structure are suitable and in good condition, stop use immediately if the unit shifts, loosens, rattles unusually, or appears unstable, and not operate the Beta Unit if you have any concern it is not securely installed.
6.3 No tampering or modification. You will not modify, bypass, tamper with, open, disassemble, or alter any electrical, mechanical, enclosure, firmware, software, or safety-related component of the Beta Unit, and you will not remove any screws unless SWERV expressly instructs you in writing to do so. You may tilt open or remove the front wooden panel to clean or replace the pleated filter, and you may remove and clean the stainless steel pre-filter, as described in the Safety Guide and the Return and Warranty Policy. For clarity, this Section is a safety and warranty requirement about opening the unit. It does not restrict external measurement, testing, or observation of the Beta Unit, which is expressly permitted under Sections 9.2 and 11.1.
6.4 Keep away from water. To reduce risk of electrical shock, you will not use the Beta Unit near or in contact with water, will not handle the power supply or plug with wet hands, and will not operate the Beta Unit if the power supply, plug, or cable is damaged.
6.5 Do not bend, pinch, crush, or stretch the power cable. You agree to route the power cable so it is not sharply bent, pinched in the window, crushed, pulled taut, placed under rugs, or otherwise damaged. You may use a surge protector or extension cord to reach the nearest outlet if needed.
6.6 If anything looks damaged, stop and contact SWERV. If any part of the Beta Unit, power supply, plug, or cable looks damaged, deformed, cracked, frayed, overheated, or abnormal, you agree to stop use, disconnect power, and contact SWERV before continuing.
6.7 No third-party repairs. You will contact only SWERV Support for diagnostic, repair, or service issues and will not attempt repair yourself or through a third party. Repairs performed by anyone not authorized by SWERV void the limited warranty, as stated in the Return and Warranty Policy.
6.8 Installation and repair disclaimers apply. The installation and repair disclaimers in the Site Terms apply to the Beta Unit. Without limiting those disclaimers, SWERV disclaims liability for Products not installed as specified in the Safety Guide, to the fullest extent permitted by law.
6.9 Fit and compatibility. You are responsible for confirming that your window and Site are compatible with the Beta Unit and the Safety Guide requirements, including the supported window types and the 23 to 48 inch width range. If the Beta Unit does not fit your window or Site setup, do not force installation. Contact SWERV Support. A unit that does not fit your window is eligible for return under the Return and Warranty Policy within the 30-day return window.
7. Monitoring; Stop-Use; Incident Reporting
You agree to:
7.1 Monitor the Beta Unit during normal operation, including remaining present for the first ten minutes of operation after installation, as described in the Safety Guide.
7.2 Immediately stop use and disconnect power if the fans or dial stop functioning properly or if abnormal heat, odor, smoke, sparking, unusual noise, unusual vibration, loosening, shifting, instability, malfunction, or visible damage occurs.
7.3 Promptly notify SWERV at support@swervair.com of any incident, malfunction, instability, or safety concern.
7.4 Contact emergency services when appropriate.
7.5 Arrival damage. If the Beta Unit arrives with visible shipping damage, do not install it. Contact SWERV at support@swervair.com before use.
7.6 Your right to report is never limited. Notifying SWERV under Section 7.3 helps us fix problems quickly. It is not a condition of any other right and it is not a confidentiality obligation. Nothing in this Beta Agreement or any other SWERV document limits your ability to publicly describe a safety incident, malfunction, or defect you experienced, or to report a safety concern to the U.S. Consumer Product Safety Commission or any other government agency, at any time, with or without notice to us.
8. Access Authorization; Optional Assistance
8.1 Upon reasonable advance notice, subject to Site rules, and only with your consent at the time, you may allow SWERV and its representatives to access the Site for installation assistance (in SWERV's discretion), inspection, troubleshooting, replacement, or return coordination. SWERV has no right of entry without your consent.
8.2 You agree to make a responsible adult reasonably available to facilitate access for any visit you have agreed to.
9. Use; Restrictions; Transfer
9.1 Intended use. You may use the Beta Unit for normal residential ventilation at the Site and for evaluation, testing, and feedback purposes.
9.2 No reverse engineering or teardowns. You shall not reverse engineer, deconstruct, disassemble, decompile, or decode the Beta Unit, or attempt to determine its internal composition or internal operations, or derive any source code for any embedded software, except to the limited extent applicable law expressly allows despite this restriction. For clarity, and notwithstanding Section 7.5 of the Site Terms, measuring, testing, benchmarking, and recording the performance of the Beta Unit from the outside, without opening it, is not reverse engineering, is expressly permitted, and produces data that belongs to you under Section 11.
