Terms of service
TERMS OF PARTICIPATION, PRIVACY, & CONDUCT
(Swivel Development System)
Effective date: January 22, 2026
Please READ carefully. By purchasing this product, the following Terms and Conditions (the “Agreement”) are entered into by KKL & Co Enterprises (“Company”, “we”, or “us”) and you (“Client”, “Participant” or “you”), and you agree to the following terms stated herein. The Company and you may be referred to collectively as the “Parties”.
By purchasing, enrolling in, accessing, or participating in any portion of the Program (defined below), you acknowledge that you have read, understood, and agree to be bound by this Agreement.
1) PROGRAM/SERVICES
1.1 Program Description
Company agrees to provide the Swivel Development System (the “Program”) as described on the sales and/or registration website page(s) at the time of enrollment. The Program may include, without limitation: digital resources; downloadable materials; assessments; an online course hosted through Membership.io; live or recorded coaching calls, webinars, workshops, and trainings hosted via Zoom; and any private forums, communities, or discussion spaces operated by Company (whether hosted by Company or through third-party platforms). As a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
1.2 Platform Providers (Third Parties)
You understand that delivery of parts of the Program relies on third-party services (including Shopify, Membership.io, Zoom, ActiveCampaign, and PointerPro) and may make changes to the third-parties engaged without notification. Your use of those services may also be subject to their separate terms and privacy policies. Company is not responsible for outages, interruptions, or service changes caused by third parties.
1.3 Program Updates
The Company will periodically make updates to the core Program, and you will have access to updated materials for as long as your Membership is active and/or the Company continues to offer the Program to its customers.
1.4 Bonuses
From time to time, Company may offer bonuses. You shall be entitled to any bonuses offered to you at the time of your enrollment. Bonuses are not guaranteed to be available for the entire duration of the Program or your Membership and they vary depending on specific live and automated promotions throughout the year.
1.5 Optional / Additional Elements
The Company reserves the right to offer additional Program elements from time to time (e.g., special sessions, pilot groups, advanced lessons), for any subgroup of participants at the Company’s discretion. These additional Program elements are a bonus, not a part of the services included in the base version of the Program. The selection of the participants who may participate in any additional Program elements is at the sole discretion of the Company.
2) ELIGIBILITY; INTENDED AUDIENCE
2.1 Age Requirement
This Program is intended and only suitable for individuals aged 16 and above. Some of the content in this Program may not be appropriate for children. Company hereby disclaims all liability for use by individuals under the age of 16.
2.2 Intended Use
The Program is designed for leadership development and professional growth and is intended to be utilized by professional employees who designate as Manager or future Manage (self or company designation) and who will implement the skills and strategies taught throughout the Program. You are responsible for how you apply the Program in your organization and circumstances.
3) INCORPORATED POLICIES
The Company’s Terms of Participation, Privacy & Conduct and Disclaimer (each as posted on Company’s website) are hereby incorporated by reference into this agreement. In the event of a conflict between this Agreement and any incorporated policy, this Agreement controls for Program participation, privacy, and conduct issues and shall apply fully to your participation in the Program.
4) FEES, PAYMENT, AND ACCESS
4.1 Fees.
You agree to pay the fees listed at checkout (including any applicable taxes).
4.2 Payment Plans
If you enroll using a payment plan, you authorize Company (or its payment processor) to charge your payment method according to the plan schedule. You remain responsible for the full amount due under the plan.
4.3 Failed Payments
If a payment fails, Company may suspend access until the account is brought current.
5) REFUND POLICY (14-DAY GUARANTEE)
Company offers a 14-day money-back guarantee for the Program, subject to the conditions below.
5.1 Refund Window
To request a refund, you must email support@swivelyourchair.com within 14 days of the date you purchase the Program.
