Terms of Service

Effective Date: January 1, 2025 | Last Updated: January 1, 2025

These Terms of Service govern your use of Swiftimate, including our website, mobile applications, and related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. Your use of the Service is also governed by our Privacy Policy, which outlines how we collect, use, and disclose your information.

1. Use of the Service

You may use the Service only if you are at least 18 years old and legally capable of entering into a binding agreement. You are responsible for all activity that occurs under your account and agree to provide accurate information and keep your login credentials secure.

2. Account Registration

To use certain features, you must register for an account. You agree to:

  • Provide accurate, complete, and updated information
  • Maintain the security of your password
  • Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate your account if we suspect any unauthorized or fraudulent activity.

3. Subscription and Payments

Some features of Swiftimate require a paid subscription. By subscribing:

  • You authorize us to charge your payment method for the applicable fees through our payment processor, Stripe.
  • Fees are non-refundable except as required by law.
  • Your subscription will auto-renew unless canceled before the end of the current billing period.

You may cancel at any time via your account settings or by contacting support.

4. User Content and Data

You retain ownership of all data and content you upload to Swiftimate. We do not claim ownership of your client records, estimates, invoices, or project information. By using the Service, you grant us a limited license to use your data solely for the purpose of operating and improving the Service. This includes storing your data securely using third-party services like Supabase.

We will never sell your data.

5. Acceptable Use

You agree not to:

  • Use the Service for any illegal or unauthorized purpose
  • Interfere with or disrupt the Service
  • Attempt to gain unauthorized access to other user accounts or Swiftimate systems
  • Transmit viruses, malware, or harmful code

We reserve the right to terminate accounts violating this policy.

6. Intellectual Property

All content, branding, and technology used in the Service, including software, text, graphics, logos, and images, is the property of Swiftimate or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not use, copy, modify, or distribute any part of the Service without prior written consent.

If you provide us with any feedback, suggestions, or ideas regarding the Service ("Feedback"), you agree that we are free to use such Feedback for any purpose without any compensation or attribution to you.

7. Copyright Policy (DMCA)

We respect the intellectual property rights of others. If you believe that any content on the Service infringes upon your copyright, please send a written notification to our designated copyright agent at support@swiftimate.com with the following information:

  • A description of the copyrighted work that you claim has been infringed.
  • A description of where the material that you claim is infringing is located on the Service.
  • Your address, telephone number, and email address.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

We reserve the right to remove content alleged to be infringing without prior notice, and at our sole discretion, to terminate accounts of users who are repeat infringers.

8. Third-Party Services and Links

The Service integrates with and may contain links to third-party websites or services that are not owned or controlled by Swiftimate (e.g., Stripe for payments, Supabase for backend infrastructure and data storage). Swiftimate has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Swiftimate shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

9. Indemnification

You agree to defend, indemnify, and hold harmless Swiftimate and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms; c) content posted by you on the Service; or d) your violation of any law or the rights of a third-party.

10. Disclaimers and Limitation of Liability

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. We do not guarantee that the Service will be uninterrupted or error-free, or that data will always be secure or recoverable.

To the fullest extent permitted by law, in no event shall Swiftimate, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

11. Termination

You may stop using the Service at any time. We may suspend or terminate your account if you violate these Terms or engage in harmful behavior, including but not limited to, non-payment of fees. Upon termination, your access to the Service will be revoked, but your data will remain stored according to our Privacy Policy and applicable law, for a reasonable period.

12. Changes to These Terms

We may modify these Terms at any time. If changes are material, we will provide notice via email or within the app at least 30 days before the new terms take effect. Your continued use of the Service after the updated Terms become effective constitutes acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Service.

13. Governing Law

These Terms are governed by and interpreted under the laws of the State of Delaware, without regard to its conflict of law provisions.

14. Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service, including the formation, interpretation, breach, or termination thereof, shall be resolved through good faith negotiation. If a resolution cannot be reached through negotiation, the parties agree to submit the dispute to binding arbitration in [City, State of Governing Law], under the rules of the American Arbitration Association (or similar, e.g., JAMS, or simply specify the rules applied). You agree that any claims brought against Swiftimate must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

15. Severability & Entire Agreement

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.

16. Contact Us

If you have any questions about these Terms, please contact us:

Email: support@swiftimate.com
Mailing Address: 123 Business Avenue, Suite 100, San Francisco, CA 94107