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Terms of Service

Effective Date: April 18, 2026  ·  Swellr Technologies LLC

Please read carefully. Section 19 contains a binding arbitration agreement and a class-action waiver that affect your legal rights. Unless you opt out as described in Section 19.6, disputes between you and Swellr will be resolved by individual arbitration and not in court or as part of a class action.

These Terms of Service ("Terms") are a binding legal agreement between you and Swellr Technologies LLC. They govern your use of KeepSpot and any other applications or software we make available.

1. Use of the App

The App is provided for personal, non-commercial use. You agree to use it only for lawful purposes and in accordance with these Terms. You are solely responsible for all content you create, store, save, or import using KeepSpot. We reserve the right to suspend or terminate access if these Terms are violated.

2. Eligibility

You must be at least 13 years old (or 16 where that is the applicable minimum) to use the App. By using the App, you confirm you meet this requirement and have the legal capacity to enter into these Terms.

3. Accounts

KeepSpot does not require an account or login. You are responsible for the security of your device, your Apple ID, and any subscription purchases made through your Apple ID.

4. Data Storage, Sync, and Backups

4.1 Local-first storage

By default, all content you save is stored locally on your device. Swellr does not operate servers that store your content.

4.2 Optional iCloud Sync

When enabled, content is stored in your personal iCloud account (private CloudKit container). iCloud Sync depends on Apple's service availability. Swellr does not receive, access, or control content in your iCloud container.

4.3 Backups and exports

The App includes export tools (Settings → Data). You are responsible for exporting and safeguarding your data.

4.4 Your assumption of risk

To the maximum extent permitted by law, Swellr is not responsible for loss, corruption, or deletion of your content — whether caused by device failure, iCloud issues, App bugs, or any other cause. You assume all risk associated with using the App and are solely responsible for maintaining independent backups of any data you consider important.

5. Acceptable Use

You agree not to use the App for unlawful, fraudulent, abusive, or harassing purposes; to store or distribute harmful or infringing content; to attempt to reverse-engineer or exploit the App; or to circumvent any subscription or feature restrictions.

6. Subscriptions and Payments

Premium features are available via subscription managed entirely by Apple through the App Store. Prices and trial terms are shown at checkout in the App. You may cancel at any time in your Apple ID subscription settings. Swellr does not process payments and does not issue refunds — refund requests must go through Apple.

7. Intellectual Property

You own the content you create. KeepSpot and all related software, designs, and trademarks are owned by Swellr Technologies LLC. You are granted a limited, non-exclusive, non-transferable license to use the App for personal use in accordance with these Terms.

8. Third-Party Content and DMCA

KeepSpot may fetch article text and metadata from third-party websites when you save a URL. Swellr is not responsible for third-party content. Swellr operates as a service provider and intends to comply with the safe-harbor provisions of the Digital Millennium Copyright Act (17 U.S.C. § 512). Repeat infringers may have their access to the App terminated.

If you believe content accessible through the App infringes your copyright, send a notice to info@swellrtechnologies.com with the subject line "DMCA Notice." Your notice must include:

  • Identification of the copyrighted work you claim has been infringed;
  • Identification of the allegedly infringing material and information reasonably sufficient to locate it;
  • Your full name, mailing address, telephone number, and email address;
  • A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law;
  • A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf;
  • Your physical or electronic signature.

Counter-notice. If your content was disabled or removed and you believe this was a mistake or misidentification, you may send a counter-notice to the same address. Consistent with 17 U.S.C. § 512(g), Swellr may restore the material unless the original complainant files a court action within the statutory period.

9. Privacy

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

10. Disclaimer of Warranties

The App is provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the App will be error-free, uninterrupted, or that any particular feature will work for your needs.

11. Limitation of Liability

To the maximum extent permitted by law, Swellr Technologies LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages — including loss of data, lost profits, or loss of goodwill — arising out of or related to your use of the App, even if advised of the possibility of such damages. Our total liability to you for any claim will not exceed the amount you paid us in the 12 months preceding the claim (which may be zero, given that payments go through Apple).

12. Indemnification

You agree to indemnify and hold harmless Swellr Technologies LLC and its members, officers, and agents from any claims, damages, or expenses arising from your use of the App, your violation of these Terms, or your violation of any third-party rights — except to the extent the claim arises from Swellr's gross negligence, willful misconduct, or breach of these Terms.

13. Termination

We may suspend or terminate your access to the App at any time if you violate these Terms. You may stop using the App at any time by deleting it. Sections that by their nature should survive termination will do so, including Sections 10–19.

14. Changes to the App and Terms

We may update the App or these Terms from time to time. The current Terms will be posted at keepspotapp.com. For material changes, we will provide at least 30 days' notice via the App or the website before the changes take effect. Continued use after the effective date constitutes acceptance; if you do not agree, stop using the App and uninstall it.

15. Governing Law

These Terms are governed by the laws of the United States. Subject to Section 19, any action not subject to arbitration will be brought in applicable state or federal courts.

16. Severability

If any provision is found unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will remain in effect.

17. Time Limit for Claims

Any claim arising from these Terms must be filed within one (1) year after it arose, to the maximum extent permitted by law.

18. Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and Swellr Technologies LLC regarding the App.

19. Dispute Resolution — Binding Arbitration and Class Waiver

Please read carefully. This section affects your legal rights, including your right to file a lawsuit in court.

19.1 Scope

You and Swellr agree that any dispute arising out of or relating to these Terms or the App will be resolved by binding individual arbitration, not in court, except as provided in Section 19.6.

19.2 Informal resolution first

Before arbitrating, you must send a written notice to info@swellrtechnologies.com with subject "Notice of Dispute" describing the issue and relief sought. The parties will attempt to resolve the dispute in good faith for at least 60 days.

19.3 Arbitration

If informal resolution fails, disputes will be resolved through final binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (available at adr.org). Arbitration will take place by phone, video, or written submissions.

19.4 Class-action waiver

You and Swellr may only bring claims against each other in an individual capacity — not as part of any class, collective, or representative proceeding.

19.5 Opt-out

You may opt out of arbitration by emailing info@swellrtechnologies.com with subject "Arbitration Opt-Out" within 30 days of first accepting these Terms. Include your name and a statement that you wish to opt out.

19.6 Exceptions

Either party may bring an individual action in small-claims court, or seek injunctive relief in court to protect intellectual property rights.

19.7 Mandatory consumer protections

Nothing in these Terms overrides mandatory consumer protection rights you have under the laws of your country or state that cannot be waived by contract.

20. Contact

Swellr Technologies LLC
info@swellrtechnologies.com
www.swellrtechnologies.com
United States

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