Effective date: January 1, 2025 · Last updated: January 1, 2025
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and SwornUp Inc. ("Sworn," "we," "us," or "our"), a Delaware corporation, governing your access to and use of the Sworn platform, website, applications, and services (collectively, the "Service").
BY CREATING AN ACCOUNT, CLICKING "I AGREE," OR USING THE SERVICE IN ANY WAY, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND UNCONDITIONALLY AGREE TO BE BOUND BY THESE TERMS AND ALL POLICIES INCORPORATED HEREIN. YOUR USE OF THE SERVICE CONSTITUTES YOUR ELECTRONIC SIGNATURE TO THIS AGREEMENT.
You represent that you are at least 18 years of age, have the legal capacity to enter into contracts, and are not prohibited from using the Service under applicable law.
Sworn is a financial accountability platform that enables users to create personal commitments backed by real monetary stakes. The core mechanic is as follows: (a) a User creates a commitment describing a task or behavior; (b) the User specifies a monetary stake amount to be charged if the commitment is not fulfilled; (c) the User connects a valid payment method; and (d) if the User fails to confirm completion of their commitment before the specified deadline, the stated stake amount is automatically charged to their payment method.
Sworn is a motivational tool only. We do not verify, track, or confirm whether Users have actually completed their stated commitments. Sworn relies entirely on User self-reporting via the "Check In" function. We provide no mechanism to verify, audit, or dispute whether a commitment was actually completed. The check-in system operates on the honor system, and any false check-ins are the sole responsibility of the User.
3.1 PAYMENT AUTHORIZATION. By connecting a payment method to your Sworn account, you expressly authorize SwornUp Inc. to charge your payment method automatically and without additional notice when: (a) you manually report a missed commitment; or (b) the deadline for an active commitment passes without you recording a check-in. You authorize these charges to occur even when you are not actively using the Service ("off-session charges").
3.2 ABSOLUTE ZERO REFUND POLICY. ALL CHARGES MADE THROUGH THE SWORN PLATFORM ARE FINAL AND NON-REFUNDABLE. THIS IS NOT A STANDARD REFUND POLICY — IT IS THE CORE MECHANISM OF THE SERVICE. By using Sworn, you expressly waive any right to a refund, chargeback, or reversal of any charge made pursuant to your commitment stakes, including but not limited to charges resulting from:
YOU ACKNOWLEDGE THAT THE ZERO REFUND POLICY IS ESSENTIAL TO THE INTEGRITY OF THE SERVICE AND IS THE PRIMARY REASON SWORN IS EFFECTIVE AS AN ACCOUNTABILITY TOOL. ANY ATTEMPT TO DISPUTE OR REVERSE A CHARGE THROUGH YOUR FINANCIAL INSTITUTION (CHARGEBACK) CONSTITUTES A MATERIAL BREACH OF THESE TERMS AND MAY RESULT IN IMMEDIATE ACCOUNT TERMINATION AND LEGAL ACTION TO RECOVER ALL AMOUNTS PLUS LEGAL FEES.
3.3 Platform Fee. Sworn retains a 10% platform fee on all charges processed for missed commitments. The remaining 90% is retained as surplus. There are no other hidden fees for standard use.
3.4 Subscription Plans. Paid subscription plans (e.g., "Sworn Pro") are billed monthly in advance and are non-refundable, including for partial billing periods. You may cancel your subscription at any time, and your access will continue through the end of your current billing period.
4.1 Your Commitments Are Your Own. You are solely responsible for: (a) setting accurate and achievable commitment terms; (b) setting correct deadline times and frequencies; (c) checking in before deadlines; (d) understanding that the Service cannot pause, extend, or waive commitments once created.
4.2 ASSUMPTION OF ALL RISK. YOU EXPRESSLY ASSUME ALL RISKS ASSOCIATED WITH USING THE SWORN PLATFORM, INCLUDING BUT NOT LIMITED TO: financial loss resulting from missed commitments; technical failures of the platform; charges made due to app bugs, glitches, server outages, or other technical malfunctions; incorrect charges due to timezone differences; and any other risk arising from voluntary participation in the Service. YOU ACCEPT THAT TECHNICAL ISSUES DO NOT EXEMPT YOU FROM CHARGES.
4.3 Accurate Information. You agree to provide accurate account information and maintain a valid payment method at all times. Providing false information or an invalid payment method is a breach of these Terms.
5.1 DISCLAIMER OF WARRANTIES. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
5.2 LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SWORNUP INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.3 CAP ON LIABILITY. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE GREATER OF: (a) THE TOTAL AMOUNT OF SUBSCRIPTION FEES YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM; OR (b) ONE HUNDRED DOLLARS ($100.00). THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
5.4 ESSENTIAL BASIS. YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND SWORN. SWORN WOULD NOT PROVIDE THE SERVICE TO YOU WITHOUT THESE LIMITATIONS.
6.1 MANDATORY ARBITRATION. EXCEPT AS SET FORTH IN SECTION 6.3, ALL DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE FINALLY RESOLVED BY BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS CONSUMER ARBITRATION RULES. THE ARBITRATION SHALL BE CONDUCTED IN ENGLISH ON A DOCUMENTS-ONLY BASIS UNLESS THE ARBITRATOR DETERMINES A HEARING IS NECESSARY. THE ARBITRATOR'S DECISION SHALL BE FINAL AND BINDING.
6.2 CLASS ACTION WAIVER. YOU AND SWORN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS PROCEEDING.
6.3 Exception. Either party may seek emergency injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration.
6.4 Governing Law. These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. You consent to personal jurisdiction in Delaware for any disputes not subject to arbitration.
6.5 Time Limitation. Any claim arising out of or related to these Terms must be filed within one (1) year after the claim arose; otherwise, the claim is permanently barred.
We reserve the right to suspend or terminate your account at any time for any reason, including violation of these Terms, suspected fraud, or chargebacks filed against us. Upon termination, your access to the Service ceases immediately. No refunds will be issued upon termination. Outstanding commitment charges remain due and payable.
All content, design, code, trademarks, and materials on the Sworn platform are owned by SwornUp Inc. and protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written consent.
We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the "Last Updated" date and, where appropriate, by email. Your continued use of the Service after changes constitutes acceptance of the revised Terms. If you do not agree to modified Terms, you must close your account.
For legal matters: legal@swornup.com
For support: support@swornup.com
SwornUp Inc. · 2035 Sunset Lake Road, Suite B2 · Newark, Delaware 19702