Terms of service
QUICK SUMMARY OF SWERV TERMS AND CONDITIONS
This summary is only here to make the legal terms easier to understand and is non-binding. The Terms and Conditions set out below are the only legally binding terms of the agreement.
Orders, preorders, and timing
Preorders can be cancelled for a full refund any time before shipment. Once a Product ships, it cannot be cancelled, but you may request a return under the Return Policy below.
Estimated shipping windows are estimates. If your timeline changes, you can cancel any preorder before shipment for a full refund.
Order “acceptance” happens when a Product ships. In practice, your payment may be collected when you place an order. If we cancel an order before shipment, we will refund amounts paid for the cancelled Product.
If a shipped package is lost in transit, you may request a replacement (or refund) as described in Section 2.5.1.
Returns and return shipping
You have 30 days from the Delivery Date to request a return (unless a Product is marked Final Sale).
“Same condition” does not mean “unopened.” It means no material damage, no missing major parts/accessories, and no alteration beyond normal careful inspection and reasonable trial use.
Minor cosmetic wear (small scratches, light scuffs, small chips) is OK. Missing or worn foam is OK.
Original shipping is not refundable (unless required by law or we explicitly state otherwise).
A $20 return shipping cost is deducted from refunds (we may waive it if we offer a local drop-off return option and you choose it).
After we send you a return shipping label, you must ship the return within 10 calendar days (meaning the carrier must accept the package within that 10-day period).
Warranty, in plain English
The warranty covers manufacturing defects in materials or workmanship under normal use during the Warranty Period.
The warranty typically does not cover damage from installation that is not in accordance with the Safety Guide, misuse, modifications, unauthorized repairs, power surges, water intrusion, severe weather, or teardown/reverse engineering.
Removing screws, opening panels (other than the wood front panel for cleaning or replacing the pleated filter, or the stainless steel pre filter), disassembly, or internal tampering voids the warranty unless we expressly instruct you in writing to do so.
If there is an issue, email support@swervair.com and we will tell you the next steps (and whether an RMA is needed).
Beta products have extra terms
If you buy a prototype or paid beta unit, you will also agree to Supplemental Terms, including the SWERV Paid Beta Program Agreement, which may include different rules and disclosures.
Disputes and arbitration
Most disputes must be resolved by binding arbitration, not court, with limited exceptions (like small claims court for qualifying claims).
You can opt out of arbitration within 30 days by mailing the opt-out notice described in Section 11.9.
Content you share with us (reviews, photos, videos)
If you post reviews/photos/videos as User Generated Content, you give us permission to use them for things like marketing as described below. Only post what you’re comfortable sharing publicly.
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SWERV TERMS AND CONDITIONS
Updated and effective: February 24, 2026
PLEASE READ THESE TERMS AND CONDITIONS (“Agreement”) CAREFULLY.
This Agreement is a legal contract between you (“User” or “you”) and SWERV Inc. (“SWERV,” “we,” “us”).
By accessing or using the SWERV website, its subdomains, or any other website with an authorized link to this Agreement (the “Website”) or accessing or using any content, information, services, features, or resources available or enabled via the Website (collectively, the “Services”) or clicking on a button or taking another action to signify your acceptance of this Agreement, including by buying any products we sell on the Website, including our window-mounted energy recovery ventilator (“SWERV Unit”) and any related accessories, including optional filters (“Filters,” together with SWERV Units, “Products”), you:
agree to be bound by this Agreement;
represent you are of legal age in your jurisdiction of residence to form a binding contract; and
represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Services.
Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use the Services.
PLEASE NOTE THAT JOINING A WAITLIST FOR ANY PRODUCT ONLY REPRESENTS A PRELIMINARY RESERVATION FOR YOU TO INDICATE YOUR INTEREST IN THAT PRODUCT. THE WAITLIST IS NOT A FINAL RESERVATION TO PURCHASE THE PRODUCT.
SWERV reserves the right to modify this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement or any applicable supplemental terms on the applicable Services. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes. For purchases, the terms that apply to your order are the terms you accept at checkout for that order, plus any Supplemental Terms you accept for that purchase.
PLEASE BE AWARE THAT SECTION 11 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND SWERV. AMONG OTHER THINGS, SECTION 11 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 11 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 11 CAREFULLY.
UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US THROUGH BINDING, FINAL ARBITRATION, WITH LIMITED EXCEPTIONS, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR OTHER REPRESENTATIVE PROCEEDING OR CLASS WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
You should print a copy of these terms or save them to your computer for future reference.
DEFINITIONS
“Delivery Date” means the date the carrier marks a Product as delivered to the shipping address in your order tracking.
“Preorder” means a Product offered for purchase before it is ready to ship or before it is in stock, including Products sold with estimated shipping windows.
“Supplemental Terms” means additional terms presented at checkout or otherwise made available by SWERV that apply to certain Products or programs, including the SWERV Paid Beta Program Agreement, the SWERV V2 Installation and Safety Guide, and the SWERV V2 Return Policy and Limited Warranty.
If Supplemental Terms conflict with this Agreement, the Supplemental Terms control only for the specific topics they address.
ELIGIBILITY AND USE OF THE SERVICES
1.1 Age of Majority
The Services and the shopping cart and checkout features of the Website are intended only for individuals who have reached the age of majority in their place of residence (18 in most states). If you are under the age of majority, you are not permitted to use or access the Services at any time or in any manner.
1.2 Use on Behalf of an Organization
If you are using the Services on behalf of a company, entity, or organization (collectively, an “Organization”), then you represent and warrant that:
you are an authorized representative of that Organization;
you have the authority to bind that Organization to this Agreement; and
you agree to be bound by this Agreement on behalf of that Organization.
