Last updated: March 20, 2026
By accessing or using Swell Factor ("the Service"), operated by Morris Ventures LLC ("we," "us," or "our"), you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use the Service.
Swell Factor is a web-based construction material calculation and project management tool. The Service provides material volume, tonnage, and truckload calculations, shape-based area calculations, cost estimation tools, project management features, and PDF report generation. The Service is intended as an estimation tool only.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to suspend or terminate accounts that violate these terms.
All calculations, estimates, and data provided by Swell Factor are for informational and estimation purposes only. Results are approximations and may not be accurate. Material properties, densities, swell factors, and other values used in calculations are general estimates and may vary significantly based on actual site conditions, material sources, moisture content, compaction, and other environmental factors. You are solely responsible for verifying all calculations and estimates independently before making any decisions or commitments based on them.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MORRIS VENTURES LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
We are not responsible for any losses, damages, costs, or expenses resulting from reliance on calculations, estimates, or any other information provided by the Service. This includes but is not limited to incorrect material quantities, cost estimates, trucking calculations, or any other output of the Service.
You agree to indemnify, defend, and hold harmless Morris Ventures LLC, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of a third party.
The Service and its original content, features, and functionality are owned by Morris Ventures LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.
You retain ownership of any data you input into the Service, including project details, calculations, and notes. By using the Service, you grant us a limited license to store, process, and display your data solely for the purpose of providing the Service to you. We will not sell or share your data with third parties except as described in our Privacy Policy.
Certain features of the Service may require a paid subscription. Subscription fees are billed in advance on a recurring basis. You may cancel your subscription at any time, but no refunds will be issued for partial billing periods. We reserve the right to change subscription pricing with thirty (30) days' notice.
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms shall be governed by and construed in accordance with the laws of the State in which Morris Ventures LLC is registered, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on this page with a revised "Last updated" date. Your continued use of the Service after any changes constitutes acceptance of the new Terms.
If you have any questions about these Terms of Service, please contact us at Morris Ventures LLC through the contact information provided within the Service.
© 2026 Morris Ventures LLC. All rights reserved.