Terms of Service

These Terms of Service (the "Terms," "Agreement") form a legally binding contract between you (the natural person or, where applicable, the legal entity acting through you) ("you," "your," "User") and DriveSwap ("DriveSwap," "we," "our," "us"), the operator of the website at driveswap.app, all subdomains, APIs, OAuth integrations, mobile- or PWA-equivalent surfaces, and any related services, features, or content (collectively, the "Service").

You accept these Terms and agree to be bound by them by any of the following acts: (a) creating, accessing, or attempting to access an account; (b) clicking, tapping, or otherwise affirming a button or checkbox indicating acceptance; (c) signing in with a Google account; (d) initiating, requesting, or scheduling a transfer; (e) submitting payment for a Pro or Institutional subscription; or (f) otherwise accessing or using the Service. If you do not agree to every provision of these Terms, do not access or use the Service in any manner.

If you are using the Service on behalf of a school, employer, organization, or other entity, you represent and warrant that (i) you have full authority to bind that entity to this Agreement, and (ii) "you" in these Terms refers jointly and severally to you individually and that entity.

You may use the Service only if all of the following are true: (a) you are at least thirteen (13) years of age, or the age of digital consent in your jurisdiction (sixteen (16) in much of the EU/UK), whichever is greater; (b) you have the legal capacity to enter a binding contract under the law of your residence; (c) you are not barred from receiving the Service under the laws of the United States or any other applicable jurisdiction; (d) you are not on any sanctioned-party list maintained by the U.S. Department of the Treasury Office of Foreign Assets Control (OFAC), the U.S. Department of Commerce, the European Union, the United Kingdom, or any other relevant authority; and (e) you have not been previously suspended or removed from the Service.

DriveSwap is a software utility that, at your express direction, copies digital files between two Google Drive accounts (the "Source Account" and the "Destination Account") using Google's public APIs. The Service operates as a passthrough that initiates and orchestrates Google API calls; we do not host, mirror, archive, or curate user content. Files transit our infrastructure in memory only for as long as required to complete the API operations and are not written to persistent storage by DriveSwap.

The Service may include optional features such as AI-assisted file categorization, content-based institutional restriction enforcement, transfer verification, and email notifications. Some features are available only to paying subscribers. Specific features, limits, prices, and availability may be added, removed, or changed at any time.

The Service authenticates Users via Google OAuth. You are responsible for the security and confidentiality of your Google credentials, devices, browsers, and email accounts used in connection with the Service. You must promptly notify us at security@driveswap.app upon learning of any unauthorized access to, or unauthorized use of, your account. You agree to indemnify us against any loss caused by your failure to maintain such security. We are not liable for any loss or damage arising from your failure to safeguard your credentials.

You alone are responsible for the files you copy through the Service. Each time you initiate, request, schedule, or resume a transfer, you represent and warrant that:

• You either own each file or have express, current, lawful authority — under all applicable contracts, employer or institutional policies, licenses, intellectual-property laws, privacy laws, confidentiality obligations, and trade-secret protections — to copy that file from the Source Account to the Destination Account;
• You have actual authority to grant DriveSwap the OAuth permissions described in our Privacy Policy and to direct the operations performed by the Service;
• The Source Account is one for which you have current, lawful access at the moment of the transfer, and you are not attempting to copy files belonging to a former employer, school, or other rights-holder in violation of their policies;
• The transfer does not, and will not, violate any non-disclosure agreement, non-compete agreement, professional code of ethics, or fiduciary duty;
• The files do not contain or constitute (a) child sexual abuse material or any material that exploits, abuses, or endangers minors; (b) material that infringes any copyright, patent, trademark, trade-secret, publicity, privacy, or other proprietary right; (c) classified, controlled-unclassified, or export-controlled information (including information subject to ITAR, EAR, or equivalent regimes); (d) protected health information subject to HIPAA, HITECH, or comparable legislation, unless you have ensured all required safeguards independently of DriveSwap; (e) education records subject to FERPA, unless you are the legal owner of those records; (f) financial data subject to GLBA, PCI-DSS, or comparable obligations; (g) malicious code, viruses, worms, or any harmful component; (h) content that violates the law of your jurisdiction or the United States; or (i) content prohibited by Google's Terms of Service or Acceptable Use Policy.

