Terms & Conditions
Each time you use the Site or the Services, the then-current version of the Terms will apply. If you use the Site or the Services after a modification of these Terms, you agree to be bound by the Terms as modified.
THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS WITH RESPECT TO THE SITE AND THE SERVICES, INCLUDING YOUR RELATIONSHIP WITH US, AND INCLUDE AN ARBITRATION PROVISION THAT MAY LIMIT YOUR ABILITY TO PURSUE CLAIMS AGAINST US IN COURT. PLEASE READ THEM CAREFULLY AND REVIEW THEM REGULARLY.
NOTICE OF AUTOMATIC RENEWAL. THIS AGREEMENT CONTAINS AN AUTORENEWAL PROVISION RELATING TO YOUR SUBSCRIPTION TO THE SERVICES.
ANY REFERENCE TO “VERIFIED SITTERS” OR A “VERIFIED NETWORK” ONLY REFERS TO THE FACT THAT SWISHBOOM COMPLETED THE VERIFICATION PROCESSES OUTLINED IN SECTION 2.07 WITH RESPECT TO A USER AT THE TIME OF SUCH USER’S ENROLLMENT AS A USER OF THE APP. NOTWITHSTANDING THE FOREGOING, SWISHBOOM CANNOT AND DOES NOT GUARANTEE THE ACCURACY OF ANY INFORMATION PROVIDED BY A USER. YOU ACKNOWLEDGE AND AGREE THAT SWISHBOOM DOES NOT CONDUCT BACKGROUND CHECKS ON ANY USER.
1. Access and Compliance
1.03 Certain of the Services or portions of the Site may require you to register for an account (“Account”). As part of the Account creation process, you may be asked to provide a username and password unique to the Account (“Login Information”). You are responsible for the confidentiality and use of your Login Information and agree not to transfer or disclose your Login Information to any third party other than an individual with express authority to act on your behalf. If you suspect any unauthorized use of your Account, you agree to notify us immediately. You are solely responsible for any activities occurring under your Account. You have no ownership right to your Account. You may not create an Account for or on behalf of an organization. Please contact Swishboom for enterprise account options.
1.04 You acknowledge and accept that we can terminate your Account for any reason. If we terminate your Account, you shall be responsible for no further payments to us. We do not make refunds of any payment received, but if your Account is terminated (except for breaches of Section 4 below), you shall retain the ability to use the Services through the end date of the current payment period.
1.05 If you provide information of references when using the App, you acknowledge and agree that we may contact such references and ask them to verify, among other things, the nature of their association with you. We may also require you to verify other information you provide, including your phone number and email address, and you authorize us to complete other verification procedures, including entering your name into sex offender registry databases.
2.01 Swishboom may be used to facilitate the listing, marketing, acceptance, and completion of babysitting opportunities (“Appointments”). We make our Services available as an online marketplace for users who list available Appointments (“Care Seekers”) to connect with other users who want to book babysitting appointments (“Caregivers”) and make arrangements directly with each other. Swishboom IS NOT AN AGENCY. We do not employ or engage Caregivers. Our responsibilities are limited to providing an App where Care Seekers can connect with Caregivers and facilitating the availability of the Services.
2.03 CAREGIVERS ARE NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS OR FRANCHISEES OF SWISHBOOM. SWISHBOOM DOES NOT PERFORM ANY OBLIGATIONS IN CONNECTION WITH THE CARE PROVIDED FOR CARE SEEKERS AND DOES NOT EMPLOY CAREGIVERS TO PERFORM SUCH OBLIGATIONS. USERS HEREBY ACKNOWLEDGE THAT SWISHBOOM DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR A CAREGIVER’S APPOINTMENTS BUT MAY MONITOR BOOKINGS MADE THROUGH THE SERVICES.
