1. Acceptance of Terms
By accessing or using SwiftDesign CRM (operated by Swiftdesign LLC), you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions, you must not use our services.
2. SaaS Subscription and Billing
SwiftDesign CRM is provided as a Software-as-a-Service (SaaS). We charge subscription fees for access to our platform. All payments are processed via our third-party provider, Stripe. By subscribing, you authorize us to charge your selected payment method on a recurring basis. Subscription fees are non-refundable unless otherwise required by law.
Downgrades and Data Loss: If you choose to downgrade your subscription plan, or if your plan is automatically downgraded due to payment failure, your account will be immediately subject to the limits of your new plan. Any data, files, client portals, or team member profiles that exceed your new plan's limits will be automatically and permanently deleted. Swiftdesign LLC is not liable or accountable for any loss of data, files, or account access resulting from a plan downgrade.
3. User Responsibilities
You are solely responsible for maintaining the security of your account credentials. You are responsible for all activities that occur under your authenticated session. You agree not to use the service for any illegal or unauthorized purpose, including uploading malicious code or violating intellectual property rights.
4. Service Availability and Modifications
We strive to ensure 99.9% uptime, but we do not guarantee that our services will be uninterrupted or error-free. We reserve the right to modify, suspend, or discontinue any part of the service at any time, with or without notice.
5. Limitation of Liability
To the maximum extent permitted by law, Swiftdesign LLC and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of your use of the service or any third-party payment processing errors.
6. Termination
We reserve the right to terminate or suspend your account immediately, without prior notice, if you breach these Terms of Use or engage in any fraudulent or abusive behavior.
7. "AS-IS" Warranty Disclaimer
SwiftDesign CRM is provided on an "AS IS" and "AS AVAILABLE" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. While we are highly dedicated to resolving issues promptly and continuously improving our platform, we cannot legally guarantee that the service will be completely error-free at all times or that all software bugs can be resolved immediately.
8. Indemnification
You agree to indemnify, defend, and hold harmless Swiftdesign LLC, its officers, directors, employees, and agents from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of your use of the service, your violation of these Terms, or your violation of any rights of a third party, including data privacy rights of your own clients.
9. Acceptable Use and Content Ownership
You retain full ownership of all data and files you upload to the CRM. However, you agree not to use our storage or portal systems to upload, distribute, or store illegal, sexually explicit, highly regulated, or copyright-infringing material. We reserve the right to delete any data or suspend accounts that violate this policy without liability.
10. Governing Law
These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Wyoming, USA, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Wyoming.
11. Data Processing Agreement (DPA) & GDPR
For the purposes of European data protection laws, including the General Data Protection Regulation (GDPR), you acknowledge that you are the Data Controller and Swiftdesign LLC acts as the Data Processor regarding any personal data (such as client information or leads) you upload or store in SwiftDesign CRM. We will process this data solely for the purpose of providing the Service to you, in accordance with your instructions and our Privacy Policy. We maintain appropriate technical and organizational measures to protect your data against unauthorized access or loss. By accepting these Terms of Use, you also agree to this data processing arrangement, which serves as our Data Processing Agreement (DPA).