DriveSwap performs no verification of ownership, authorization, or content. The Service relies on your warranties above. Any claim arising from a violation of these warranties — including from your school, employer, intellectual-property holder, or any government authority — is your sole responsibility, and you indemnify DriveSwap pursuant to Section 25.

The Service offers a free tier subject to a per-transfer file limit (currently 500 files), a personal "Pro" tier, and an "Institutional" tier with graduated per-seat pricing. Both paid tiers are sold as a one-time charge that grants access for thirty (30) calendar days from the date Stripe confirms successful payment. Subscriptions do not auto-renew. To extend access, you must affirmatively re-purchase.

All prices are in U.S. dollars unless explicitly stated. You authorize Stripe (our payment processor) to charge the payment method you provide for all amounts due, including any applicable tax. You represent that you are the lawful holder of, and authorized to use, the payment method. We never see, store, or have direct access to full card numbers.

Pricing and feature availability may change at any time, with or without notice. Changes apply prospectively only — to subscriptions purchased after the change becomes effective. Active paid subscriptions are not affected for the remainder of their existing thirty (30)-day term.

Institutional Data Processing Addendum. Institutional customers and other paid subscribers acting on behalf of an entity may execute a Data Processing Addendum incorporating the European Commission Standard Contractual Clauses (June 2021) and the UK International Data Transfer Addendum, available on request from legal@driveswap.app.

All sales are final. Except where mandated by applicable consumer-protection law, fees paid to DriveSwap are non-refundable. We may, at our sole and absolute discretion, issue a courtesy refund where the Service materially failed for reasons within our exclusive control. Requests must be submitted in writing within seven (7) calendar days of payment.

EU/EEA/UK consumer right of withdrawal. If you are a consumer resident in the European Union, the European Economic Area, or the United Kingdom, you have a fourteen (14)-day right of withdrawal from the date of purchase under Article 9 of the EU Consumer Rights Directive (Dir. 2011/83/EU) and the UK Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Because the Service is digital content supplied immediately, this right is lost only if, at checkout, you (i) expressly consent to immediate performance of the Service and (ii) acknowledge in writing that you lose the right of withdrawal once performance begins, in accordance with Art. 16(m) of the Directive. If you do not provide both consents at checkout, you may withdraw within fourteen (14) days by emailing legal@driveswap.app and will receive a full refund within fourteen (14) days of the withdrawal notice.

Initiating a chargeback or payment dispute without first contacting us in good faith and providing a reasonable opportunity to resolve the issue (a) constitutes a material breach of this Agreement; (b) may result in immediate termination of your access; (c) may result in our recovery of dispute fees from you; and (d) may be reported to consumer-fraud reporting services. We reserve the right to contest chargebacks we believe are improper.

Promotional codes, institutional license codes, and email-domain allowlists are issued at our discretion, are non-transferable, may not be combined unless expressly permitted, are not redeemable for cash, may have usage caps and expiration dates, and may be revoked or invalidated at any time for misuse, fraud, error, or any other reason. We reserve the right to verify the institutional affiliation of any redeemer and to reject redemptions that appear unauthorized.

You agree not to, and not to permit any third party to, do any of the following in connection with the Service:

• violate any law, regulation, or third-party right (including any intellectual-property, privacy, publicity, contract, employment, fiduciary, or consumer-protection right);
• use the Service to transfer content for which you lack authorization, including content owned by a former employer, school, customer, or other party;
• reverse-engineer, decompile, disassemble, scrape, harvest, or otherwise attempt to extract source code, algorithms, training data, or trade secrets from the Service, except to the limited extent such restriction is prohibited by applicable law;
• resell, sublicense, lease, rent, distribute, or otherwise commercially exploit the Service except via a duly issued Institutional license;
• create derivative works, white-label products, or competing services using the Service or its output;
• introduce malware, ransomware, viruses, worms, Trojan horses, or any code intended to harm any system or data;
• attempt to circumvent, disable, or interfere with security features, rate limits, file-count limits, paywalls, geographic restrictions, or other technical safeguards;
• impersonate any person, misrepresent affiliation with any organization, or use false or misleading account information;
• harass, defame, threaten, abuse, or stalk any person, including DriveSwap personnel, contractors, or other Users;
• use the Service to send unsolicited communications (spam) or to harvest email addresses or other contact information;
• place an unreasonable load on the Service, including by automated polling, mass parallel sessions, or denial-of-service-style traffic;
• access the Service via any means other than a current, supported web browser, except as we expressly authorize;
• use the Service in any application where failure could result in death, personal injury, severe physical or environmental damage, or other catastrophic loss (see Section 11).

