Terms of Service

Effective Date: January 15, 2026

​

These Terms of Service ("Terms") govern your access to and use of the Swix AI platform, websites, applications, documentation, and related services (collectively, the "Service") operated by Swix AI, LLC ("Swix AI," "we," "our," or "us"). By accessing or using the Service, you agree to these Terms. If you do not agree, you may not use the Service.

 

1. Eligibility & Accounts

1.1 You must be at least 18 years old and have the authority to bind your organization to these Terms to use the Service.

1.2 You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account.

1.3 You agree to provide accurate, current, and complete information and to update it as necessary.

1.4 We may refuse registration or terminate accounts at our discretion for violation of these Terms, suspicious activity, or legal requirements.

1.5 You must notify us immediately at security@swix.ai if you suspect unauthorized access to your account.

 

2. Customer Responsibilities

You agree that you will:

• Use the Service only for lawful purposes and in compliance with these Terms

• Maintain and secure all devices and systems used to access the Service

• Ensure that your users comply with these Terms

• Not use automated tools, scripts, or bots except through authorized APIs

• Monitor your usage and AI credit consumption

• Review all AI-generated outputs before using them in production

You are responsible for all activity originating from your account, whether or not you authorized it.

 

3. Acceptable Use

Your use of the Service must comply with our Acceptable Use Policy, available at: https://swix.ai/acceptable-use-policy
 

You may not:

• Access the Service using unauthorized methods

• Interfere with or disrupt the integrity, security, or performance of the Service

• Upload or transmit malicious code, viruses, or harmful materials

• Reverse engineer, decompile, or extract source code except as permitted by law

• Use the Service to develop a competing product or conduct benchmarking without consent

• Resell, sublicense, lease, or otherwise provide the Service to third parties without written permission

• Generate content that violates applicable laws or infringes third-party rights

• Use the Service to create spam, phishing attempts, or deceptive content

• Attempt to circumvent usage limits, rate limits, or security measures

• Share account credentials with unauthorized users

We reserve the right to investigate and suspend accounts violating this section.

 

4. Subscription, Fees & Payment

4.1 Some features require a paid subscription. Pricing, plan features, and billing cycles will be presented at purchase.

4.2 You authorize Swix AI or our payment processor to charge your chosen payment method for all applicable fees.

4.3 Refund Policy:

• Subscription fees are non-refundable except where required by law

• If you cancel mid-cycle, you retain access until the end of your billing period

• No refunds or credits for partial months or unused AI credits

• Billing disputes must be raised within 30 days of charge

4.4 Subscription plans renew automatically unless canceled at least 24 hours prior to renewal.

4.5 Price Changes: We may change pricing with 30 days' notice. Changes apply at your next renewal.

4.6 Failure to pay may result in suspension or termination of access. Outstanding fees remain due even after termination.

4.7 All fees are exclusive of taxes, which you are responsible for paying.

 

5. Intellectual Property

5.1 Swix AI owns all rights, title, and interest in and to the Service, including software, features, content, trademarks, documentation, and proprietary algorithms.

5.2 Except for the limited license granted to you under these Terms, no rights are transferred to you.

5.3 Open-source components are used under their respective licenses, which we comply with. A list of open-source components is available upon request.

5.4 You may not remove, obscure, or alter proprietary notices, trademarks, or copyright statements.

5.5 Feedback you provide about the Service may be used by Swix AI without compensation or attribution.

 

6. User Content & License

6.1 You Own Your Content: You retain ownership of all content, data, prompts, files, and materials submitted or uploaded to the Service ("User Content").

6.2 Limited License to Swix AI: You grant Swix AI a worldwide, non-exclusive, royalty-free license to host, process, transmit, display, and store User Content solely as necessary to:

• Operate and provide the Service to you

• Generate AI outputs based on your requests

• Maintain backups and ensure service reliability

• Comply with legal obligations

6.3 No Training on Your Data: Unless you explicitly opt in, your User Content will not be used to train or improve AI models (ours or third-party providers). See Section 7 for details.

6.4 Your Representations: You represent and warrant that:

• You have all required rights to submit User Content

• User Content does not violate any laws or third-party rights

• User Content does not contain malicious code or illegal materials

 

7. AI-Generated Output and Model Selection

 

7.1 AI Model Selection

The Service offers access to 20 curated AI models from four providers through our infrastructure partner, OpenRouter:

• 6 Anthropic models (Claude variants)

• 6 Google models (Gemini variants)

• 6 OpenAI models (GPT variants)

• 2 xAI models (Grok variants)

The complete list of available models is shown in the platform's model selection interface and in our Privacy Policy Section 3.