1.3 Intended Use
You agree to use the Services and Products only for their intended purpose and in compliance with all applicable laws, rules, and regulations.
ORDER PROCESS
2.1 Order Acceptance
Each part of any order that you submit to SWERV constitutes an offer to purchase. If you do not receive a message from SWERV confirming receipt of your order, please contact our customer service at support@swervair.com before re-entering your order. SWERV’s confirmation of receipt of your order does not constitute SWERV’s acceptance of your order. SWERV is only deemed to have accepted your order once the Product(s) you ordered have been shipped.
2.2 Order Issues
Although we strive to accept all valid orders, SWERV reserves the right to deny any order for any reason, including if:
we discover an error in pricing and or other information about the Product or receive insufficient or erroneous billing, payment, and or shipping information;
we suspect an order has been placed using stolen payment card information or otherwise appears to be connected to fraud; or
the ordered Product is unavailable due to discontinuance or otherwise.
We may also refuse any order that is connected with a previous payment dispute.
2.3 Order Cancellation by SWERV
SWERV carries a limited supply of Products. If any Product is discontinued or otherwise becomes unavailable, SWERV reserves the right to cancel your order and provide you a refund for the amount paid for the cancelled Product.
2.4 Restrictions on Resale
To protect the intellectual property rights of SWERV and its licensors and suppliers, any resale of Products for personal and or business profit is strictly prohibited. SWERV reserves the right to decline any order that we deem to possess characteristics of reselling.
2.5 Third Party Fulfillment Provider
SWERV may use one or more third party service providers for fulfilling orders. By ordering any Product through the Services, you acknowledge that SWERV has no responsibility or liability for any delays that may result from orders handled by such third party service providers.
2.5.1 Shipping Issues; Lost in Transit
If a shipped order is lost in transit (meaning the carrier tracking shows the package was not delivered and the carrier confirms it is lost or the shipment is otherwise deemed lost after an investigation), you may request a replacement or refund by contacting support@swervair.com. If we confirm the shipment was lost in transit, we will, at our option, either (a) ship a replacement Product at no additional charge, or (b) refund the amounts paid for the lost Product.
This Section applies to loss in transit before delivery. If tracking shows the package was delivered (Delivery Date), additional policies may apply (including carrier claims), but please contact us and we will try to help.
2.6 Waitlists and Pre-orders
(a) Waitlists. From time to time, SWERV may provide customers with the opportunity to join a waitlist for a Product that has yet to be produced or is not ready to be shipped. Joining a waitlist is not a purchase and does not guarantee when or if the Product will become available, does not guarantee a delivery date, and does not lock in product features.
(b) Preorders and estimated shipping windows. If SWERV offers a Preorder, the Website may display an estimated shipping window. Estimated shipping windows are estimates only and may change, and delays may occur due to production or other factors within or beyond our control. These factors may be beyond our control, and we shall not be held liable for any damages or losses incurred due to such delays.
(c) Cancellations before fulfillment. For Preorders, you may cancel for a full refund at any time before SWERV fulfills the order (meaning before the Product ships). To cancel, contact support@swervair.com. Once an order ships, it cannot be cancelled and is instead governed by the Return Policy in Section 13.
(d) No guarantees. Please note that we cannot guarantee when or if a Product will become available to you. A waitlist or Preorder does not guarantee a specific production slot, delivery date, or features. SWERV may cap or close reservations, refuse orders, or cancel reservations in its sole discretion, including to avoid oversubscription. If SWERV cancels your reservation before shipment, SWERV will refund amounts paid for the cancelled Product.
(e) Reservation Deposits. From time to time, SWERV may offer the option to place a reservation deposit to secure a priority opportunity to purchase a Product from a future production batch, waitlist, or limited release (“Reservation Deposit”). Any Reservation Deposit terms presented at the time of offer (including the deposit amount, whether it is refundable, any estimated timing, and any checkout deadlines) are incorporated into these Terms and will control in the event of a conflict.
A Reservation Deposit is not a purchase of a Product, does not create a binding order, and does not guarantee that you will be able to purchase a Product. A Reservation Deposit does not guarantee any delivery date, shipping window, final price, specifications, features, or availability. A Reservation Deposit only reserves a place in line to receive notice and an opportunity to place an order if and when the applicable Product becomes available.
If we make units available for purchase, we may notify Reservation Deposit holders and provide instructions to complete checkout. We may issue a unique discount code or credit equal to the Reservation Deposit amount that may be applied toward the purchase of the applicable Product, subject to any conditions disclosed at the time of offer (for example, a time limit to complete checkout). You are responsible for completing checkout and paying the remaining balance, plus applicable taxes, shipping, and fees. If you do not complete checkout within any stated timeframe, we may cancel your reservation and offer the unit(s) to others.
Unless we expressly state otherwise at the time the Reservation Deposit is offered, Reservation Deposits are refundable upon request before you place a final order, and any approved refund will be issued to the original payment method. Once you place a final order, the Reservation Deposit will be applied to that purchase and will no longer be separately refundable. The Return Policy and Limited Warranty (and any beta-specific agreement, if applicable) will apply to the completed purchase.
We may modify, suspend, or discontinue any Reservation Deposit program at any time. If we cancel a Reservation Deposit program or determine that we will not make the applicable Product available, we will refund any refundable Reservation Deposits in accordance with the terms presented at the time of offer.
