Terms of Service

1. Acceptance of Terms

• Agreement. These Terms constitute a legally binding agreement between you and Tire Swing.
• Updates. We may modify these Terms at any time. We will post the revised date above and, where appropriate, notify you by email or through your account dashboard. Your continued use of the Service after any such changes constitutes your acceptance of the updated Terms.

2. Definitions

• Service: Tire Swing's AI-powered affordable housing eligibility platform, including document processing, income certification workflows, compliance rule engines, and dashboard.
• Customer Data: All data, documents, extracted information, certifications, and metadata you or your end users provide to the Service.
• Tenant Documents: Documents uploaded to the Service for processing, including but not limited to pay stubs, tax returns, bank statements, benefit letters, and verification forms.
• Certification: A tenant income certification or examination produced through the Service for affordable housing compliance programs such as LIHTC or HUD Project-Based Rental Assistance.

3. Description of Service

• Processes and extracts data from tenant eligibility documents using AI and OCR technology
• Applies affordable housing program rules and requirements (e.g., income limits, verification rules, program-specific forms)
• Manages tenant income certification workflows for programs including LIHTC and HUD Project-Based Rental Assistance
• Provides a dashboard for managing buildings, units, household members, and certifications
• Tracks income, assets, and deductions for household members across certification periods

We will use commercially reasonable efforts to provide the Service on a 24/7 basis. However, the Service may be unavailable from time to time due to scheduled maintenance (typically during evenings or weekends) or unplanned outages, failures of third-party providers, or other events outside our reasonable control.

Operational support for the Service is available by contacting support@gettireswing.com.

4. Account Registration & Credentials

• Registration. To use the Service, you must create an account with a valid business email and password.
• Security. You are responsible for maintaining the confidentiality of your credentials and all account activity.
• Responsibility for Accounts. You are responsible for maintaining the security of your equipment, accounts, and passwords (including administrative and user passwords), and for all activity occurring under your accounts, whether or not authorized by you. You agree to notify us promptly if you suspect fraudulent activity or that your credentials have been compromised.

5. Eligibility & Vetting

• Business Verification. You represent that you are a legitimate property manager, owner, or compliance professional with the legal authority to process tenant eligibility documents and certifications.
• Compliance Certification. You agree to comply with all applicable affordable housing regulations, including but not limited to LIHTC, HUD, and state housing finance agency requirements.
• Right to Suspend. We reserve the right to suspend or terminate accounts that misrepresent their authority, violate these Terms, or misuse the Service.

6. Subscription & Fees

• Payment Terms. Subscription fees, billing cycle, and payment methods will be set forth in your Order Form or invoice.
• Auto-Renewal. Unless canceled in writing at least 30 days before the end of the then-current term, subscriptions will automatically renew.
• Refunds & Late Payments. Fees are non-refundable except as required by law. Late payments may incur interest or service suspension.

7. License Grant & Usage Restrictions

• License. We grant you a limited, non-exclusive, non-transferable right to use the Service in accordance with these Terms.
• Restrictions. You shall not, directly or indirectly:
  • reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Service;
  • modify, translate, or create derivative works based on the Service;
  • provide, sell, resell, sublicense, lend, rent, lease, or otherwise allow third parties to access or use the Service except as expressly permitted in writing by us;
  • use the Service to build, train, or improve a competing product or service;
  • conduct security or vulnerability testing, interfere with the operation or performance of the Service, or attempt to circumvent any security or access control measures, except with our prior written consent;
  • access or attempt to access accounts, data, or portions of the Service that you are not expressly authorized to access; or
  • remove, alter, or obscure any proprietary notices or labels on or in the Service.

8. User Obligations & Acceptable Use

• Accurate Information. You must provide accurate and complete registration information and ensure that uploaded documents are authentic and unaltered.
• Legal Compliance. You will not use the Service in violation of any law, including data privacy, fair housing, and affordable housing compliance regulations.
• Review Responsibility. You acknowledge that AI outputs require human review. You are responsible for verifying the accuracy of extracted data and compliance determinations before finalizing certifications.