9.3 No resale during the Beta Program. You shall not sell, rent, or transfer ownership of the Beta Unit to a third party during the Beta Program without SWERV's prior written consent. This restriction exists because the Beta Unit is not UL listed and cannot be safely supported in the hands of someone who never received the Safety Guide or accepted these terms. It does not restrict household members, roommates, guests, or visitors from seeing, using, or being present around the installed Beta Unit, and it does not restrict you from showing or demonstrating the installed Beta Unit to anyone. This Section controls over Section 2.4 of the Site Terms with respect to the Beta Unit, and it terminates automatically when the Beta Program ends under Section 15.1.
9.4 Moving the unit. If you move the Beta Unit to a different window or a different residence, you agree to reinstall it in accordance with the Safety Guide, confirm the new window is a supported type and within the supported width range, confirm you have any required landlord or property owner permission at the new Site, and notify SWERV at support@swervair.com so our safety and support records stay accurate. Prior written approval from SWERV is not required.
10. Evaluation, Reporting, and Feedback
10.1 You agree to assist SWERV in testing, evaluating, refining, and improving the Beta Unit.
10.2 You agree to promptly report problems whenever the Beta Unit does not perform as described in the Safety Guide.
10.3 Periodically and at SWERV's request, you may provide SWERV comments, criticisms, suggested improvements, and other feedback about the use, operation, functionality, and features of the Beta Unit (collectively, "Feedback"). Feedback may include operating results, suspected bugs, errors, compatibility problems, user-desired features, and the results of any benchmark or similar testing you conduct.
10.4 Feedback license. You grant SWERV a worldwide, perpetual, irrevocable, non-exclusive, sublicensable, transferable, royalty-free license to use Feedback without compensation to you, including to reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works of, and otherwise commercially or non-commercially exploit the Feedback, including by incorporating it into SWERV products. This is the same non-exclusive grant made under Section 6.1 of the Site Terms and does not expand it.
10.5 You keep your own results. The license in Section 10.4 is non-exclusive. You retain full ownership of, and the unrestricted right to publish, your own Feedback, test data, measurements, photos, video, and written impressions. Sending something to SWERV does not make it ours alone and does not make it confidential.
11. Confidentiality; Your Right to Publish
11.1 What you may publish. This Section controls over any conflicting provision in this Beta Agreement, the Site Terms, the Return and Warranty Policy, the Safety Guide, or any other SWERV document.
You may publicly publish, post, review, present, or otherwise share, without SWERV's consent, review, or approval, and whether or not the result is favorable to SWERV:
(a) Measured Performance Data, meaning any data you observe, measure, or record from the exterior of the Beta Unit during normal installation and use. This includes airflow and CFM, static pressure, sound and noise levels in dB, CO2, temperature, humidity, VOC, radon, and particulate readings, enthalpy or energy recovery effectiveness, power draw and energy consumption, run time, cycle and mode behavior, app and connectivity behavior, and any defect, failure, or malfunction you experience;
(b) your test methodology, instruments, and setup used to produce that data;
(c) your installation experience, fit and window compatibility results, and time to install;
(d) your opinions, reviews, criticisms, comparisons to other products, and general impressions, positive or negative;
(e) photos and video of the Beta Unit as installed and in normal use, including the exterior, the front panel opened for filter replacement, the pleated filter, and the stainless steel pre-filter; and
(f) any safety concern or incident, as described in Section 7.6.
11.2 What is confidential. "Confidential Information" means only:
(a) non-public internal design information about the Beta Unit that is not observable from the exterior during normal use, including internal components, internal wiring and PCB detail, schematics, firmware or software internals, source code, bill of materials, supplier identities, and internal design documentation; and
(b) non-public business or technical information that SWERV discloses to you directly and identifies in writing as confidential at the time of disclosure.
11.3 What is NOT confidential. Confidential Information does not include: Measured Performance Data; your Feedback; your reviews or opinions; the exterior appearance of the Beta Unit; the existence, price, or terms of the Beta Program; this Beta Agreement itself; any information you develop independently or obtain lawfully from a third party; any information that is or becomes public through no fault of yours; or any information you are required to disclose by law, regulation, or a government agency.
11.4 Your confidentiality obligation. You agree not to publicly disclose Confidential Information without SWERV's prior written consent, and to protect it using at least reasonable care. In practice: no teardowns, no disassembly, no opening the enclosure beyond the front wooden panel and the stainless steel pre-filter for routine filter service, no destructive testing, no internal component or PCB photos, no schematics, no firmware or source code, and no bill of materials. This obligation exists to protect unreleased design work from being copied. It will not be construed to restrict any honest review or any publication of Measured Performance Data.
