Terms of Service
These Terms of Service (“Terms”) govern your use of SWIM (swimflows.com), operated by Kollabs Technologies LLC (“SWIM,” “we,” “us,” or “our”). By using SWIM, you agree to these Terms.
1. Who We Are
SWIM is commerce infrastructure — not a marketplace. We provide the technology that lets independent sellers build their own storefronts, economies, and customer relationships. Sellers operate their own Streams and are solely responsible for the goods and services they offer.
2. Eligibility
You must be at least 18 years old to use SWIM. SWIM is primarily available to users in the United States. We extend GDPR-compliant access to users in the European Union and EEA — your rights under GDPR are honored in full.
3. Accounts
Consumer accounts let you browse Streams, collect Drops, and claim MBOs (Merchant Brand Offers).
Merchant accounts are organized under Workspaces — your company identity on SWIM. From a Workspace you create Streams and publish offers.
You are responsible for all activity under your account.
4. Streams
A Stream is a merchant’s public storefront. Each Stream is operated by its merchant. SWIM provides the infrastructure; the merchant is responsible for accuracy of listings, delivery of goods, compliance with law, and their own refund/return policies.
If a merchant fails to honor an offer, your recourse is with that merchant.
5. Drops
Drops are platform access credits — not currency, not a security, not a gift card or stored value instrument.
- Drops provide access to offers published by independent sellers on the SWIM platform
- Non-refundable and non-transferable between accounts
- No cash value; cannot be exchanged for money
- Drops evaporate when used to claim an offer. Unused Drops expire 12 months from purchase date
- SWIM may modify Drop mechanics at any time with reasonable notice
- Drops are distinct from stored value instruments as defined under applicable law. Drops are access credentials to a marketplace, not a promise to pay a fixed sum
Platform credits of this type are a recognized category of digital commerce instrument. They are not subject to state gift card escheatment requirements.
6. Merchant Brand Offers (MBOs)
An MBO is an offer or entitlement issued by a merchant. You claim an MBO by evaporating Drops.
- Each MBO is available for the duration set by the merchant at the time of creation. After expiration, the merchant may modify, extend, or relaunch the offer.
- SWIM does not guarantee any MBO remains available prior to a buyer claiming it
- Once claimed, an MBO is considered final. Refunds are at the merchant’s sole discretion; where offered, value is returned as Drops to the buyer’s account.
7. Payments
Payment processing is handled by a third-party payment processor. SWIM never stores your full card or bank account number.
Available payment methods: Credit card, debit card, and bank transfer (ACH). Individual sellers may require bank transfer for purchases above a threshold they configure; you will be notified before checkout if this applies.
Platform fees: Sellers on SWIM pay a platform fee on each transaction. This fee structure is published at swimflows.com/fees. Consumer prices on SWIM are the price sellers set — there are no additional buyer-side surcharges.
Bank transfer (ACH) purchases: If you connect your bank account for ACH payment, you authorize SWIM’s payment processor to initiate a debit from your account for the stated amount. ACH transactions are subject to Federal Reserve network rules. Unauthorized ACH claims must be reported to your bank within 60 days of the statement date.
8. Kingdom Fund
SWIM commits 10% of platform revenue to the Kingdom Fund, a charitable initiative. This does not affect your rights under these Terms.
9. Prohibited Use
You may not use SWIM to: violate any law, defraud users or sellers, circumvent security, distribute malware or spam, impersonate others, manipulate the Drop economy, or scrape SWIM without permission.
10. Intellectual Property
All SWIM branding, design, and technology are owned by Kollabs Technologies LLC. Merchants retain ownership of their content and grant SWIM a limited license to display it on the platform.
10a. Copyright / DMCA
SWIM respects intellectual property rights and complies with the Digital Millennium Copyright Act (17 U.S.C. § 512).
To submit a DMCA takedown notice, contact our designated agent:
DMCA Agent · Kollabs Technologies LLC
[email protected]
1309 Coffeen Avenue STE 1200 · Sheridan, Wyoming 82801
Your notice must include: (1) identification of the copyrighted work claimed to be infringed; (2) identification of the infringing material and its URL on SWIM; (3) your contact information; (4) a statement of good faith belief; (5) a statement of accuracy under penalty of perjury; and (6) your physical or electronic signature.
Repeat infringer policy: SWIM will terminate accounts of users found to be repeat infringers of third-party copyright, consistent with 17 U.S.C. § 512(i).
11. Disclaimer of Warranties
SWIM IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWIM’S LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID SWIM IN THE PRECEDING 12 MONTHS. NO LIABILITY FOR INDIRECT OR CONSEQUENTIAL DAMAGES.
13. Dispute Resolution
US users: Binding individual arbitration under AAA Consumer Arbitration Rules. Class actions are waived.
EU/EEA users: Disputes may be submitted to your local consumer protection authority. Your statutory rights under EU law are preserved.
Governing law: Delaware, USA (US users) · Applicable EU law (EU/EEA users, where required).
14. Termination
We may suspend or terminate your account for Terms violations. You may close your account at any time. Termination does not result in a refund of Drops.
15. Changes to These Terms
We will notify you of material changes at least 30 days before they take effect. Continued use constitutes acceptance.
16. Contact
Questions? Email [email protected]
Mail: Kollabs Technologies LLC · 1309 Coffeen Avenue STE 1200 · Sheridan, Wyoming 82801
Version History
| Version | Date | Changes |
|---|---|---|
| v1.2.0 | 2026-05-19 | §3: “Seller” → “Merchant” (canonical terminology). §6 header: “Seller Brand Offers” → “Merchant Brand Offers”. §10a: DMCA section added. §16: Wyoming registered agent address added. Governing law: Delaware (US users). |
| v1.1.0 | 2026-05-13 | §5: Drops classified as platform access credits; expiry policy explicit. §7: Payment methods, ACH authorization, fee disclosure link added. |
| v1.0.0 | 2026-03-30 | Initial Terms of Service |
Version 1.2.0 · Last Updated May 19, 2026