Terms & Conditions

1. Acceptance of Terms

These Terms & Conditions (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Logios Marketing Technologies, LLC, doing business as Swiftly (“Swiftly,” “Company,” “we,” “us,” or “our”). By accessing, using, or subscribing to the Swiftly platform and services (collectively, the “Service”), you agree to be bound by these Terms in full.

If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case “you” and “your” will refer to that entity.

If you do not agree to these Terms, do not access or use the Service.

2. Eligibility

You must be at least 18 years old and have the legal authority to enter into contracts. By using the Service, you represent and warrant that you meet these requirements.

The Service is designed for business use. Swiftly reserves the right to refuse service to any user or entity that operates in industries including but not limited to: illegal gambling, adult content, firearms or weapons sales, illegal substances, multi-level marketing (MLM) schemes, or any activity that violates applicable law.

3. Services Provided

3.1 Platform Description

Swiftly is an AI-powered marketing automation platform that uses specialized AI agents to assist users with marketing research, strategic planning, content creation, and campaign production. The Service includes, but is not limited to: AI-driven content generation and copywriting, Campaign strategy and planning tools, Market research and competitive analysis, Multi-channel content production, Workflow automation and project management.

3.2 AI-Powered Features

The Service utilizes third-party artificial intelligence providers, including but not limited to OpenAI, to power its marketing agents. The quality, accuracy, and appropriateness of AI-generated outputs may vary and are subject to the limitations described in Section 4.

3.3 Service Availability

We strive to maintain the availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to scheduled maintenance, updates, or circumstances beyond our control. We will make reasonable efforts to notify users in advance of planned downtime.

4. AI-Generated Outputs

4.1 Nature of AI Outputs

Content generated by Swiftly's AI agents (“AI Outputs”) is produced by machine learning models and is intended to assist, not replace, human marketing judgment. AI Outputs should be treated as draft materials requiring human review, editing, and approval before any publication or distribution.

4.2 Human Review Requirement

You acknowledge and agree that all AI Outputs must be reviewed by a qualified human before publication, distribution, or use in any marketing campaign. You are solely responsible for ensuring that all content used in your marketing activities is accurate, appropriate, legally compliant, and aligned with your brand standards.

4.3 No Guarantee of Accuracy

Swiftly does not warrant that AI Outputs will be accurate, complete, error-free, original, non-infringing, or suitable for any particular purpose. AI-generated content may contain factual errors or inaccuracies, outdated or incorrect information, unintended bias or inappropriate content, content that may infringe on third-party intellectual property rights, and content that may not comply with applicable laws or regulations.

4.4 User Assumption of Risk

By using AI Outputs, you assume all risks associated with their use, including but not limited to: legal liability for published content, regulatory compliance issues, intellectual property disputes, reputational harm, and financial losses resulting from reliance on AI-generated content.

4.5 Limitation of Liability for AI Outputs

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWIFTLY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OF AI OUTPUTS, INCLUDING BUT NOT LIMITED TO CLAIMS OF DEFAMATION, INTELLECTUAL PROPERTY INFRINGEMENT, REGULATORY VIOLATIONS, OR ANY OTHER HARM RESULTING FROM THE PUBLICATION OR DISTRIBUTION OF AI-GENERATED CONTENT.

5. Account & Access

5.1 Account Creation

Access to the Service requires an account. Accounts are created by invitation only and are not available through self-service registration. You must provide accurate, current, and complete information during the account setup process and keep your account information updated.

5.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to: use strong, unique passwords; not share account credentials with unauthorized individuals; notify Swiftly immediately of any unauthorized access or security breach; and log out of your account after each session, especially on shared devices.

5.3 Account Suspension & Termination

Swiftly reserves the right to suspend or terminate your account at any time, with or without notice, for violations of these Terms, suspicious or fraudulent activity, non-payment, or any reason at Swiftly's sole discretion.

6. Payment & Billing

6.1 Subscription Plans

The Service is offered through tiered subscription plans (Starter, Pro, Agency). Plan details, features, and pricing are described on our pricing page and may be updated from time to time.

6.2 Payment Processing

All payments are processed through Stripe, a third-party payment processor. By subscribing, you agree to Stripe's terms of service and privacy policy. Swiftly does not store your full credit card information.

6.3 Billing Cycle

Subscriptions are billed on a monthly or annual basis, depending on your selected plan. Your subscription will automatically renew at the end of each billing cycle unless you cancel before the renewal date.

6.4 Taxes

All fees are exclusive of applicable taxes unless otherwise stated. You are responsible for any applicable sales, use, VAT, or other taxes associated with your subscription.

6.5 Refund Policy

Swiftly offers a 48-hour window from the date of initial subscription purchase to request a full refund. After this period, all payments are non-refundable. No prorated refunds are provided for cancellations made mid-billing cycle.

6.6 Failed Payments

If a payment fails, we will attempt to process it again and notify you. If payment is not resolved within 7 days, your account may be suspended or downgraded until payment is received.

7. Intellectual Property

7.1 Swiftly's Intellectual Property

The Service, including its software, design, branding, AI agent architecture, workflows, and documentation, is the intellectual property of Swiftly and is protected by applicable copyright, trademark, and other intellectual property laws.

