Terms of Service

Last Updated: January 24, 2026

Welcome to Swoop and Swooper! These Terms of Service ("Terms") govern your use of our waste management services. By using our services, you agree to these Terms. Please read them carefully.

Our Services

We offer two types of waste management services:

1. Take Out & Return Service

• We take your waste bins to the curb on collection day
• We return your bins to their original location after collection
• Service includes both residential and commercial properties

2. Return Only Service

• You place your bins at the curb
• We return your bins to their original location after collection
• More affordable option for those who can handle takeout

User Representations and Warranties

By using our services, you represent and warrant that:

• You are at least 18 years of age and have the legal capacity to enter into this agreement
• You have the authority to bind yourself (and any entity on whose behalf you are acting) to these Terms
• You own the service property or have authorization from the property owner to request services
• All information you provide to us is accurate, current, and complete
• You will comply with all applicable local, state, and federal laws regarding waste disposal
• You have the right to grant access to the property for service performance

User Obligations

Property Access

• You must provide safe and legal access to your property
• You must provide accurate gate codes, access instructions, and parking information
• You are responsible for ensuring service personnel can safely access your bins
• You must notify us immediately of any access changes

Pet Policy

• CRITICAL: You must secure all pets during service hours
• Aggressive or unsecured pets may result in service cancellation
• You must inform us of any pets on your property
• We reserve the right to refuse service if pets pose a safety risk

Bin Requirements

• Bins must be in good working condition with functioning wheels
• Bins must not exceed weight limits set by your waste hauler
• You must clearly mark the original bin location
• Bins must be accessible and not blocked by vehicles or obstacles

Acceptable Use Policy

You agree NOT to use our services for the following prohibited purposes:

• Hazardous Materials: No hazardous, toxic, radioactive, or biohazardous materials
• Prohibited Items: No items prohibited by your waste hauler, local ordinances, or applicable law
• Weight Violations: Bins must not exceed manufacturer or hauler weight limits
• Illegal Waste: No illegal materials or items obtained through illegal activity
• Medical Waste: No medical waste, sharps, or pharmaceutical materials (unless properly disposed per applicable regulations)
• Fraudulent Claims: No false or fraudulent service claims, damage claims, or misrepresentations

Violation of this Acceptable Use Policy may result in immediate termination of service without refund and may expose you to liability for any resulting damages.

Assumption of Risk

By using our services, you acknowledge and accept the following:

• There are inherent risks associated with third-party access to your property
• You are responsible for identifying and addressing hazards on your property that could affect service personnel
• Normal wear and tear to bins during service (including minor scratches, scuffs, or weathering) is not considered damage
• Service timing depends on factors outside our control, including waste hauler schedules and traffic conditions
• Weather conditions may affect service delivery

Photo and Media Authorization

You authorize Swoop and its service providers to:

• Take photographs of completed services for verification and quality assurance purposes
• Use photographs in dispute resolution proceedings
• Use anonymized or de-identified photographs for marketing, training, or promotional purposes (you may opt-out of marketing use by contacting us at privacy@swoopit.io)

Service verification photos are retained according to our Privacy Policy.

Scheduling and Service

• Services are scheduled based on your local waste collection schedule
• We will make reasonable efforts to accommodate schedule changes
• Holiday schedules may affect service timing
• We will notify you of any service delays or issues
• Service may be rescheduled due to weather, safety concerns, or circumstances beyond our control

SMS and Text Message Terms

By providing your mobile phone number and opting in to receive text messages, you consent to receive SMS/text messages from Swoop regarding your service. You understand and agree that:

• Message Types: You may receive service reminders, appointment confirmations, service completion notifications, account alerts, and promotional messages (if opted in)
• Message Frequency: Message frequency varies based on your service schedule; typically 2-8 messages per month
• Carrier Charges: Message and data rates may apply. Check with your wireless carrier for details
• Opt-Out: Reply STOP to any message to unsubscribe from SMS communications. You will receive a confirmation message
• Help: Reply HELP for assistance or contact support@swoopit.io
• Consent Not Required: Consent to receive text messages is not a condition of purchasing services. You may opt-out at any time

Carriers supported: AT&T, Verizon, T-Mobile, Sprint, and most major U.S. carriers. Carriers are not liable for delayed or undelivered messages.