You shall not use the Service to copy, store, transmit, or otherwise process:

• child sexual abuse material or any media that sexually exploits minors;
• content that promotes terrorism, organized violence, or imminent unlawful harm;
• material that incites violence or constitutes "true threats" under U.S. law;
• material the disclosure of which would breach any duty of confidentiality, fiduciary obligation, or attorney-client / doctor-patient / clergy-penitent privilege;
• classified national-security information of any government;
• technical data subject to U.S. export controls (including ITAR or EAR-listed items) without independent authorization;
• biometric identifiers regulated by BIPA, GIPA, or comparable laws, where you lack the required consents;
• protected health information (PHI) or electronic protected health information (ePHI) covered by HIPAA, except where you have ensured all required safeguards yourself — DriveSwap is not a HIPAA Business Associate and the Service is not HIPAA-eligible;
• education records covered by FERPA where the student or eligible parent has not consented;
• cardholder data subject to PCI-DSS;
• any other content in violation of Google's Terms of Service, Google Drive's Acceptable Use Policy, Google's Generative AI Prohibited Use Policy, or any other Third-Party Service's acceptable use rules.

The Service is not designed, certified, or intended for use in any environment where failure could lead to death, personal injury, or severe physical, environmental, financial, or reputational harm. Without limitation, you may not use the Service for or in connection with: nuclear facilities, aircraft navigation or communications, air traffic control, life-support systems, mass-transit systems, weapons systems, real-time medical diagnostics, criminal-justice decisions, immigration adjudications, financial-market trading systems, or any other safety-critical or rights-impacting context. You assume sole responsibility for any such use.

The Service is offered as "commercial computer software" and "commercial computer software documentation" pursuant to FAR 12.212 and DFARS 227.7202. Government end-users acquire only those rights expressly granted in this Agreement. The Service may not be exported, re-exported, or transferred, directly or indirectly, in violation of U.S. export laws, including to embargoed countries (currently Cuba, Iran, North Korea, Syria, the Crimea, Donetsk, and Luhansk regions of Ukraine), or to any sanctioned end-user or end-use. By using the Service you certify that you are not in such a country or on such a list and will not export the Service in violation of these controls.

FERPA:DriveSwap does not act as a "school official" or contracted service provider under the Family Educational Rights and Privacy Act. Schools and individuals must ensure that any transfer of education records complies with FERPA independently.

HIPAA: DriveSwap does not enter into Business Associate Agreements. The Service is not HIPAA-compliant. Do not use the Service to transfer PHI or ePHI.

GLBA / PCI-DSS / SOX: The Service has not been audited or certified for, and you may not use it in support of, any obligation under the Gramm-Leach-Bliley Act, the Payment Card Industry Data Security Standard, or the Sarbanes-Oxley Act.

Other regulated data: If your industry imposes specific data-handling requirements (e.g., FedRAMP, CJIS, IRS Pub 1075, ITAR), you may not use the Service for the regulated data, regardless of any other provision herein.

From time to time, we may offer features designated as "beta," "preview," "experimental," or similar (collectively, "Beta Features"). Beta Features are provided AS IS, with no warranty of any kind, may be modified or discontinued without notice, may not be supported, and your use of Beta Features may not be subject to any service-level commitment. You agree that information about your use of Beta Features may be collected to evaluate and improve them. Sections 9–12, 23–25 apply with full force to Beta Features.

