Terms and Conditions

These Terms and Conditions (Terms) govern access to and use of Swifty AI’s website, dashboard, software platform, AI-assisted call handling, messaging, analytics, reporting, workflow automation, integrations, support and related services (together, the Services).

These Terms are intended for business use of the Services. If you or the organisation you represent has signed an order form, services agreement, service level agreement, data processing agreement or other written agreement with Swifty AI Limited, those signed documents are the main contractual terms for the contracted Services. These Terms supplement those signed documents only where relevant and do not replace or amend them. If there is a conflict, the signed agreement will take priority for the relevant subject matter, and the data processing agreement will take priority for personal data processing matters.

About Us

The Services are provided by Swifty AI Limited, a company incorporated and registered in England and Wales with company number 15670195 (Swifty, we, us or our).

Terms

Acceptance of these Terms

By accessing or using the Services, you agree to these Terms. If you use the Services on behalf of a company, dealership group, retailer or other organisation, you confirm that you have authority to bind that organisation. In that case, you and your refer to that organisation.

Privacy

Our Privacy Policy explains how we collect, use, share and protect personal data when we act as a controller, and how our processor role works where we process personal data on behalf of business customers.

Customer accounts and authorised users

You are responsible for the acts and omissions of anyone who accesses the Services using your account, credentials, phone numbers, integrations or workflows. You must keep login details secure, use appropriate access controls for your authorised users and notify us promptly if you suspect unauthorised access.

Services

We provide the Services described in the applicable order form, statement of work, proposal, services agreement or dashboard configuration. The Services may include AI agents, voice interactions, call analysis, SMS, WhatsApp or other messaging, analytics, reporting, workflow automation, integrations, onboarding, configuration, hosting, maintenance and support. We may update, improve, change, suspend or discontinue parts of the Services where reasonably necessary for security, compliance, continuity, product improvement, third-party dependency changes or operational reasons.

Your responsibilities

You are responsible for:

• ensuring you have all rights, permissions, notices, lawful bases and consents required to use the Services, including for end customers, prospects, employees, contractors, call handlers and other users;
• complying with UK GDPR, the Data Protection Act 2018, the Privacy and Electronic Communications Regulations 2003, the Data (Use and Access) Act 2025 to the extent applicable, and all applicable direct marketing, telecoms and consumer protection laws;
• ensuring that outbound SMS, WhatsApp, email or other electronic messaging campaigns comply with applicable opt-in, soft opt-in, opt-out, suppression and transparency requirements;
• complying with third-party platform, carrier, messaging provider, telephony provider and integration terms that apply to your use of the Services;
• reviewing AI-generated outputs and deciding how they are used in your business; and
• ensuring that the information, prompts, workflows, scripts, call-routing rules, campaign instructions and data you provide to us are accurate, lawful and suitable for your intended use.

Restrictions

You must not:

• use the Services for unlawful, harmful, fraudulent or abusive purposes;
• interfere with, disrupt, overload, scan, probe or test the vulnerability of the Services or related systems without our written permission;
• attempt to bypass security, authentication, usage limits, access controls or technical protections;
• reverse engineer, decompile, disassemble or attempt to derive source code, algorithms, models, workflows or non-public functionality, except to the extent this restriction is not permitted by law;
• send spam, unlawful direct marketing, unlawful automated communications or content that infringes another person’s rights;
• knowingly submit cardholder data, payment card numbers, card verification values, sensitive financial information, criminal offence data or special category data unless expressly agreed in writing or incidentally captured in a way covered by an applicable data processing agreement; or
• encourage or assist anyone else to do anything prohibited by these Terms.

AI outputs and third-party technology

The Services use AI models, speech-to-text, text-to-speech, telephony, messaging, cloud infrastructure and other third-party services. AI-generated outputs, classifications, call summaries, suggested responses, scores and analytics may be incomplete, inaccurate or unsuitable for a particular purpose. You are responsible for applying human review and business judgement before relying on outputs, making decisions or taking action. We are not responsible for third-party service failures, model limitations, carrier restrictions, integration outages or platform policy changes except to the extent expressly stated in a signed agreement.

Data protection

Each party must comply with applicable data protection law. Where we process personal data on your behalf, you are the controller and we are the processor unless a signed agreement states otherwise. You remain responsible for providing privacy notices, identifying lawful bases, obtaining any legally required consents, handling data subject rights requests and deciding how personal data and outputs are used. Our data processing agreement sets out the processing instructions, sub-processor controls, international transfer safeguards, security measures, breach notification process and return or deletion obligations for customer personal data.