2.04 Swishboom strongly recommends that, if any User is introduced to an individual who may be a suitable Caregiver, said User should take all reasonable and sensible precautions and steps to assess such individual. Any information gained from questionnaires or tests on the App are based solely upon information submitted by other individuals or Users of the App. Accordingly, Swishboom makes no guarantees as to its correctness, completeness, or accuracy of such User Content and cannot verify or otherwise ascertain the accuracy of such user-submitted information. Users are solely responsible for undertaking steps to check or otherwise ascertain the accuracy of any user-submitted information. Each user is solely responsible for the accuracy, legality, currency and compliance of its own User Content and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.
2.06 Although Swishboom attempts to maintain the integrity and accuracy of the information on the App, Swishboom provides any services on an “as is” basis and makes no guarantees as to its correctness, completeness, or accuracy. The App may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the App by third parties without our knowledge. If you believe that information found on the App is inaccurate or unauthorized, please inform Swishboom by contacting us via information provided below. Swishboom specifically disclaims any implied warranties of merchantability or fitness for a particular purpose. Further, Swishboom does not warrant that your use of the service will be secure, uninterrupted, always available or error-free, or that the service will meet your requirements or that any defects in the service will be corrected. Swishboom disclaims liability for, and no warranty is made with respect to, connectivity and availability.
2.07 Caregivers and Care Seekers are solely responsible for their interactions with each other, and any other parties with whom such user interacts, whether online through the App or offline. Caregivers and Care Seekers agree that Swishboom will not be responsible for any liability incurred as the result of such interactions. ALTHOUGH SWISHBOOM DOES VERIFY EACH CAREGIVER’S EMAIL ADDRESS AND PHONE NUMBER, CHECK THE CAREGIVER’S NAME AGAINST THE SEX OFFENDER REGISTRY IN THE STATE WHERE THE CAREGIVER LISTS A PRIMARY RESIDENCE, AND CONTACT REFERENCES PROVIDED BY THE CAREGIVER (“VERIFICATION PROCESSES”), SUCH VERIFICATION PROCESSES ARE COMPLETED ON THE CAREGIVER’S ENROLLMENT, AND SWISHBOOM DOES NOT HAVE ANY ONGOING VERIFICATION PROCEDURES. LIKEWISE, YOU ACKNOWLEDGE AND AGREE THAT SWISHBOOM DOES NOT CONDUCT BACKGROUND CHECKS ON ANY APP USERS. ALTHOUGH SWISHBOOM DOES CONDUCT LIMITED VERIFICATION AS NOTED ABOVE, SWISHBOOM CANNOT AND DOES NOT GUARANTEE THE ACCURACY OF ANY INFORMATION AND DOES NOT ENDORSE, CERTIFY, OR GUARANTEE ANY INFORMATION ABOUT ANY USER. SWISHBOOM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ITS USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS.
2.08 You acknowledge and agree that Swishboom is not liable, and you agree not to seek to hold Swishboom liable, for the conduct of third parties, including operators of external sites, and that the risk of economic damages from such third parties’ rests entirely with you. Swishboom makes no warranty that the goods or services provided by third parties will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Swishboom makes no warranty regarding the quality of any such goods or services, or the accuracy, timeliness, truthfulness, completeness or reliability of any User Content obtained through the App.
3.03 If you contact us with any suggestions, comments, concerns, or other feedback (“Feedback”), you assign any and all rights in such Feedback to us in their entirety.
4. Use of the App
4.01 By using or accessing the App, you agree to the following:
(b) You will use the App in a manner consistent with any and all applicable laws and regulations. You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the App. You will not transmit any chain letters or junk email to other members. To protect our Users against such conduct, Swishboom may limit or otherwise control the number of messages that any User may send in a day. You are solely responsible for your interactions with other Users of the App. Swishboom reserves the right, but has no obligation, to monitor and/or mediate disputes between you and other Users of the App.
(c) You are solely responsible for the content or information you post, publish or display on the App, or transmit to other Users. You shall not post on the App, or transmit to other Users or to Swishboom or its employees, agents or representatives, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not include in your profile any offensive language, including but not limited to offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and you will not post any photos containing nudity or personal information. Swishboom reserves the right, but has no obligation, to reject any profile or photo that does not comply with the prohibitions set forth in this section. Swishboom reserves the right to refuse service to anyone, at our sole discretion.