5.2 Good-Faith Non-Use Requirement
Because the Program is educational and implementation-based, refund requests must include proof you did not access, download, or use the work. To qualify, you must submit a refund request email within 14 days from purchase date. Once request is received, the Program team will determine if you accessed or downloaded the Program within this timeframe. If you request a refund but do not meet the requirements within the refund window, your refund may be denied.
5.3 Physical Workbook Return (If Applicable)
If you received a physical workbook and related materials, you must return it within 7 days after Company approves your refund request. You are responsible for return shipping costs (including international shipping). Shipping/handling fees are non-refundable.
5.4 Processing Time
Approved refunds are issued through the original payment method. Company cannot control third-party payment processor timelines.
5.5 Effect of Refund
If a refund is issued, your license to use Program materials terminates immediately. You must stop using the materials and delete/destroy any material in your possession or obtained and not returned.
5.6 After the Refund Window
In all other cases, because of the extensive time, effort, preparation and care that goes into creating and providing the Program, the Company has a no refund policy. After the refund window closes, all payments are non-refundable, and you remain responsible for any remaining payments due under a payment plan, whether or not you complete the Program.
Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Program and no refunds will be provided to you. By using and/or purchasing our Program, you understand and agree that, except for the limited refund policy described above, all sales are final and no refunds will be provided.
The Company reserves the right, in its sole discretion, to decide how to address any participant who violates these Terms, and will not issue refunds to participants who may disagree with its decision.
If, in the Company’s sole right and discretion, you persist with behaviors or actions that violate these Terms, the Company may terminate your access and participation in the Program without notice and without refund.
If you have any questions or problems, please contact our support team and inform them directly. The support team can be reached at: support@swivelyourchair.com.
6) CHARGEBACKS & PAYMENT DISPUTES
Company does not accept chargebacks as a substitute for requesting support or a refund under this Agreement. If you believe a charge is incorrect, you agree to contact support@swivelyourchair.com first so we can attempt to resolve the issue.
- If you initiate a chargeback or payment dispute, Company may, in its discretion:
suspend or terminate your Program access pending resolution, and/or - provide documentation to the payment processor to contest the dispute.
7) YOUR CONDUCT; COMMUNITY RULES; CONFIDENTIALITY
7.1 Respectful Participation
You agree to participate respectfully. You may not post or transmit content that is abusive, threatening, harassing, knowingly false, defamatory, obscene, or unlawful, or that infringes upon the rights of others.
The Company may also post separate rules regarding your behavior in any online community or forum, whether hosted on the Company’s website or a third-party website, which may be updated from time to time. You agree that you are bound by those rules and they are expressly incorporated into this Agreement.
You are strictly forbidden from the following:
- Causing damage to any Company website or third-party forums operated by the Company,
- Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent or harmful purpose or activity,
- Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software,
- Using any Company website or third-party forums operated by the Company to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes,
- Systematically or automatically collecting data from any Company website or third-party forums operated by the Company,
- Sharing private and proprietary information from the Program or other participants with anyone else, and
- Discriminatory speech, hate speech, comments, or actions against another member based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels.
The Company does its best to create a safe and welcoming space for all participants, however, the Company cannot guarantee that all participants will follow these guidelines. The Company, in its sole discretion, may remove any participant’s comments, posts, content or materials, however, the Company does not have a duty to review all comments, posts, content and material shared within any online private forums or groups or on any group call. Therefore, the Company shall not be held liable for any participant’s comments, actions, posts, content or materials that result in another participant’s trauma or discomfort. If a violation of the guidelines expressed in this document are found, the Participant may be removed from further access to all Program content, and no Program refund will be issued.
7.2 Confidentiality of Your Participation and Information
Choose carefully the materials that you upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public. The Company respects the privacy of its customers and will not disclose any information you provide except as set forth in this Agreement.
You are responsible for your material and for any liability that may result from the material you post. You participate, comment, and post material at your own risk. Any communication by you on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
7.2 Confidentiality of Other Participant Information
As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information. You shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from the other participant to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to you in the Program with anyone other than the Company, its owners and employees, and other Program participants.
