Terms of service

Terms of Service 

Last updated: November 11, 2025

Welcome to sway. (“sway.,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our website, products, and services (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy and Refund & Returns Policy.

If you do not agree, do not use the Services.

1) Eligibility & Accounts

  • You must be at least 18 years old (or the age of digital consent in your state/country). If you are under 18, you represent you have parental consent.

  • You’re responsible for your account, credentials, and all activity under it. Keep your password secure and notify us of any unauthorized use.

2) Purchases, Pricing & Taxes

  • By placing an order, you offer to buy products under these Terms. We may accept or decline any order.

  • Prices, availability, and product descriptions may change without notice. We may correct errors or cancel orders that arose from an error (including pricing) even after submission; if we cancel, we’ll issue a refund.

  • You authorize us (or our payment processor) to charge your selected payment method for the total amount, including taxes and shipping. You’re responsible for any applicable taxes, duties, and fees.

3) Shipping & Risk of Loss

  • Title and risk of loss pass to you when the carrier scans the package as delivered to the address provided at checkout.

  • Shipping timelines are estimates and not guarantees. Shipping fees are non-refundable unless required by law.

4) Returns & Refunds

All sales are final. We do not accept returns or exchanges except for damaged or defective items in accordance with our Refund & Returns Policy. Please review it before purchasing.

5) Preorders & Limited Drops

  • Some items may be preorder or limited-quantity. Estimated ship dates are informational and may change.

  • We may limit purchase quantities per customer or household to ensure fairness.

6) Promotions, Gift Cards & Store Credit

  • Promotions and discounts are subject to specific terms; they may not be combined unless stated.

  • Gift cards and store credits are non-transferable, not redeemable for cash (unless required by law), and subject to expiration or replacement policies stated at issuance.

7) Intellectual Property

  • The Services and all content (logos, text, graphics, photos, videos, designs, code, and “look and feel”) are owned by sway. or our licensors and protected by law.

  • We grant you a limited, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes. You may not copy, modify, distribute, create derivative works, reverse engineer, or otherwise exploit the Services or content without our prior written consent.

8) User Content & Feedback

  • If you post, upload, or tag us in content (e.g., product reviews, photos with #sway or @swaygolf), you grant sway. a worldwide, royalty-free, transferable, sublicensable license to use, reproduce, distribute, display, and create derivative works from that content for marketing, publicity, and operation of the Services, in any media now known or later developed.

  • You represent you own or have rights to the content you submit and that it doesn’t infringe others’ rights or violate law.

  • Feedback is voluntary; we may use it without restriction or compensation.

9) Acceptable Use

You agree not to:

  • Use the Services for unlawful, misleading, harmful, or fraudulent purposes;

  • Interfere with or disrupt the Services or security-related features;

  • Scrape, crawl, or harvest data without permission;

  • Attempt to gain unauthorized access to accounts or systems;

  • Use bots or automated means to purchase beyond posted limits;

  • Upload malware or content that is defamatory, infringing, or otherwise objectionable.

We may suspend or terminate access for violations.

10) Third-Party Services & Links

The Services may link to third-party websites or integrate third-party tools (e.g., payment processors, shipping carriers, social platforms). We don’t control or endorse third-party services and aren’t responsible for their content, policies, or practices. Your use of them is at your own risk and may be governed by their terms.

11) Communications (Email & SMS)

By providing contact information, you consent to receiving transactional emails and, if you opt in, marketing emails or text messages. Message and data rates may apply for SMS. You can opt out of marketing at any time (e.g., via “unsubscribe” links or replying STOP to SMS). Transactional messages related to your orders are not marketing and may still be sent.

12) Disclaimer of Warranties

To the fullest extent permitted by law, the Services and all products are provided “as is” and “as available.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. We don’t warrant that the Services will be uninterrupted, secure, error-free, or that defects will be corrected.

13) Limitation of Liability

To the fullest extent permitted by law, sway. and our officers, directors, employees, agents, and affiliates will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for loss of profits, revenues, data, or goodwill, arising from or related to your use of the Services or purchase of products. Our total liability for any claim will not exceed the greater of (a) the amount you paid for the product giving rise to the claim, or (b) $100.

14) Indemnification

You agree to indemnify, defend, and hold harmless sway. and our affiliates from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your violation of these Terms or misuse of the Services.

15) Dispute Resolution; Arbitration; Class Action Waiver (U.S.)

  • Informal process. Before filing a claim, you agree to email us at shelby@swaygolf.co with a brief description and your contact info so we can try to resolve informally within 30 days.

  • Arbitration. Except for small-claims court or claims for injunctive relief, any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, held in Sarasota County, Florida, or via document-only/remote proceedings if appropriate.

  • Class waiver. Disputes must be brought individually, not as a class, collective, or representative action.

  • Opt-out. You can opt out of arbitration/class waiver by sending a written notice to shelby@swaygolf.co within 30 days of your first use of the Services after these Terms’ effective date.

16) Governing Law

These Terms are governed by the laws of the State of Florida, without regard to its conflicts-of-law principles, except that the Federal Arbitration Act governs the interpretation and enforcement of Section 15.

17) Termination

We may suspend or terminate your access to the Services at any time for any reason, including suspected violations of these Terms. You may stop using the Services at any time. Sections that by their nature should survive termination will survive (e.g., IP, disclaimers, limitations of liability, indemnity, dispute resolution).

18) Changes to the Services or Terms

We may modify the Services or these Terms at any time. If we make material changes, we’ll post the updated Terms and update the “Last updated” date. Your continued use after changes become effective constitutes acceptance.

19) Privacy

Please review our Privacy Policy to understand how we collect, use, and share information.

20) Contact

Questions about these Terms? Reach us at shelby@swaygolf.co.