Last updated: [Insert date]
These Terms of Service (the "Terms") form a binding agreement between you and [SwiftCNS legal entity name], doing business as SwiftCNS.ai ("SwiftCNS," "we," "us," or "our") and govern your access to and use of:
By creating an account, clicking "I agree," or accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.
If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity, and "you" and "Customer" refer to that entity.
The Service is intended for use by adults only. You may use the Service only if you are at least 18 years old (or the age of majority in your jurisdiction, if higher) and capable of forming a binding contract.
The Service is designed for business, professional, and organizational use. It is not directed to individual consumers for personal, family, or household purposes, and is not directed to children.
If you use the Service on behalf of an organization, you represent and warrant that you have full authority to bind that organization to these Terms, and that all references to "you" and "Customer" in these Terms include that organization and its users.
To use the Service, you must create an account and provide accurate, complete, and current information, including your name, business email, company/organization name, and any other information we reasonably request.
You are responsible for:
You must promptly notify us at [contact email] if you suspect any unauthorized access or use of your account.
If you permit others to access the Service under your account, you are responsible for ensuring they comply with these Terms. Any breach of these Terms by an Authorized User is deemed a breach by you.
SwiftCNS.ai provides an online platform that allows Customers to design, run, and manage AI-driven experiments and to store, view, and analyze the resulting outputs and data (collectively, "Customer Experiments"), using one or more integrated third-party artificial intelligence providers and cloud services ("AI Providers").
The Service, including any AI-generated outputs, analyses, or recommendations ("AI Outputs"), is provided for informational and experimental purposes only. It does not constitute legal, medical, financial, engineering, scientific, or other professional advice, and should not be relied upon as such.
We may modify, update, or discontinue all or part of the Service at any time, including by adding or removing features or imposing new limits. Where changes are material and reasonably foreseeable to affect you, we will use reasonable efforts to provide advance notice (for example, via the Site or email).
We may revise these Terms from time to time. When we do, we will update the "Last updated" date above and may provide additional notice (for example, via the Service or by email).
If you continue to access or use the Service after updated Terms become effective, you will be deemed to have accepted the changes. If you do not agree with any updated Terms, you must stop using the Service.
Your use of the Service is subject to our Privacy Policy, which explains how we collect, use, disclose, and protect personal information. By using the Service, you acknowledge that you have read and understood our Privacy Policy.
You are responsible for ensuring that your use of the Service (including any data you upload or process) complies with all applicable laws, including privacy and data protection laws in jurisdictions where you or your users are located.
You agree that you will not, and will not permit any Authorized User or third party to:
The Service is not designed or intended for the collection or processing of sensitive personal information, including but not limited to:
You agree not to input, upload, or otherwise submit sensitive personal information into the Service. If you nevertheless do so, you are solely responsible for ensuring you have all necessary rights and consents, and you acknowledge that such use is at your own risk.
You are solely responsible for:
"Customer Content" means any data, information, text, files, or other content that you or your Authorized Users submit to or generate within the Service, including Customer Experiments and AI Outputs associated with your account.
"Service Data" means data generated by or on behalf of SwiftCNS in connection with the operation of the Service, such as log data, usage statistics, and performance metrics.
"Aggregated Data" means Service Data or Customer Content that has been aggregated and/or de-identified so that it cannot reasonably be used to identify you or any individual.
As between you and SwiftCNS:
You grant SwiftCNS a worldwide, non-exclusive, royalty-free, transferable and sublicensable license to host, store, reproduce, process, transmit, display, and otherwise use Customer Content solely as reasonably necessary to:
We may access your Customer Content:
You agree that SwiftCNS may:
SwiftCNS will not publicly disclose Aggregated Data in a manner that identifies you or any individual.
The Service is not intended as a complete data backup or archival system. While we may maintain backups for our own business continuity, you are responsible for maintaining appropriate backups of your Customer Content for your own business purposes.
The Service uses one or more third-party AI Providers and other third-party services (collectively, "Third-Party Services") to process Customer Experiments and generate AI Outputs.
By using the Service, you authorize SwiftCNS to transmit your Customer Content and prompts to Third-Party Services as necessary to provide the Service. Your use of any Third-Party Services may be subject to additional terms and policies of those providers. Where required, we will make those terms available to you or reference them in our Privacy Policy or documentation.
We do not control and are not responsible for:
We provide integrations with Third-Party Services for your convenience only, and we make no representations or warranties about them.
AI Outputs are generated automatically based on your inputs and the behavior of the underlying AI models. Because of their probabilistic nature, AI Outputs may be inaccurate, incomplete, biased, or otherwise unreliable. You are solely responsible for evaluating AI Outputs and for any decisions or actions you take based on them.
The Service, the Site, and all associated software, code, algorithms, models, designs, interfaces, graphics, text, logos, trademarks, and other materials (excluding Customer Content) are owned by SwiftCNS and its licensors and are protected by intellectual property and other laws. ("SwiftCNS IP").
Subject to your compliance with these Terms, SwiftCNS grants you a limited, non-exclusive, non-transferable, non-sublicensable license during the term of these Terms to access and use the Service for your internal business purposes only.
Except for the limited license expressly granted above, no rights or licenses are granted to you (expressly or by implication) under any intellectual property rights owned or controlled by SwiftCNS or its licensors. SwiftCNS reserves all rights not expressly granted in these Terms.
