Terms of Service

1. Acceptance of Terms

By accessing or using SwiftLeadz ("the Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Platform. These Terms constitute a legally binding agreement between you ("User," "Customer," or "you") and SwiftLeadz, Inc. ("SwiftLeadz," "we," or "us").

2. Description of Service

SwiftLeadz is a speed-to-lead communication software platform that enables businesses to receive, route, and respond to inbound leads via SMS, voice, and other communication channels. SwiftLeadz provides the technical infrastructure; you are responsible for all content, communications, and contacts.

SwiftLeadz does not originate, initiate, or control any messages sent through the Platform. You are the sender of all messages.

3. Account Registration

You must provide accurate, complete, and current information when creating an account. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. You must promptly notify SwiftLeadz of any unauthorized access.

You represent that you are at least 18 years old, have the legal authority to bind your organization to these Terms, and that your use of the Platform will comply with all applicable laws and regulations.

4. Acceptable Use

You agree to use the Platform only for lawful purposes and in accordance with our Acceptable Use Policy (incorporated herein by reference). You agree not to:

• Send messages to individuals who have not provided legally required consent
• Send spam, unsolicited commercial messages, or harassing communications
• Violate TCPA, CAN-SPAM, CASL, or any applicable federal, state, or local law
• Use the Platform to transmit illegal, harmful, or offensive content
• Attempt to circumvent any suppression list or opt-out mechanism
• Misrepresent your identity or impersonate another entity
• Interfere with or disrupt the Platform or its infrastructure

5. Compliance Obligations

You are solely responsible for ensuring that all use of the Platform complies with applicable laws, including without limitation the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, Canada's Anti-Spam Legislation (CASL), and all applicable state laws governing electronic communications, telemarketing, and data privacy.

You represent and warrant that you have obtained all legally required consents and authorizations before contacting any individual through the Platform. SwiftLeadz does not verify consent and assumes the account holder has obtained proper authorization.

6. Fees and Payment

Subscription fees are billed in advance on a monthly or annual basis. All fees are non-refundable except as required by law. SwiftLeadz reserves the right to modify pricing with 30 days' notice. Failure to pay may result in suspension or termination of your account.

Usage-based charges (such as SMS message fees) are billed in arrears based on actual usage and carrier rates. You are responsible for all charges incurred under your account.

7. Intellectual Property

The Platform, including all software, designs, trademarks, and content created by SwiftLeadz, is owned by SwiftLeadz and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Platform for your internal business purposes.

You retain ownership of your data. By using the Platform, you grant SwiftLeadz a limited license to process your data as necessary to provide the Service.

8. Data and Privacy

Your use of the Platform is subject to our Privacy Policy and, if applicable, our Data Processing Addendum (DPA). You are responsible for obtaining all necessary consents from individuals whose data you submit to the Platform.

9. Indemnification

You agree to defend, indemnify, and hold harmless SwiftLeadz, its officers, directors, employees, agents, and successors from and against any claims, liabilities, damages, penalties, fines, legal fees, and costs arising from or related to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any applicable law, including the TCPA, CAN-SPAM, or any state law; (d) your communications sent through the Platform; (e) any claim by a third party related to consent or the absence thereof; or (f) your negligence or willful misconduct.

This indemnification obligation survives termination of these Terms and your use of the Platform.

10. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SWIFTLEADZ DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWIFTLEADZ SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF THE PLATFORM. SWIFTLEADZ'S TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID TO SWIFTLEADZ IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Termination

Either party may terminate these Terms at any time. SwiftLeadz may suspend or terminate your account immediately for violation of these Terms, applicable law, or carrier requirements. Upon termination, your right to use the Platform ceases immediately.

13. Governing Law

These Terms shall be governed by the laws of the State of Delaware, without regard to conflict of law provisions. Any dispute shall be resolved exclusively in the state or federal courts located in Delaware.

14. Changes to Terms

SwiftLeadz may update these Terms from time to time. We will notify you of material changes by email or in-app notice. Continued use of the Platform after changes take effect constitutes acceptance of the revised Terms.

15. Contact

Questions about these Terms? Contact us at: legal@swiftleadz.com