11.5 No review restrictions; no non-disparagement. SWERV does not require, and will not enforce, any restriction on your ability to review the Beta Unit. There is no non-disparagement obligation in this Beta Agreement. SWERV will not condition your warranty, return rights, support, or Beta Participant Discount on the content, tone, or favorability of anything you publish, and will not treat a lawful review or publication as a breach, as grounds for termination, or as grounds for action under Section 20. Any provision of any SWERV document that would restrict, penalize, or condition a benefit on a lawful review of the Beta Unit is void and will not be enforced.
12. Limited Warranty; Returns
12.1 Return and Warranty Policy applies. The Return and Warranty Policy applies to the Beta Unit in full, including the 30-day return window and the 12-month limited warranty, subject to its exclusions and limitations. This Beta Agreement does not reduce, shorten, or condition any right you have under that policy.
12.2 Warranty period. The limited warranty period is twelve (12) months from the Delivery Date (as defined in the Site Terms), subject to the exclusions and limitations in the Return and Warranty Policy.
12.3 No promised ongoing support. Other than the rights provided under the Return and Warranty Policy, SWERV has no obligation to provide ongoing support, maintenance, bug fixes, updates, or feature stability for a Beta Unit, unless SWERV chooses to do so.
13. Ownership; Intellectual Property; Open Source
13.1 SWERV and its suppliers retain all worldwide intellectual property and proprietary rights in and to the Beta Unit (including firmware and software), documentation, and improvements, except for third-party open source components.
13.2 You own the physical Beta Unit you purchased, subject to Section 9.
13.3 No rights or licenses are granted by implication, estoppel, or otherwise, except as expressly granted in the Site Terms and this Beta Agreement.
13.4 The Beta Unit may contain open source software, which is licensed under its applicable licenses.
14. Beta Participant Discount ($200 Off One Future Production Unit)
14.1 How you earn it. Complete SWERV's post-install feedback survey in good faith. That is the only requirement. On completion, you earn a discount of two hundred dollars (US $200) off the base price (excluding shipping, taxes, and add-ons) of one future production, non-beta, UL-certified SWERV unit (a "Production Unit"), if and when SWERV offers one for sale. The discount cannot exceed the base price of the Production Unit.
14.2 Nothing public is required. You are not required to post, publish, review, promote, endorse, refer, or say anything publicly about SWERV in order to earn this discount. SWERV will not evaluate the favorability, tone, or content of your survey responses when deciding whether you earned it. Critical, negative, or unflattering survey responses qualify exactly the same as positive ones. Good faith completion means real answers, not favorable ones.
14.3 If you do choose to post about SWERV. You are free to publish anything permitted under Section 11, and SWERV neither pays for nor approves it. If you publish a review or testimonial and you have earned or expect to earn the discount under this Section, SWERV asks that you disclose in that post that you are a beta participant who received a discount from SWERV. This is a request in the interest of honesty with readers, not a condition of the discount, and SWERV will not withhold the discount if you do not do it.
14.4 No promise of availability or timing. SWERV does not promise that a Production Unit will be released, when it will be released, what features it will include, or at what price.
14.5 Same email required; one per Participant. The discount is available only to the same person using the same email address used to purchase the Beta Unit. One earned discount applies to one Production Unit per Participant, even if the Participant purchased multiple Beta Units.
14.6 Not transferable; no cash value; not stackable. Any earned discount is non-transferable, has no cash value, and may not be combined with other promo codes unless SWERV expressly permits.
14.7 Return, refund, or chargeback forfeits the discount. If you return the Beta Unit for a refund, receive a refund for the Beta Unit (in whole or in part), or initiate a chargeback or payment dispute that results in a refund or reversal, any earned or potential discount under this Section is void and forfeited.
14.8 Timing of issuance. SWERV generally will not issue the discount code until the later of (a) completion of the survey and (b) expiration of the return window under the Return and Warranty Policy, unless SWERV chooses otherwise in writing.
14.9 No securities offer. Nothing in this Section is an offer to sell or a solicitation of an offer to buy any securities. Any investment, if ever offered, would be under separate legal documents and eligibility requirements. Investment is not required to participate in the Beta Program or to earn the discount.
15. Term of the Beta Program; Termination; Survival
15.1 When the Beta Program ends. The "Beta Program" ends on the earlier of (a) the date SWERV begins shipping units from its first UL-certified production run, or (b) the date SWERV announces the end of the Beta Program in writing. SWERV currently expects the first production run in winter 2026, with a UL-certified design and injection molded side panels replacing the 3D printed panels used in Beta Units. That expectation is a target and not a promise, and SWERV may change it.
On the date the Beta Program ends, the restriction in Section 9.3 (No resale during the Beta Program) terminates automatically without any further action, and you may freely sell, gift, or transfer your Beta Unit. Your rights under Section 11 are unaffected and continue.
