Terms of Service

01Agreement

These Terms of Service (“Terms”) govern your use of swyfto.ai, our booking pages, our phone numbers and text messaging, and the services we provide (together, the “Services”), all operated by Swyfto (“Swyfto,” “we,” “us”).

By using the Services, you agree to these Terms and to our Privacy Policy. If you don’t agree, please don’t use the Services.

02Eligibility

You must be at least 18 years old and able to form a binding contract. If you use the Services on behalf of a business, you confirm that you have the authority to accept these Terms for that business.

03Our services

Swyfto provides AI call answering, missed-call text back, lead reactivation campaigns, review funnels, website design, website widgets, and advertising paired with an AI response agent, for local service businesses. We may change, add or remove features at any time.

04Demos and paid services

Booking a demo is free and creates no obligation. The price, scope, term and payment terms for paid services are set out in a separate proposal, order form or agreement (a “Service Agreement”). If a Service Agreement conflicts with these Terms, the Service Agreement controls.

05SMS Program Terms

These terms apply when you agree to receive text messages from Swyfto.

Program

Swyfto text messaging, sent from (214) 550-0785 and other numbers Swyfto uses.

What we send

Account and appointment messages: booking confirmations, reminders, rescheduling notices, and replies to calls and messages you send us, including automated replies from our AI agent.

Marketing messages: offers, updates and follow-ups about Swyfto’s services, sent only if you have separately opted in to marketing texts.

How you opt in

By checking a text-message consent box on our booking form, by texting us first, or by otherwise giving us your mobile number along with your express consent to receive texts. Each kind of message requires its own consent.

Frequency

Message frequency varies.

Cost

Message and data rates may apply. Check your mobile plan for details.

Opt out

Reply STOP to any message at any time. You can also reply END, CANCEL, UNSUBSCRIBE, QUIT or STOPALL. You will receive one final message confirming you have been unsubscribed, and no further messages unless you opt in again.

Help

Reply HELP for help, email info@swyfto.ai, or call (214) 550-0785.

Not required

Consent to receive text messages is not a condition of any purchase.

Carriers

Carriers are not liable for delayed or undelivered messages. Compatible with most major US wireless carriers.

Privacy

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging opt-in data and consent will not be shared with any third parties. See our Privacy Policy.

You confirm that you are the account holder for the mobile number you give us, or that you have the account holder’s permission to use it. Please tell us if you change or deactivate your number.

06Calls, AI and recording

Calls to a Swyfto number may be answered by an AI agent and may be recorded and transcribed. By continuing a call after being told that it may be recorded, you consent to the recording.

07If you’re a client

If you are a business using Swyfto to call, text or email your own customers, you agree to:

• Get and keep every consent the law requires before we contact your customers on your behalf, including under the Telephone Consumer Protection Act (TCPA), CAN-SPAM, and state telemarketing, texting and call-recording laws.
• Honor opt-out and do-not-call requests promptly.
• Give any notice the law requires for AI-answered or recorded calls.
• Give us accurate information, and only give us contact data you have the right to share.
• Follow wireless carrier rules and messaging industry guidelines, including A2P 10DLC registration requirements.

You are responsible for your content, your customer lists and the messages sent at your direction.

08Acceptable use

You agree not to use the Services to:

• Send spam or any unsolicited, deceptive or unlawful calls or messages.
• Send content that is harassing, hateful, fraudulent, obscene or illegal.
• Impersonate any person or business.
• Probe, breach, scrape, reverse engineer or disrupt the Services.
• Violate any law, carrier rule or the rights of others.

09Ownership

Swyfto owns the Services, including our website, software, AI agent configurations, designs and content, except content you provide. We give you a limited, revocable, non-transferable right to use the Services under these Terms.

You keep ownership of your content and data, and you give us permission to use it to provide the Services to you. If you send us feedback or suggestions, we may use them without any obligation to you.

10Third-party services

The Services rely on third parties, such as telephony and text messaging providers, wireless carriers, hosting, scheduling and AI providers. We are not responsible for their actions, outages or policies.

11Results and estimates

Figures on our website, including the missed-call calculator and industry statistics, are illustrations based on your inputs and on published research. They are not guarantees. Your actual results depend on your business, your market and many other factors, and we do not guarantee any specific number of calls, leads, bookings, jobs or amount of revenue.

12Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, SWYFTO DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT EVERY CALL OR MESSAGE WILL BE ANSWERED, DELIVERED OR HANDLED CORRECTLY.

13Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SWYFTO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS OR DATA, ARISING FROM OR RELATED TO THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM IS LIMITED TO THE AMOUNT YOU PAID SWYFTO IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR $100 IF YOU HAVE NOT PAID US ANYTHING.

14Indemnification

You agree to defend, indemnify and hold harmless Swyfto from any claims, losses and expenses, including reasonable attorneys’ fees, arising from your use of the Services, your content, or your violation of these Terms or of any law, including claims about calls, texts or emails sent to your customers at your direction.

15Termination

We may suspend or end your access to the Services if you violate these Terms, or where needed to comply with the law or carrier requirements. You may stop using the Services at any time. Paid services end as set out in your Service Agreement. Sections that by their nature should survive termination will survive.

16Governing law

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-law rules. Any dispute will be resolved in the state or federal courts located in Dallas County, Texas, and you and Swyfto consent to the jurisdiction of those courts. Before filing a claim, please contact us so we can try to resolve it informally within 30 days.

17General

These Terms, together with our Privacy Policy and any Service Agreement, are the entire agreement between you and Swyfto about the Services. If any part of these Terms is found unenforceable, the rest stays in effect. Our failure to enforce a provision is not a waiver of it. You may not transfer these Terms without our consent; we may transfer them as part of a merger, acquisition or sale of assets. We are not responsible for delays or failures caused by events beyond our reasonable control, including carrier or network outages. We may update these Terms; we will post the new version here with a new effective date, and your continued use of the Services means you accept the changes.

18Contact us