 

7.2 You Control Data Flow

• You select which model processes each prompt

• Only the provider of the selected model processes your data

• Provider names are clearly displayed in the model selection interface (e.g., "Anthropic Claude 3 Sonnet")

• Different models have different capabilities, performance, token consumption rates, and costs

 

7.3 Data Processing Architecture

When you select a model:

1. Your prompt is routed through OpenRouter to only that specific provider

2. OpenRouter does not store prompts beyond temporary processing

3. The selected provider processes your prompt only to generate output

4. No provider trains on your data or uses it beyond generating your response

 

7.4 Ownership of AI Output

Subject to your ownership of underlying User Content, you own the AI Output generated for your organization.

 

7.5 No Guarantees of Accuracy

AI Output may be inaccurate, incomplete, outdated, biased, or contain "hallucinations" (fabricated information). AI models can:

• Generate false or misleading information

• Produce biased or inappropriate content

• Fail to cite sources or provide verifiable facts

• Misinterpret context or instructions

 

7.6 Your Responsibility to Review

You are solely responsible for:

• Reviewing all AI Output before use

• Fact-checking information

• Ensuring compliance with your organization's standards

• Verifying legal or regulatory compliance

• Determining fitness for your intended purpose

 

7.7 No Liability for AI Output

Swix AI is not responsible for:

• Decisions made based on AI Output

• Errors, omissions, or inaccuracies in AI Output

• Harm caused by reliance on AI Output

• Third-party claims arising from your use of AI Output

 

7.8 Model Availability and Changes

• We may add, remove, or replace models with 30 days' notice

• Model deprecation will be announced in the platform and via email

• If a model becomes unavailable, you will need to select an alternative

• You are responsible for testing workflows if models change

 

7.9 Model Performance and Availability

• Models may experience temporary outages or rate limiting

• Response times and quality vary by model and provider

• We do not guarantee specific uptime for individual models

• Provider availability is subject to their terms and infrastructure

 

8. Data Ownership & Security

8.1 Your Data Ownership: You own all data you provide to the Service.

8.2 Our Security Measures: Swix AI implements commercially reasonable security measures to protect Customer Data, including:

• Encryption in transit (TLS 1.2+) and at rest (AES-256)

• Tenant-level data isolation

• Role-based access controls

• Regular security monitoring

8.3 Your Security Responsibilities: You are responsible for:

• The security of your internal systems, credentials, and devices

• Implementing multi-factor authentication when available

• Promptly reporting security incidents to security@swix.ai

8.4 Data Upon Termination: Upon termination or account deletion:

• Your Customer Content will be deleted within 30 days

• You may request data export before termination

• We may retain data longer if required by law or to resolve disputes

• Backups may persist for up to 90 days

8.5 Aggregated Analytics: We may process aggregated or anonymized data for analytics and improvements, but never in a form that identifies you or your organization.

 

9. Third-Party Services

9.1 The Service may integrate with third-party tools (e.g., Google, Meta, HubSpot, marketing platforms, CRMs).

9.2 Your use of third-party services is governed by their own terms and privacy policies.

9.3 Swix AI is not responsible for:

• Third-party service failures, outages, or availability

• Data practices of third-party providers

• Changes to third-party APIs or features

• Costs incurred from third-party services

9.4 You are responsible for maintaining accounts and credentials with third-party services.

9.5 OpenRouter Integration: The Service relies on OpenRouter for AI model access. If OpenRouter experiences outages, rate limiting, or service disruptions:

• AI features may be temporarily unavailable

• We will make reasonable efforts to provide status updates

• Swix AI is not liable for OpenRouter service interruptions

OpenRouter's terms and policies govern the underlying AI infrastructure. You can review their terms at: https://openrouter.ai/terms

 

10. API Access & Rate Limits

If your plan includes API access:

• You must use APIs only as documented

• Swix AI may enforce rate limits or usage caps based on your plan

• Excessive or abusive usage may result in throttling or suspension

• API access may be modified or discontinued with reasonable notice

Rate limits are determined by:

• Your Swix AI subscription plan

• OpenRouter's current rate limits for each model

• Underlying model provider limits (OpenAI, Anthropic, Google, xAI)

Rate limits may vary by model and can change based on provider policies.

