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 SWERV V2 Return Policy and Limited Warranty.

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).

You can publish what you measure

Whether you buy a beta unit or a production unit, you may measure the performance of your SWERV and publish the results, good or bad, without our permission. Airflow, noise, CO2, energy use, reliability, all of it. We do not review or approve reviews before they are posted, and this Agreement has no non-disparagement rule. The only thing we ask you not to publish is what is inside the box: teardowns, internal photos, schematics, firmware, and bill of materials. See Section 7.5.

Beta products have extra terms

If you buy a pre-production beta unit, you will also agree to the SWERV V2 Paid Beta Program Agreement, which adds beta-specific safety disclosures and a discount toward a future production unit.

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.

SWERV TERMS AND CONDITIONS

Updated and effective: July 12, 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 V2 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.

1. 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.

2. 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 Resale

SWERV sells Products for personal residential use. Commercial resale, bulk resale, or resale as an unauthorized distributor or dealer is prohibited, and SWERV reserves the right to decline any order that we deem to possess characteristics of commercial reselling.

This Section does not restrict your right to sell, gift, or otherwise dispose of a Product you own for personal, non-commercial reasons. Note that the Limited Product Warranty runs to the original purchaser only and does not transfer with the Product. Beta Units are subject to Section 9.3 of the SWERV V2 Paid Beta Program Agreement, which restricts resale during the Beta Program for safety reasons and lifts automatically when the Beta Program ends.

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 SWERV V2 Return Policy and Limited Warranty.

(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 SWERV V2 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.

3. 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 the SWERV V2 Return Policy and Limited Warranty.

For manufacturing defects in materials or workmanship under normal use during the Warranty Period, see the Limited Product Warranty in the SWERV V2 Return Policy and Limited Warranty.

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.

4. INSTALLATION; REPAIR; BETA PRODUCTS

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).

4.5 Paid Beta Program; pre-production products

Some Products may be offered as 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 V2 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 V2 Paid Beta Program Agreement, the Beta Agreement controls only for beta-specific topics, including pre-production 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 SWERV.

4.7 Beta participants may publish their results

Participants in a Beta Program may publish any performance data they measure from the exterior of a Beta Unit, and any honest review of it, without SWERV's consent, review, or approval. See Section 11 of the SWERV V2 Paid Beta Program Agreement. Confidentiality obligations under that agreement are limited to non-public internal design information (teardowns, internal photos, schematics, firmware, and bill of materials) and do not restrict reviews or the publication of measured performance data.

4.8 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.

5. 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.

6. 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.

This license is non-exclusive. You retain full ownership of your Feedback and the unrestricted right to publish it yourself. Providing Feedback to SWERV does not make that Feedback confidential and does not limit your ability to publish it.

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. This right applies only to content posted on the Website or on social media pages that SWERV controls. It does not give SWERV any right to remove, edit, or approve content you post anywhere else, and SWERV will not remove content from its own pages solely because it is critical or unfavorable.

7. 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. For clarity, nothing in this Section 7.3 restricts you from measuring, testing, or publishing the performance of a Product you purchased. See Section 7.5.1.

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. This Section does not apply to any lawful review or publication you make under Section 7.5.1 or 7.5.2.

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, or otherwise attempt to derive or gain access to the internal design, structure, materials, source code, trade secrets, or know-how of any Product, except to the limited extent that applicable law expressly allows despite this restriction;
perform or commission detailed teardowns, destructive testing, or internal analysis of a Product where the primary purpose is to study its internal 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 teardown or internal design analysis of the Product.

7.5.1 External measurement is expressly permitted. Nothing in this Section, or anywhere else in this Agreement, restricts you from measuring, testing, benchmarking, or recording the performance of a Product from the outside, without opening it, or from publishing the results. Airflow, CFM, sound and noise levels, CO2, temperature, humidity, particulate and VOC readings, power draw, energy performance, reliability, defects and failures you experience, and installation experience are yours to publish, favorably or unfavorably, without SWERV's consent, review, or approval. Your test data belongs to you.

7.5.2 No review restrictions. SWERV does not restrict, and will not enforce any restriction on, your ability to publish an honest review of a Product you purchased. This Agreement contains no non-disparagement obligation. A lawful review or a publication of measured performance data is never a breach of this Agreement, will never void your Limited Product Warranty, will never be treated as grounds for terminating your access to the Services, and will never affect your eligibility for a return or refund.

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.

8. 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 the SWERV V2 Return Policy and Limited Warranty. Where SWERV provides an express written limited warranty on a Product, implied warranties are not disclaimed and are instead limited in duration to the applicable Warranty Period, to the extent permitted by applicable law.

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.

9. 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 Exceptions

NOTHING IN SECTIONS 9.1 OR 9.2 LIMITS OR EXCLUDES LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY SWERV'S GROSS NEGLIGENCE, RECKLESSNESS, WILLFUL MISCONDUCT, OR FRAUD.

9.4 Basis of the Bargain

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SWERV AND YOU.

9.5 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.

10. 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. SWERV will not suspend or terminate your access to the Services, or refuse to sell to you, because you published a lawful review or measured performance data under Section 7.5.1 or 7.5.2. 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. This confidentiality obligation applies only to materials and documents exchanged in the arbitration proceeding itself. It does not restrict you from publicly describing your own experience with a Product, your own measured performance data, or the existence or outcome of a dispute.

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 Avenue, Somerville, MA 02143, or by email to support@swervair.com with the subject line "Arbitration Opt-Out," 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 validly opt out 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.

12. 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.

12.13 Company Information

SWERV Inc. 444 Somerville Avenue Somerville, MA 02143 United States support@swervair.com

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