Payment Terms

• Payment is due in advance on a monthly or annual basis
• We accept major credit cards and ACH transfers
• Prices are subject to change with 30 days notice
• Late payments may result in service suspension
• Failed payments will incur a $25 processing fee

Cancellation and Refunds

Customer Cancellation

• You may cancel at any time with 7 days notice
• Refunds are provided on a pro-rated basis for unused services
• Annual subscriptions receive pro-rated refunds if canceled after 30 days
• No refunds for the first 30 days of annual subscriptions

Service Cancellation by Us

We may cancel or suspend service if:

• Payment is not received
• Access to property is unsafe or unavailable
• Pets pose a safety risk
• You violate these Terms
• We determine service cannot be safely or legally provided

Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. To the fullest extent permitted by applicable law, we disclaim all warranties, including but not limited to:

• Implied warranties of merchantability
• Implied warranties of fitness for a particular purpose
• Implied warranties of non-infringement
• Any warranty that services will be uninterrupted, timely, secure, or error-free
• Any warranty regarding the accuracy or reliability of any information obtained through our services

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

Limitation of Liability

• Our liability is limited to the greater of $100 or the amount you paid for three months of service
• We are not liable for damage to bins not caused by our gross negligence
• We are not responsible for missed collections by your waste hauler
• We are not liable for indirect, incidental, special, punitive, or consequential damages
• We are not liable for lost profits, lost data, or business interruption
• You must report any damage within 48 hours of service via email to support@swoopit.io or through our website contact form

Indemnification

You agree to indemnify, defend, and hold harmless wireusmart LLC, Swoop, Swooper, and their respective officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of our services
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Third-party claims arising from conditions on your property (including but not limited to injuries, accidents, or property damage)
• Pet-related injuries or incidents involving our service providers
• Inaccurate access instructions, gate codes, or property information you provide
• Claims arising from hazardous materials or prohibited items in your bins
• Your violation of local waste disposal laws or hauler requirements
• Any misrepresentation regarding your ownership of or authority over the service property
• Claims by third parties (including but not limited to neighbors, HOAs, or property owners) arising from your use of our services

Independent Contractor Relationship

Swoop and Swooper operates as a technology platform connecting customers with independent contractors who provide waste management services. You understand and acknowledge that:

• The individuals performing services are independent contractors, not employees of Swoop, Swooper, or wireusmart LLC
• Swoop does not control the manner, method, or means by which independent contractors perform their services
• You should not direct, supervise, or control the work methods of service providers
• Independent contractors undergo background screening in accordance with applicable law
• Swoop is not liable for the acts or omissions of independent contractors except to the extent caused by Swoop's gross negligence or willful misconduct
• Independent contractors maintain their own insurance as required by their service agreements with Swoop

Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to:

• Natural disasters, including hurricanes, floods, earthquakes, tornadoes, or severe weather
• Pandemics, epidemics, or public health emergencies
• Government orders, regulations, or restrictions
• Acts of war, terrorism, civil unrest, or armed conflict
• Labor disputes, strikes, or work stoppages (not involving our employees)
• Utility or infrastructure failures (power outages, telecommunications failures)
• Supply chain disruptions
• Waste hauler service disruptions or schedule changes
• Road closures or access restrictions

In the event of a force majeure, we will make reasonable efforts to resume services as soon as practicable and will provide notice to affected customers.

Dispute Resolution

Informal Resolution

Before initiating any formal dispute resolution 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.

You and wireusmart LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the services (collectively, "Disputes") will be resolved exclusively through final and binding arbitration rather than in court, except that:

• You may assert claims in small claims court if your claims qualify and remain in small claims court
• Either party may seek injunctive or other equitable relief in court to prevent infringement of intellectual property rights

Arbitration Rules and Forum: Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The AAA Rules are available at www.adr.org. Arbitration may be conducted in person, through document submission, by telephone, or online. The arbitrator may award the same damages and relief as a court.

Arbitration Location: The arbitration shall take place in Miami-Dade County, Florida, unless the parties agree otherwise or the AAA Rules provide for a different location.

Arbitration Fees: Payment of filing, administration, and arbitrator fees will be governed by the AAA's Consumer Arbitration Rules. If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose, the parties agree that the arbitrator may reallocate fees in accordance with AAA rules.

Opt-Out Right: You may opt out of this arbitration agreement by sending written notice to legal@swoopit.io within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of this arbitration agreement.

Class Action Waiver

YOU AND WIREUSMART LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

Intellectual Property

All content, trademarks, service marks, logos, and intellectual property related to Swoop and Swooper are owned by wireusmart LLC. You may not use our branding without written permission.

Privacy

Your use of our services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information.

Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by email or through our website at least 30 days before the changes take effect. Continued use of our services after changes constitutes acceptance of the new Terms. If you do not agree to the revised Terms, you must discontinue using our services.

Governing Law and Venue

These Terms and any dispute arising out of or related to them shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. For any claims not subject to arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida. The Florida Arbitration Code (Chapter 682, Florida Statutes) shall govern arbitration proceedings to the extent not inconsistent with the Federal Arbitration Act.

Notices

All legal notices to Swoop must be sent to:

Notices to you will be sent to the email address associated with your account and are effective upon sending. It is your responsibility to keep your contact information current.

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and wireusmart LLC regarding the services and supersede all prior agreements, understandings, representations, and warranties, whether oral or written.

Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to any affiliate, subsidiary, or successor in interest without restriction.

Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision or any other provision in the future. Any waiver must be in writing and signed by an authorized representative of wireusmart LLC.

Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible and the remaining provisions will continue in full force and effect.

Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

Contact Us

If you have questions about these Terms, please contact us:

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.