The Service depends on third-party platforms including, without limitation: Google (Drive API, OAuth, identity); Stripe (payments); Anthropic (Claude API); Upstash (Redis storage); Resend (email delivery); Vercel (application hosting); Sentry (error tracking); and Crisp (chat widget) (each a "Third-Party Service"). Your use of those Third-Party Services is governed by their own terms and privacy policies. DriveSwap is not affiliated with, sponsored by, or endorsed by Google, and any references to Google or its products are nominative and descriptive.

You acknowledge and agree that DriveSwap has no control over, and is not responsible for,the availability, reliability, accuracy, security, content, decisions, suspensions, deletions, throttling, terms changes, billing, or pricing of any Third-Party Service. If a Third-Party Service: revokes credentials or OAuth grants; suspends, deletes, or restricts an account; experiences an outage; modifies or removes API endpoints; loses or corrupts data; introduces a security vulnerability; or otherwise materially affects the Service's ability to operate — that is outside our control, and we have no liability to you for any resulting loss.

Use of the Service is also subject to Google's Terms of Service, Privacy Policy, and the Google API Services User Data Policy, including the "Limited Use" requirements applicable to Drive data.

All right, title, and interest in and to the Service — including all software, code, algorithms, designs, user-interface elements, content, trademarks, service marks, logos, and brand elements — are owned exclusively by DriveSwap and its licensors and are protected by United States and international copyright, trademark, patent, trade-secret, and other intellectual-property laws. Nothing in this Agreement transfers any ownership interest to you.

Subject to your continuing compliance with this Agreement, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free license to access and use the Service solely for its intended purpose. This license terminates automatically upon any breach by you, suspension or termination of your access, or expiration of any required subscription. No other rights are granted by implication, estoppel, exhaustion, or otherwise.

You retain all ownership of your files. You grant DriveSwap a worldwide, non-exclusive, royalty-free, fully paid-up license to access, transmit, copy, transcode, cache, store transiently, display, and otherwise process your files solely as required to provide the Service to you and only at your direction. This license expires automatically upon completion of the operation in question or revocation of OAuth access, whichever is first. We claim no ownership in your files and will not use them to train any artificial intelligence model.

If you provide DriveSwap with comments, suggestions, ideas, bug reports, feature requests, or other feedback ("Feedback"), you hereby grant us a perpetual, irrevocable, worldwide, sublicensable, royalty-free license to use, reproduce, modify, distribute, and otherwise exploit the Feedback for any purpose, with no obligation to you. We may use Feedback without attribution. You waive any moral or similar rights in Feedback to the maximum extent permitted by law.

DriveSwap operates as a transient conduitfor files copied between two Google Drive accounts at the User's direction. We do not host, store, cache, mirror, or index User content, and we have no role in selecting recipients of any transmission. Our service therefore qualifies for the "mere conduit" safe harbor of 17 U.S.C. § 512(a) rather than the storage safe harbor of § 512(c). We do not maintain a designated agent under § 512(c)(2) because content is not stored on systems under our control.

Repeat-infringer policy. Consistent with 17 U.S.C. § 512(i), we maintain and reasonably implement a policy to terminate, in appropriate circumstances, the access of Users we determine to be repeat infringers. We may also terminate access where we receive credible information that a User has used the Service to infringe.

Courtesy reporting channel. If you believe a User has used the Service to copy material in violation of your copyright, you may notify us as a courtesy at legal@driveswap.appwith the subject line "Copyright Concern" and information sufficient to identify (a) the copyrighted work, (b) the allegedly infringing transfer, and (c) you and your right to act for the rights-holder. Because we do not host the content, the typical § 512(c)(3) takedown remedy is not available; the appropriate venue for hosted material is Google Drive's copyright reporting process. Misrepresentations in any such report may subject the sender to civil liability under 17 U.S.C. § 512(f).

If you believe content or use of the Service infringes your trademark, contact us at legal@driveswap.app with proof of your registered or common-law trademark rights and a description of the infringing use. We will investigate and may take appropriate action.

The Service, including all features, content, and any output, is provided "as is," "as available," and "with all faults," without any warranty of any kind, express, implied, statutory, or otherwise.

To the maximum extent permitted by law, DriveSwap, its owners, officers, employees, contractors, agents, suppliers, and licensors expressly disclaim all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, accuracy, completeness, reliability, security, uninterrupted operation, freedom from harmful components, freedom from defects, and any warranty arising from course of dealing, usage of trade, or course of performance.

