Important — please read before using Swell
Swell is NOT a crisis intervention service, NOT a therapy app, and NOT a substitute for professional mental health care or emergency services.
Swell is a personal wellness and coaching tool designed to support your everyday mental wellbeing. It is not a clinical service, not a licensed therapy or telehealth platform, and not an emergency response system. Using Swell does not create a therapist-patient, counselor-client, or any other professional care relationship of any kind.
By creating an account and using Swell, you explicitly acknowledge and agree that:
- Swell is a wellness support tool only — it is not intended to diagnose, treat, cure, or prevent any mental health condition.
- Swell is not a crisis line, emergency service, or replacement for professional mental health treatment.
- You will not use Swell as your sole source of mental health support.
- Swell makes best efforts to detect patterns of distress and redirect you to appropriate resources, but this is not guaranteed and does not constitute crisis intervention.
- Swell is not liable for any harm resulting from use of the app in a manner for which it is not intended.
- If you are in immediate danger, you will contact emergency services — not Swell.
If you are in crisis or experiencing a mental health emergency, please contact:
- 988 Suicide & Crisis Lifeline: call or text 988
- Crisis Text Line: text HOME to 741741
- Emergency services: call 911
1. Agreement to Terms
These Terms of Use constitute a legally binding agreement between you and Sage Health Labs Inc, a Delaware corporation doing business as Swell (“Swell,” “we,” “us,” or “our”), concerning your access to and use of the Swell mobile application and website at https://www.getswell.app(collectively, the “Site”). Our principal place of business is in Louisville, Kentucky.
By accessing or using Swell, you confirm that you have read, understood, and agreed to be bound by these Terms. If you do not agree with all of these Terms, you are expressly prohibited from using Swell and must discontinue use immediately.
We may update these Terms at any time by updating the “Last updated” date above. Your continued use of Swell after changes are posted constitutes your acceptance of the revised Terms.
2. Age Requirement
Swell is intended for users who are at least 18 years old. Persons under 18 are strictly prohibited from using or registering for Swell.
By creating an account, you represent and warrant that you are at least 18 years of age. If we become aware that a user is under 18, we will terminate their account immediately and without notice.
3. Intellectual Property Rights
Unless otherwise indicated, Swell and all its content — including source code, software, designs, text, graphics, and trademarks — are the proprietary property of Sage Health Labs Inc and are protected by applicable U.S. and international intellectual property laws.
You are granted a limited, non-exclusive, non-transferable license to access and use Swell for your personal, non-commercial use only. You may not reproduce, distribute, modify, or create derivative works from any part of Swell without our express prior written permission.
4. User Representations
By using Swell, you represent and warrant that:
- All registration information you submit is true, accurate, current, and complete.
- You are at least 18 years of age.
- You have the legal capacity to agree to these Terms.
- You will not access Swell through automated or non-human means.
- You will not use Swell for any illegal or unauthorized purpose.
- You understand and accept that Swell is a wellness tool only — not a crisis service, therapy platform, or telehealth provider.
- You will seek professional help if you are experiencing a mental health crisis and will not rely on Swell in lieu of emergency services.
5. User Registration
You may be required to register with Swell to access certain features. You agree to keep your password confidential and are responsible for all activity under your account. We reserve the right to remove or reclaim usernames we deem inappropriate or objectionable at our sole discretion.
6. Prohibited Activities
You agree not to use Swell to:
- Systematically retrieve data or compile databases without our written permission.
- Trick, defraud, or mislead other users or us.
- Circumvent or interfere with any security features of Swell.
- Upload or transmit viruses, malware, or other harmful code.
- Harass, abuse, intimidate, or threaten any person.
- Impersonate another user or person.
- Use Swell for any commercial purpose not expressly approved by us.
- Attempt to reverse engineer, decompile, or disassemble any part of Swell.
- Use Swell in any way that violates applicable law or regulation.
- Use Swell as a substitute for professional mental health care, crisis intervention, or emergency services.
7. User Generated Content
Swell may allow you to submit feedback, ratings, or other content (“Contributions”). By submitting Contributions, you grant Swell a non-exclusive, worldwide, royalty-free license to use, reproduce, and display such Contributions for the purpose of operating and improving the service. You represent that your Contributions are accurate, lawful, and do not infringe any third-party rights. We reserve the right to remove any Contributions at our sole discretion and without notice.
8. Mobile Application License
We grant you a revocable, non-exclusive, non-transferable, limited right to install and use Swell on your personal wireless device, subject to these Terms.
Apple and Android Devices
When you use Swell via the Apple App Store or Google Play (each an “App Distributor”):
- Your license to use Swell is limited to use on a device running Apple iOS or Android, per the applicable App Distributor's terms.
- We are responsible for providing maintenance and support for Swell — the App Distributor has no obligation to do so.
- In the event of a warranty failure, you may notify the App Distributor for a potential refund; beyond that, the App Distributor has no further warranty obligations.
