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 prototype or pre-production and may change or have defects.

Not UL listed. The Beta Unit is NOT UL listed and NOT independently certified.

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).

Confidentiality: You can share your general experience and normal photos or videos of the Beta Unit installed and in use. Do not share internal technical details, internal components, teardowns, disassembly, or incident reports.

Discount program: You can earn up to $200 off the base price of one future UL-certified production unit (if one is offered). If you return the Beta Unit or get a refund, the discount is forfeited.

Disputes: Your purchase is also governed by the SWERV Terms and Conditions (including arbitration and opt-out procedures).

SWERV V2 PAID BETA PROGRAM AGREEMENT

Updated: February 24, 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 prototype or pre-production window-mounted energy recovery ventilator units and related components (collectively, the “Beta Unit”).

Relationship to Other SWERV Terms

1.1 Site Terms incorporated. Your purchase and use of the Beta Unit is also governed by (a) SWERV Terms and Conditions (Updated and effective: February 24, 2026) (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 prototype 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 No medical device. The Beta Unit is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease.

1.4 Arbitration notice. The Site Terms include provisions about dispute resolution (including arbitration, class action waiver, and opt-out procedures). Those provisions apply to this Beta Agreement through the Site Terms.

Beta Status; Not a Finished Consumer Product

2.1 Prototype or pre-production. You acknowledge that the Beta Unit (a) is a prototype or pre-production device, (b) is solely being provided to gather real-world feedback, and (c) is not a finished or commercially released consumer product.

2.2 No guarantees. Performance, reliability, durability, safety characteristics, regulatory compliance, and fitness for any particular purpose are not guaranteed. 

2.3 Disclaimer. THE BETA UNIT IS PROVIDED BY SWERV TO YOU IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER. SWERV HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE BETA UNIT, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND 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. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THIS SECTION DOES NOT AFFECT YOUR RIGHTS UNDER SWERV’S RETURN POLICY AND LIMITED WARRANTY TO THE EXTENT THE BETA PRODUCT QUALIFIES AS A “COVERED PRODUCT” THEREUNDER.

Critical Safety Disclosure; No Certification

3.1 Not UL listed; not independently certified. You acknowledge and agree that the Beta Unit is experimental, 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.

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.

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.

4.2 Multi-occupant risk. You acknowledge that multi-occupant environments increase exposure to risk (roommates, tenants, guests, neighbors, building occupants).

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 (a) the legal owner of the Site, or (b) 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.

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.

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 an 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.

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. If the Beta Unit does not fit your window or Site setup, do not force installation. Contact SWERV Support.

Monitoring; Stop-Use; Incident Reporting

You agree to:

7.1 Monitor the Beta Unit during normal operation.

7.2 Immediately stop use and disconnect power if the fans or dial stop functioning properly or 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.

Access Authorization; Optional Assistance

8.1 Upon reasonable notice and subject to Site rules, you authorize SWERV and its representatives to access the Site for installation assistance (in SWERV’s discretion), inspection, troubleshooting, replacement, or return coordination if needed for safety or Beta Program reasons.

8.2 You agree to make a responsible adult reasonably available to facilitate such access when requested.

Evaluation Use; Restrictions; No Transfer

9.1 Evaluation only. You may use the Beta Unit only for normal residential ventilation at the approved Site and for evaluation and feedback purposes, and for no other purpose.

9.2 No reverse engineering or teardowns. You shall not reverse engineer, deconstruct, disassemble, decompile, decode, analyze, or otherwise attempt to determine the composition or internal operations of the Beta Unit or derive any source code for any embedded software, except to the limited extent applicable law expressly allows despite this restriction. The Site Terms restrictions on teardowns also apply.

9.3 No resale or transfer. You shall not sell, transfer, loan, gift, disclose, or otherwise provide access to the Beta Unit or any non-public methods, processes, or internal technical details relating to it, without SWERV’s express prior written consent.

9.4 Approved Site only. You may not move the Beta Unit to another site without SWERV’s prior written consent.

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 in accordance with the Safety Guide.

10.3 Periodically and at SWERV’s request, you shall provide to SWERV comments, criticisms, suggested improvements and other feedback, about the use, operation, functionality and features of the Beta Unit, either in-person or online (collectively, the “Feedback”). Feedback should include operating results, suspected bugs, errors, compatibility problems, user-desired features, and the results of any benchmark or similar testing you conduct (if any).

10.4 Feedback license. Feedback is governed by the Site Terms feedback provisions. Without limiting that, you grant SWERV a worldwide, perpetual, irrevocable, exclusive, sublicensable, transferable, royalty-free license to use Feedback without compensation to you. You agree that SWERV has the right to use reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit the Feedback at its sole discretion on an unlimited basis, including without limitation incorporating all or some of the Feedback into the products of SWERV.

Confidentiality; Publicity Limits

11.1 “Confidential Information” includes: (a) any non-public technical, internal, or proprietary information about the Beta Unit (including internal components, disassembly or teardown content, destructive testing, schematics, firmware or software details, source code, bill of materials, test methods, or internal design details); (b) any other information SWERV provides that is marked confidential or that a reasonable person would understand to be confidential, and (c) the Feedback.

Confidential Information does not include: (i) the Beta Unit’s exterior appearance as installed; (ii) non-technical photos or videos of the Beta Unit in normal residential use that do not reveal internal components or non-public technical details; or (iii) your general, non-technical impressions.