We do not warrant that: (a) the Service will meet your requirements; (b) any file will be transferred successfully or completely; (c) any file format, formatting, embedded media, comments, revision history, sharing settings, ACLs, owner attribution, or metadata will be preserved; (d) AI categorization or content scanning will be accurate; (e) the Service will be uninterrupted, timely, secure, or error-free; (f) defects will be corrected; (g) the Service is free of viruses or other harmful components; or (h) results obtained from the Service will be accurate, complete, or reliable. Always maintain independent backups of important files before initiating any transfer.

To the maximum extent permitted by applicable law, DriveSwap, its owners, officers, employees, contractors, agents, suppliers, licensors, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, statutory, or punitive damages, or for any loss of profits, revenues, business, goodwill, anticipated savings, opportunity, data, files, or substitute service costs, regardless of the cause and theory of liability (whether contract, tort, strict liability, statute, or otherwise) and even if advised of the possibility of such damages.

In no event shall DriveSwap's total aggregate liability to you for all claims arising out of or related to the Service, this Agreement, or your use of the Service exceed the greater of (a) the total amount you paid DriveSwap in the twelve (12) months preceding the event giving rise to the claim, or (b) one thousand U.S. dollars (US$1,000) for paid Users, or one hundred U.S. dollars (US$100) for free-tier Users. This cap is the parties' agreed allocation of risk and is essential to the bargain.

These limitations apply regardless of the failure of essential purpose of any limited remedy. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; in those jurisdictions the limitations apply to the smallest extent permitted. Nothing herein limits liability for (i) gross negligence or willful misconduct where applicable law forbids such limitation, (ii) liabilities that cannot be excluded as a matter of law, or (iii) any indemnification obligation a party may have.

Any claim arising out of or related to the Service, this Agreement, or any other relationship between you and DriveSwap must be brought within one (1) year after the cause of action arises; otherwise the claim is permanently barred, except where applicable law expressly forbids such a contractual limitation.

You agree to defend, indemnify, and hold harmless DriveSwap and its owners, officers, employees, contractors, agents, suppliers, licensors, and affiliates (the "Indemnitees") from and against any and all claims, demands, suits, actions, proceedings, losses, damages, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and litigation costs) arising out of or relating to:

• your use, misuse, or inability to use the Service;
• any content, file, or material you transfer, attempt to transfer, or upload;
• any breach by you of this Agreement, including any representation or warranty in Section 5;
• any actual or alleged violation by you of any law, regulation, or third-party right (including intellectual-property, privacy, contract, employment, or fiduciary rights);
• any dispute between you and any third party (including your school, employer, customer, family member, or any rights-holder);
• any tax obligation or government penalty arising from your use;
• any negligent or willful act or omission by you.

We will provide you with prompt notice of any claim for which we seek indemnification, the right to control the defense of such claim with counsel of your choosing reasonably acceptable to us, and reasonable cooperation at your expense. You may not settle any claim without our prior written consent if the settlement would impose any obligation on, or require any admission by, the Indemnitees.

Carve-out.Notwithstanding the foregoing, you have no obligation to indemnify the Indemnitees for any claim to the extent caused by the Indemnitees' own gross negligence, willful misconduct, or fraud, or as otherwise prohibited by California Civil Code § 2782 or comparable state law.

We may suspend, restrict, or terminate your access to all or part of the Service at any time, with or without cause, with or without notice, and in our sole discretion, including: for any actual or suspected violation of this Agreement; for any conduct we deem harmful to the Service, other Users, or any third party; if required by law or by a Third-Party Service; for nonpayment; for security or fraud reasons; or for any other reason. Upon termination, all rights granted to you cease immediately.

You may terminate your relationship with DriveSwap at any time by ceasing all use of the Service and revoking OAuth access at myaccount.google.com/permissions. Termination does not entitle you to a refund of any fee paid except as required by applicable law.

Effect of termination on your data. Upon termination, DriveSwap will delete or anonymize your Personal Information in accordance with the retention schedule set out in Section 15 of our Privacy Policy, except where retention is required by law or for the establishment, exercise, or defense of legal claims. File contents are never persisted by DriveSwap and are not affected by termination.