FEES, PRODUCT DESCRIPTIONS, AND PURCHASE TERMS
3.1 Product and Service Descriptions
We try to provide accurate depictions and descriptions of our Products and Services. However, we do not guarantee that descriptions, colors, dimensions, performance details, estimated shipping windows, or other content on our Website are accurate, complete, reliable, current, or error free. The actual appearance and performance of Products depends on your environment, installation, and use.
If the Product you receive is materially different from the description shown at the time you ordered it, your sole remedy is to request a return in accordance with our Return Policy in Section 13.
For manufacturing defects in materials or workmanship under normal use during the Warranty Period, see the Limited Product Warranty in Section 14.
3.2 Price
The price of a Product is as quoted on the Product listing at the time you place your order. All prices are exclusive of delivery costs and taxes, which will be added to the total at the time of checkout, as applicable. SWERV reserves the right to change the prices and delivery costs of Products at any time in its sole discretion.
3.3 Pricing Errors
While SWERV uses its best efforts to list the correct prices for Products, some Products may be listed at an incorrect price. We cannot confirm the final price of a Product until after your order is processed. If the correct price of a Product is higher than the price indicated at the time of your purchase, SWERV, at its sole discretion, may either contact you for instructions and allow you to confirm or cancel your order, and/or reject your order and notify you of such rejection.
3.4 Payment
You agree to pay SWERV, through our payment processor, for all Product orders in accordance with the prices and billing terms in effect at the time an order is made. You also agree to pay all applicable delivery costs and taxes. To make an order through the Services, you must provide valid payment information using payment methods we make available. Your payment provider agreement governs your use of the designated payment method, and you must refer to that agreement, not this Agreement, to determine your rights and liabilities. By providing your payment information, you agree that SWERV is authorized to invoice you for all fees and charges due and payable to SWERV hereunder and that no additional notice or consent is required. Please contact support@swervair.com regarding any billing disputes.
3.5 Third Party Payment Providers
SWERV uses third party service providers (including payment processors) to process card payments and for other payment services, such as card transaction processing and related services (e.g., Shopify) to facilitate payments made through our online store. By using the Services, you consent and authorize SWERV to share any information and payment instructions you provide to such providers to the minimum extent required to complete your transactions. You agree to be bound by such providers’ terms and privacy policies, as applicable. Your payments are processed subject to those providers’ terms and privacy policies, and we do not control or assume responsibility for their performance or security.
3.6 Discounts and Promotional Codes
We may, in our sole discretion, create discounts and promotional codes that may be used on your orders or other features or benefits, subject to any additional terms that we establish on a per-code basis (“Promo Codes”). You agree that Promo Codes: must be used for the intended audience and purpose, and in a lawful manner; may not be duplicated, sold, or transferred in any manner, or made available to the public unless expressly permitted by us; may be disabled by us at any time for any reason without liability to us; may only be used pursuant to the specific terms that we establish for such Promo Code; are not redeemable for cash; and may expire prior to your use.
3.7 Filter Purchases and Filter Packs
You may choose to purchase optional Filters individually, in multi-unit packs, or in combination with a SWERV Unit. Filters are consumable items and their lifespan may vary based on use, environment, and other factors.
INSTALLATION; REPAIR
4.1 Installation
Any attempt to install the Product creates a risk of injury and property damage. SWERV recommends that installation be performed in strict accordance with our standard installation instructions detailed in our SWERV V2 Installation and Safety Guide provided with the Product and or made available on the Website.
YOU ACKNOWLEDGE THAT SWERV SHALL HAVE NO, AND HEREBY DISCLAIMS ALL, LIABILITY OF ANY KIND WITH RESPECT TO PRODUCTS THAT ARE NOT INSTALLED AS SPECIFIED IN SWERV’S SWERV V2 INSTALLATION AND SAFETY GUIDE.
4.2 Repair
Any attempt to repair Products creates a risk of injury and property damage. We recommend that all repairs, whether or not covered by SWERV’s Limited Product Warranty, be performed by SWERV or a repair provider authorized by SWERV. SWERV will not provide any refund or reduction in fees for any Product that is damaged as a result of any attempted repair by anyone other than SWERV or a provider authorized by SWERV.
4.3 Disclaimer for Installation and Repair
YOU ACKNOWLEDGE AND AGREE THAT YOU AND OR ANY OTHER THIRD PARTY YOU ENGAGE TO ASSIST YOU, AND NOT SWERV, IS RESPONSIBLE FOR ALL INJURIES, INCLUDING DEATH, TO YOURSELF OR OTHERS, AND ALL DAMAGES TO PROPERTY, INCLUDING THE PRODUCTS, OF ANY NATURE CAUSED BY OR RESULTING FROM: (A) THE INSTALLATION OF THE PRODUCT(S); AND (B) ANY REPAIR (OR ATTEMPT TO REPAIR) OF THE PRODUCT(S). TO THE EXTENT PERMITTED BY APPLICABLE LAW, SWERV SHALL HAVE NO, AND HEREBY DISCLAIMS ALL, LIABILITY OF ANY KIND WITH RESPECT TO: (A) THE INSTALLATION OF THE PRODUCT; AND (B) ANY REPAIR OF (OR ATTEMPT TO REPAIR) THE PRODUCTS.
4.4 Stop-Use if Damage or Unsafe Condition
If the Product, power supply, plug, or cable appears damaged, frayed, cracked, overheated, or abnormal, or if the Product becomes loose or unstable in the window opening, you must stop use immediately, disconnect power, and contact support@swervair.com before continuing. Do not bend, pinch, crush, stretch, or sharply kink the power cable and do not route the cable where it can be damaged (including pinching the cable in a closing window or under furniture).
