Skip to main content

Driver Services Agreement

Last Updated: June 9, 2026

This Driver Services Agreement ("Agreement") is between you ("Driver," "Swooper," "you") and wireusmart LLC, which operates the Swoop and Swooper platform ("Swoop," "we," "us," or "our"). It governs your use of the Swooper app and platform to provide waste management services to Swoop customers as an independent contractor. By creating a Swooper account, accepting jobs, or otherwise using the platform, you agree to this Agreement. Please read it carefully.

1. Eligibility and Acceptance

  • You must be at least 18 years of age and legally authorized to work and provide services in the United States.
  • You must provide accurate, current, and complete information and keep it up to date.
  • By accepting this Agreement in the Swooper app, you agree to its terms. You consent to receive this Agreement, related notices, and tax and payout documents electronically. You may request paper copies by emailing support@swoopit.io.

2. Independent Contractor Status

You are an independent contractor, not an employee, agent, partner, or joint venturer of Swoop or wireusmart LLC. You and Swoop expressly intend an independent contractor relationship. You understand and agree that:

  • You control the manner, method, and means by which you perform services, including your own routes, equipment, and techniques.
  • You decide when, whether, and how often to use the platform and which available jobs to accept or decline. You are free to set your own schedule.
  • You are free to perform services for others, including competitors, and to engage in any other business or occupation.
  • You are not entitled to employee benefits, such as health insurance, workers' compensation, unemployment insurance, paid leave, or retirement benefits.
  • You are responsible for your own business expenses, equipment, vehicle, fuel, and taxes.
  • Nothing in this Agreement creates an employment relationship, and you will not represent yourself as an employee or agent of Swoop.

3. The Platform and Your Role

Swoop operates a technology platform that connects customers who request waste management services with independent contractors who choose to provide them. Swoop is not a waste management company and does not itself perform the services. We make jobs available through the Swooper app; you decide which to accept. Swoop does not guarantee any minimum number of jobs, amount of work, or level of earnings, and the availability of jobs varies.

4. Driver Responsibilities

When you accept and perform a job, you agree to:

  • Hold and maintain a valid driver's license, vehicle registration, and any permits required to perform the services lawfully.
  • Use a safe, roadworthy vehicle that you are authorized to operate.
  • Comply with all applicable local, state, and federal laws, including traffic laws and waste-handling and disposal regulations.
  • Treat customers, their property, and their access points (gates, codes, pets, and can locations) with care and respect, and follow reasonable access and safety instructions provided for a job.
  • Conduct yourself professionally and lawfully and not harass, threaten, or harm customers, other drivers, or any other person.
  • Provide services honestly and not submit false, fraudulent, or inaccurate job records, completions, or claims.
  • Not handle hazardous, toxic, biohazardous, or otherwise prohibited materials.

5. Insurance

  • You are responsible for maintaining the insurance required by law for your vehicle and activities, including automobile liability insurance that meets your state's minimum requirements.
  • You agree to provide proof of required insurance on request and to keep your coverage current while you use the platform.
  • Swoop is not your insurer and does not provide insurance coverage for you, your vehicle, your equipment, or the services you perform.

6. Background Checks and Eligibility

Your access to the platform may be conditioned on a background and identity screening. Where a background check is performed, it is handled under a separate disclosure and authorization process that complies with the Fair Credit Reporting Act (FCRA) and applicable state law. You agree to provide accurate information for identity verification (including, as applicable, a government-issued ID and Social Security number shared with our payment processor for verification and tax reporting). We may re-run screenings and may suspend or end your access if you no longer meet our eligibility or safety standards.

7. Compensation and Payouts

  • You are paid for the jobs you complete according to the rates and terms shown in the Swooper app at the time you accept a job.
  • Payouts are processed through Stripe (including Stripe Connect). You must create and maintain a connected payout account and provide the information Stripe requires.
  • Swoop may set and adjust rates and may change available job types and areas. We will make rate changes available in the app before they take effect; continuing to accept jobs after a change means you accept the updated rates.
  • We may withhold, adjust, or reverse a payout for jobs that were not completed, were performed improperly, were fraudulent, or resulted in a chargeback or refund.
  • Swoop's pricing to customers does not include tips, and drivers are paid through the platform rather than through customer tips.

8. Taxes

As an independent contractor, you are solely responsible for reporting and paying all federal, state, and local taxes on the amounts you earn. Swoop does not withhold taxes from your payouts. Where required, you will receive tax forms (such as IRS Form 1099) reflecting your earnings, and you agree to provide a completed Form W-9 or other tax information we or our payment processor need to meet tax-reporting obligations.