If you provide SwiftCNS with any suggestions, comments, ideas, or other feedback about the Service ("Feedback"), you agree that we may use such Feedback without restriction or obligation to you, and you hereby grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free license to use and exploit the Feedback for any purpose, including to improve and develop our products and services.
This section applies to any paid features or subscriptions you purchase. If the Service is free for you, this section may not apply until pricing is introduced.
You agree to pay all fees specified in any order, subscription, or pricing plan you select through the Service ("Fees"). Unless otherwise stated, Fees are in [Canadian dollars] and are exclusive of applicable taxes.
You authorize us (or our payment processor) to charge your selected payment method for all Fees when due, including recurring subscription charges until you cancel in accordance with these Terms or your applicable order.
You are responsible for any sales, use, value-added, or other taxes, duties, and governmental charges associated with your purchase and use of the Service, other than taxes based on our net income.
Except as expressly stated in an order or as required by law, all Fees are non-refundable and non-creditable, including for partial periods of service or unused features.
We may change our pricing and Fees from time to time. For subscription Services, any price changes will take effect at the start of your next billing period following notice to you.
"Confidential Information" means any non-public information disclosed by one party ("Disclosing Party") to the other ("Receiving Party") that is marked or otherwise identified as confidential, or that a reasonable person would understand to be confidential under the circumstances. Customer Content is deemed your Confidential Information. SwiftCNS IP, Service Data, and any non-public information about the Service are deemed SwiftCNS's Confidential Information.
The Receiving Party shall:
Confidential Information does not include information that:
The Receiving Party may disclose Confidential Information if required by law or legal process, provided it (where legally permissible) gives the Disclosing Party prompt notice and reasonable cooperation to seek protective measures.
These Terms begin on the date you first accept them and continue until terminated in accordance with this Section 13.
You may terminate your account at any time by following the instructions in the Service or by contacting us at [contact email]. If you terminate a paid subscription, any such termination will be effective at the end of your then-current billing period, unless otherwise specified in an order.
We may suspend or terminate your access to the Service (in whole or in part) immediately if:
We may also terminate the Service or your access for convenience upon reasonable advance notice.
Upon termination:
Before termination or expiration of your account, we recommend that you export or download your Customer Content. We will use reasonable efforts to provide you a means to export Customer Content for a limited period following termination, unless we are prohibited from doing so by law or these Terms.
To the maximum extent permitted by applicable law, the Service (including the Site, any AI Outputs, and all related content and materials) is provided "AS IS" and "AS AVAILABLE," with all faults and without warranties of any kind, whether express, implied, statutory, or otherwise.
Without limiting the foregoing, SwiftCNS specifically disclaims all implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, error-free, secure, or free of harmful components, or that any AI Outputs or other results will be accurate, complete, reliable, or meet your requirements.
You understand and agree that:
PLEASE READ THIS SECTION CAREFULLY, AS IT LIMITS OUR LIABILITY TO YOU.
To the maximum extent permitted by applicable law, neither SwiftCNS nor its affiliates, directors, officers, employees, agents, or licensors will be liable to you for any:
arising out of or in connection with these Terms or your use of (or inability to use) the Service, whether based on contract, tort (including negligence), strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.
To the maximum extent permitted by applicable law, our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of:
whether arising in contract, tort, or otherwise.
Some jurisdictions do not allow certain exclusions or limitations of liability, so some of the above exclusions and limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
You agree to indemnify, defend, and hold harmless SwiftCNS and its affiliates, officers, directors, employees, and agents from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, in which case you agree to cooperate with our defense of such claim.
These Terms and any dispute or claim arising out of or relating to them or to the Service will be governed by and construed in accordance with:
without giving effect to any conflict of laws principles.
You and SwiftCNS agree that the courts located in the Province of Ontario will have exclusive jurisdiction over any disputes arising out of or relating to these Terms or the Service, and each party irrevocably submits and attorns to the jurisdiction of such courts.
You represent and warrant that you are not located in, and will not use the Service from, any jurisdiction where such use is prohibited by applicable export control, sanctions, or similar laws. You agree not to use the Service in violation of any such laws, including by using it to process or transmit data in violation of applicable export or sanctions restrictions.
SwiftCNS will not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure results from any cause or condition beyond its reasonable control, including acts of God, natural disasters, pandemics, strikes, labor disputes, war, terrorism, civil unrest, embargoes, governmental actions, power outages, or Internet disruptions.
You may not assign, transfer, or delegate these Terms or any of your rights or obligations under them, whether by operation of law or otherwise, without our prior written consent. Any attempted assignment in violation of this Section is void. We may freely assign these Terms, in whole or in part, to any affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of assets.
The parties are independent contractors. Nothing in these Terms will be construed to create a partnership, joint venture, agency, or employment relationship between you and SwiftCNS. You have no authority to bind SwiftCNS in any respect.
These Terms, together with our Privacy Policy and any applicable written order or subscription agreement between you and SwiftCNS, constitute the entire agreement between you and us regarding the Service and supersede all prior or contemporaneous agreements, proposals, or representations (written or oral) concerning its subject matter.
If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.
Any failure by SwiftCNS to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. A waiver will be effective only if in writing and signed by an authorized representative of SwiftCNS.
We may provide you with notices under these Terms by:
Notices to SwiftCNS must be sent to:
[SwiftCNS legal entity name]
Attn: Legal
[Mailing address]
Email: [legal or support email]
If you have any questions about these Terms or the Service, you may contact us at:
Email: [support@swiftcns.ai or similar]
Website: https://swiftcns.ai