BETA PRODUCTS AND SUPPLEMENTAL TERMS
4.5 Paid Beta Program; prototype products
Some Products may be offered as prototype or pre-production units (“Beta Units”) as part of a limited beta testing program (a “Beta Program”). If you purchase or use a beta unit, you may be required to accept the SWERV Paid Beta Program Agreement at checkout (including by checking a box), and your use will be governed by that agreement and any other related Supplemental Terms.
4.6 Control of terms
If there is a conflict between this Agreement and the SWERV Paid Beta Program Agreement, the Beta Agreement controls only for beta-specific topics, including prototype disclosures, beta risk allocation, feedback and confidentiality expectations, and any beta-specific safety disclosures. All other topics remain governed by this Agreement. For the avoidance of doubt, the “Quick Summary” above is provided solely for convenience and does not form part of the Agreement or impose any rights or obligations on you or Company.
4.7 No medical device
SWERV Products, including any Beta Units, are not medical devices and are not intended to diagnose, treat, cure, or prevent any disease.
COMMUNICATIONS
5.1 Electronic Communications
By entering into this Agreement or using the Services, you agree to receive communications from us, including via email, text message, calls, and push notifications, to the extent permitted by law. Communications may include informational, transactional, operational, and customer service communications concerning your product orders, payments, or use of the Services.
If you provide us with your email address, you agree we may use it to send you offers, promotions, and news about our company, products, and Services. If you wish to opt out of promotional emails, you can unsubscribe using the unsubscribe options in the promotional email itself. Transactional and account-related emails may still be sent to you as permitted by law.
FEEDBACK AND USER GENERATED CONTENT
6.1 Feedback
If you make suggestions to SWERV about improving or adding new features, products, services, or functionality to the Services or Products, or you otherwise provide feedback or testimonials (collectively, “Feedback”), you grant SWERV a worldwide, perpetual, irrevocable, non-exclusive, sublicensable, transferable, royalty-free license and right to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise exploit in any manner such Feedback without any compensation or other obligation to you. You represent and warrant that you have all rights necessary to submit the Feedback.
6.2 User Generated Content
From time to time, we may allow you to post reviews, comments, photos, videos, or similar materials on the Website or through our social media pages that we control (collectively, “User Generated Content”). By posting or submitting User Generated Content, you represent and warrant that:
the User Generated Content is your original work or you have all rights necessary to post it;
the User Generated Content does not infringe, misappropriate, or violate any intellectual property rights, privacy rights, publicity rights, or other rights of any third party;
the User Generated Content does not slander, defame, threaten, harass, or otherwise violate the rights of any third party; and
the User Generated Content does not include profanity, obscene, indecent, or unlawful material.
By posting any User Generated Content, you grant SWERV a worldwide, non-exclusive, transferable, sublicensable, perpetual, royalty-free, fully paid-up license to use, reproduce, distribute, publicly display, publicly perform, transmit, create derivative works of, and otherwise use and exploit your User Generated Content, in any media now known or later developed, for any purpose, including marketing and promoting SWERV and the Products. You also grant SWERV a license to use the name, image, and likeness of any person identifiable in your User Generated Content.
SWERV has no obligation to monitor or remove User Generated Content, but reserves the right to remove or modify any User Generated Content at any time in its sole discretion.
OWNERSHIP OF AND LICENSE TO USE SERVICES
7.1 Use of the Services
SWERV and its suppliers own all rights, title, and interest in the Services and related content. The Services and Products are protected by copyright and other intellectual property laws throughout the world. Subject to this Agreement, SWERV grants you a limited license to use the Services solely for your personal, non-commercial purposes. SWERV, its suppliers, and service providers reserve all rights not granted in this Agreement.
7.2 Trademarks
All graphics, logos, trademarks, service marks, and trade names used on or in connection with the Services and Products are the property of SWERV or its licensors and may not be used without our prior written permission in connection with any third party products or services. You will not remove, alter, or obscure any copyright notice, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Products.
7.3 Restrictions
The rights granted to you in this Agreement are subject to the following restrictions:
you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the Services or any portion of the Services;
you shall not frame or use framing techniques to enclose any trademark, service mark, logo, or Services (including images, text, page layout, or form) of SWERV;
you shall not use any metatags or other “hidden text” using SWERV’s name, service marks, or trademarks;
you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the Services except to the extent such restrictions are expressly prohibited by applicable law;
you shall not use manual or automated software, devices, or processes to scrape or download data from the Services, except that operators of public search engines are granted revocable permission to use spiders to copy materials for the purpose of creating publicly available searchable indices of the materials;
you shall not access the Services or Products to build a similar or competitive product, website, application, or service;
no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted except as expressly stated in this Agreement;
you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services; and
you shall not interfere with or attempt to interfere with the proper functioning of the Services, including by introducing viruses, worms, harmful code, or by overloading, flooding, spamming, mail bombing, or crashing the Services.
Any unauthorized use of the Services terminates the licenses granted by SWERV pursuant to this Agreement.
7.4 Indemnification
You agree to indemnify and hold SWERV, its corporate parents, subsidiaries, and affiliates, and the officers, directors, employees, agents, representatives, partners, and licensors of each (collectively, the “SWERV Indemnitees”) harmless from any damages, losses, costs, liabilities, and expenses, including reasonable attorneys’ fees, relating to or arising out of any claims concerning:
your misuse of the Services or Products;
your violation of this Agreement; or
your violation of any applicable laws, rules, or regulations.
