Terms of Service

You must be at least 18 years old and able to form a binding contract to use the Platform. You agree to provide accurate information, keep your account credentials secure, and are responsible for all activity under your account. You may not transfer your account or maintain more than one account without our permission.

Swelz is a neutral online marketplace that connects Hosts (who own or control private docks, slips, lifts, and moorings) with Guests (who wish to rent them). Swelz is not a party to any rental, is not a marina, broker, agent, insurer, or maritime service provider, and does not own, control, inspect, or manage any listed property. Any rental is a direct agreement between Host and Guest. Swelz does not guarantee that any Host or Guest will complete a transaction or behave lawfully.

By listing a dock, you represent and agree that:

• You own the dock or have the legal right and all necessary permissions to rent it (including any owner, HOA, association, lease, or municipal consent);
• Your listing is accurate and not misleading, including dimensions, depth, access, amenities, and availability;
• You comply with all applicable laws, ordinances, zoning, permitting, riparian-rights, licensing, tax, and insurance requirements that apply to renting your dock;
• You will keep the dock in safe, usable condition and honor confirmed bookings; and
• You are solely responsible for determining whether renting your dock is permitted where you are located.

By booking a dock, you represent and agree that:

• Your vessel fits within the listed dimensions and the dock’s stated limits, and you will confirm suitability before use;
• You will use the dock lawfully and respectfully, follow the Host’s reasonable rules, and practice safe seamanship;
• You carry adequate vessel and liability insurance; and
• You are responsible for any loss or damage you, your crew, guests, or vessel cause to the dock or surrounding property.

• Bookings may be instant or by Host approval, as shown on the listing. A booking is confirmed only when so indicated on the Platform.
• Swelz charges a service fee (currently 15%) on bookings, which is included in the price you see at checkout. We may change fees prospectively.
• Payments are processed by our third-party payment processor (Stripe). Host payouts are made through Stripe Connect, net of the Swelz service fee and processing costs. Swelz does not store full card numbers.
• You authorize us and our processor to charge your payment method for amounts due, including the booking total and any applicable taxes.
• Taxes: Hosts and Guests are responsible for determining, collecting, and remitting any taxes arising from a rental. Swelz is not responsible for users’ tax obligations.

Cancellation and refund terms may be set per listing and shown at booking. Unless otherwise stated, a Host’s decline of a pending request results in no charge, and the dates are released. Swelz may, in its discretion, cancel a booking or withhold or reverse payouts in cases of suspected fraud, safety risk, policy violation, or chargeback. Swelz’s service fee may be non-refundable except where required by law.

You agree not to:

• List a dock you do not have the right to rent, or post false, misleading, or unlawful content;
• Circumvent the Platform or its fees, or arrange or pay for bookings off-platform to avoid fees;
• Use the Platform for any unlawful, harmful, infringing, harassing, or fraudulent purpose;
• Scrape, reverse-engineer, overload, or interfere with the Platform or its security; or
• Discriminate against any user in violation of applicable law.

You retain ownership of the content you submit (listings, photos, reviews, messages). You grant Swelz a worldwide, non-exclusive, royalty-free license to host, use, display, reproduce, and distribute that content to operate, promote, and improve the Platform. You represent you have the rights to the content you submit. The Swelz name, logo, and Platform are our property and may not be used without permission.

You acknowledge that boating, docking, and mooring are inherently dangerous and that Swelz does not inspect or control any dock or vessel. You voluntarily assume all risks arising from your use of the Platform and any dock or vessel. To the fullest extent permitted by law, you release and hold harmless Swelz and its owners, officers, and agents from any claims, damages, injuries, or losses arising out of or related to any rental, dock, vessel, or interaction between users.

The Platform and all content are provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. See our Disclaimer, which is incorporated into these Terms. Swelz does not warrant that the Platform will be uninterrupted, secure, or error-free.

To the fullest extent permitted by law, Swelz will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, goodwill, property damage, personal injury, or death, arising from or related to the Platform or any rental. Swelz’s total aggregate liability for any claim will not exceed the greater of (a) the total Swelz service fees you paid in the 12 months before the event giving rise to the claim, or (b) US $100. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

You agree to defend, indemnify, and hold harmless Swelz and its owners, officers, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your use of the Platform, your listings or bookings, your breach of these Terms, your violation of any law or third-party right, or any rental or interaction you are involved in.

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws rules. You and Swelz will first try to resolve any dispute informally by contacting us. If unresolved, the parties agree that disputes will be resolved by binding individual arbitration (rather than in court, except small-claims matters), administered under the rules of a recognized arbitration provider, seated in Pinellas County, Florida. You and Swelz waive any right to a jury trial and to participate in a class or representative action. Where arbitration does not apply, the state and federal courts located in Pinellas County, Florida have exclusive jurisdiction.

Note: arbitration and class-waiver provisions are subject to specific legal requirements; this section should be finalized with your attorney before launch.

We may suspend or terminate your access at any time, with or without notice, for any violation of these Terms or to protect the Platform or its users. You may stop using the Platform at any time. Sections that by their nature should survive termination (including liability, indemnity, and dispute terms) will survive.

We may update these Terms from time to time. Material changes will be posted here with an updated date, and your continued use after changes take effect constitutes acceptance.

If any provision is unenforceable, the rest remains in effect. These Terms, with the Disclaimer and Privacy Policy, are the entire agreement between you and Swelz regarding the Platform. We may assign these Terms; you may not. Our failure to enforce a provision is not a waiver.