7.3 Confidentiality of Company Materials
The Program contains Company’s proprietary methods, processes, templates, and resources. You agree not to share Program materials with any non-participant.
7.4 No Recording / No AI Transcription of Other Participants
To protect privacy and maintain confidentiality, you may not use AI technology to record or transcribe any Program session attended by other participants. You may not record, capture, screen-record, transcribe, or use AI tools to record/transcribe any live sessions or content that includes other participants without Company’s or others expressed written permission.
7.5 Pitch-Free Zone
You agree not to pitch, promote, market, or sell products/services to Program participants inside Program spaces, and not to form or join shadow groups on social media or any other platform for solicitation.
7.6 Moderation
The Company, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Company’s and any third-party forums operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.
8) LIVE SESSIONS, WEBINARS, AND RECORDINGS (ZOOM)
8.1 Sessions Are Recorded at Discretion of Company
The Participant acknowledges and agrees that Company records live coaching calls, trainings, and webinars. Recordings may capture the Participant’s audio/video, voice, name as displayed, chat messages, Q&A, poll responses, and any content the Participant shares.
8.2 Privacy, Notice and Consent
Company will provide notice that sessions are recorded (e.g., in registration materials, session descriptions, and/or at the start of a session). By joining and remaining in a recorded session, you consent to recording and to the uses described below to the extent permitted by law in connection with the Participant’s participation in any Program, without compensation to the Participant at any time, now or at any time in the future.
8.3 Permitted Uses of Recordings (Program Delivery)
Company may use recordings to provide replays to enrolled participants, support Program delivery and participant learning, improve Program quality, and train Company staff/coaches internally. Participants grant the Company, and anyone authorized by the Company, the right to use the Participant’s likeness and identify the Participant by name, email address, or screen name as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by the Participant or the Company that references the Company or the Program, and to identify the Participant as a member of the Program by name, email address, or screen name, for any Program purposes, including commercial purposes and advertising. You may request to opt out of commercial or advertising usage or request written permission (for example, via a signed release or written consent email) by contacting support@swivelyourchair.com.
8.4 Participant Options
If you do not want your video/audio included, you may keep your camera off, use a non-identifying display name, and refrain from speaking. If you have concerns, contact support@swivelyourchair.com.
9) USERNAME AND PASSWORD; ACCOUNT SECURITY
Your membership to Program ensures access for one unique and designated participant and is not to be shared. To access certain features of the Program, including any private membership areas, you may need a username and password. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current and complete information about yourself. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Program to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Program or any of its content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s website
10) TEXT MESSAGES (IF USED)
If you provide the Company your mobile number and opt in to SMS, you consent to receive program-related materials and marketing text messages from Company. Message and data rates may apply. You can opt out at any time by replying STOP (or using any reasonable revocation method). For help, reply HELP or contact support@swivelyourchair.com. Marketing texts require appropriate consent under U.S. law and opt-out requests must be honored.
11) INTELLECTUAL PROPERTY; LIMITED LICENSE; NO SHARING
11.1 Ownership
All content included as part of the Program, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, is the property of the Company or its suppliers and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.
11.2 Limited License (Individual Use)
Upon full payment (or as otherwise specified at checkout), Company grants you one limited, revocable, non-transferable, non-sublicensable license to access and use the Program materials for your personal development and/or your internal business use by you as an individual. If you want multi-user/team access, you must purchase subsequent additional Program licenses or an appropriate team license if offered.
11.3 Prohibited Uses
You may not copy, reproduce, republish, sell, redistribute, or publicly display Program materials. You may not share logins, forward downloads, or post materials to shared drives accessible by non-licensed users.
11.4 No Uploading to Public AI Tools / Training Sets
You may not upload Program materials to public AI tools or databases (including systems that may train models on submitted data) or otherwise use the materials to create competing products.
11.5 Enforcement
Unauthorized use may result in immediate termination of access without refund and may subject you to legal remedies including injunctive relief and damages.