SWERV reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
7.5 No Reverse Engineering or Teardowns of Products
In addition to the restrictions above, you agree that you will not, and will not permit any third party to:
disassemble, decompile, decode, analyze, or otherwise attempt to derive or gain access to the internal design, structure, materials, source code, trade secrets, know-how, or performance data of any Product, except to the limited extent that applicable law expressly allows despite this restriction;
perform or commission detailed teardowns, destructive testing, or other analysis of a Product where the primary purpose is to study its design or to create or improve a competing product or service; or
purchase, resell, gift, loan, or otherwise transfer any Product to any person or entity where you know or reasonably should know that the primary purpose of that transfer is reverse engineering, teardown, or competitive analysis of the Product.
Any breach of this Section 7.5 is a material breach of this Agreement, will void the Limited Product Warranty for the affected Product, and may result in immediate termination of your rights to use the Services, along with any other remedies that may be available to SWERV under this Agreement or under applicable law.
DISCLAIMER OF WARRANTIES AND CONDITIONS
8.1 As Is
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES AND ANY PRODUCTS OFFERED THROUGH THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES AND ANY PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OTHER THAN AS EXPRESSLY PROVIDED IN WRITING BY SWERV IN CONNECTION WITH YOUR PURCHASE OF A PRODUCT, THE SWERV INDEMNITEES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
This Section does not affect our Return Policy or Limited Product Warranty in Sections 13 and 14.
8.2 Products
DESCRIPTIONS, IMAGES, REFERENCES, FEATURES, CONTENT, SPECIFICATIONS, PRODUCTS, PRICES, AND AVAILABILITY OF ANY PRODUCTS ARE SUBJECT TO CHANGE WITHOUT NOTICE. WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF OUR PRODUCTS; HOWEVER, THE ACTUAL COLOR YOU SEE WILL DEPEND ON YOUR DEVICE, AND WE CANNOT GUARANTEE THAT YOUR DEVICE WILL ACCURATELY DISPLAY SUCH COLORS. THE INCLUSION OF ANY PRODUCTS ON THE SERVICES AT A PARTICULAR TIME DOES NOT IMPLY OR WARRANT THAT THESE PRODUCTS WILL BE AVAILABLE AT ANY TIME.
8.3 Errors, Inaccuracies, and Omissions
OCCASIONALLY THERE MAY BE INFORMATION ON OUR SERVICES THAT CONTAINS TYPOGRAPHICAL ERRORS, INACCURACIES, OR OMISSIONS THAT MAY RELATE TO PRODUCT DESCRIPTIONS, PRICING, PROMOTIONS, OFFERS, PRODUCT SHIPPING CHARGES, TRANSIT TIMES, AND AVAILABILITY. SWERV RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES, OR OMISSIONS, AND TO CHANGE OR UPDATE INFORMATION OR CANCEL ORDERS IF ANY INFORMATION IN THE SERVICES OR ON ANY RELATED WEBSITE IS INACCURATE AT ANY TIME WITHOUT PRIOR NOTICE, INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER. WE HAVE NO OBLIGATION TO UPDATE, AMEND OR CLARIFY INFORMATION IN THE SERVICES OR ON ANY RELATED WEBSITE, INCLUDING WITHOUT LIMITATION, PRICING INFORMATION, EXCEPT AS REQUIRED BY LAW.
LIMITATION OF LIABILITY
9.1 Disclaimer of Certain Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SWERV INDEMNITEES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT SWERV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.2 Cap on Liability
UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE SWERV INDEMNITEES ARE LIABLE TO YOU EXCEED THE GREATER OF:
the total amount actually paid to SWERV for the Product giving rise to such liability;
the remedy or penalty imposed by the statute or regulation under which such claim arises; or
one hundred dollars (100 USD).
9.3 Basis of the Bargain
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SWERV AND YOU.
9.4 Exclusions
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE OTHER RIGHTS.
TERMINATION AND INTERNATIONAL USERS
10.1 Termination
At its sole discretion, SWERV may modify or discontinue the Services, or may modify, suspend, or terminate your access to the Services, for any reason, with or without notice to you and without liability to you or any third party. Without limiting the generality of the foregoing, a breach of Section 7.5 will be grounds for immediate suspension or termination of your access to the Services. Even after your right to use the Services is terminated, this Agreement will remain enforceable against you and unpaid amounts you owe to SWERV for Products purchased will remain due. Upon termination of this Agreement, all provisions which by their nature are intended to survive termination will survive.
10.2 International Users
The Services are controlled and offered by SWERV from its facilities in the United States of America. SWERV makes no representations that the Services and Products are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.
11. ARBITRATION AGREEMENT
11.1 Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and SWERV agree that any disagreement, controversy, or claim arising out of or relating in any way to your access to or use of the Services or of the Website, any communications you receive, any Products sold or distributed through the Website, the Services, or the Agreement and prior versions of the Agreement (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (1) you and SWERV may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or SWERV may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
11.2 Waiver of Jury Trial. YOU AND SWERV HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and SWERV are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
11.3 Waiver of Class and Other Non-Individualized Relief. EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection 11.8 entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and SWERV agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the Commonwealth of Massachusetts. The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all Disputes between the parties that remain in arbitration are finally resolved. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or SWERV from participating in a class-wide or mass settlement of claims.
11.4 Rules and Forum. The Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement, including the procedures governing Batch Arbitration, and any arbitration. If Informal Dispute Resolution does not resolve satisfactorily within forty-five (45) days after receipt of a Notice, or after completion of the Informal Dispute Resolution Conference, if requested, you and SWERV agree that either party shall have the right to finally resolve the Dispute through binding arbitration.