9. Data Ownership & Privacy

• Ownership. You retain all rights to your Customer Data and grant us a limited license to process and store it as needed to provide the Service.
• Privacy Policy. Our Privacy Policy (available at https://www.gettireswing.com/privacy_policy) governs the collection and use of personal data.
• Data Security. We implement reasonable technical and organizational measures to protect Customer Data, including encryption at rest and in transit. However, no system is completely secure, and we cannot guarantee absolute security.
• Sensitive Data. The Service processes sensitive personal information including Social Security numbers, income data, and financial records. You agree to handle all such data in compliance with applicable privacy laws.
• Confidentiality. We treat Customer Data as confidential and will not disclose it to third parties except as needed to provide the Service, comply with law, or as described in our Privacy Policy.

10. AI Processing & Limitations

• AI-Assisted Processing. The Service uses artificial intelligence and machine learning to extract data from documents and apply compliance rules. AI outputs are provided as assistance and are not guaranteed to be error-free.
• Human Oversight Required. You acknowledge that all AI-generated outputs, including extracted data and compliance determinations, must be reviewed and approved by qualified personnel before being used for official certifications.
• No Regulatory Advice. The Service does not provide legal, tax, or regulatory advice. Final compliance determinations are your responsibility.

11. Third-Party Integrations & Services

We may integrate with third-party platforms (e.g., property management systems, document storage providers, OCR services). We are not responsible for their performance, privacy practices, or data handling.

12. Intellectual Property Rights

• Our IP. All software, algorithms, AI models, trademarks, and documentation remain our exclusive property.
• Customer IP. You own any content or data you upload; you grant us a limited license to process it as needed to provide the Service.
• Feedback. Any suggestions or feedback you provide about the Service may be used by us without obligation to you.

13. Disclaimers & Warranties

• AS-IS. THE SERVICE IS PROVIDED "AS-IS" WITHOUT WARRANTIES OF ANY KIND.
• No Guarantee. We do not warrant uninterrupted operation, error-free document extraction, or accuracy of AI outputs. You are responsible for final verification of all compliance determinations.
• Regulatory Compliance. We do not guarantee that use of the Service will satisfy all applicable affordable housing regulatory requirements.
• Service Availability. You acknowledge that the Service may be temporarily unavailable for scheduled maintenance or emergency maintenance, or due to failures of third-party services, internet providers, or other causes beyond our reasonable control.

14. Limitation of Liability

To the maximum extent permitted by law, our aggregate liability under these Terms arising out of or relating to the Service will not exceed the fees you paid to us for the Service in the twelve (12) months preceding the event giving rise to the claim. We will not be liable for any indirect, incidental, special, consequential, or exemplary damages, including loss of profits, loss of business, loss or corruption of data, or the cost of substitute services, even if we have been advised of the possibility of such damages. These limitations apply to any theory of liability, whether based on contract, tort, negligence, strict liability, or otherwise.

15. Indemnification

You agree to defend, indemnify, and hold us harmless from any claim arising out of your use of the Service, breach of these Terms, violation of applicable law, or your failure to properly review and verify AI-generated outputs before use.

16. Force Majeure

We will not be liable for delays or failures in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, pandemics, power failures, internet service provider failures, or telecommunications disruptions.

17. Term & Termination

• Term. These Terms remain in effect while you have an active subscription.
• Termination for Cause. We may suspend or terminate for breach or to comply with legal requirements.
• Effect of Termination. Upon termination, your access ends. You may request export of your Customer Data within 30 days of termination. After this period, we may delete or archive your data per our Data Retention policy.

18. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of New York, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in New York County, New York, and you and Tire Swing consent to the personal jurisdiction and venue of those courts.

19. Changes to These Terms

We may update these Terms; material changes will be communicated via email to registered account holders or displayed in-dashboard. Continued use after such notice constitutes acceptance.