Legal

Terms of Service

Effective August 31, 2026 · Last updated September 30, 2026

These terms govern your use of swellmore.com and any services you engage us to perform. Swellmore is a trade name of PARAVIEW VENTUREWORKS LLC, a Florida limited liability company ("Swellmore," "we," "us"). "You" or "Client" means the business entering into this agreement. By using the site or signing an order form, you accept these terms.

1. Services

We provide two services, together or separately, as set out in your order form:

• Google Review Management. Review requests to your customers, replies to your Google reviews, Google Business Profile upkeep, and reporting.
• AI Lead Generation. Google Ads campaign management, lead capture, AI-assisted qualification, and appointment booking.

Your order form controls scope, price, and start date. If it conflicts with these terms, the order form wins.

2. Review integrity: read this one

Our product is two-way feedback capture: customers can leave a public review and can also reply to you privately. Both paths are offered to everyone, on the same terms.

This is not a stylistic preference. Review gating violates Google's prohibited and restricted content policies and can result in your listing being suppressed or removed. It also runs against the FTC's Rule on the Use of Consumer Reviews and Testimonials, 16 C.F.R. Part 465, which prohibits suppressing negative reviews, buying positive reviews, and misrepresenting that a review set is independent. Penalties attach to the business whose listing benefits, which is you, not us.

You agree that you will not ask us to gate or filter reviews, offer compensation in exchange for positive reviews, write or commission reviews of your own business, or otherwise misrepresent your review profile. We will decline such a request, and repeated requests are grounds for us to terminate immediately.

Review replies

We draft and post replies to reviews on your Google Business Profile, based on what you share with us about your business. Unless you tell us you'd rather we post them directly, we'll share our proposed reply to negative reviews with you before posting, and if you don't respond within a reasonable time, we may post it. Replies to reviews involving legal, safety or damage claims are always held for your direction. Replies are published in your name and are your public statements. You can ask us to change or remove any reply at any time.

3. Text messaging: you are the sender

Review requests and follow-ups are sent from a phone number provisioned for and registered to your business. As between you and Swellmore, you are the sender of those messages. We build and operate the system; you decide who is contacted.

Program disclosures

These disclosures apply to messaging programs we operate, and must also appear on your own opt-in form:

• The sender is identified by business name in the consent disclosure and in message content.
• Message frequency varies by program and campaign.
• Message and data rates may apply.
• Recipients may reply STOP at any time to unsubscribe, or HELP for assistance.
• Carriers are not liable for delayed or undelivered messages.
• Consent is not a condition of any purchase.
• Our Privacy Policy governs how message data is handled.

Your warranties

You represent, warrant, and agree that:

• Before any customer is texted, you have obtained, and will maintain, valid prior express written consent from that customer as required by the Telephone Consumer Protection Act (47 U.S.C. § 227), its implementing rules, and applicable state law, using consent wording we provide or approve. Consent is never pre-selected and never a condition of purchase.
• You keep records of consent, including how and when it was obtained, and will produce them on request.
• The information you provide for your A2P 10DLC messaging registration is accurate, is in your legal entity's name, and matches your business as it appears on your website and any DBA.
• Opt-outs are honored immediately. You will not ask us to disable opt-out handling or to message anyone who has opted out.
• Every customer number you give us was lawfully obtained by you, not purchased, rented, or otherwise acquired from a third party.

We may suspend messaging immediately, without refund of the current period, if we reasonably believe a campaign is non-compliant or has triggered carrier action.

4. Google Ads and ad spend

Advertising spend is separate from our fee and is paid by you directly to Google from your own Google Ads account, which you own and control. We do not mark up, resell, or hold ad spend. You are responsible for your budget and for any charges Google assesses. If you revoke our access to the account, we cannot manage the campaigns and fees still accrue.

5. Your responsibilities

• Own or lawfully control your Google Business Profile, website, and advertising accounts, and grant us the access we need.
• Provide accurate business information and respond to reasonable requests for input, approvals, and assets.
• Ensure content and offers you ask us to publish are truthful, substantiated, and lawful for your industry, including any licensing or professional advertising rules that apply to you.
• Respond to leads. Our systems can book appointments; they cannot perform your work.

6. No guarantees

We are confident in the work and honest about what is outside our control. We do not guarantee search rankings, review counts, review ratings, lead volume, appointment volume, conversion rates, or revenue. Google's algorithms, auction dynamics, your market, your pricing, and your own responsiveness all affect results. Any figures we share are either published third-party research, with the source named, or results from real client engagements. They are not a prediction of your results.