The arbitration will be administered by the National Arbitration & Mediation ("NAM”) in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the “NAM Comprehensive Rules”) in effect at the time of arbitration, except as supplemented, where applicable, by the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the “NAM Mass Filing Rules”; together with the NAM Comprehensive Rules, the “NAM Rules”), and as modified by this Arbitration Agreement. The NAM Rules are currently available at https://www.namadr.com/resources/rules-fees-forms/.
A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Demand”). The Demand must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration, and the account username (if applicable), as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) a statement certifying that the requesting party will pay any necessary filing fees in connection with such arbitration. Any Demand you send to SWERV should be sent by email to support@swervair.com. SWERV will provide the Demand to your email address on file. It is your responsibility to keep your contact information up to date.
If the party requesting arbitration is represented by counsel, the Demand shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Demand. By signing the Demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that, consistent with the standards set forth in Federal Rule of Civil Procedure 11(b): (1) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery (“Counsel’s Certification”).
Unless you and SWERV otherwise agree, or the Batch Arbitration process discussed in subsection 11.8 is triggered, the arbitration, including any in-person arbitration hearing, will be conducted in the Commonwealth of Massachusetts or, at your election, the county and state where you reside. Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of arbitration. If NAM is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any NAM fees and costs will be solely as set forth in the applicable NAM fee schedules (the “Fee Schedules”).
You and SWERV agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
You and SWERV agree that at least 14 days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer.
11.5 Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the Commonwealth of Massachusetts and will be selected by the parties from NAM's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Demand, then NAM will appoint the arbitrator in accordance with NAM Rules, provided that if the Batch Arbitration process under subsection 11.8 is triggered, NAM, without soliciting input or feedback from any party, will appoint the arbitrator for each batch, subject to your right to object to that appointment.
11.6 Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except that all Disputes regarding the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such subsection entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
11.7 Attorneys’ Fees and Costs. Unless fee shifting is specifically authorized by law or by the NAM Rules, the parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Demand was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). To the extent, following a presentation on the merits, on its own motion or a party’s, and after affording a reasonable opportunity to respond, an arbitrator determines that a party who commenced arbitration did not bring its claim(s) consistent with Counsel’s Certification and the standards set forth in Federal Rule of Civil Procedure 11(b), the parties agree that the arbitrator shall, as part of its award, impose sanctions by ordering that the initiating party reimburse the responding party for all arbitration filing and administrative fees and arbitrator costs the responding party incurred under the Fee Schedules.
11.8 Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and SWERV agree that in the event that there are twenty-five (25) or more individual Demands of a substantially similar nature filed against SWERV by or with the assistance of the same law firm, group of law firms, or organizations, within a reasonably proximate period of time, for example, a ninety (90) day period, NAM shall (1) administer the arbitration demands in batches of 100 Demands per batch (or, if between twenty-five (25) and ninety-nine (99) individual Demands are filed, a single batch of all those Demands, and, to the extent there are fewer than 100 Demands remaining after the batching described above, a final batch consisting of the remaining Demands); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award, which will provide for any and all relief to which the arbitrator determines each individual party is entitled (“Batch Arbitration”). NAM shall administer all batches concurrently, to the extent possible.
All parties agree that Demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issue(s) and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing Procedural Arbitrator or, should the circumstances so require, an Emergency Arbitrator, according to the NAM Rules, to determine the applicability of the Batch Arbitration process (the Procedural Arbitrator or Emergency Arbitrator, the “Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by SWERV.
You and SWERV agree to cooperate in good faith with NAM to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Demands, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.
This Batch Arbitration provision shall in no way be interpreted as authorizing or creating a class, collective, and/or representative arbitration or action of any kind, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process.
11.9 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: SWERV Inc, 444 Somerville Drive, Somerville, MA 02143, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your SWERV account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. Any Opt-Out Notice will be effective only if you send it yourself, on an individual basis, and opt out notices from any third-party purporting to act on your behalf will have no effect on your or SWERV’S rights. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any arbitration agreements that you may currently have with us, including any previous versions of this Arbitration Agreement to which you agreed and did not timely opt out, which will remain in effect, and has no effect on any arbitration agreements with us you may enter in the future.
11.10 Invalidity, Expiration. Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief,” if any part or parts of this Arbitration Agreement (other than Section 11.8) are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect. However, if Section 11.8 of this Arbitration Agreement is found under the law to be invalid or unenforceable then, in that case, the entire Arbitration Agreement shall be void, and the parties agree that all Disputes will be heard in the state or federal courts located in the Commonwealth of Massachusetts. You further agree that any Dispute that you have with SWERV as detailed in this Arbitration Agreement must be initiated within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
11.11 Modification. You and we agree that SWERV retains the right to modify this Arbitration Agreement in the future. Any such changes will be posted at https://swervair.com/policies/terms-of-service and you should check for updates regularly. Notwithstanding any provision in these Terms to the contrary, we agree that if SWERV makes any future material change to this Arbitration Agreement, it will notify you. Your continued use of the Website and/or Services, including the acceptance of Products and services offered on the Website following the posting of changes to this Arbitration Agreement, constitutes your acceptance of any such changes. If you have previously agreed to a version of this Agreement with an arbitration agreement and you did not validity opt of arbitration then, changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of your previous agreement to arbitrate. SWERV will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Agreement.
GENERAL PROVISIONS
12.1 Electronic Communications
The communications between you and SWERV use electronic means. You consent to receive communications from SWERV in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communications that SWERV provides to you electronically will have the same legal effect as if they were set forth in writing.
12.2 Assignment
This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without SWERV’s prior written consent. Any attempted assignment in violation of the foregoing will be null and void. SWERV may freely assign this Agreement.
12.3 Force Majeure
SWERV shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, fuel, energy, labor, or materials.
