Introduction Welcome to Swivel, an ergonomics and workplace wellbeing platform designed to deliver assessments, insights, and recommendations that support comfort, safety, and productivity in various work environments. These Terms of Service (“Terms”) govern your access to and use of Swivel’s website, services, and platform.
Acceptance of Terms of Service By accessing or using Swivel, you confirm that you have read, understood, and agreed to these Terms of Service. If you do not agree, please discontinue use of the platform and services.
Nature of Services Swivel provides general ergonomic guidance and AI-generated recommendations designed to improve comfort and efficiency in various work environments.
- Swivel is not a medical, physiotherapy, or occupational health service.
- The platform’s content is informational and does not replace professional health or medical advice.
- Users should consult qualified health professionals before making any health or treatment decisions based on Swivel’s recommendations.
- Users outside Australia are responsible for ensuring their use of the platform complies with local laws. Where consumer protection laws apply and cannot be excluded, these Terms will be interpreted in accordance with those rights.
User Responsibilities By using Swivel, you agree to:
- Use the platform lawfully and only for its intended purpose.
- Accept responsibility for any changes made to your workspace based on Swivel’s recommendations.
- Acknowledge that Swivel is not a substitute for professional ergonomic or medical advice.
- Keep your login credentials secure and confidential. You are responsible for all activity that occurs under your account.
- Limitation of Liability While Swivel aims to provide accurate, expert-informed guidance:
- Swivel is not liable for any injuries, discomfort, or adverse outcomes resulting from the use or misapplication of its services.
- Users are solely responsible for applying recommendations safely and reasonably.
- Swivel makes no guarantee that its use will prevent injury or discomfort.
This includes, but is not limited to, any guided exercise content, videos, or physical activities featured on the platform. Users are advised to:
- Only perform exercises that feel safe and comfortable;
- Cease any activity immediately if pain, dizziness, or discomfort occurs; and
- Seek professional advice before beginning any new exercise regimen, especially if they have pre-existing medical conditions.
Swivel’s multimedia and guided exercise content is not intended to replace medical advice and may not be suitable in all jurisdictions. Users must consider their local regulations and individual health status before engaging in physical activity.
To the fullest extent permitted by law, Swivel (including its directors, employees, and licensors) disclaims all liability for any direct, indirect, incidental, or consequential damages arising from the use or misuse of the platform.
Health and Safety Statement Swivel promotes safe work practices and supports users in identifying and managing potential ergonomic risks. However:
- Swivel is not a substitute for workplace health and safety systems or compliance with local occupational health and safety legislation.
- Employers and individuals remain responsible for ensuring safe work environments and adhering to relevant safety laws.
- Swivel’s recommendations should be applied with consideration of individual capabilities and workplace conditions.
Service Availability & Modifications Swivel reserves the right to:
- Modify, enhance, or discontinue features or services at any time without prior notice.
- Restrict or suspend access to services for maintenance, legal, or security purposes.
- Update these Terms as needed. Continued use of the platform constitutes acceptance of any revisions.
- You may not access or use the platform if you are located in a country subject to embargoes, sanctions, or export restrictions under Australian or international laws. You represent that you are not on any government watchlist or sanctions list.
Intellectual Property and Licence to Use All platform content, including assessments, reports, software, and designs, are the intellectual property of Swivel or its licensors.
- Users are granted a limited, non-exclusive, non-transferable licence to access and use the platform and its content for personal or internal business purposes only.
- Users may not copy, reproduce, modify, distribute, sublicense, reverse-engineer, or commercialise any part of the platform without prior written permission.
- All rights, title, and interest in the platform remain with Swivel.
User Content (Photos and Workspace Images) If you choose to upload photos or images as part of your Swivel assessment:
- You confirm that you have the legal right to share the image(s) and that they do not contain sensitive personal information, images of others without their consent, or confidential material.
- You grant Swivel a limited, non-exclusive licence to use these images solely for generating personalised ergonomic reports and recommendations.
