Terms of Use
Welcome to Swittch, a rewards platform operated by Equlise LLC, a company incorporated under the laws of the State of Delaware, United States of America (USA) (hereinafter referred to as "we," "us," "our," or "Equlise"). These Terms and Conditions (the "Terms") govern your access to and use of the Swittch app and website, accessible via web browsers, Android, and iOS applications (collectively, the "Service"). By accessing or using the Service, you signify your agreement to be bound by these Terms in their entirety. If you do not agree to these Terms, you are not permitted to access or use the Service.
1. Eligibility for Use
To use the Service, you must be at least 18 years of age and a resident of a country where the Service is legally available. By accessing or using the Service, you represent and warrant that you meet these eligibility requirements and that you have the legal capacity to enter into this agreement. We reserve the right to refuse access to the Service to any individual or entity at our sole discretion, without notice or liability.
2. Account Registration and Security
In order to access certain features of the Service, including but not limited to participating in surveys, redeeming rewards, and engaging with the Swittch Tribe community, you are required to register an account. During registration, you agree to provide accurate, current, and complete information as requested, including your name, email address, and any demographic details necessary for survey personalization. You are responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities that occur under your account. You further agree to notify us immediately at hello@swittch.com if you suspect any unauthorized use of your account or any other breach of security. We shall not be liable for any loss or damage arising from your failure to safeguard your account credentials.
3. User Conduct and Responsibilities
You agree to use the Service solely for lawful purposes and in accordance with these Terms. You shall not engage in any activity that disrupts, damages, or impairs the Service, including but not limited to attempting to manipulate surveys, streaks, or leaderboards through fraudulent means such as the use of bots, automated scripts, or multiple accounts. You are prohibited from posting or transmitting any content through the Service that is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable, including within the Swittch Tribe community chat features. We reserve the right to investigate any suspected violations of these Terms and to take appropriate action, including suspension or termination of your account, at our sole discretion.
4. Earning and Redeeming Rewards
4.1 Earning Rewards
The Service allows you to earn points by engaging in various activities, including completing surveys, participating in giveaways, maintaining daily, weekly, or monthly streaks, and achieving survey spree milestones. Points are awarded based on your activity and are subject to verification to ensure compliance with these Terms. We reserve the right to adjust point balances or withhold points if we determine, in our sole discretion, that points were earned through fraudulent or unauthorized means.
4.2 Redeeming Rewards
Points accumulated through the Service may be redeemed for rewards, including cash payouts via PayPal, gift cards from providers such as Amazon, Spotify, Starbucks, or Shein, or other options as determined by us. Reward redemptions are subject to minimum thresholds, verification processes, and availability. We strive to process payouts instantly, but we do not guarantee the availability of any specific reward or the timeliness of redemption processing. Rewards are provided on an "as is" basis, and we are not responsible for any issues arising from third-party reward providers.
4.3 Commitment to Fairness
Swittch operates with a commitment to fairness, ensuring zero platform fees, zero bots, and zero ads. We take reasonable measures to maintain a transparent and equitable earning environment, but we do not guarantee specific earnings or survey availability, which may vary based on your profile and third-party survey provider requirements.
5. Intellectual Property Rights
All content, features, and functionality of the Service, including but not limited to text, graphics, logos, trademarks, and software, are the exclusive property of Equlise LLC or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes, subject to these Terms. You shall not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any portion of the Service without our prior written consent.
6. Termination of Access
We reserve the right to suspend, terminate, or restrict your access to the Service at our sole discretion, with or without notice, for any reason, including but not limited to your violation of these Terms, suspected fraudulent activity, or conduct that we deem harmful to the Service or other users. Upon termination, your right to access and use the Service will cease immediately, and any unredeemed points or rewards in your account may be forfeited without compensation. Provisions of these Terms that by their nature should survive termination, including intellectual property rights, disclaimers, and limitation of liability, shall remain in effect.
7. Disclaimers of Warranties
The Service is provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted or error-free, or free from unwanted components. We further do not guarantee the availability of surveys, the accuracy of leaderboard rankings, the timeliness of reward redemptions, or the achievement of any specific earnings. Your use of the Service is at your sole risk, and you are responsible for any decisions made based on the information provided through the Service.
8. Limitation of Liability
To the fullest extent permitted by applicable law, Equlise LLC, its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising out of or relating to your use of the Service, even if we have been advised of the possibility of such damages. Our aggregate liability to you for any claim arising under these Terms or your use of the Service shall not exceed the total amount of rewards you have redeemed through the Service in the six months preceding the claim. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.
9. Indemnification
You agree to indemnify, defend, and hold harmless Equlise LLC, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of or relating to your use of the Service, your violation of these Terms, or your infringement of any third-party rights, including intellectual property rights. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate fully with us in asserting any available defenses.
10. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law principles. Any dispute, controversy, or claim arising out of or relating to these Terms or your use of the Service shall be resolved exclusively in the state or federal courts located in Wilmington, Delaware, and you hereby consent to the jurisdiction of such courts. You waive any objection to venue in such courts and any claim that such forum is inconvenient.
11. Modifications to the Terms
We reserve the right to modify these Terms at our sole discretion, with or without notice, to reflect changes in our practices, legal requirements, or features of the Service. Any modifications will be posted on this page with an updated "Last Updated" date. Where required by law, we will notify you of material changes through email, in-app notifications, or other reasonable means prior to the effective date of such changes. Your continued use of the Service following the posting of updated Terms constitutes your acceptance of the revised terms.
12. Contact Information
For any questions, concerns, or notices regarding these Terms, please contact us at hello@swittch.com or by mail at Equlise LLC, 3 Germay Dr Unit 4 2141, Wilmington, Delaware, 19804, USA. We will respond to your inquiries in a timely manner.
13. Miscellaneous
These Terms constitute the entire agreement between you and Equlise LLC regarding your use of the Service, superseding any prior agreements or understandings. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You may not assign or transfer your rights or obligations under these Terms without our prior written consent, but we may assign or transfer these Terms without restriction.