12.4 Questions, Complaints, Claims
If you have any questions, complaints, or claims with respect to the Services or Products, please contact us at support@swervair.com.
12.5 Exclusive Venue
To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and SWERV agree that all claims and disputes arising out of or relating to this Agreement that are not brought in a small claims court will be litigated exclusively in the state or federal courts located in the Commonwealth of Massachusetts.
12.6 Governing Law
This Agreement and any action related to it will be governed and interpreted by and under the laws of the Commonwealth of Massachusetts, consistent with the Federal Arbitration Act, without giving effect to conflict of law principles that would require the application of the law of another jurisdiction.
12.7 Notice
Where SWERV requires that you provide an email address, you are responsible for providing SWERV with your most current email address. SWERV’s dispatch of an email notice to your last provided address will constitute effective notice.
12.8 Waiver
Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
12.9 Severability
If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
12.10 Export Control
You may not use, export, import, or transfer the Services or Products except as authorized by U.S. law.
12.11 Consumer Complaints.
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
12.12 Entire Agreement
This Agreement, together with any Supplemental Terms you accept, is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written.
Copy of SWERV V2 Return Policy and Limited Warranty for Easy Access
Quick Summary of V2 Return Policy and Limited Warranty
THIS SUMMARY IS FOR YOUR CONVENIENCE ONLY AND DOES NOT REPLACE OR SUPPLEMENT THE RETURN POLICY OR LIMITED WARRANTY. FOR THE AVOIDANCE OF DOUBT, THE LANGUAGE IN THIS SECTION IS NON-BINDING.
30-day returns (from delivery): You can request a return within 30 days of delivery (the date the carrier marks your package delivered).
Normal try-out is fine: Installing and using the unit during the return window is OK.
Minor cosmetic wear is OK: Small scratches, light scuffs, and small paint or powdercoat chips are OK.
Foam wear or missing foam is OK: Missing or worn foam is OK as long as core parts are intact.
Major parts must be included: Missing major parts like a front panel, fans, or any screw-retained parts can make the return ineligible.
Return shipping: If approved, we provide a return label and $20 is deducted from your refund to cover return shipping (may be waived for approved local drop-off).
Return shipment deadline: After we send you a return label, you must hand the package to the carrier within 10 calendar days.
Refund timing: If approved, we issue your refund within 10 business days after we receive your return.
12-month limited warranty (from delivery): Covers defects in materials and workmanship under normal use for 12 months from delivery.
Do not remove any screws: Unless we instruct you in writing, removing screws, disassembly, or internal access voids the warranty and may make a return ineligible.
If anything arrives damaged or wrong, email us right away: We will work with you to make it right.
If anything in this summary conflicts with the legal terms below, the legal terms below control.
SWERV V2 Return Policy and Limited Warranty
Effective: February 24, 2026
This document is part of, and is incorporated into, the SWERV Terms and Conditions as “Supplemental Terms.” If there is a conflict between this document and the SWERV Terms and Conditions, this document controls for return and warranty topics. If you purchased a paid beta unit and accepted a beta agreement, that beta agreement may add beta-specific rules, but this Return Policy and Limited Warranty still governs returns and warranty unless the beta agreement clearly says otherwise.
Definitions
“Delivery Date” means the date the carrier marks the Product as delivered to the shipping address in your order tracking.
“Product” means a SWERV window-mounted energy recovery ventilator and any related accessories sold by SWERV.
“Core components” means the main unit and key parts required for safe operation and refurbishment, including the plastic and sheet metal enclosure, front panel, pleated filter, stainless steel prefilter, and internal fan or core modules.
“SWERV,” “we,” “us,” or “our” means SWERV Inc.
PART A: RETURN POLICY
1) Return window (request deadline)
You may submit a return request for any purchased Product (excluding Products marked Final Sale at time of purchase) within thirty (30) days of the Delivery Date for a refund in accordance with this policy.
2) Return authorization required
Returns require approval from SWERV before shipment. Do not ship a return until you receive return authorization from SWERV.
3) Eligible return condition
To be eligible for return, the Product must be returned:
in its original packaging or similarly protective packaging, and
with the main unit plus all core components and accessories that originally shipped with it.
We understand a Product may show signs of normal installation and use during the return window. The following are generally acceptable and do not, by themselves, make a return ineligible:
minor cosmetic wear, such as small scratches, light scuffs, or small chips,
dust or normal indoor residue from typical use,
missing or worn foam pieces that are not part of the core mechanical or electrical assembly.
4) What can make a return ineligible
A return may be ineligible (or may be rejected and sent back to you) if the Product is:
missing major components or key parts, including, for example:
sheet metal top and bottom,
plastic side panels,
front panel,
pleated filter or stainless steel prefilter,
any electronics (including external power supply),
internal fan or core modules, or
any other screw-retained parts that would normally require tools to remove,
broken, cracked, or structurally damaged (not just minor cosmetic),
materially damaged due to misuse, neglect, heavy impact, liquid exposure, improper storage, or operation outside intended use,
altered or modified, including signs of removed screws, disassembly or internal tampering, or
returned without required accessories needed to evaluate or restock the Product.
Important: Do not remove screws, open panels (aside from front wooden panel for filter replacement), or disassemble the unit unless you contact us first and we expressly instruct you in writing to do so. Unauthorized internal access may void the warranty and may also make the return ineligible, especially if parts are missing or damaged.
If we receive a return that is missing major components or is materially damaged beyond normal use, we may reject the return and send it back to you at your cost.
5) Return shipping deadline after label
If your return is approved, we will provide a return shipping label. After we send you the return shipping label, you must ship the return within ten (10) calendar days (meaning the carrier must accept the package within that 10-day period). If you do not ship within that timeframe, we may require you to request a new return authorization and we may deny the return if you are outside the return request window.
