TERMS OF USE
Last modified: February 25, 2026
1. AGREEMENT TO TERMS
These Terms of Use (“Terms”) constitute a legally binding agreement between you (“User,” “Client,” “you,” or “your”) and Swyfto (“Swyfto,” “Company,” “we,” “us,” or “our”) governing your access to and use of www.swyfto.ai (the “Site”), related services, communications, referral program, and any interactions with Swyfto.
By accessing the Site, submitting information, communicating with Swyfto, participating in the referral program, or using any services, you agree to be bound by these Terms.
If you are a Paying Client operating under a signed Client Services Agreement, that agreement shall supersede and control over these Terms in the event of any conflict.
If you do not agree, you must discontinue use immediately.
2. ELIGIBILITY
You must be at least 18 years old and have the authority to enter into binding agreements to use this Site or services.
3. USE OF SERVICES
Swyfto provides AI automation, lead reactivation, appointment-setting systems, marketing automation tools, and related services.
Use of services may require entering into a separate Client Services Agreement. All paying client relationships are governed primarily by that agreement.
For Clients operating under a commission-based structure, commission is calculated based on appointments successfully booked through Swyfto systems, regardless of attendance, cancellation, or customer follow-through, as further defined in the applicable Client Services Agreement.
We reserve the right to refuse or terminate service at our discretion, including in cases of abuse, fraud, non-payment, reputational harm, or violation of these Terms.
4. PERFORMANCE PERIOD DISCLOSURE
Certain services may include a thirty (30) day performance period beginning on the date services are activated following onboarding.
Clients may opt out during this period prior to the thirtieth (30th) day. If services are not canceled before the thirtieth (30th) day, billing will automatically occur and the Client will transition into paid status subject to the applicable minimum service term as defined in the Client Services Agreement. By providing payment information, you authorize Swyfto to charge the designated payment method in accordance with the applicable Client Services Agreement.
Specific payment obligations and minimum terms are governed by the Client Services Agreement.
Failure to cancel prior to the thirtieth (30th) day constitutes authorization to charge the applicable payment method on file.
Specific onboarding requirements, cancellation procedures, billing timing, commission calculations, and minimum term obligations are governed exclusively by the applicable Client Services Agreement. In the event of any conflict, the Client Services Agreement shall control.
5. SMS MESSAGING AND COMMUNICATIONS
By submitting contact information or communicating with Swyfto, you consent to receive SMS, MMS, phone calls, and email communications related to services, updates, confirmations, follow-ups, or marketing.
Standard message and data rates may apply. Consent is not a condition of purchase.
You may opt out of SMS at any time by replying STOP. Opting out of SMS communications may limit Swyfto’s ability to deliver certain services or system functionality.
Clients represent and warrant that all contact data provided to Swyfto complies with applicable laws, including the Telephone Consumer Protection Act (TCPA). Swyfto is not responsible for unlawful contact lists provided by Clients.
6. REFERRAL PROGRAM
Swyfto may offer a referral program allowing eligible participants to receive billing credits for introducing new paying Clients.
A “Paying Client” is defined as a referred Client who completes the performance period and successfully pays their first invoice.
Referral Benefits:
• Referrer receives a 10% billing credit for each Paying Client referred
• Credits may stack up to a maximum of 30% applied to a single billing cycle
• Excess earned credits beyond 30% roll forward to future billing cycles
• The referred Client receives 20% off their first two (2) months of paid services
Referral credits apply only after the referred Client becomes a Paying Client. Credits have no cash value and may not be transferred.
Swyfto reserves the right to modify or terminate the referral program at any time.
Swyfto reserves the right to withhold, deny, or reverse referral credits in cases of suspected fraud, self-referrals, related-entity referrals, abuse, or manipulation of the program.
7. INTELLECTUAL PROPERTY
All content, software, branding, strategies, automation systems, and materials are the property of Swyfto and protected by intellectual property laws.
You may not copy, reverse engineer, reproduce, distribute, or exploit any part of the Site or services without written permission.
