SwellFrame

Terms of Service

Effective date: March 9, 2026

Welcome to SwellFrame. These Terms of Service ("Terms") govern your access to and use of the SwellFrame website, customer portal, connected e-ink display devices, and all related services (collectively, the "Service") operated by SwellFrame LLC ("SwellFrame," "we," "us," or "our").

By creating an account, purchasing a device, or using the Service in any way, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Account Registration

To use the Service, you must create an account by providing accurate and complete information, including your name, email address, and a password. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately if you suspect unauthorized access.

You must be at least 18 years of age to create an account and use the Service.

2. Device & Service Description

SwellFrame provides connected e-ink display devices that show surf forecasts, tide information, and weather data. The Service includes forecast data retrieval, rendering, device management through the customer portal, and optional AI-enhanced forecasts.

Forecast data is sourced from third-party providers and is provided on an informational basis only. SwellFrame does not guarantee the accuracy, completeness, or timeliness of forecast data. You should not rely solely on SwellFrame forecasts for safety-critical decisions.

3. Device Registration & Linking

Each SwellFrame device must be registered to a user account using the registration code provided with your order or through the device pairing process. A single account may have multiple devices linked. Certain features, including forecast access through the customer portal, require at least one linked device.

4. Subscriptions & Billing

SwellFrame devices are sold as a one-time purchase that includes access to the standard forecast service. Optional premium features (such as AI-enhanced forecasts) may require a separate subscription.

Payments are processed by Stripe, Inc. By providing payment information, you authorize us to charge the applicable fees. All fees are in US dollars unless otherwise stated. You are responsible for any applicable taxes.

Subscription renewals occur automatically unless cancelled before the renewal date. You may cancel your subscription at any time through the customer portal or by contacting us.

5. Refunds & Returns

Please see our Shipping & Returns Policy for details on returns, refunds, and exchanges.

6. Acceptable Use

You agree not to:

7. Intellectual Property

All content, software, firmware, designs, trademarks, and other intellectual property related to SwellFrame are owned by SwellFrame LLC or its licensors. You are granted a limited, non-exclusive, non-transferable license to use the Service for personal, non-commercial purposes in accordance with these Terms.

8. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your information.

9. Third-Party Services

The Service relies on third-party providers for forecast data (Stormglass), payment processing (Stripe), and other functionality. We are not responsible for the availability, accuracy, or policies of these third-party services.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWELLFRAME LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, REVENUE, OR PROFITS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless SwellFrame LLC and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Service or your violation of these Terms.

13. Termination

We may suspend or terminate your access to the Service at any time for violation of these Terms or for any other reason at our discretion, with or without notice. Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination will survive.

You may delete your account at any time by contacting us at hello@swellframe.co.

14. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Service. Your continued use of the Service after such changes constitutes acceptance of the updated Terms.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of New Jersey, United States, without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be resolved in the state or federal courts located in Monmouth County, New Jersey.

16. Contact Us

If you have questions about these Terms, please contact us:

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