The following sections survive termination of this Agreement: 5 (Authorization & Representations), 7 (Refunds), 9–13 (Use restrictions), 16–20 (IP, Feedback, Copyright), 21–24 (Disclaimers, Limitation, Time Limit, Indemnification), 25 (Effect of termination on data), 26 (this section), 29–31 (Law, Venue, Arbitration), 32 (Jury-Trial Waiver), 33 (Notices), 35–43 (Miscellaneous), and any other provision that by its nature should survive.

You acknowledge that any breach of Sections 5, 9, 10, 16, or 17 may cause us irreparable harm for which monetary damages would be inadequate. We are entitled to seek injunctive or other equitable relief, in addition to any other remedy, to enforce those sections, in a court of competent jurisdiction without the necessity of posting bond and without prejudice to our rights to arbitration.

DriveSwap is not liable for any failure or delay in performance caused by events beyond our reasonable control, including: acts of God; natural disaster; war or armed conflict; terrorism; civil unrest or riot; pandemic, epidemic, or public-health emergency; government action, mandate, or order; embargo or sanctions; labor dispute or strike; failure or interruption of internet or telecommunications service; failure or interruption of any Third-Party Service; failure or interruption of utilities; cyberattack, denial-of-service attack, ransomware, or similar event (provided that DriveSwap has implemented commercially reasonable security measures appropriate to the risk); or supplier failure.

This Agreement and any dispute arising out of or relating to it or the Service is governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. The U.N. Convention on Contracts for the International Sale of Goods, the Uniform Computer Information Transactions Act, and any state-law analogues do not apply.

Mandatory consumer protections.Nothing in this Agreement deprives a consumer of the protection afforded by the mandatory provisions of the law of the country in which the consumer has their habitual residence (Rome I Regulation, Art. 6, where applicable), or of any non-derogable right to bring proceedings in the courts of that country (Brussels I Recast, Arts. 17–19, where applicable). To the extent any provision of this Agreement conflicts with a non-derogable consumer right under the consumer's home jurisdiction, that local right prevails for that consumer only.

Subject to Section 31 (Arbitration), and except for actions in small-claims court or for injunctive relief regarding intellectual property, any judicial proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in New Castle County, Delaware, and you irrevocably consent to the personal jurisdiction of, and venue in, those courts and waive any objection based on forum non conveniens.

Please read this Section carefully — it affects your legal rights.

(a) Mandatory pre-dispute notice. Before initiating arbitration, you must first send a detailed written notice of dispute ("Notice of Dispute") to legal@driveswap.app describing the nature and basis of the claim and the relief sought. You and DriveSwap will use good-faith efforts to resolve the dispute informally for sixty (60) days after the Notice of Dispute is received.

(b) Binding arbitration. If the dispute is not resolved informally, all claims, disputes, or controversies arising out of or relating to this Agreement, the Service, your purchase, your use, or any other relationship between you and DriveSwap (collectively, "Disputes") shall be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, except as modified by this Section. The arbitration will be conducted in English, before a single arbitrator, in Delaware, or via remote video hearing at the consumer's election. The arbitrator's award is final and may be entered as a judgment in any court of competent jurisdiction.

(c) Exceptions. Notwithstanding the above, the following claims are not subject to arbitration: (i) small-claims-court actions where individual relief is sought and the dispute is within the court's jurisdiction; (ii) actions seeking injunctive or other equitable relief to protect intellectual property; (iii) any claim seeking public injunctive relief on behalf of the general public, which preserves California consumers' rights under McGill v. Citibank, N.A., 2 Cal. 5th 945 (2017); and (iv) any other claim that applicable law prohibits being arbitrated.

(d) Class-Action Waiver. You and DriveSwap each agree that disputes shall be brought only in an individual capacity and not as a plaintiff or class member in any class, collective, consolidated, mass, or representative proceeding.The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If a court decides this Class-Action Waiver is unenforceable as to any claim, that claim (and only that claim) shall proceed in court, and the rest of this Section 31 shall remain in force.

