Terms of Service
These Terms of Service ("Terms") govern your use of swenroll.com and services offered by SECOND WIND LLC, operating as SWEnroll ("SWEnroll," "we," "us," or "our"). By accessing the website or requesting services, you agree to these Terms.
Our Services
SWEnroll provides marketing, website, automation, communications, scheduling, local-visibility, and enrollment-support services for childcare businesses. Specific services, deliverables, fees, and timelines may be described in a separate proposal, order form, or service agreement. If a separate signed agreement conflicts with these Terms, the signed agreement controls.
Eligibility and Acceptable Use
You must be legally able to enter a binding agreement and use the website only for lawful business purposes. You may not misuse the website, interfere with its operation, attempt unauthorized access, transmit malicious code, infringe others' rights, or use our services to send unlawful or unsolicited communications.
Information You Provide
You agree that information submitted through the website is accurate and that you have authority to provide it. You are responsible for content, contact lists, permissions, and instructions you supply in connection with services.
Text Messaging Terms
When you separately opt in through the SWEnroll chat widget, you consent to receive promotional or marketing text messages from SECOND WIND LLC/SWEnroll at the number provided. Message frequency varies. Message and data rates may apply. Reply STOP to unsubscribe or HELP for help. Consent is not a condition of purchase. Carriers are not liable for delayed or undelivered messages.
We send marketing text messages only after express consent. You may revoke consent at any time by replying STOP. For information about how mobile data and consent are handled, see our Privacy Policy.
Fees and Payment
If you purchase services, you agree to pay the fees and taxes stated in the applicable order or agreement. Recurring services may renew according to the agreed billing cycle until canceled under the applicable agreement. Except where required by law or stated otherwise in writing, fees already earned or incurred are non-refundable.
Intellectual Property
The website, branding, designs, software, processes, and original content provided by SWEnroll are owned by SWEnroll or its licensors and protected by applicable law. Except for rights expressly granted in writing, no rights are transferred. You retain ownership of materials you provide and grant us the limited rights needed to perform requested services.
Third-Party Services
Our website and services may use or link to third-party platforms, including hosting, CRM, communications, scheduling, analytics, payment, and advertising providers. Their services are governed by their own terms and policies. We are not responsible for third-party outages, changes, or practices outside our control.
Disclaimers
To the maximum extent permitted by law, the website and services are provided "as is" and "as available." We do not guarantee particular enrollment, revenue, ranking, deliverability, or business results. Results depend on many factors outside our control.
Limitation of Liability
To the maximum extent permitted by law, SWEnroll and SECOND WIND LLC will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, goodwill, or business opportunities arising from use of the website or services. Any direct liability will be limited to amounts paid for the affected service during the three months before the event giving rise to the claim, unless applicable law requires otherwise.
Indemnification
You agree to defend and indemnify SWEnroll and SECOND WIND LLC from claims, losses, or expenses arising from your unlawful use of the website or services, your content or contact data, or your violation of these Terms or another person's rights.
Suspension and Termination
We may suspend or terminate access for misuse, nonpayment, security risk, legal requirements, or material breach. Terms that by their nature should survive termination will remain in effect.
Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Applicable disputes will be brought in courts with jurisdiction in California unless a separate written agreement provides otherwise.
Changes
We may update these Terms periodically. The effective date above identifies the latest revision. Continued use after an update constitutes acceptance of the revised Terms.
Contact
Questions about these Terms may be submitted through the contact or Book Audit form on swenroll.com.