6) Shipping fees and return shipping cost
Original outbound shipping fees are not refundable unless required by law or explicitly stated by us in writing.
If your return is approved and you ship the Product back, a return shipping cost of twenty dollars ($20) may be deducted from your refund.
If we offer (and you choose) a local drop-off return at a SWERV-designated location, we may waive the $20 deduction.
7) Refund timing
If your return is approved, we will issue your refund within ten (10) business days after we receive your returned Product. Refunds are credited back to the original payment method only.
8) How to request a return
To request a return, email support@swervair.com and include:
your name and billing address,
order number,
shipping address, and
if the Product was a gift: the name, address, and ZIP code of the person who placed the order.
We may ask for photos to confirm condition and included components before issuing return authorization.
9) Items that arrive damaged or wrong products
If your Product arrives damaged, defective on arrival, or you received the wrong item, contact support@swervair.com promptly and include photos of the packaging and Product. We will work with you on the right next step, which may include replacement, repair, or refund. Where required by law or where we determine it is appropriate, we may waive the $20 return shipping deduction in these situations.
10) Return evaluation
We inspect all returns. If a return does not meet this policy, we may reject the return and notify you. If rejected, we may ship it back to you at your cost.
PART B: SWERV LIMITED PRODUCT WARRANTY
1) Limited warranty coverage
We warrant to the original purchaser only that any product identified below as a “Covered Product” that you purchased from SWERV will be free from defects in materials and workmanship under normal use for a period of twelve (12) months from the Delivery Date (the “Warranty Period”), as documented by valid proof of purchase. SWERV’s sole obligations under this Limited Product Warranty are as specified in the “Remedies” section below.
This Limited Product Warranty is subject to the exclusions and limitations below.
2) Covered Products
Covered Products are SWERV window-mounted energy recovery ventilators sold by SWERV.
This Limited Product Warranty applies only against defects discovered within the Warranty Period and only so long as the Covered Product remains in the possession of the original purchaser (or, for a gifted Covered Product, the original possessor). This Limited Product Warranty is valid only in jurisdictions where the Covered Product is sold by SWERV.
3) Remedies
If a defect in a Covered Product arises and a valid claim is received by SWERV within the Warranty Period, SWERV will, at its option and to the extent permitted by law:
repair the defective Covered Product at no charge using new or refurbished replacement parts, or
exchange the defective Covered Product with a new or refurbished Covered Product or a reasonably equivalent product, or
if SWERV determines repair or replacement is not reasonable, refund the purchase price paid for the Covered Product.
You may be responsible for shipping and handling charges for delivery of a repaired or replacement Covered Product, except where prohibited by applicable law. Any replacement of a defective Covered Product or parts will be warranted for the remainder of the original Warranty Period or for any additional period required by applicable law.
4) How to obtain warranty service (RMA required)
If you believe you need warranty service, contact support@swervair.com to request a Return Merchandise Authorization (RMA). Your request must be made within the Warranty Period and include:
proof of purchase,
a brief explanation of the defect, and
the steps you have taken to troubleshoot.
Once you receive an RMA, you will need to return the Covered Product in accordance with the Return Policy outlined above. By sending the Covered Product, you hereby acknowledge that ownership of such product is transferred to us upon SWERV’s receipt. Products sent without an RMA may be rejected or returned at your cost or disposed of in SWERV’s sole discretion with no further liability or obligation to you.
5) What voids the warranty (important)
This Limited Product Warranty is void if the Product has been altered, modified, or tampered with.
Unless SWERV expressly instructs you in writing to do so, removing any screws, disassembly, or any internal access voids the warranty, even if the Product is later reassembled. This includes removing screw-retained covers, or internal parts. Note you can still tilt open or remove the front wooden panel to clean or replace the pleated filter.
Service performed by anyone not authorized by SWERV also voids the warranty.
6) Exclusions
This Limited Product Warranty only applies to Covered Products and does not apply to:
ordinary wear and tear, corrosion, rust, stains, or cosmetic damage (including scratches or dents),
damage caused by installation or use not in compliance with SWERV installation and safety instructions,
use with components, parts, or accessories not intended for or compatible with the Covered Product,
modification of the Covered Product, including adding after-market components,
any teardown, disassembly, reverse engineering, screw removal, or internal tampering, including resulting damage or performance changes (unless SWERV expressly instructs you in writing to do so),
damage caused by events outside SWERV’s control (for example: power surges, water intrusion, severe weather), or
service performed by anyone not authorized by SWERV.
Filters, window locks, and other consumable items have a limited useful life and are not Covered Products under this Limited Warranty.
7) Implied warranties and limitation of damages
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED PRODUCT WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON DURATION, SO THIS MAY NOT APPLY TO YOU.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, SWERV SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, OR DATA, RESULTING FROM ANY BREACH OF AN EXPRESS OR IMPLIED WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THESE EXCLUSIONS OR LIMITATIONS, SO THEY MAY NOT APPLY TO YOU.
8) Other terms
No employee or representative of SWERV is authorized to modify, extend, or add to this Limited Product Warranty. If any term of this warranty is held illegal or unenforceable, the remaining terms remain in effect.
This Limited Product Warranty is and will be governed by the laws of the Commonwealth of Massachusetts, without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction.
Any disputes between you and SWERV related to this Limited Product Warranty or a Covered Product will be governed by the dispute resolution procedures in the SWERV Terms and Conditions.
Questions or returns: support@swervair.com
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COPY OF 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).
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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.