- You represent that you are not located in a country subject to a U.S. government embargo or on any U.S. government prohibited parties list.
9. Billing & Subscriptions
Swell is available as a monthly auto-renewing subscription. By subscribing, you agree to the following:
- We do not store your payment information — all billing is handled securely through the Apple App Store or Google Play Store.
- Your subscription renews automatically each month unless cancelled.
- To avoid being charged for the next billing period, you must cancel at least 24 hours before your renewal date.
- You can manage or cancel your subscription at any time through your App Store or Google Play account settings.
- Refunds are subject to the applicable App Distributor's refund policy.
10. SMS Messaging Program
Swell may send you transactional text messages tied to your account — including verification codes, security alerts, and notifications about account activity. We do not send marketing or promotional text messages.
You opt in to the SMS program by entering and verifying your mobile number in the Swell app. By doing so, you consent to receive transactional text messages from Swell at that number. Message frequency varies. Message and data rates may apply. Check with your carrier for details.
To stop receiving messages, reply STOP to any text message. For assistance, reply HELP.
Carriers are not liable for delayed or undelivered messages.
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. Information sharing to subcontractors in support services, such as customer service is permitted. All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
11. Third-Party Websites and Content
Swell may contain links to third-party websites or services, including emergency and mental health resources. We do not investigate, monitor, or endorse third-party content. Your use of any third-party website is at your own risk and subject to that party's terms. We are not responsible for any third-party content, products, or services.
12. Privacy Policy
We care about your data privacy and security. By using Swell, you agree to be bound by our Privacy Policy, which is incorporated into these Terms by reference. Swell is hosted in the United States. If you access Swell from outside the U.S., you consent to the transfer and processing of your data in the United States.
13. Disclaimer — Not a Crisis or Therapy Tool
Swell is a wellness support tool only. It is not a licensed mental health service, therapy or telehealth platform, crisis line, or emergency resource. Use of Swell does not create any professional care relationship of any kind.
Swell is provided on an “as-is” and “as-available” basis. To the fullest extent permitted by applicable law, Sage Health Labs Inc disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
We make no warranty that Swell will detect, prevent, or appropriately respond to any mental health crisis or emergency. We are not liable for any harm, loss, injury, or damages of any kind arising from: (1) your use or misuse of Swell; (2) your reliance on Swell as a crisis intervention tool, therapy replacement, or emergency service; or (3) any use of Swell in a manner for which it is not intended.
14. Limitations of Liability
In no event will Sage Health Labs Inc, its directors, officers, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages — including damages arising from mental or emotional distress, personal injury, or death — arising from your use of or inability to use Swell, even if we have been advised of the possibility of such damages.
Our total liability to you for any cause whatsoever shall at all times be limited to the lesser of: (a) the amount paid by you to us in the six (6) months prior to the cause of action arising, or (b) $500.00 USD. Certain state laws do not allow limitations on implied warranties or exclusion of certain damages. If these laws apply to you, some or all of the above may not apply, and you may have additional rights.
15. Indemnification
You agree to defend, indemnify, and hold harmless Sage Health Labs Inc, its affiliates, officers, agents, partners, and employees from any loss, damage, liability, claim, or demand — including reasonable attorneys' fees — arising from: (1) your use of Swell; (2) your breach of these Terms; (3) your violation of any third party's rights; or (4) any use of Swell in a manner for which it is not intended, including any use as a crisis intervention tool, therapy replacement, or emergency service.
16. Term and Termination
These Terms remain in effect while you use Swell. We reserve the right, in our sole discretion and without notice or liability, to suspend or terminate your access to Swell at any time for any reason, including breach of these Terms. Upon termination, your right to use Swell ceases immediately. You may not register a new account after termination without our express permission.
17. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of Delaware, as Sage Health Labs Inc is a Delaware corporation, without regard to its conflict of law principles.
Any legal action arising out of or relating to these Terms or your use of Swell shall be commenced exclusively in the state or federal courts located in Jefferson County, Kentucky (Louisville), and you hereby consent to the personal jurisdiction of such courts and waive all defenses of lack of personal jurisdiction and forum non conveniens. Any claim must be brought within one (1) year of the cause of action arising, or it is permanently barred.
18. Modifications and Interruptions
We reserve the right to change, modify, or discontinue Swell at any time without notice. We are not liable for any loss or inconvenience caused by interruptions, modifications, or discontinuance of the service.
19. Miscellaneous
These Terms constitute the entire agreement between you and Swell with respect to your use of the service. If any provision is found unlawful or unenforceable, the remaining provisions remain in full effect. Our failure to enforce any provision is not a waiver of that right. We may assign our rights and obligations under these Terms at any time. These Terms may not be construed against us by virtue of having drafted them.
20. California Users and Residents
If any complaint with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
21. Contact Us
If you have questions about these Terms, please contact us at:
Sage Health Labs Inc
Louisville, Kentucky
support@getswell.app