(e) Mass-arbitration coordination. If twenty-five (25) or more substantively similar Notices of Dispute are submitted within sixty (60) days, the arbitrator(s) may coordinate scheduling, discovery, and bellwether proceedings to promote efficiency without converting the proceedings into a class or representative action.

(f) Costs.Each party bears its own costs in any pre-arbitration negotiations. AAA filing fees and arbitrator compensation shall be allocated in accordance with the AAA Consumer Arbitration Rules. The arbitrator may award reasonable attorneys' fees and costs to the prevailing party where authorized by law or this Agreement.

(g) 30-day opt-out. You may opt out of this Section 31 by sending a written notice to legal@driveswap.appwith the subject line "Arbitration Opt-Out" within thirty (30) days of first accepting these Terms. The notice must include your full name, the email associated with your account, and a clear statement that you opt out of arbitration. Opting out does not affect any other provision of this Agreement.

(h) Survival; severability. This Section 31 survives termination of the Agreement. If any portion of this Section 31 (other than the Class-Action Waiver) is unenforceable, the remainder shall remain in full force.

To the maximum extent permitted by law, you and DriveSwap each irrevocably waive any right to a trial by jury in any judicial proceeding arising out of or related to this Agreement or the Service.

We may provide notices to you by posting on the Service, by email to the address associated with your account, by in-app notification, or by any other reasonable means. You consent to receive electronic communications from us, and you agree that all communications, notices, agreements, and disclosures we provide electronically satisfy any legal requirement that they be in writing. Notices to us must be in writing and sent to legal@driveswap.app.

We may revise this Agreement at any time by posting a revised version with a new "Last updated" date. Non-material changes (typo fixes, sub-processor list updates, formatting) take effect on posting. Material changes — including changes to (i) Section 7 (Refunds), (ii) Section 22 (Limitation of Liability), (iii) Section 24 (Indemnification), (iv) Section 31 (Arbitration & Class-Action Waiver), or (v) the categories of Personal Information we collect — will require your affirmative re-acceptance at sign-in or at the next transfer initiation, and we will give you reasonable advance notice by email or in-app notification before they take effect.

For all other changes, your continued use of the Service after a revision becomes effective constitutes your acceptance of the revised Terms. If you do not accept a revision, your sole and exclusive remedy is to stop using the Service. We are not obligated to continue providing the Service to anyone who does not accept the latest version.

You may not assign, transfer, or delegate this Agreement or any rights or obligations under it, by operation of law, merger, or otherwise, without our prior written consent. Any attempted assignment without consent is void. We may freely assign or transfer this Agreement, in whole or in part, including in connection with a merger, acquisition, reorganization, or sale of assets. This Agreement is binding upon and inures to the benefit of the parties and their permitted successors and assigns.

The parties are independent contractors. Nothing in this Agreement creates any partnership, joint venture, employment, agency, fiduciary, or franchise relationship between the parties. Neither party has the authority to bind the other.

This Agreement is for the sole benefit of the parties and their permitted successors and assigns, and does not confer any rights or remedies on any other person.

Our failure to enforce any provision of this Agreement shall not constitute a waiver of that or any other provision. No waiver is effective unless in writing and signed by an authorized representative of DriveSwap.

If any provision of this Agreement is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent.

This Agreement, together with the Privacy Policy and any institutional order form or executed addendum, constitutes the entire agreement between the parties regarding the Service and supersedes all prior or contemporaneous communications, proposals, and agreements, oral or written. Any preprinted terms on a purchase order or similar document shall have no force.

Section headings are for convenience only and do not affect interpretation. The words "include," "including," and similar are deemed to be followed by "without limitation." Ambiguities, if any, shall not be construed against the drafter.

You will not attempt to evade, bypass, or otherwise circumvent any technical, contractual, or legal mechanism that DriveSwap uses to enforce this Agreement, manage usage, secure data, or comply with law.

Use the channel that matches your inquiry:

• Privacy and data-rights requests: privacy@driveswap.app
• Legal notices, copyright concerns, trademark complaints, arbitration notices, and opt-outs: legal@driveswap.app
• Account-security incidents: security@driveswap.app
• Everything else: hello@driveswap.app