9. Property Damage and Claims

  • You are responsible for damage to a customer's property or to third parties caused by your acts or omissions while performing services.
  • You agree to cooperate promptly and in good faith with any investigation of a customer claim, including providing information, photos, and a description of the service.
  • If Swoop resolves a customer claim that arose from your acts or omissions, you agree to reimburse Swoop for amounts it reasonably pays, consistent with the indemnification section below.

10. Confidentiality and Data

  • You will use customer information (such as names, addresses, access codes, and pet or property details) only to perform the jobs you accept, and you will not retain, copy, share, sell, or misuse it.
  • You will handle personal information in accordance with our Privacy Policy.
  • You acknowledge and consent that the Swooper app collects your precise location continuously while you are on shift, in order to surface nearby jobs and confirm service completion, as described in our Privacy Policy.
  • You will not retain customer access codes or property information after a job is complete except as needed for a legitimate, documented dispute.

11. Intellectual Property and Brand

Swoop, Swooper, the Swoop logo, and related marks and software are owned by wireusmart LLC. We grant you a limited, non-exclusive, revocable permission to use the platform and our marks only as needed to perform services and only while this Agreement is in effect. You may not use our branding for any other purpose or hold yourself out as authorized to act on Swoop's behalf.

12. Deactivation and Termination

  • You may stop using the platform and close your Swooper account at any time.
  • We may suspend or end your access to the platform at any time, including for violation of this Agreement, fraud, unsafe conduct, failure to meet eligibility or insurance requirements, or as required by law.
  • On termination, your right to use the platform and our marks ends, but provisions that by their nature should survive — including taxes, confidentiality, property-damage responsibility, indemnification, limitation of liability, and dispute resolution — continue to apply.

13. Indemnification

You agree to indemnify, defend, and hold harmless wireusmart LLC, Swoop, Swooper, and their respective officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: your performance of services; your acts or omissions; your violation of this Agreement or of any law; your misclassification claims to the extent based on your own representations or conduct; or your use or operation of your vehicle.

14. Disclaimer and Limitation of Liability

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. To the fullest extent permitted by law, Swoop is not liable for indirect, incidental, special, punitive, or consequential damages, or for lost profits, lost earnings, lost data, or business interruption. Swoop's total liability to you arising out of or related to this Agreement is limited to the amounts we paid you for jobs in the three months before the event giving rise to the claim.

15. Dispute Resolution

Informal Resolution

Before starting any formal proceeding, you agree to first contact us at support@swoopit.io and attempt to resolve the dispute informally for at least 30 days.

Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Except where prohibited by applicable law, you and wireusmart LLC agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the platform will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its applicable rules, rather than in court, except that either party may seek injunctive or other equitable relief in court to protect intellectual property rights, and either party may bring qualifying claims in small claims court. Arbitration will take place in Miami-Dade County, Florida, unless the parties agree otherwise or the AAA rules provide otherwise.

Class Action Waiver

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, YOU AND WIREUSMART LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. To the extent any claim cannot lawfully be waived or arbitrated, that claim is severed and may proceed in a court of competent jurisdiction, while all other claims remain in arbitration.

Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to support@swoopit.io within 30 days of first accepting this Agreement. Your notice must include your name, address, and a clear statement that you wish to opt out of the arbitration agreement.

16. Independent Contractor Acknowledgment

You acknowledge that you have read this Agreement, that you are entering into it as an independent contractor operating your own business, and that no part of it is intended to create an employment relationship. The rights and obligations of the parties are set out in this Agreement and are not changed by any contrary description of the relationship.

17. Your State-Specific Rights

We may engage drivers in multiple U.S. states, and the laws of your home state may give you rights that cannot be waived by agreement. Nothing in this Agreement waives any right under the law of the state where you provide services that cannot be waived. Where a term in this Agreement conflicts with such a non-waivable protection, that protection controls for you.

18. Governing Law

This Agreement is governed by the laws of the State of Florida, without regard to its conflict-of-law principles, subject to the "Your State-Specific Rights" section above. For any claims not subject to arbitration, the state and federal courts located in Miami-Dade County, Florida have exclusive jurisdiction.

19. General Provisions

  • Changes: We may update this Agreement from time to time and will provide notice of material changes. Continuing to use the platform after changes take effect means you accept the updated Agreement.
  • Assignment: You may not assign this Agreement without our consent. We may assign it to an affiliate or successor.
  • Severability: If any provision is found unenforceable, the rest of the Agreement remains in effect.
  • Entire Agreement: This Agreement, together with any policies referenced in it, is the entire agreement between you and wireusmart LLC regarding your provision of services through the platform.

Contact Us

Swoop and Swooper

A service of wireusmart LLC

Support: support@swoopit.io

By creating a Swooper account or accepting jobs through the platform, you acknowledge that you have read, understood, and agree to be bound by this Driver Services Agreement.

Download on App Store