Terms of Services
Published on February 9th, 2024
These terms and conditions (hereinafter referred to as the “Agreement”) govern the contractual relationship between Skwash Inc., a Delaware corporation, including its subsidiaries, affiliates, agents, and assigns, (“Skwash”, “we”, “us” or “our”) and you (“you” and “your”) when you use service and features through the Skwash website or mobile application (the “Services”). The Services include but are not limited to your account with us (“Skwash User Account”, or “Skwash Account”), the Skwash website, our mobile application (or any other app that we may create in the future) (“Skwash App”, or “App”), the Skwash Extension, any and all associated technologies used by or with the Services and any other services provided by Skwash or other third parties where this Agreement is presented to you.
Some Services, such as our payment, or loyalty program products, may require you to agree to additional terms and conditions. To the extent there is a conflict between this Agreement and any additional terms and conditions, the terms and conditions will control unless such additional terms expressly state otherwise.
You can at any time access the latest version of this Agreement via the Skwash App or at skwash.me/terms.
ARBITRATION NOTICE: EXCEPT AS DESCRIBED IN THE “MANDATORY ARBITRATION OF DISPUTES” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AT THE ELECTION OF EITHER PARTY, AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS OR TO PARTICIPATE IN A CLASS, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, REPRESENTATIVE, OR COLLECTIVE ACTION IN COURT OR IN ARBITRATION, UNLESS YOU OPT-OUT AS DESCRIBED IN THE SAME SECTION BELOW.
1. Changes to this Agreement
We may unilaterally amend any part of this Agreement at any time by posting amended terms on skwash.me/terms, and you acknowledge that EACH TIME YOU USE ANY OF THE SERVICES, YOU AGREE TO THE CURRENT VERSION OF THIS AGREEMENT. However, unless you agree to changes to this Agreement by using any of the Services, amendments we make to this Agreement will not impose new obligations on you with respect to any actions you took before the change became effective. Any changes become effective as of the published date above.
2. Eligibility
To be eligible to use the Skwash Services, you must:
Be a resident of the United States or its territories, or be a resident of the European Union;
Be at least 13 years old;
Be able to receive security verification codes via text message.
Additionally:
You don't have to disclose your identity, but you can't impersonate others;
If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user);
You can't use a domain name or URL in your username without our prior written consent;
By using Skwash Services, you certify that you have obtained any necessary parental consent required in your country. Skwash cannot be held liable for users failing to secure such approval.
3. Definitions
Services: Refers to the digital platform provided by Skwash, including but not limited to, the mobile application and website through which users can share, discover, and express intent to fulfill wishes listed by others within the community. Skwash is not an Online Merchant, Money Transmitter, Broker, Financial Institution, Creditor or Charity.
Wish: A user-generated post on Skwash Services that describes an item or experience a user desires to receive. A wish includes details such as a description, possibly a link to an external product page, and any other relevant information shared by the user.
Skwash (Pledge): A non-binding expression of intent by a user to contribute towards fulfilling another user's wish. It symbolizes a user's interest in helping a wish come true but does not constitute a legal commitment or obligation to provide any financial support or actual goods.
User Interactions: Activities performed by users on Skwash Services, including but not limited to, posting wishes, making pledges (skwashes), commenting on wishes, and sharing wishes with others within or outside the Skwash community.
Pledge Accountability: While Skwash encourages a community built on trust and the joy of giving, it is important to note that pledges (skwashes) made on the platform are expressions of intent and do not carry legal obligations. Users cannot be held accountable for not fulfilling a pledge, and Skwash Services do not facilitate the actual exchange of money or goods within the platform.
4. User Experience - Autofill and preferences
In order for you to have a smooth and friction-free experience, we will remember some information about you and use that information to autofill different forms with your information during your browsing. This will enable you to save time and focus on more important stuff than filling out the same information over and over again. Let us explain in more detail how this works.
The first time you use Skwash you will be asked to create a Skwash User Account and to give us certain personal information. We will keep this information in our systems so that when you return to us or use the Services, you only need to provide some information to us. We will handle all personal information we collect in creating your Skwash User Account in accordance with our Privacy Policy.
When we are able to identify you, we may autofill some information about you in the purchase flow, such as name, address, telephone number, email, date of birth and card details. The autofill is based on the information stored on your Skwash User Account.
5. Show historical gifts and transactions
We save information about your gifts and transactions in the Skwash App. As a part of the Services provided under this Agreement, Skwash enables you to see information about your gifts and transactions in the Skwash App, and share it with your friends on the Skwash App. If you want to learn more about how Skwash uses this information, and other information we have about you, please see our Privacy Policy skwash.me/privacy.
6. Offers and benefits
Skwash may offer you offers and benefits such as discounts, special events, pre-access to products, sales promotions, merchant offers, sampling and giveaways. What offers and benefits you may receive will be based on your previous actions such as number of purchases, purchase amounts or usage of the Services.
