Terms of Service

Agreement to Terms

By accessing and using the website at swellny.com ("Site"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not access the Site. These Terms are between you and SWELL Labs, LLC ("SWELL," "we," "us"), a New York limited liability company.

Services

SWELL is a 360 degree creative agency providing strategy, creative direction, content production, and AI-enhanced workflows for brands. Descriptions of our services on this Site are for informational purposes. Actual project scope, deliverables, timelines, and fees are defined in individual client agreements.

Intellectual Property

All content on this Site -- including text, graphics, logos, images, video, and software -- is the property of SWELL Labs, LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content without our express written permission.

Work product created for clients is governed by the terms of individual client agreements. Unless otherwise specified in writing, SWELL retains ownership of all creative work until full payment is received.

User Conduct

You agree not to use this Site to transmit any unlawful, threatening, or harmful material; attempt to gain unauthorized access to any part of the Site; interfere with the Sites operation or security; or use automated tools to scrape or extract content beyond what is permitted by our robots.txt.

Portfolio and Case Studies

Project descriptions, images, and videos displayed on this Site represent actual client work. Client names and brand marks are used with permission or under fair use for portfolio purposes. The results described in case studies reflect specific project outcomes and are not guarantees of future performance.

Newsletter and Communications

By subscribing to our newsletter, you consent to receive periodic email communications about our work, services, and industry insights. You may unsubscribe at any time using the link provided in each email. We will not share your email address with third parties.

Limitation of Liability

To the maximum extent permitted by law, SWELL Labs, LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising out of or related to your use of the Site. Our total liability for any claim arising from these Terms shall not exceed one hundred dollars ($100).

Indemnification

You agree to indemnify and hold harmless SWELL Labs, LLC, its officers, employees, and agents from any claims, damages, or expenses arising from your use of the Site or violation of these Terms.

Third-Party Links

This Site may contain links to third-party websites, including client websites, partner platforms, and social media profiles. We are not responsible for the content, privacy practices, or availability of these external sites.

Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict of law provisions. Any disputes arising from these Terms shall be resolved in the courts located in New York County, New York.

Modifications

We reserve the right to modify these Terms at any time. Changes become effective upon posting to this Site. Your continued use of the Site after modifications constitutes acceptance of the revised Terms.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Contact

For questions about these Terms, contact us at hello@swellny.com or write to SWELL Labs, LLC, 6 St Johns Ln, New York, NY 10013.

Effective Date: March 2026