7.2 User Content

You retain ownership of all content, materials, and data you provide to the Service (“User Content”). By uploading User Content, you grant Swiftly a non-exclusive, worldwide, royalty-free license to use, process, and store your content solely for the purpose of providing the Service.

7.3 AI-Generated Output Ownership

AI Outputs generated through the Service are jointly owned. You receive a non-exclusive, perpetual license to use AI Outputs for your business purposes. Swiftly retains the right to use anonymized, aggregated insights derived from AI Outputs to improve the Service.

7.4 Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by Swiftly without restriction or compensation. This license is perpetual, irrevocable, and worldwide.

8. Acceptable Use

You agree not to use the Service to:

• Generate spam or unsolicited communications
• Create defamatory, misleading, or fraudulent content
• Produce content that infringes on third-party intellectual property rights
• Generate hate speech, discriminatory, or harassing content
• Violate any applicable law, regulation, or industry standard
• Reverse engineer, decompile, or attempt to access the source code of the Service
• Interfere with or disrupt the Service or its infrastructure
• Use the Service for any purpose not intended by Swiftly
• Share account access with unauthorized users
• Scrape, crawl, or automate interactions with the Service without authorization
• Attempt to bypass usage limits, security measures, or access controls
• Use AI Outputs without required human review
• Misrepresent AI-generated content as solely human-created when disclosure is required by law

9. Privacy & Data

9.1 Data Collection & Use

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

9.2 Third-Party Data Sharing

In providing the Service, your data may be processed by third-party service providers including but not limited to: OpenAI (AI processing), Stripe (payment processing), Supabase (database and authentication), Vercel (hosting and deployment), and other service providers as described in our Privacy Policy.

9.3 Data Security

We implement commercially reasonable security measures to protect your data. However, no system is completely secure, and we cannot guarantee the absolute security of your information.

9.4 Data Retention

We retain your data for as long as necessary to provide the Service and fulfill the purposes described in our Privacy Policy. Upon account termination, your data will be deleted or anonymized in accordance with our data retention schedule.

9.5 No Sale of Data

Swiftly does not sell your personal information or User Content to third parties.

10. Third-Party Services

10.1 Integrations

The Service may integrate with or provide links to third-party services. Your use of third-party services is governed by their respective terms and privacy policies.

10.2 AI Provider Terms

Your use of AI-powered features is also subject to the terms and policies of our AI providers, including OpenAI's usage policies.

10.3 No Endorsement

Swiftly's integration with or reference to third-party services does not constitute an endorsement of those services.

10.4 Third-Party Liability

Swiftly is not responsible for the performance, availability, or practices of any third-party service.

11. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SWIFTLY DOES NOT WARRANT THAT: THE SERVICE WILL MEET YOUR REQUIREMENTS; THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; AI OUTPUTS WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR YOUR PURPOSES; OR ANY DEFECTS IN THE SERVICE WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SWIFTLY OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SWIFTLY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO SWIFTLY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

IN NO EVENT SHALL SWIFTLY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF SWIFTLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Indemnification

You agree to indemnify, defend, and hold harmless Swiftly and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: your use of the Service; your violation of these Terms; your use or publication of AI Outputs; your User Content; or any violation of applicable law or third-party rights.

14. Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict of laws principles.

14.2 Binding Arbitration

Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Marion County, Indiana.

14.3 Class Action Waiver

YOU AND SWIFTLY AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

14.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

14.5 Costs & Fees

Each party shall bear its own costs and attorney's fees in any arbitration. However, if the arbitrator finds that a claim was frivolous or brought in bad faith, the prevailing party may recover reasonable attorneys' fees.

15. Termination

15.1 Termination by You

You may terminate your account at any time by contacting us at hello@myswiftlyapp.com. Termination does not entitle you to a refund of any previously paid fees.

15.2 Termination by Swiftly

Swiftly may terminate or suspend your access to the Service at any time, with or without cause, with or without notice.

15.3 Effect of Termination

Upon termination: your right to access and use the Service will immediately cease; any outstanding fees will become immediately due; Swiftly will delete or anonymize your data in accordance with our data retention policy; and sections of these Terms that by their nature should survive termination will survive, including but not limited to Sections 4, 7, 11, 12, 13, and 14.

16. Modifications to Terms

Swiftly reserves the right to modify these Terms at any time. When we make material changes, we will update the “Effective Date” at the top of these Terms, notify you via email or through a notice on the Service, and provide a reasonable period for you to review the changes before they take effect.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree with the changes, you must discontinue use of the Service and terminate your account.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Swiftly regarding the Service.

17.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17.3 Waiver

The failure of Swiftly to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

17.4 Assignment

You may not assign or transfer these Terms or your rights under them without Swiftly's prior written consent. Swiftly may assign these Terms without restriction.

17.5 Force Majeure

Swiftly shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, pandemics, government actions, or disruptions to internet or telecommunications infrastructure.

17.6 Notices

Notices to you may be sent to the email address associated with your account. Notices to Swiftly should be sent to hello@myswiftlyapp.com.

17.7 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

18. Contact

For questions about these Terms, contact us at:

Logios Marketing Technologies, LLC
Email: hello@myswiftlyapp.com