Terms of Use

    Last Updated: January 2025

    1. Acceptance of Terms

    By accessing, applying for, or using any SwagOps website, platform, or related products and services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Use ("Terms") and our Privacy Policy.

    If you do not agree, you must immediately discontinue use of the Services.

    Use of the Services constitutes a legally binding agreement between you ("Member," "Partner," or "User") and SwagOps LLC, a Delaware limited liability company, including its affiliates, successors, and assigns ("SwagOps," "we," or "us").

    2. Membership and Access

    2.1 Invite-Only Access

    SwagOps operates as a private, invite-only business network. Access and membership are granted solely at SwagOps' discretion and may be revoked or suspended at any time without cause.

    2.2 Eligibility

    You represent and warrant that you:

    • Are at least 18 years of age;
    • Operate or represent a legitimate business in the print, promotional, fulfillment, or related industries;
    • Have the authority to enter into binding contracts on behalf of that business; and
    • Are not located in, or conducting business with, any jurisdiction or person prohibited under U.S. law or sanctions.

    2.3 Account Security

    You are solely responsible for maintaining the confidentiality of your login credentials, PINs, and authentication devices. You accept full responsibility for all activity conducted under your account. Notify SwagOps immediately of any unauthorized access or suspected breach.

    3. Membership Tiers, Fees, and Payments

    • Membership plans (Builder, Scaler, Leader, Founder, and other categories) carry monthly or annual fees as posted on the platform.
    • All fees are non-refundable except where required by law.
    • Pricing, benefits, and features may change with 30 days' notice.
    • Cancellations take effect at the end of the current billing cycle.
    • SwagOps may suspend or terminate access for non-payment or violation of these Terms.
    • You authorize SwagOps or its payment processor to charge your selected payment method for recurring fees until cancellation.

    4. Permitted and Prohibited Uses

    4.1 Permitted Use

    Use the Services only for legitimate business networking, education, sourcing, and operational purposes consistent with applicable law.

    4.2 Prohibited Activities

    You agree not to:

    • Access, use, or distribute data from other members without consent;
    • Misrepresent identity or affiliation;
    • Engage in fraudulent, misleading, or unlawful conduct;
    • Upload malware, interfere with security, or attempt to gain unauthorized access;
    • Send spam or solicitations not expressly permitted by SwagOps;
    • Reverse-engineer, scrape, or copy the platform; or
    • Use the Services in any manner that could damage SwagOps or its members.

    Violation may result in immediate suspension or termination.

    5. FinFlo Embedded Finance Platform

    5.1 Regulatory Disclosure

    FinFlo is SwagOps' embedded finance platform. SwagOps LLC and FinFlo are not banks, lenders, or money-transmitters.

    All banking, payment, and lending services are provided through regulated financial institutions, Members FDIC, under separate agreements and subject to partner terms, eligibility, and credit approval.

    5.2 No Guarantee or Advisory Relationship

    SwagOps does not:

    • Guarantee approval, credit limits, or funding;
    • Provide financial, tax, or investment advice;
    • Hold or control member funds; or
    • Act as a fiduciary or broker-dealer.

    Use of FinFlo constitutes acknowledgment that all financial products are issued and serviced solely by regulated partner institutions.

    6. Deal Flow and Investment Opportunities

    Investment or funding opportunities ("Deal Flow") made available through the Mastermind or any SwagOps channel are for informational and educational purposes only.

    Participation is limited to accredited investors as defined under SEC Regulation D, Rule 501.

    SwagOps:

    • Does not offer, sell, or recommend securities;
    • Receives no commissions or success fees from transactions between members; and
    • Makes no representation regarding performance or risk.

    Members are responsible for performing their own due diligence and consulting licensed financial or legal advisors before participating in any Deal Flow.

    7. LegalFlo and Template Library

    SwagOps provides access to LegalFlo, a repository of legal templates and operational documents. These materials are for informational purposes only and do not constitute legal advice. Use of any template is at your own risk, and you should consult a licensed attorney before execution or reliance.