(i) Harassing, abusing or otherwise inappropriately contacting any other User of the App;
(ii) Collecting information about the App or any Users of the App without our written consent;
(iii) Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting, filtering or changing any content or information contained in the App, without our written consent;
(iv) Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the App or any portion thereof;
(v) Accessing or using the site for commercial or competitive purposes;
(vi) Disguising the origin of information transmitted to, from, or through the App.
(vii) Impersonating another person;
(viii) Distributing viruses or other harmful computer code;
(ix) Allowing any other person or entity to impersonate you to access or use the App;
(x) Using the App for any purpose in violation of local, state, national, international laws
(xi) Using the App in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the User or others;
(xii) Posting, distributing or reproducing in any way, any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights;
(xiii) Removing any copyright, trademark or other proprietary rights notices contained in the App or forging headers or otherwise manipulating identifiers in order to disguise the origin of any information transmitted through the App;
4.02 If Swishboom finds that you violated the terms of this Section or any terms stated herein, Swishboom reserves the right, at its sole discretion, to immediately deactivate your use of the App and Services. By using the Services, you agree that Swishboom may assess, and you will be obligated to pay, $5,000 per each day that you: (i) keep or maintain the User Content of any other User (including but not limited to, names, addresses, phone numbers, or email addresses) or copyrighted material that you scraped (either directly or indirectly in a manual or automatic manner) from the App, or (ii) otherwise misuse or misappropriate User Content or Swishboom Property, including but not limited to, use on a “mirrored,” competitive, or third-party site. This obligation shall be in addition to any other rights Swishboom may have under these Terms or applicable law. Further, in order to protect the integrity of the App and the Service, Swishboom reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the App.
5. User Content
5.01 When you post content and information to the Site or in connection with the Services (“User Content”), you represent and warrant to us that (i) you own or have rights to use the User Content, (ii) the posting of the User Content does not violate any rights of any person or entity, and (iii) such User Content is accurate, complete, and correct. User Content includes any information you post to the Services, including but not limited to personal information about you as a User, or information relating to a potential Appointment.
6. Teen Users.
6.01 If you are a Teen User, you may register to use the App only if your parent or legal guardian (1) verifiably consents to your registration through the App and/or (2) (where available) becomes a registered User (a “Consenting Parent User”). Consenting Parent Users will have access to all communications between the Teen User and other Users as well as a copy of all emails Swishboom sends to the Teen User. Consenting Parent Users may respond to communications sent by other Users to the Teen User and may report inappropriate message content to Swishboom. Consenting Parent Users may also log in to, update the settings of and terminate their Teen User’s account.
7.01 All bookings made and processed through Swishboom may be subject to a booking fee at the then current rates, which will be displayed to Care Seekers prior to completing a transaction. In the event a Care Seeker cancels a booking within twenty-four (24) hours prior to the start of the booking, or after the booking has already begun, the Care Seeker agrees to pay the appropriate booking fee that was displayed at the time the booking was made, in addition to any cancellation fees that may be assessed up to a maximum of $20.
7.02 In the event a Caregiver cancels a booking within two (2) hours prior to the start of the booking, or after the booking has already begun, the Caregiver agrees that Swishboom has the right, at its sole discretion, to immediately suspend, terminate, or deactivate the Caregiver’s use of the App and Service.
8. Third Party Obligations
9.02 YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE SUBJECT TO THIS AUTOMATIC RENEWAL FEATURE UNLESS YOU CANCEL YOUR SUBSCRIPTION ON OR BEFORE THE RENEWAL COMMENCEMENT DATE BY CONTACTING SUPPORT@SWISHBOOMAPP.COM. IF YOU DO NOT WISH YOUR SUBSCRIPTION TO RENEW AUTOMATICALLY, PLEASE CONTACT SUPPORT@SWISHBOOMAPP.COM. IF YOU CANCEL YOUR SUBSCRIPTION, YOU MAY USE YOUR SUBSCRIPTION UNTIL THE END OF YOUR THEN-CURRENT SUBSCRIPTION TERM; YOUR SUBSCRIPTION WILL NOT BE RENEWED AFTER YOUR THEN-CURRENT TERM EXPIRES. HOWEVER, YOU WILL NOT BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD.