15.2 Survival. Sections 2.3 (Disclaimer), 6.8 (Installation and Repair Disclaimers), 9.2 (No Reverse Engineering), 10 (Feedback), 11 (Confidentiality; Your Right to Publish), 12.3 (No Promised Ongoing Support), 13 (Ownership; Intellectual Property; Open Source), 15.2 (Survival), 17 (Release of Liability), 19 (Limitation of Liability), 22 (Compliance With Laws), 23 (Assignment; Notices), 24 (Governing Terms; Arbitration; Governing Law), and 25 (Entire Agreement; Severability; Electronic Acceptance) survive termination or expiration of this Beta Agreement. Your rights under Sections 7.6, 11.1, and 11.5 survive indefinitely and are not terminable by SWERV.
16. Assumption of Risk
You knowingly and voluntarily assume the risks arising out of or relating to the Beta Unit and participation in the Beta Program, including installation, operation, monitoring, servicing, failure, removal, and return shipment. Assumed risks include electrical shock, overheating, smoke, fire, the Beta Unit falling or becoming dislodged from a window opening, property damage, injury to you or others, and economic loss, to the fullest extent permitted by law. This Section does not apply to risks arising from a defect in the Beta Unit that SWERV knew of and did not disclose, or from SWERV's gross negligence, recklessness, willful misconduct, or fraud.
17. Release of Liability
To the fullest extent permitted by law, you release and discharge SWERV and its officers, directors, employees, contractors, agents, affiliates, successors, and assigns from claims, demands, damages, costs, expenses, and liabilities arising out of or relating to the Beta Unit or participation in the Beta Program, except that this release does not apply to, and you do not release, any claim arising from SWERV's gross negligence, recklessness, willful misconduct, or fraud, any claim for personal injury or property damage caused by a defect SWERV knew of and failed to disclose, or any claim that cannot lawfully be released. Nothing in this Section limits your rights under the Return and Warranty Policy.
For California residents: You waive California Civil Code Section 1542 to the extent applicable and permitted by law, which states "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing this release, which, if known by him or her, must have materially affected his or her settlement with the debtor."
18. Indemnification; Hold Harmless
You agree to defend, indemnify, and hold harmless SWERV and its related parties from third-party claims, damages, losses, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your installation or use of the Beta Unit in a manner inconsistent with the Safety Guide, (b) Site conditions within your control, (c) your failure to obtain required landlord or property owner permission, or (d) your breach of this Beta Agreement.
This Section does not apply to claims arising from a defect in the Beta Unit itself, from SWERV's gross negligence, recklessness, or willful misconduct, or from any lawful review or publication you make under Section 11. This Section is intended to be read consistently with Section 7.4 of the Site Terms and does not expand your obligations beyond it.
19. Limitation of Liability
The limitation of liability provisions in Section 9 of the Site Terms apply to this Beta Agreement and the Beta Unit, to the fullest extent permitted by law, and do not limit any liability that cannot lawfully be limited, including liability for death or personal injury caused by SWERV's gross negligence, recklessness, or willful misconduct.
20. Suspension; Removal; Recall Authority
SWERV may require suspension of use, modification, replacement, return, or removal of the Beta Unit for genuine safety, quality, or regulatory reasons, and you agree to reasonably cooperate. If SWERV requires return or removal of a functioning Beta Unit for reasons other than your breach of this Beta Agreement, SWERV will, at its option, either replace the Beta Unit at no charge or refund the purchase price paid, and SWERV will cover the cost of return shipping. SWERV will not invoke this Section in response to a lawful review, publication, or safety report.
21. Insurance
You are responsible for maintaining appropriate renters', homeowners', or other applicable insurance. SWERV provides no insurance coverage for participation.
22. Compliance With Laws; Export
You will comply with all applicable laws, including export control laws to the extent relevant.
23. Assignment; Notices
You may not assign this Beta Agreement without SWERV's prior written consent. Notices and operational communications may be provided by email via support@swervair.com.
24. Governing Terms; Arbitration; Governing Law
The Site Terms' dispute resolution provisions (including arbitration, the class action waiver, the 30-day opt-out procedure, and Massachusetts governing law) apply to this Beta Agreement. On beta-specific topics, this Beta Agreement controls.
25. Entire Agreement; Severability; Electronic Acceptance
This Beta Agreement, the Site Terms, the Return and Warranty Policy, and the Safety Guide constitute the entire agreement regarding the Beta Program. If any provision is invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not be affected or impaired. This Beta Agreement may be amended only upon the mutual written consent of you and SWERV. No failure of either party to enforce any of its rights under this Beta Agreement will act as a waiver of those or any other rights. Checking a box, clicking "I agree," or otherwise accepting electronically is the legal equivalent of a signature.
Questions: support@swervair.com