Terms and Conditions
1. AGREEMENT TO TERMS
Last modified: October 15, 2025
These Terms and Conditions, together with any Service Agreement, constitute a legally binding agreement made between you ("Client") and Swyfto ("Swyfto," "we," "us," or "our") concerning your access to and use of the website located at www.swyfto.ai ("Site"). By accessing the Site, you acknowledge that you have read, understood, and agreed to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, you must discontinue use immediately.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will post the updated Terms and Conditions on the Site, and your continued use of the Site after such posting constitutes your acceptance of the changes.
2. SMS Messaging and Consent
By using Swyfto's services, the Client acknowledges that SMS text messages may be sent on their behalf to leads, prospects, or contacts as part of service delivery, lead reactivation, or appointment-setting processes. The Client represents and warrants that all contacts provided to Swyfto have given prior express consent to be contacted via SMS in accordance with applicable laws, including the Telephone Consumer Protection Act (TCPA) and any other relevant regulations.
Swyfto will not be responsible for the content or legality of the contact lists provided by the Client. The Client assumes full responsibility for ensuring their contacts have opted in to receive such communications, and agrees to indemnify and hold harmless Swyfto from any claims, fines, or legal actions resulting from non-compliant contact lists or message content.
3. CLIENT ACCESS AND CLIENT DATA
Swyfto grants you a non-exclusive, non-transferable right to access and use the Site during the term, solely for your authorized internal business use and in accordance with these Terms and Conditions. Access is limited to authorized users. We will provide the necessary access credentials to enable you to access the Site.
You retain ownership of all rights, title, and interest in any data you upload to the Site. However, you grant Swyfto a non-exclusive, royalty-free, worldwide license to reproduce, distribute, use, and display your data solely to the extent necessary to provide services. Any models, strategies, insights, or improvements generated by Swyfto’s AI from your data remain the property of Swyfto.
4. SWYFTO'S INTELLECTUAL PROPERTY RIGHTS
All content, functionality, trademarks, logos, and other intellectual property on the Site are owned by Swyfto and are protected by copyright and other intellectual property laws. You are prohibited from copying, modifying, distributing, reverse engineering, or otherwise exploiting any part of the Site or Services beyond the scope of access granted.
5. CLIENT REPRESENTATIONS
By using the Site, you represent and warrant that all registration information submitted will be true, accurate, current, and complete, that you will maintain the accuracy of such information, comply with these Terms and Conditions, not access the Site through non-human means such as bots or scripts, not use the Site for any illegal or unauthorized purpose, and not violate any applicable law or regulation. You also represent that you have obtained all necessary consents required by law to allow Swyfto to contact your prospects on your behalf.
If any information provided is false or inaccurate, we reserve the right to suspend or terminate your account.
6. CLIENT REGISTRATION
You must register with the Site to access services. You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. We reserve the right to remove, reclaim, or change a username if we determine it to be inappropriate.
7. CONFIDENTIALITY
Both parties may disclose confidential information to one another. The Receiving Party agrees to protect such information with commercially reasonable care and not disclose it except as necessary under these Terms. Confidentiality obligations survive for three years after disclosure. Certain exclusions apply, such as information that is publicly available or required to be disclosed by law.
8. CANCELLATION
If services are terminated, you agree to pay for all appointments or services scheduled through the date of termination.
9. PROHIBITED ACTIVITIES
You agree not to misuse the Site in any way, including harassing others, uploading harmful software, bypassing security measures, impersonating others, interfering with operations, or engaging in automated data collection methods without authorization. You may not use the Site to compete with Swyfto or infringe on our intellectual property.
10. WARRANTIES AND WARRANTY DISCLAIMER
Swyfto warrants that services will comply with applicable laws and will not contain malicious code. Otherwise, the Site and services are provided "as is" without additional warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
11. SUBMISSIONS
Any feedback, suggestions, or ideas you submit to Swyfto become our sole property. We may use your Submissions for any lawful purpose without acknowledgment or compensation to you.