8. CLIENT DATA
You retain ownership of your data. By using services, you grant Swyfto a limited license to use your data solely to deliver services.
Aggregated, anonymized insights, performance data, and system improvements derived from usage may be used by Swyfto for internal improvement and marketing purposes.
Data collection, storage, and processing practices are governed by Swyfto’s Privacy Policy, which is incorporated herein by reference.
9. PROHIBITED ACTIVITIES
You may not:
• Use the Site for unlawful purposes
• Interfere with system security
• Submit false or misleading information
• Use automated scraping or extraction tools
• Attempt to compete using Swyfto proprietary systems
Violation may result in termination.
10. WARRANTIES DISCLAIMER
The Site and services are provided strictly on an “as is” and “as available” basis.
Swyfto disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
Swyfto does not guarantee specific business results, revenue, lead volume, or appointment outcomes. Past performance, testimonials, case studies, or marketing examples are not guarantees of future results.
11. LIMITATION OF LIABILITY
To the maximum extent permitted by law, Swyfto shall not be liable for indirect, incidental, consequential, special, punitive, or exemplary damages, including lost profits, lost revenue, business interruption, or loss of goodwill.
Swyfto’s total liability for any claim shall not exceed the total amount paid to Swyfto by you in the three (3) months preceding the claim. This limitation applies regardless of the legal theory asserted, whether in contract, tort, negligence, strict liability, or otherwise.
Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.
12. INDEMNIFICATION
You agree to indemnify and hold harmless Swyfto from any claims, damages, losses, liabilities, or expenses arising from:
• Your misuse of the Site
• Violation of these Terms
• Violation of applicable laws
• Improper contact data or communications
13. TERMINATION
We reserve the right to suspend or terminate access for violation of these Terms or applicable laws.
Termination does not relieve you of any accrued payment obligations.
You agree not to initiate chargebacks or payment disputes for valid charges incurred under these Terms or any applicable Client Services Agreement. Improper chargebacks may result in immediate suspension of services and recovery of associated administrative and collection costs.
14. FORCE MAJEURE
Swyfto shall not be liable for delays or failures caused by events beyond reasonable control, including natural disasters, internet outages, governmental actions, or other force majeure events.
15. GOVERNING LAW
These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.
16. DISPUTE RESOLUTION AND ARBITRATION
Any dispute arising from these Terms shall first be subject to good faith negotiations for thirty (30) days.
If unresolved, disputes shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.
Arbitration shall occur in Texas.
The parties expressly waive the right to a trial by jury and agree that arbitration shall be the sole and exclusive method of resolving disputes arising from these Terms. All claims must be brought on an individual basis only and not as part of any class, collective, or representative action. This arbitration provision shall survive termination of these Terms.
You waive the right to:
• Jury trial
• Class actions
• Collective proceedings
All claims must be brought individually.
17. MODIFICATIONS
We may update these Terms at any time. Continued use after updates constitutes acceptance.
18. SEVERABILITY
If any provision is found unenforceable, the remaining provisions remain in effect.
19. NO AGENCY OR PARTNERSHIP
Nothing in these Terms creates any partnership, joint venture, employment, franchise, or agency relationship between you and Swyfto. You do not have authority to bind or represent Swyfto in any manner.
20. ASSIGNMENT
You may not assign, transfer, delegate, or sublicense any rights or obligations under these Terms without the prior written consent of Swyfto. Any attempted assignment without consent shall be null and void. Swyfto may assign or transfer these Terms without restriction.
21. NO WAIVER
Failure by Swyfto to enforce any provision of these Terms shall not constitute a waiver of that provision or of any other provision. Any waiver must be in writing and signed by an authorized representative of Swyfto.
22. ENTIRE AGREEMENT
These Terms, together with the Privacy Policy and any applicable Client Services Agreement, constitute the entire agreement between you and Swyfto with respect to the Site and services described herein.
23. CONTACT INFORMATION
If you have any questions regarding these Terms and Conditions, please contact us at:
Swyfto
City: Dallas, Texas
Phone: +1 (972) 362-1707
Email: [email protected]
Website: www.swyfto.ai