7. Privacy and your personal data
To offer you the Services, we need to process your personal data - we encourage you to read our Privacy Policy for a more detailed understanding of how we process and protect your data. Our Privacy Policy is incorporated by reference into this Agreement, and by entering into this Agreement, you consent to the terms of our Privacy Policy skwash.me/privacy.
8. Complaints
For complaints, the information provided on skwash.me applies. If you have a complaint towards Skwash, you can submit your complaint by email to contact@skwash.me.
9. Misuse of Information
Any use of information that does not belong to you or that you for other reasons are not authorized to use, or the use of the Services in a non-prescribed way, will be seen as a misuse. Any data relating to misuse or suspected misuse may be saved and used for future risk assessment and for the protection of involved parties. Skwash reserves the right to block the Services from further usage.
10. User Posted Content
As a user of our Services, you may, at your own discretion, upload, publish and share your content, such as collections, images, texts, nicknames, receipts, information on goods, product reviews, service or deliveries, or other content. You acknowledge that by sharing content you make it publicly available, meaning that information about you becomes available to others and may be used and shared further by other individuals.
You may only upload, publish or share content which you have the right to use, upload, publish or share, and which does not violate applicable laws, this Agreement or a third party’s rights.
You agree to not upload, publish or share content which we determine, in our sole discretion, (i) is unlawful, fraudulent, abusive or threatening; (ii) violates the rights of others; (iii) is offensive or criminal (such as agitation against ethnic groups, child pornography or unlawful depictions of violence); (iv) contains viruses, Trojan horses, spyware, adware, malware, or other harmful or damaging programming; (v) constitutes unsolicited advertising (spam); and/or (vi) constitutes any other form of harassment.
Skwash reserves the right, without obligation, to monitor, review, adjust, inactivate or remove content, without notifying you or a third party, if we are required by law, or believe it is offensive, inappropriate, unlawful, violating the rights of others, or otherwise objectionable, in our sole discretion.
You are solely responsible for your upload, publication and sharing of content, and agree to indemnify and hold harmless Skwash and its parents, subsidiaries, affiliates, employees, agents, successors, and assigns from any and all damages, loss or costs caused or incurred by your upload, publication or sharing of content, including in connection to third party claims against Skwash.
You acknowledge and agree that if you upload, import or share content that is abusive, threatening or offensive, or violates, or Skwash may reasonably assume to violate, law or your agreement with Skwash, we may terminate or deactivate your use of the Services.
11. Your relationship with merchants
Skwash is not in any way responsible for the goods or services you order or purchase from merchants, including, without limitation, the quality of such goods and services and how and whether such goods or services are delivered. Skwash does not provide any endorsements or guarantees for any goods or services offered for sale on third-party websites linked to the Skwash Services. Skwash does not warrant the accuracy or reliability of any information or marketing messages contained in the third party websites linked to the Skwash Services. You must contact the merchant to resolve any issues you have with respect to the goods and services you ordered or purchased from the merchant, including, without limitation, any issues relating to shipping and delivery, product warranty, product return, and the terms of any agreements you entered into with the merchant in connection with your order or purchase. Further, you may have certain dispute rights through your credit card issuer if you pay with a credit card. Any disputes filed with your credit card issuer shall be between you and the issuer, and Skwash shall not be held liable for such disputes.
12. Prohibited activities
In connection with your use of the Skwash Services, you agree not to do any of the following:
Breach the Agreement, the Skwash Privacy Policy, or any other agreement you have entered into with Skwash or in connection with a product offered through the Skwash App Skwash Extension, or any other of the Services;
Infringe our intellectual property rights;
Fail to provide us with any information about you that we may reasonably and legally request; or
Reveal any PIN or similar code we send you to anyone else. We are not responsible for losses incurred by you, or by any person other than you, arising as a result of your misuse of your PIN or similar code.
13. Third-party services
Some features used by you, for example parcel tracking, may include services provided by a third party. Logistic companies’ tracking functions is an example of this. When you use features which rely on third party services you authorize Skwash to utilize those services on your behalf. We do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of those third party services.
Furthermore, to prevent abuse of Skwash’s App via web portal, Skwash may use reCAPTCHA, making you subject to Google’s Terms of Service and Privacy Policy.
The Skwash App is available through third-party distribution platforms (“Application Stores”). You may be required to have a prior registration with the relevant Application Store. Skwash has no influence on the collection, processing and use of personal data by the respective Application Store operators.
14. Duration and termination of this Agreement
This Agreement is in effect for an indefinite period of time. It applies until it is terminated by you or us and can be terminated at any time, except that the Mandatory Arbitration of Disputes section will still operate after termination. Please note that in case of a termination, the use of the Services, including any features provided in, or managed via, the Skwash App, may no longer be available.
15. No warranties
THE SKWASH SERVICES ARE PROVIDED “AS IS” AND SKWASH AND ITS AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO YOUR USE OF THE SKWASH SERVICES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SKWASH DISCLAIMS ANY AND ALL STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Skwash does not guarantee the continuous, uninterrupted, error-free or secure use of any part of the Skwash Services. Use of the Skwash Services may be interrupted due to events outside Skwash’s reasonable control, such as delays in the banking system or credit card networks. Skwash will use commercially reasonable efforts to process payments in a timely manner, but Skwash makes no representations or warranties regarding the time it takes to complete any transaction.