12. SMS Messaging and TCPA Compliance
By using Swyfto’s services, the Client acknowledges and agrees that SMS text messages may be sent on their behalf to leads, prospects, or contacts as part of service delivery, lead reactivation, appointment reminders, or related business communications. The Client represents and warrants that all contacts provided to Swyfto have given prior express consent to receive such communications in accordance with the Telephone Consumer Protection Act (TCPA) and all other applicable laws or regulations.
In addition, by calling or texting any Swyfto phone number, you consent to receive automated SMS or MMS messages from Swyfto at the number used to contact us. These messages may include service updates, confirmations, follow-up information, or marketing communications. Standard message and data rates may apply. Consent is not required to make a purchase, and you may opt out at any time by replying STOP.
Swyfto will not be responsible for the legality, accuracy, or compliance status of any contact list or phone number provided by the Client. The Client assumes full responsibility for ensuring that all contacts have properly opted in to receive SMS communications and agrees to indemnify and hold harmless Swyfto from any claims, damages, fines, or liabilities resulting from non-compliant data, unsolicited messages, or violations of telecommunications laws.
13. PRIVACY POLICY
Please review our Privacy Policy at www.swyfto.ai/privacy-policy . By using the Site, you agree to our data practices as outlined in the Privacy Policy, including the transfer of your data to the United States if you access the Site from outside the U.S.
14. TERMINATION BY SWYFTO
We may, in our sole discretion and without notice, terminate your access to the Site if you breach these Terms or violate applicable laws. You are prohibited from creating a new account under any other identity if your account is terminated.
15. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to modify, suspend, or discontinue the Site at any time for any reason without notice. We are not liable for any downtime or service interruptions.
16. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles.
17. DISPUTE RESOLUTION
In the event of a dispute, the parties agree to first attempt informal negotiations for 30 days. If unresolved, any disputes shall be resolved through binding arbitration administered by the American Arbitration Association, with arbitration to take place in Dallas County, Texas. Certain disputes related to intellectual property and injunctive relief are excluded from arbitration.
18. CORRECTIONS
There may be typographical errors or inaccuracies on the Site, which we reserve the right to correct at any time without prior notice.
19. LIMITATIONS OF LIABILITY
Swyfto shall not be liable for indirect, incidental, consequential, special, or punitive damages arising out of your use of the Site. Our total liability, if any, will not exceed the amount paid by you to Swyfto in the six months preceding any cause of action.
20. INDEMNIFICATION
You agree to indemnify and hold harmless Swyfto from any claims, losses, damages, or expenses (including reasonable attorney fees) arising from your use of the Site, violation of these Terms, or infringement of any third-party rights.
21. DATA SECURITY/RESTRICTIONS ON USE
Swyfto implements reasonable security measures to protect your data and uses it only to deliver services, unless required by law. We comply with applicable data protection regulations.
22. DATA BACKUPS
We perform routine backups of Site data but do not guarantee that no data loss will occur. You are responsible for maintaining your own backups of your data.
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
By using the Site, you consent to receiving electronic communications and agree that any agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirements for written communication.
24. FORCE MAJEURE
Neither party shall be held liable for delays or failures in performance due to events beyond their reasonable control, including natural disasters, internet outages, government actions, or other force majeure events.
25. REFERRAL PROGRAM
Swyfto offers a performance-based referral program designed to reward individuals or partners who introduce new paying Clients to Swyfto. Participants earn ten percent (10%) of Swyfto’s net collected revenue from each referred Client for the first three (3) months following that Client’s transition to paid status.
“Net collected revenue” means the total fees received by Swyfto from the referred Client, excluding any pass-through costs such as advertising budgets, third-party software fees, or refunded payments. Referral commissions are calculated monthly and paid within seven (7) days of receipt of each Client payment.
Eligibility requires the referred Client to remain active and in good standing. Swyfto reserves the right to modify, suspend, or terminate the referral program at any time without prior notice.
26. MISCELLANEOUS
These Terms and Conditions, along with any Service Agreements or posted policies, constitute the entire agreement between you and Swyfto. If any provision is deemed unlawful or unenforceable, the remaining provisions shall remain in effect. No joint venture, partnership, employment, or agency relationship exists between you and Swyfto as a result of these Terms.
27. 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