7. Fees, billing, and term

• Our fee is a monthly retainer stated on your order form, billed in advance on the same day each month, plus applicable taxes. Ad spend is separate and paid to Google directly.
• The engagement runs month to month unless your order form says otherwise, and renews automatically.
• Either party may cancel at any time by written notice. Email to [email protected] counts as written notice. Cancellation takes effect at the end of the current paid billing period, and services continue until then.
• Fees already paid are non-refundable except where these terms say otherwise. We do not pro-rate a partial month.
• If payment is more than 10 days late we may pause services after notice. Amounts more than 30 days late accrue 1.5% per month or the maximum the law allows, whichever is less.
• We may change our fees on 30 days' written notice, effective at your next renewal.

Free trial

• New Google Review Management clients receive a 14-day free trial, which begins the day your review requests go live. If setup is delayed on your side for more than 7 days after signup, the trial begins anyway.
• A payment method is required at signup. Your first monthly fee is charged on day 15 of the trial and on the same date each month after that. Cancel before day 15 and you won't be charged.
• One free trial per business. We may change or end the free trial offer for new clients at any time.

8. Intellectual property

We keep ownership of our methods, templates, workflows, software configurations, and anything we develop generally. On full payment, you receive a perpetual, non-exclusive license to use the campaign assets, copy, and creative we produced specifically for you. You keep ownership of your brand, content, customer data, and accounts, and you grant us a license to use them as needed to deliver the services during the term.

We may reference that you are a client and describe results in general terms unless you tell us in writing not to.

9. Confidentiality

Each party will protect the other's non-public business information with at least reasonable care and use it only to perform under this agreement. This does not cover information that is public, already known, independently developed, or required to be disclosed by law.

10. Data protection

Customer data you provide remains yours. We process it as your service provider, only on your instructions and only to deliver the services. We do not sell it and we do not use it for our own marketing. Our handling of information is described in our Privacy Policy. On termination, we will return or delete your customer data on written request, subject to backups and legal retention. We keep records of messaging consent and opt-outs for as long as we need them to meet legal obligations and defend claims.

11. Termination

Either party may cancel at any time under section 7, effective at the end of the current paid billing period. Either party may terminate immediately if the other materially breaches and fails to cure within 10 days of written notice. We may terminate immediately for non-compliant messaging, a request to gate reviews, or conduct that exposes us to legal or carrier risk. On termination we will provide reasonable transition assistance on request. The texting number we provide for your review requests is part of the services and stays with Swellmore when the engagement ends. Sections 6 and 8 through 16 survive.

12. Disclaimers

EXCEPT AS EXPRESSLY STATED, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION, AND WE ARE NOT RESPONSIBLE FOR ACTS, OUTAGES, POLICY CHANGES, OR ACCOUNT ACTIONS BY GOOGLE, CARRIERS, OR OTHER THIRD-PARTY PLATFORMS.

13. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE FEES YOU PAID US IN THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THIS LIMIT DOES NOT APPLY TO YOUR INDEMNITY OBLIGATIONS IN SECTION 14 OR TO EITHER PARTY'S FRAUD OR WILLFUL MISCONDUCT.

14. Indemnification

You will defend, indemnify, and hold harmless Swellmore, PARAVIEW VENTUREWORKS LLC, and its members, officers, and contractors from any claim, demand, penalty, fine, loss, or expense (including reasonable attorneys' fees) arising out of or relating to: (a) messages sent to your customers, including any claim under the TCPA or state telemarketing law; (b) your failure to obtain or maintain consent; (c) the accuracy or lawfulness of your customer list; (d) content, claims, or offers you supplied or approved; (e) your breach of section 2 or section 3; or (f) your violation of law or of a third-party platform's policies.

We will defend, indemnify, and hold you harmless from any claim that our services, as delivered by us and used as directed, infringe a third party's intellectual property rights, or that arises from our gross negligence or willful misconduct.

The party seeking indemnity must give prompt notice and reasonable cooperation, and the indemnifying party controls the defense and settlement, provided no settlement imposes liability on the other party without consent.

15. Governing law and disputes

This agreement is governed by the laws of the State of Florida, without regard to conflict-of-laws rules. The parties consent to exclusive jurisdiction and venue in the state and federal courts located in Miami-Dade County, Florida. Before filing, the parties will attempt to resolve the dispute in good faith for 30 days. The prevailing party in any action is entitled to recover reasonable attorneys' fees and costs.

16. General

We may update these terms and will post the new version with an updated date; material changes take effect at your next renewal. Neither party may assign without the other's consent, except to a successor in a merger or sale of substantially all assets. If any provision is unenforceable, the rest stays in force. Neither party is liable for delays caused by events beyond reasonable control. Nothing here creates a partnership, joint venture, or employment relationship. This agreement, together with your order form and our Privacy Policy, is the entire agreement between us. Notices go to [email protected] and to the email on your order form.

17. Contact

PARAVIEW VENTUREWORKS LLC d/b/a Swellmore
2125 Biscayne Blvd, Ste 204 #27367
Miami, FL 33137, United States
[email protected]