11.2 You agree not to publicly disclose Confidential Information without SWERV’s prior written consent.

11.3 You agree to protect Confidential Information using at least reasonable care.

11.4 What you may share. You may share your general, non-technical experience (for example: general impressions, comfort, noise impressions, and installation experience at a high level) and non-technical photos or videos of the Beta Unit installed and in use in accordance with Section 11 herein, provided you do not share Confidential Information.

For clarity, you may not share: internal components, the inside of the enclosure, any screw removal or opening panels, teardowns, destructive testing, internal wiring or PCB closeups, or internal airflow path details not visible during normal use unless SWERV gives written permission.

Limited Warranty; Returns

12.1 Return and Warranty Policy applies. The Return and Warranty Policy applies to the Beta Unit, including the return window and the limited warranty, subject to its exclusions and limitations.

12.2 Warranty period. For clarity, 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.

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 No rights or licenses are granted by implication, estoppel, or otherwise, except as expressly granted in the Site Terms and this Beta Agreement.

13.3 The Beta Unit may contain open source software, which is licensed under its applicable licenses.

Beta Participant Discount Program (Up to $200 Off One Future Production Unit)

14.1 Program overview. As a thank-you for meaningful participation, eligible Participants may earn a discount of up to two hundred dollars (US $200) off the base price (excluding shipping, taxes, and any add-ons) of one future production, non-beta, UL-certified SWERV unit (a “Production Unit”), if and when SWERV offers it for sale. The discount cannot exceed the base price of the Production Unit.

14.2 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 it will be offered.

14.3 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.

14.4 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.

14.5 Return, refund, or chargeback forfeits 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, then any earned or potential discount under this Section 14 is void and forfeited.

14.6 How you earn the discount. You can earn the discount in two groups.

Group 1: Feedback Form ($100). Complete SWERV’s feedback form in good faith with thoughtful, specific feedback about installation, performance, noise, comfort, usability, issues, and improvements.

Group 2: One Meaningful Extra Action ($100). Complete one additional action that requires real effort and materially helps SWERV. You may choose one of the options below, or propose another action for SWERV’s written approval. For clarity: only one Group 2 action is required, and only one $100 credit may be earned under Group 2.

(a) Post a thoughtful, authentic review or story about your experience (subject to Section 11 and SWERV’s guidelines for not disclosing Confidential Information).

(b) Create a short photo or video testimonial or installation walkthrough that SWERV can repost (subject to SWERV approval and content guidelines).

(c) Introduce SWERV to a potential partner (distribution, manufacturing, components, certification lab, influencer, etc.) and facilitate an intro call.

(d) Introduce SWERV to a potential investor contact (no public solicitation).

(e) Refer a strong candidate for a role at SWERV and actively help recruit them.

(f) Complete a small defined project for SWERV (for example: a brief customer interview writeup, a local pilot outreach effort, or another scoped task agreed in writing).

(g) Share SWERV with at least 5 people who are genuinely a good fit and report back outcomes (who, why, and what happened), subject to SWERV’s guidelines.

14.7 Verification and award. SWERV will determine in its reasonable discretion whether you completed each group in good faith and whether your Group 2 action qualifies. After verification, SWERV may issue a one-time discount code or similar mechanism tied to your email for the applicable dollar amount earned.

14.8 Timing of issuance. To reduce confusion, SWERV generally will not issue the discount code until the later of: (a) completion and verification of the applicable group(s), and (b) the 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 14 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.

TERM; TERMINATION. 

15.1 Survival. The provisions of 2.3 (Disclaimer), 6.8 (Installation and Repair Disclaimers Apply), Sections 9 (Evaluation Use; Restrictions; No Transfer), 11 (Confidentiality), 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) shall survive termination or expiration of this Beta Agreement for any reason.

16. Assumption of Risk

You knowingly and voluntarily assume all risks, whether known or unknown, foreseeable or unforeseeable, arising out of or relating to: the Beta Unit; installation, operation, monitoring, servicing, failure, removal, or return shipment; and participation in the Beta Program. 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.

17. Release of Liability

To the fullest extent permitted by law, you release and forever discharge SWERV and its officers, directors, employees, contractors, agents, affiliates, successors, and assigns from any and all claims , actions, causes of action, demands, rights, damages, costs and expenses, or liabilities arising out of or relating to the Beta Unit or participation in the Beta Program, including claims based on negligence, strict liability, product liability, failure to warn, property damage, personal injury, or breach of implied warranties, except where prohibited by law. For California residents: You hereby waive California Civil Code Section 1542 to the extent applicable, 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 claims, damages, losses, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your installation or use of the Beta Unit, the Site conditions, third-party claims, or your breach of this Beta Agreement or the Safety Guide.

19. Limitation of Liability

The limitation of liability provisions in the Site Terms apply to this Beta Agreement and the Beta Unit, to the fullest extent permitted by law.

20. Suspension; Removal; Recall Authority

SWERV may require suspension of use, modification, replacement, return, or removal of the Beta Unit for safety, quality, or Beta Program reasons. You agree to reasonably cooperate.

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, class action waiver, opt-out procedures, and governing law) apply to this Beta Agreement. In the event of conflict on beta-specific topics, this Beta Agreement controls. 

25. Entire Agreement; Severability; Electronic Acceptance

This Beta Agreement and the Site Terms constitute the entire agreement regarding the Beta Program. If any provision of the Beta Agreement is invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 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 Agreement will act as a waiver of those or any other rights.If any provision is unenforceable, the remainder remains effective. Checking a box, clicking “I agree,” or otherwise accepting electronically is the legal equivalent of a signature.