Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Swyft platform, website, and related services (the "Services") operated by Swyft, Inc., a Texas corporation ("Swyft"),.

By accessing or using our Services, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a law firm, you represent that you have authority to bind that entity. If you do not agree, do not use the Services.

Separate, more detailed terms may apply to enterprise relationships and are governed by a Master Services Agreement ("MSA") executed between Swyft and your firm. In the event of a conflict, the MSA governs.

• "Customer Data" means any data submitted to or processed by the Services by a customer, including case management data, financial records, and marketing analytics.
• "Platform" means Swyft's artificial business intelligence software, dashboards, AI analyst functionality, and associated infrastructure.
• "Services" means the Platform, the Swyft website, API access, data-strategy consulting, and related professional services.
• "User" means an individual authorized by a customer to access and use the Services on the customer's behalf.

Swyft offers an artificial business intelligence platform purpose-built for law firms. The Services include a governed data model that unifies marketing, intake, case management, and financial data; a natural-language AI analyst; customizable dashboards; and access to embedded human analyst expertise.

The specific Services available to you are determined by your applicable Order Form or MSA. Swyft reserves the right to modify features with reasonable notice, provided that material reductions in core functionality will not be made during a paid subscription period without offering a pro-rated refund.

You agree not to, and will not permit others to:

• Reproduce, modify, distribute, or create derivative works of any part of the Services without Swyft's prior written consent.
• Reverse engineer, decompile, or attempt to derive the source code or underlying algorithms of the Platform.
• Scrape or use automated means to collect data from the Services except as expressly permitted by Swyft's API documentation.
• Introduce malicious code or interfere with the integrity, security, or performance of the Services.
• Use the Services to process data in violation of applicable law, including any data protection or privacy law.
• Sublicense, resell, or transfer access to the Services to any third party without Swyft's prior written consent.
• Use the Services to build a competitive product or benchmark the Platform for competitive purposes without Swyft's consent.

Swyft retains all right, title, and interest in and to the Services, including all software, algorithms, models, methodologies, trademarks, and intellectual property embodied therein. Nothing in these Terms transfers any ownership interest in the Services to you.

You retain all right, title, and interest in your Customer Data. By submitting Customer Data to the Services, you grant Swyft a limited, non-exclusive, royalty-free license to access and process your Customer Data solely to provide, maintain, and improve the Services for your benefit.

Work products and deliverables created for you under an SOW or MSA transfer to you only upon receipt by Swyft of all agreed fees in full. Swyft will not use your Customer Data to train general-purpose AI models or share it with other customers.

Each party ("Receiving Party") agrees to hold in confidence all non-public information disclosed by the other party ("Disclosing Party") that is designated as confidential or reasonably should be understood to be confidential ("Confidential Information").

The Receiving Party will not disclose Confidential Information to any third party without the Disclosing Party's prior written consent, and will use Confidential Information only as necessary to perform its obligations under these Terms.

Confidential Information does not include information that is publicly available, was rightfully known prior to disclosure, is independently developed without use of Confidential Information, or is required to be disclosed by law or court order.

Fees for the Services are set forth in the applicable Order Form or MSA. Unless otherwise stated, all fees are due in advance of the applicable subscription period and are non-refundable except as expressly provided in these Terms or the applicable MSA.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SWYFT'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

IN NO EVENT WILL SWYFT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF SWYFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

These limitations apply regardless of the form of action, whether in contract, tort, strict liability, or otherwise. Some jurisdictions do not allow the exclusion of certain damages, so the above limitations may not apply to you.

These Terms are effective from the date you first access the Services and continue until terminated. Subscription terms are specified in your Order Form or MSA.

Either party may terminate for cause upon 30 days' written notice if the other party materially breaches and fails to cure within the notice period. Swyft may terminate immediately if you violate the Usage Restrictions or if continued access poses a security risk.

Upon termination, your access to the Services ceases; Swyft will make your Customer Data available for export for 30 days, after which it will be deleted. All payment obligations accrued prior to termination survive.

These Terms are governed by the laws of the State of New Jersey, without regard to its conflict-of-laws principles. Any dispute will be subject to the exclusive jurisdiction of the state and federal courts in Mercer County, New Jersey.

Before initiating formal proceedings, the parties agree to attempt to resolve any dispute through good-faith negotiation for at least 30 days following written notice. Swyft's registered office: 300 Witherspoon St, Suite 201, Princeton, NJ 08542.

Entire Agreement. These Terms, together with any applicable Order Form or MSA, constitute the entire agreement between you and Swyft regarding the Services.

Amendments. Swyft may update these Terms from time to time with at least 30 days' notice of material changes. Continued use after the effective date constitutes acceptance.

Severability. If any provision is found unenforceable, it will be modified to the minimum extent necessary, and remaining provisions remain in full force.

Assignment. You may not assign these Terms without Swyft's prior written consent. Swyft may assign in connection with a merger, acquisition, or sale of assets.

Force Majeure. Neither party will be liable for failure to perform due to causes beyond its reasonable control, including acts of God, natural disasters, or infrastructure failures.