Terms of Use

Effective Date: 08/01/2022

Welcome to Swell Consulting Co, LLC (“Swell Consulting Co,” “we,” “us,” or “our”). We help brands stand out and grow through:

Digital Strategy: Authentic, targeted, and performance-driven brand positioning.
Content Generation: Fresh, relevant creative that inspires action.
Business Growth Marketing: Scalable strategies that deliver measurable results.

By accessing swellconsulting.co or using our services, you agree to these Terms. If you do not agree, do not use our site or services.

1. Scope of Agreement

These Terms apply to your use of our website, services, and any content we provide (“Services”). If you are accessing on behalf of a company, you represent you have authority to bind that entity.

2. Intellectual Property

All content, features, functionality, software, trademarks, and logos (“Website Content”) are owned by Swell Consulting Co or its licensors and protected under copyright, trademark, and other laws.

You may view and link to our site for lawful, personal, non-commercial use.
You may not copy, modify, distribute, reverse-engineer, or create derivative works without prior written consent.
We reserve all rights not expressly granted.

3. Acceptable Use

You agree not to:

Damage, disable, overburden, or impair the Services.
Violate intellectual property, privacy, or other rights of Swell Consulting Co or others.
Use our Services for unlawful, fraudulent, or harmful purposes.
Introduce malware, viruses, or automated scraping tools without authorization.
Attempt unauthorized access to our systems, networks, or accounts.
Copy or aggregate Website Content for competitive purposes.

We may suspend or terminate access for any violation of these Terms.

4. Content You Provide

If you submit ideas, feedback, or creative (“User Content”), you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display it solely for delivering and improving our Services. You represent you have all rights necessary to grant this license.

5. AI & Third-Party Tools

We may use AI and other third-party tools to assist in providing Services. While we make reasonable efforts to ensure accuracy and compliance, you are responsible for reviewing deliverables before public use.

6. Disclaimers

THE SERVICES AND WEBSITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING TITLE, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNT PAID TO US FOR THE SERVICE IN THE SIX MONTHS BEFORE THE CLAIM.

8. Indemnification

You agree to indemnify and hold harmless Swell Consulting Co, its affiliates, and service providers from any claims, damages, or expenses (including attorneys’ fees) arising from your use of the Services, violation of these Terms, or infringement of any rights.

9. Third-Party Content & Links

Our site may link to third-party websites or services. We are not responsible for their content, policies, or practices.

10. Privacy

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

11. Governing Law & Dispute Resolution

These Terms are governed by Texas law, excluding its conflict-of-law rules. Disputes will be resolved through binding arbitration in Austin, Texas, under the Commercial Arbitration Rules of the American Arbitration Association. No class or representative claims are permitted.

12. Force Majeure

We are not liable for delays or failures due to events beyond our reasonable control, including natural disasters, labor disputes, internet outages, or governmental actions.

13. Changes to Terms

We may update these Terms at any time. The “Last Updated” date will reflect changes. Continued use after updates means acceptance.