9.03 By subscribing, you authorize our authorized payment processor to charge you now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if Swishboom does not receive payment from you, (a) you agree to pay all amounts due upon demand and/or (b) you agree that Swishboom may either terminate or suspend your subscription and continue to attempt to charge your credit or debit card until payment is received (for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received). You agree that Swishboom reserves the right to process any transaction automatically after 24 hours of a completed booking.
(b) You expressly understand and agree that BRAINTREE handles all payments or monetary transactions that occur through your use of the App or Service. You expressly understand and agree that Swishboom shall not be liable for any payments or monetary transactions that occur through your use of the App or Service. You also agree that Swishboom shall not be liable for any issues regarding any monetary transactions between you and any other third party, including BRAINTREE.
9.04 We may offer non-subscription Services (“A La Carte Services”), which may subject you to fees charged per usage and/or terms. If you use an A La Carte Service, you agree to pay the fees and any taxes incurred at the time of usage.
10. Limitation of Liability
10.01 SWISHBOOM DOES NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN USERS OF THE APP IN ANY WAY. IN NO EVENT WILL SWISHBOOM BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SWISHBOOM OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.02 EXCEPT IN REGARD TO YOUR INDEMNIFICATION OBLIGATIONS HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SWISHBOOM FOR USE OF THE APP DURING THE TERM OF YOUR MEMBERSHIP/SUBSCIPTION. SWISHBOOM WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, INCLUDING BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF THE USE OF THIS APP, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF YOUR COMMUNICATIONS WITH AND/OR INTERACTIONS WITH ANY OTHER USER OF THE APP, OR ANY INDIVIDUAL YOU ARE INTRODUCED TO VIA THE APP.
11. Assumption of Risk
You assume all risks when using the App and Services, including but not limited to all risks associated with interacting with Users of the App whether it be online or offline, including any risks associated with permitting your child or children to drive in an automobile with Caregivers. Swishboom assumes no liability related to any transportation provided by Caregivers and Swishboom does not control the condition, legality, safety, or suitability of any transportation provided by Caregivers, regardless of whether the automobile or motor vehicle is owned by you. You agree to take all necessary precautions when interacting with other Users of the App, whether it be online or offline, including satisfying yourself with any Caregiver’s credentials, drivers records, insurance policies, employment history, and/or permits sufficient to protect your child. Swishboom is not an owner or operator of automobiles or other transportation vehicles and does not own, resell, sell, furnish, provide, rent, re-rent, manage, or control any vehicles or transportation or travel services. Swishboom’s services are limited to facilitating the availability of the Services.
If you have a dispute with one or more of the other Users of the App, you release Swishboom (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
14. Resolution of Disputes – Mandatory Arbitration
We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of appeal under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties.
15. Copyrights and Trademarks
15.01 The contents of the App are protected by international copyright and trademark laws. The owner of the copyrights and trademarks, names, logos and service marks are Swishboom, its affiliates or other third party licensors. Except as stated herein, none of the contents of the App may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Swishboom.
15.02 DMCA Statement
Owners of copyrights or their agents that believe any content on this App infringes upon said copyrights will submit a notice pursuant to the Digital Millennium Copyright Act (“DMCA”) to Swishboom immediately upon discovery. If you wish to file a takedown request via mail or by e-mail, please provide the following information as outlined by the DMCA to the contact information below.
• The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf.
• A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
• Identification of the location where the original or an authorized copy of the copyrighted work exists.
• Identification of the URL or other specific location on this App where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
• Your name, address, telephone number, and email address so that we may contact you.
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Any notices given pursuant to the DMCA shall be given to the designated agent of the App at firstname.lastname@example.org or via registered, United States mail sent return receipt to:
105 S 51st Street
Omaha, NE 68132
If you have any questions regarding these terms or wish to contact us for any matter, please email: email@example.com.