Skwash does not approve or control any third-party website or application and we are not responsible or in any way liable for their content. If you use such websites or applications from third parties, the terms and conditions for those websites or applications will apply to you.
16. Limitation of liability
IN NO EVENT SHALL SKWASH OR ITS AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR SUPPLIERS OF SKWASH OR ITS AFFILIATES, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THE SKWASH SERVICES, SKWASH USER ACCOUNTS, SKWASH APP OR THESE TERMS, WHETHER IN CONTRACT, TORT (WHETHER IN NEGLIGENCE OR STRICT LIABILITY) OR OTHER LEGAL OR EQUITABLE THEORY. THE LIABILITY OF THE ABOVE-MENTIONED PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKWASH AND ITS AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND SUPPLIERS OF SKWASH OR ITS AFFILIATES, ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD THESE PARTIES RESPONSIBLE FOR, ANY DAMAGES OR LOSSES RESULTING DIRECTLY OR INDIRECTLY FROM: (1) YOUR USE OF OR YOUR INABILITY TO USE ANY SKWASH SERVICE OR ANY SKWASH SITE; (2) DELAYS OR DISRUPTIONS IN ANY SKWASH SERVICE OR ANY SKWASH SITE; (3) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING ANY SKWASH SERVICES; (4) GLITCHES, BUGS, ERRORS OR INACCURACIES OF ANY KIND IN ANY SKWASH SERVICES; (5) THE CONTENT, ACTIONS OR INACTIONS OF THIRD PARTIES, INCLUDING ANY THIRD PARTY WEBSITE OR APPLICATION LINKED TO ANY SKWASH SERVICES; (6) CLAIMS OF BREACH OF WARRANTY OR GUARANTEE; (7) GOODS AND SERVICES YOU PURCHASED FROM MERCHANTS, OR THE RETURN OF SUCH GOODS AND SERVICES; OR (8) CHANGES TO THIS AGREEMENT.
These limitations and exclusions apply even if your remedies do not fully compensate you for any losses or if Skwash or its affiliates knew, or should have known, about the possibility of damages.
17. Assignment
You may not transfer or assign any rights or obligations you have under this Agreement. To the extent not otherwise already permitted by applicable law, we may transfer or assign this Agreement or any right or obligation under this Agreement at any time provided that such transfer does not alter your rights and obligations under this Agreement to your detriment.
18. Contract interpretation
This Agreement, along with any applicable Skwash policies and other agreements that you have agreed to, sets forth the entire understanding between you and Skwash with respect to the Skwash Services. It supersedes any prior agreements between you and Skwash regarding your use of the Skwash Services. All parts of this Agreement apply to the maximum extent permitted by law. Unless stated otherwise in this Agreement, if any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
19. No third-party beneficiaries
This Agreement is for your and Skwash’s benefit. It is not for the benefit of any other person, except for Skwash’s parent and affiliates, which you agree are third party beneficiaries as to Skwash’s rights (including the no warranties, limitation of liabilities, and arbitration provisions) but not its liabilities under this Agreement, as well as Skwash’s successors and assigns.
20. Governing law, venue
You agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Skwash, except as otherwise stated in this Agreement. Subject to the Mandatory Arbitration of Disputes Provision, you and we may also litigate any dispute in small claims court with jurisdiction over that dispute, if the dispute meets all requirements to be heard in the small claims court and remains in that court. You may litigate in small claims court whether or not you negotiated with Skwash informally first.
21. Skwash Contact Information
Skwash Customer Support, contact@skwash.me.
Electronic Communication Agreement
By using the Services offered by Skwash, Inc., you consent and agree that:
Skwash Inc. can provide all communications, payment information, terms, disclosures required by law and other information (collectively, “Communications”) to you electronically during the course of our relationship, including via any Skwash site, app, or the email address(es) that you provided to us.
You are providing your consent to receive electronic communications pursuant to the Electronic Signatures in Global and National Commerce Act and our intent is that the statute applies to the fullest extent possible.
You will access and retain any Communication received from us.
This consent applies to any Communication in connection with any Skwash Services or, including all future Communications from Skwash, unless you have withdrawn your consent by the procedure outlined below in “Withdrawing Consent”.
You understand and acknowledge that, in order to access and retain Communications, you will need the following:
A computer or a mobile device with an internet connection.
A current web browser that includes at least 128-bit encryption with cookies enabled.
A valid email address.
Sufficient storage space to save past Communications or a means to print them.
Withdrawing consent
If you’d like to withdraw your consent to receive Communications electronically, you may contact us in writing at contact@skwash.me. If your consent is withdrawn, you may be prohibited using the Skwash Services.
Updating your contact information
It is your responsibility to ensure that Skwash have your current email address, so that we can communicate with you electronically. If you need to update your primary email address, please contact us to make the change. If we send you an electronic Communication that you don’t receive due to an outdated email address, we will maintain the position that the Communication was provided to you.