- Swivel will not share or distribute submitted images outside the platform or to third parties without your explicit consent.
- You acknowledge that uploading photos is voluntary and understand the importance of excluding identifiable or private content unless essential for the assessment.
Third-Party Services Swivel may include links or integrations with third-party services or websites.
- Swivel is not responsible for the content, functionality, or security of third-party platforms.
- Users engage with third-party services at their own risk and are encouraged to review their respective terms and policies.
Copyright Infringement / DMCA If you believe that content available through Swivel infringes your copyright, please review our Copyright Infringement — DMCA Policy for information on how to submit a notice. We respond to valid claims and may remove content in accordance with applicable copyright laws, including the U.S. DMCA.
Privacy & Data Protection Swivel is committed to protecting your privacy and complying with applicable data protection laws.
- User data is handled in accordance with our Privacy Policy.
- Aggregated or anonymised usage data may be collected to improve the platform.
- Users should refer to the Privacy Policy for full details on data collection, processing, and security.
- Swivel may store and process data in jurisdictions outside your country of residence. By using Swivel, you consent to this transfer, provided it complies with applicable data protection laws.
- Swivel uses secure third-party cloud providers to host and process data. These providers are required to implement appropriate safeguards under applicable data protection laws.
- In the event of a data breach involving personal information, Swivel will notify affected users and relevant authorities where required by applicable law.
- Swivel retains personal data only as long as necessary to fulfil service delivery, legal obligations, or improvement purposes. After that, data will be securely deleted or anonymised.
- Swivel implements appropriate technical and organisational security measures—including encryption, access controls, and secure hosting environments—to protect personal information from unauthorised access or disclosure.
- Where Swivel acts as a data processor on behalf of clients, a separate Data Processing Addendum (DPA) is available.
Cookies & Tracking Technologies Swivel uses cookies and similar tracking technologies to enhance your user experience, improve platform performance, and collect anonymised usage data.
- These may include essential cookies, analytics cookies, and preference cookies.
- By using Swivel, you consent to the use of these technologies as outlined in our Privacy Policy and Cookie Policy where available.
- You can manage your cookie preferences through your browser settings. Disabling certain cookies may impact platform functionality.
Accessibility Swivel is committed to improving the accessibility of our platform and ensuring a positive experience for all users, regardless of ability.
- While the platform may not currently meet all formal accessibility standards (e.g., WCAG 2.1), we are actively working to enhance compatibility with assistive technologies.
- If you experience any barriers or have suggestions to improve accessibility, please contact us at info@heyswivel.com
- Users are encouraged to use available browser or system tools to support accessibility while we continue to improve.
Termination Swivel reserves the right to suspend or terminate access to the platform or its features if:
- You violate these Terms.
- Your actions compromise the security, integrity, or performance of the platform.
- Your account remains inactive for an extended period.
- We may also suspend services for maintenance, updates, or legal compliance. Where appropriate, Swivel will make reasonable efforts to provide advance notice.
Governing Law & Dispute Resolution These Terms are governed by the laws of Victoria, Australia.
- In the event of a dispute, we encourage resolution through informal dialogue first.
- If unresolved, the matter may proceed to mediation or legal action in the relevant jurisdiction.
- Users outside Australia are responsible for ensuring their use of the platform complies with applicable local laws.
Definitions For the purposes of these Terms:
- “Swivel” refers to the software platform, website, and services owned and operated by Swivel Pty Ltd.
- “User” refers to any individual or entity accessing or using the Swivel platform.
- “Services” refers to all assessments, tools, features, and content provided through Swivel.
- “Content” refers to all materials provided on the platform, including text, reports, guides, videos, and visual elements.
- “Personal Information” means data about an identifiable individual, as defined under relevant privacy laws.
Contact For any questions, concerns, or feedback regarding these Terms, please contact us:
Email: info@heyswivel.com
Address: PO Box 154, Wallan VIC, 3756
Swivel Pty Ltd – ABN: 12 154 622 723 | ACN: 154 622 723
Last updated: March 2025