12) DISCLAIMERS
The Program provides education and information only and is not professional advice (legal, financial, medical, HR, therapeutic, or otherwise). You are responsible for your decisions, actions, and results. You are always encouraged to abide by and consult your internal Human Resources advisor (or equivalent), company or organization representative. You are always responsible for following regional, district, and country guidelines and laws. To the maximum extent permitted by law, the Program is provided as is without warranties of any kind.
13) LIMITATION OF LIABILITY
To the maximum extent permitted by law, Company will not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill arising out of your participation in the Program. If Company is found liable for any claim, Company’s total liability will not exceed the amount you paid to Company for the Program. Some jurisdictions do not allow certain limitations; in those jurisdictions, limitations apply to the fullest extent permitted by law.
14) INDEMNIFICATION
You agree to indemnify and hold harmless Company and its owners, employees, contractors, and agents from any claims, liabilities, damages, and expenses (including reasonable attorney’s fees) arising out of your breach of this Agreement, misuse of the Program, or violation of law or third-party rights.
15) FORCE MAJEURE
Company is not liable or responsible to You nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation acts of God, flood, fire, earthquake, pandemic, death, illness or incapacity of Kimberly Kleiman-Lee or key Company personnel, explosion, any local, state, federal, national or international law, governmental order or regulation, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, or telecommunication breakdown or power outage (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, the Company shall give notice to you of its inability to perform or of delay in completing the Program and shall propose revisions to the schedule for completion of the Program or other accommodations or may terminate this Agreement.
INDEMNIFICATION AND HOLD HARMLESS
You agree to indemnify, defend, release and hold harmless the Company, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns; any Company volunteers; and Kimberly Kleiman-Lee (collectively “Releasees”) for, from and against any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
16) TERMINATION
Company may terminate or suspend your access without refund if you violate this Agreement, disrupt the Program, or engage in prohibited conduct. The intellectual property, confidentiality, limitation of liability, and dispute terms survive termination.
17) USERS OUTSIDE UNITED STATES
The Company controls and operates the Program from offices in the United States. The Company does not represent that materials on the Program are appropriate or available for use in other locations. People who choose to access the Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If you access the Program from outside the U.S., you are responsible for compliance with local laws.
INTERNATIONAL PARTICIPANTS; EU/UK RIGHT OF WITHDRAWAL (DIGITAL CONTENT)
EU/UK consumers: You may have a statutory right to withdraw from certain purchases within 14 days. However, for digital content/services supplied immediately, the withdrawal right may be lost once performance begins if you give express consent and acknowledge that you lose the right of withdrawal once delivery/access begins.
18) GOVERNING LAW; VENUE; CLASS ACTION WAIVER
18.1 Governing Law
This Agreement is governed by the laws of the State of Wisconsin, without regard to conflict of law principles.
18.2 Venue
Any dispute arising from this Agreement will be brought in the state or federal courts located in Wisconsin, in the county where Company maintains its principal place of business, and you consent to jurisdiction and venue there. (Nothing prevents either party from bringing an individual claim in small claims court where permitted.)
18.3 Class Action Waiver
To the extent permitted by law, you agree to bring claims only in your individual capacity and not as a plaintiff or class member in any class, collective, or representative action.
19) MODIFICATIONS
Company may update these Terms from time to time. Updated terms will be posted on Company’s website and will apply prospectively. If changes are material, Company will take reasonable steps to notify participants.
20) SEVERABILITY
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. The remainder of this Agreement will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.
21) SECURITY
Security for all personally identifiable information is extremely important to Company. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while the Company strives to protect your personal information, the Company cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to the Company, you accept that you do so at your own risk.
22) CONTACT
If you do not understand or agree with any of these conditions, please do not purchase the Program. If you require further clarification, please contact support@swivelyourchair.com.
Questions about the Program or these Terms can be sent to KKL & Co Enterprises at Email: support@swivelyourchair.com