Terms of Service

1. Acceptance

By executing a Statement of Work, clicking “I agree” or using the Swifto platform, you (“Customer”) agree to these Terms of Service (“Terms”). If you do not agree, do not use the Service.

2. Definitions

“Service” means the Swifto SaaS platform, connectors and related support. “Order Form” means any document that references these Terms and sets pricing or scope. “Data” means Customer’s information processed by the Service.

3. Service

3.1 Availability

Swifto will use commercially-reasonable efforts to make the production environment available 99.9 % of each calendar month, excluding scheduled maintenance (≤2 h / month) and Force Majeure.

3.2 Modifications

Features may evolve; material changes that reduce functionality will be announced 30 days in advance.

4. Fees & Payment

• Subscription fees are invoiced monthly in advance and due Net 14.
• Implementation fees are invoiced at signing and payable Net 30.
• Late payments accrue 1 % interest per month.

5. Customer Data

Customer retains all right, title and interest in Data. Swifto receives a non-exclusive licence to process Data solely to provide the Service. Swifto will maintain administrative, physical and technical safeguards as described in our Privacy Policy.

6. Intellectual Property

Swifto owns all intellectual property in the Service and related documentation. No ownership is transferred under these Terms.

7. Acceptable Use

• No reverse-engineering, de-compilation or scraping.
• No use to transmit malware or infringing material.
• No reselling or white-labelling without written consent.

8. Term & Termination

Either party may terminate for convenience with 30 days’ written notice. Swifto may suspend the Service for material breach after 10 days’ notice if breach remains uncured.

9. Warranty; Disclaimer

Swifto warrants the Service will operate substantially in accordance with documentation. EXCEPT AS STATED, THE SERVICE IS PROVIDED “AS IS” WITHOUT OTHER WARRANTIES, EXPRESS OR IMPLIED.

10. Limitation of Liability

Swifto’s aggregate liability arising out of these Terms will not exceed the amounts paid by Customer in the 12 months preceding the claim. Neither party is liable for indirect or consequential damages, including lost profits.

11. Governing Law

These Terms are governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of Sydney, NSW.

12. Changes to Terms

We may update these Terms from time to time. If changes are material we will email account owners 30 days prior. Continued use of the Service after the effective date constitutes acceptance.

13. Contact

Questions? Email legal@swiftohq.com.