Terms of service

MOJOBUILDER – TERMS OF SERVICE

Last Updated: 21 November 2025

OVERVIEW

Welcome to Mojobuilder!
The terms “we”, “us”, and “our” refer to Swerks B.V., operating under the brand name Mojobuilder (“Mojobuilder”). Swerks B.V. operates this website and online store, including all related information, content, features, tools, products, and services (the “Services”). Mojobuilder is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service (“Terms”) describe your rights and responsibilities when using the Services. They include important information about warranties, limitations of liability, and acceptable use.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree, please do not use the Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that:

  • You are at least the age of majority in your jurisdiction; or
  • You are the parent/guardian providing consent for minors using devices you own or manage.

To use the Services or purchase products, you may be required to provide accurate billing, shipping, payment, and contact information. You agree that all information provided will be correct and complete, and that you have the right to provide such information.

You are responsible for maintaining the security of your account credentials and all activity under your account. You may not transfer, assign, or sell your account to any other person.

SECTION 2 – OUR PRODUCTS + DIGITAL CONTENT

Mojobuilder, as a brand of Swerks B.V., provides both physical and digital products, including:

  • The Mojobuilder 5×5 Framework
  • Playbooks and guides
  • Templates (Notion, PDF, AI tools)
  • Digital downloads
  • Case studies and strategic resources
  • AI-assisted tools
  • Educational or instructional materials

We make every effort to display products accurately, though colors, formatting, or appearance may vary by device. Digital products may evolve or update over time.

We do not guarantee that downloaded tools will meet your expectations or produce any specific business results.

We may change product descriptions or discontinue products at any time without notice.

SECTION 3 – ORDERS

Placing an order constitutes an offer to purchase.
Swerks B.V. reserves the right to accept or decline your order at our discretion. Your order is accepted only when we confirm it and receive full payment.

We may be unable to cancel or modify orders after acceptance. If we decline or modify your order, we will attempt to notify you using the contact information provided.

Purchases are subject to our Refund Policy [LINK].

You represent that purchases are for personal or business use—not commercial resale—unless expressly agreed.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions may change at any time without notice.

The price applicable to your order is the one shown at checkout and confirmed in your email receipt. Prices generally exclude taxes, fees, duties, and shipping unless otherwise stated.

You agree to provide accurate payment and billing details and authorize us to charge your payment method for all purchases.

SECTION 5 – SHIPPING AND DELIVERY

(For physical products, if applicable.)

Delivery timelines are estimates only.
Swerks B.V. is not responsible for delays caused by carriers, customs, or events outside our control. Risk of loss transfers to you once products are handed to the carrier.

SECTION 6 – INTELLECTUAL PROPERTY

All Mojobuilder content—including the Mojobuilder 5×5 Framework, Pillars, Plays, diagrams, templates, tools, guides, text, images, and associated branding—is the intellectual property of Swerks B.V.

You are granted a personal, non-transferable, non-exclusive license to use purchased materials for your own internal business or educational purposes.

You may not:

  • Reproduce, republish, or resell Mojobuilder materials
  • Claim the Mojobuilder framework as your own
  • Redistribute tools or templates publicly
  • Create competing products based on Mojobuilder IP
  • Use Mojobuilder content in courses, consulting, or training without permission

Shopify trademarks and third-party trademarks remain the property of their owners.

All rights not expressly granted are reserved by Swerks B.V.

SECTION 7 – OPTIONAL TOOLS

We may offer optional third-party tools or integrations (e.g., Notion, AI platforms, analytics tools). Use of these tools is entirely at your own risk.

We provide such tools “as-is” and without warranties. You should review the relevant third-party terms before use.

New tools or features added in the future will also be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may include links or embedded content from third parties. Swerks B.V. is not responsible for evaluating or guaranteeing the accuracy or reliability of third-party materials.

Your interactions with third-party websites and services are at your own risk. Please review their applicable policies before engaging.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

(Required; preserved as-is.)

Mojobuilder is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Swerks B.V. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Swerks B.V. You hereby expressly release Shopify from all claims related to purchases and transactions.

SECTION 10 – PRIVACY POLICY

Personal data is governed by:

  • Mojobuilder's Privacy Policy [LINK]
  • Shopify’s Privacy Policy

Because Shopify hosts our store, Shopify receives and processes certain personal information to power and improve the Services.

SECTION 11 – FEEDBACK

If you submit ideas, suggestions, reviews, or any form of feedback (“Feedback”), you grant Swerks B.V. a perpetual, worldwide, royalty-free, sublicensable license to use, publish, modify, or distribute the Feedback for any purpose.

You warrant that you own all rights to the Feedback submitted and that it does not violate third-party rights.

We may remove Feedback that violates these Terms.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Information on the Services may contain errors or omissions.
We may correct or update content at any time without notice, including after an order is placed.

SECTION 13 – PROHIBITED USES

You may not use the Services for any illegal or harmful activities.
This includes (but is not limited to):

  • Violating laws or infringing IP rights
  • Uploading malware or malicious code
  • Harvesting data or scraping the website
  • Harassing or abusing others
  • Impersonation or fraud
  • Interfering with system security
  • Reproducing or reselling the Services without permission

We reserve the right to suspend or terminate access for violations.

SECTION 14 – TERMINATION

We may terminate or suspend your access to the Services at any time without notice. You remain responsible for all charges incurred prior to the date of termination.

Terms relating to IP, warranties, limitation of liability, indemnification, governing law, and other provisions that logically survive termination will continue to apply.

SECTION 15 – DISCLAIMER OF WARRANTIES

The Services and all Mojobuilder products, tools, templates, and content are provided “as-is” and “as available” without warranties.

This includes disclaimers related to:

  • Merchantability
  • Fitness for a particular purpose
  • Accuracy or completeness
  • Expected business results
  • Error-free or uninterrupted service

You use the Services at your own risk.

SECTION 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by law:

Swerks B.V., Mojobuilder, Shopify, and all related personnel are not liable for:

  • Lost profits or revenue
  • Data loss
  • Business interruption
  • Indirect or consequential damages
  • Errors in content or templates
  • Outcomes resulting from using Mojobuilder frameworks, tools, or AI-assisted features

Our total liability will not exceed the amount paid to Swerks B.V. in the last 12 months.

SECTION 17 – INDEMNIFICATION

You agree to indemnify and hold harmless Swerks B.V., Shopify, and their affiliates from claims arising out of:

  • Your breach of these Terms
  • Your use of the Services
  • Your violation of laws or third-party rights

We may control defense of such claims, and you agree to cooperate as required.

SECTION 18 – SEVERABILITY

If any provision is deemed unenforceable, the remainder of the Terms will remain valid.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Failure to enforce a right is not a waiver.
These Terms constitute the entire agreement between you and Swerks B.V. regarding the Services.

SECTION 20 – ASSIGNMENT

You may not assign your rights without our written consent.
We may assign our rights at any time without notice.

SECTION 21 – GOVERNING LAW

These Terms are governed by the laws of the Netherlands, where Swerks B.V. is headquartered.
You consent to jurisdiction in Dutch courts.

SECTION 22 – HEADINGS

Headings are for convenience only and do not affect meaning.

SECTION 23 – CHANGES TO TERMS

We may update or revise these Terms at any time. It is your responsibility to check for updates. Material changes will be communicated when required by law.

Continued use after updates constitutes acceptance.

SECTION 24 – CONTACT INFORMATION

Mojobuilder (by Swerks B.V.)
Email: info@mojbuilder.com
Business Name: Swerks B.V.
KvK (Chamber of Commerce) Registration Number: 52126943
VAT Number: NL850310490B01