    8. Intellectual Property

    All content, code, design, logos, trademarks, and documentation are the exclusive property of SwagOps LLC or its licensors.

    You may not copy, modify, distribute, display, or create derivative works without prior written consent.

    Use of the SwagOps name, logo, or product marks requires express written authorization.

    9. Member Content and Conduct

    • You retain ownership of any content you upload but grant SwagOps a worldwide, royalty-free, sublicensable license to host, display, and distribute such content for platform operation and marketing.
    • You are solely responsible for the legality, accuracy, and integrity of your content.
    • SwagOps may remove or restrict any content violating these Terms or applicable law.
    • Members must maintain professionalism and respect in all communications, both online and at in-person events.

    10. Partner Relationships and Third-Party Links

    SwagOps may facilitate introductions between members and external Suppliers, Vendors, Technology Providers, and Financial Institutions.

    SwagOps is not a party to transactions between members and third parties and does not warrant any partner's quality, reliability, or compliance.

    Members engage with partners at their own risk and agree to hold SwagOps harmless from any resulting disputes, losses, or claims.

    11. Data, Privacy, and Security

    SwagOps collects and processes business and personal data as described in its Privacy Policy.

    By using the Services, you consent to data sharing with our service providers, financial partners, and affiliates as necessary for platform operation, compliance, and analytics.

    SwagOps employs commercially reasonable administrative, technical, and physical safeguards but cannot guarantee absolute security.

    12. Limitation of Liability

    To the maximum extent permitted by law:

    • SwagOps LLC, its officers, employees, agents, and affiliates are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, data, or goodwill.
    • SwagOps' total aggregate liability for any claim arising out of or relating to the Services shall not exceed the total fees you paid to SwagOps during the twelve (12) months preceding the claim.
    • Certain jurisdictions do not allow limitation of liability; if applicable law limits these exclusions, they shall apply to the maximum extent permitted.

    13. Indemnification

    You agree to indemnify, defend, and hold harmless SwagOps LLC and its affiliates from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

    • Your use or misuse of the Services;
    • Violation of these Terms or any law; or
    • Your interactions or transactions with other members or partners.

    14. Termination

    SwagOps may suspend or terminate your account and access at any time, with or without notice, for conduct deemed harmful, non-payment, or breach of these Terms.

    Upon termination, all licenses and rights immediately cease, and you must discontinue use of the Services.

    Sections 5–14 survive termination.

    15. Modifications to Services or Terms

    SwagOps may update, modify, or discontinue any portion of the Services or these Terms at any time.

    Material changes will be communicated via email or in-platform notice.

    Continued use after posting of updates constitutes acceptance of the revised Terms.

    16. Dispute Resolution and Governing Law

    These Terms are governed by U.S. federal law and the laws of the State of Delaware, without regard to conflict-of-law principles.

    Any dispute or claim shall be resolved by binding arbitration before a single arbitrator under the rules of the American Arbitration Association in Wilmington, Delaware.

    Judgment on the award may be entered in any court of competent jurisdiction.

    You waive any right to participate in class or representative actions.

    17. No Warranties

    The Services are provided on an "as is" and "as available" basis without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, title, or non-infringement.

    18. Miscellaneous

    • These Terms constitute the entire agreement between you and SwagOps.
    • Failure to enforce any provision shall not constitute a waiver.
    • If any provision is held invalid, the remaining provisions remain in effect.
    • You may not assign these Terms without SwagOps' prior written consent.
    • Headings are for convenience only and have no legal effect.

    19. Contact Information

    For legal notices or questions:

    SwagOps LLC

    Attn: Legal Department

    Email: legal@swagops.com

    Important Legal Notices

    FinFlo is an embedded finance platform of SwagOps LLC. Banking and lending services are provided through regulated partner institutions, Members FDIC. SwagOps LLC and FinFlo are not banks or lenders.

    Deal Flow opportunities are limited to accredited investors and provided for informational purposes only. SwagOps does not broker or sell securities and receives no compensation from member investments.

    LegalFlo templates are informational and not legal advice; consult a licensed attorney before use.

    © 2025 SwagOps LLC – All Rights Reserved