Confidentiality

Each party must protect the other party’s confidential information using reasonable care and must not disclose it except to personnel, advisers, affiliates, contractors or service providers who need to know it for the purposes of the Services and are subject to appropriate confidentiality obligations. This does not apply to information that is public through no fault of the receiving party, already known without restriction, independently developed, received lawfully from a third party without restriction or required to be disclosed by law, court order or a regulator.

Intellectual property

We and our licensors own all rights in the Services, software, AI agents, workflows, configurations, dashboards, models, algorithms, documentation, know-how, improvements, modifications and related intellectual property. You receive only the limited right to use the Services for your internal business operations in accordance with these Terms and any signed agreement. You retain ownership of your pre-existing materials and customer data. You grant us the rights needed to host, process, transmit, display, analyse and use those materials and data to provide, secure, support, maintain, evaluate and improve the Services in accordance with these Terms and any applicable data processing agreement.

Feedback

If you give us comments, ideas, suggestions or other feedback about the Services, we may use them without restriction or payment to you, provided we do not disclose your confidential information in doing so.

Fees and payment

Fees, usage bundles, onboarding fees, service levels, service credits, payment dates and commercial terms are set out in the applicable order form, invoice or signed agreement. Unless stated otherwise, fees are exclusive of VAT and payable in pounds sterling. If you fail to pay an undisputed amount when due, we may charge interest as set out in the applicable signed agreement or as permitted by law, suspend or restrict the Services and recover reasonable costs of collection.

Support and service levels

Any support commitments, system availability targets, response times, resolution times and service credits apply only where set out in a signed agreement, order form or service level schedule. Unless a signed agreement says otherwise, service credits are your sole remedy for failure to meet an applicable service level.

Suspension and termination

We may suspend or restrict access to the Services where we reasonably believe this is necessary because of non-payment, security risk, unlawful use, breach of these Terms, breach of third-party platform rules, risk to other customers, regulatory concerns or urgent operational need. Either party may terminate as set out in the applicable signed agreement or order form. On termination, your right to use the Services ends, but accrued rights and obligations continue. Return or deletion of personal data will be handled in accordance with the applicable data processing agreement and our retention obligations.

Warranty disclaimer

We will provide the Services with reasonable skill and care. Except as expressly stated in these Terms or a signed agreement, the Services are provided without warranties, representations or conditions of any kind, whether express or implied. We do not warrant that the Services will be uninterrupted, error-free, secure, compatible with every third-party system, or that AI outputs will be accurate, complete or suitable for your intended purpose.

Liability

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot legally be limited or excluded. This liability section does not limit your obligation to pay fees, taxes and other charges properly due. Subject to the previous sentences and to the maximum extent permitted by law:

• neither party will be liable for indirect, consequential, special, incidental, punitive or exemplary loss or damage, or for loss of profits, revenue, business, anticipated savings, goodwill, data or business opportunity;
• our aggregate liability arising out of or in connection with the Services is limited to the fees paid or payable to us for the Services in the 12 months before the event giving rise to the claim; and
• where you have no payment obligations to us, our aggregate liability is limited to GBP 100.

Indemnity

You will indemnify us against claims, losses, damages, liabilities, costs and expenses arising from your breach of these Terms, your unlawful use of the Services, your instructions, your data, your messaging campaigns, your failure to provide required notices or obtain required consents, or your breach of third-party platform, carrier, messaging provider, telephony provider or integration terms.

Force majeure

Neither party will be liable for failure or delay in performing obligations caused by events beyond its reasonable control, including natural disasters, epidemic or pandemic, war, terrorism, civil unrest, industrial action, government action, utility failure, internet or telecommunications failure, third-party platform outage, carrier outage or cloud infrastructure failure.

Changes to these Terms

We may update these Terms from time to time. We will post the updated version on the website or notify you by another reasonable method. The updated Terms will apply from the stated effective date. If you continue using the Services after that date, you accept the updated Terms.

General

These Terms, together with any applicable order form, signed agreement, data processing agreement and privacy policy, govern your use of the relevant Services, subject to the priority rules at the top of these Terms. If any part of these Terms is invalid or unenforceable, the rest will remain in effect. A failure to enforce a right is not a waiver. You may not assign or transfer your rights or obligations without our written consent, except where a signed agreement states otherwise. We may assign or transfer our rights and obligations to an affiliate or in connection with a merger, acquisition, reorganisation or sale of all or substantially all of our assets. A person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce them.

Governing law and jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation, including non-contractual disputes or claims, are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction to settle any such dispute or claim.

Contact

If you have questions about these Terms, contact us at privacy@swiftyai.co.