 

11. Beta Features

11.1 We may offer pre-release or beta features ("Beta Services"). Beta Services:

• Are provided "as is" without warranties

• May be discontinued at any time without notice

• May contain defects or incomplete functionality

• Are excluded from any service level agreements (SLAs)

• May have limited support

11.2 Your participation is voluntary. Feedback on Beta Services may be used by Swix AI without compensation.

11.3 Do not use Beta Services for production or mission-critical workflows.

 

12. Service Availability & Modifications

12.1 We strive for high availability but do not guarantee uninterrupted, error-free service.

12.2 We may:

• Modify features or functionality

• Suspend access for maintenance (with advance notice when practical)

• Discontinue components with 30 days' notice

• Impose usage limits to ensure service stability

12.3 Emergency Maintenance: We may perform emergency maintenance without notice to address security issues or critical failures.

12.4 No SLA: Unless expressly provided in a separate enterprise agreement, we do not guarantee specific uptime percentages.

 

13. Disclaimer of Warranties

13.1 The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind.

13.2 We disclaim all warranties, express or implied, including:

• Merchantability

• Fitness for a particular purpose

• Non-infringement

• Accuracy, reliability, or completeness of AI Output

• Uninterrupted or error-free operation

• Security against unauthorized access

13.3 No oral or written information from Swix AI creates a warranty not expressly stated in these Terms.

 

14. Limitation of Liability

14.1 To the maximum extent permitted by law, Swix AI is not liable for:

• Indirect, incidental, special, consequential, or punitive damages

• Lost profits, revenue, data, or business opportunities

• Service interruptions or data loss

• Third-party actions or service failures

• Errors in AI-generated outputs

• Unauthorized access to your account

14.2 Cap on Liability: Swix AI's total liability for any claims arising from these Terms or the Service will not exceed the fees paid by you during the 12 months preceding the claim.

14.3 Essential Purpose: These limitations apply even if remedies fail of their essential purpose.

14.4 Jurisdictional Variations: Some jurisdictions do not allow certain limitations; these limits apply to the extent allowed by law.

 

15. Indemnification

15.1 You agree to indemnify, defend, and hold harmless Swix AI and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of:

• Your use of the Service

• Your User Content or AI Output

• Your violation of these Terms

• Your violation of any laws or third-party rights

• Unauthorized use of your account

15.2 We reserve the right to assume exclusive defense and control of any matter subject to indemnification, at your expense.

 

16. AI Usage Credits (Usage-Based Billing)

 

16.1 Credit System

Subscription plans include annual AI Usage Credits ("Credits"). Credits are consumed when using AI features including Teammate responses, Smartflow executions, Vibe interactions, and content generation.

1 Credit = 1,000 tokens (consistent across all available AI models).

Token consumption varies based on:

• The specific AI model selected

• Prompt length and complexity

• Output length

• Workflow complexity

• Context size

Note: Different AI models have different token consumption rates. For example, more powerful models may generate longer or more detailed outputs, consuming more tokens for similar prompts. The platform interface displays which model you're using and provides usage tracking.

 

16.2 Included Credits

• Starter: 3,000,000 Credits/year (= 100 million tokens)

• Pro: 6,000,000 Credits/year (= 300 million tokens)

• Elite: 12,000,000 Credits/year (= 600 million tokens)

 

Credits reset annually on your subscription anniversary date and do not roll over unless expressly agreed in writing.

 

16.3 Additional Credits

If you exhaust your annual Credits:

• You may purchase additional Credits at then-current rates

• AI features may be limited or paused if Credits are depleted

• Unused purchased Credits do not roll over at renewal

 

16.4 Usage Monitoring

We provide usage reporting and low-balance notifications through the platform. You are responsible for:

• Monitoring your credit balance

• Selecting cost-appropriate models for your use cases

• Purchasing additional Credits before depletion

• Managing team member usage

 

16.5 Abuse Prevention

We may throttle or restrict usage that:

• Violates acceptable use policies

• Indicates automated abuse or scripting

• Exceeds reasonable usage patterns for your plan tier

• Causes platform instability

 

16.6 Changes to Credit System

At subscription renewal, we may update:

• Token-to-credit conversion ratios

• Credit allocations per plan

• Pricing for additional Credits

Changes will be communicated with 30 days' notice and apply at your next renewal.

 

17. Confidentiality

17.1 Both parties agree to protect the other's confidential information using reasonable measures comparable to those used for their own confidential information.

17.2 Confidential information does not include information that:

• Is publicly available

• Was independently developed

• Was lawfully obtained from a third party

• Must be disclosed by law

17.3 Either party may disclose confidential information to employees, contractors, or advisors who have a legitimate need to know and are bound by confidentiality obligations.

 

18. Governing Law & Dispute Resolution

18.1 Governing Law: These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law rules.

18.2 Arbitration: Any dispute arising from these Terms or the Service will be resolved by binding arbitration conducted:

• Under the Commercial Arbitration Rules of the American Arbitration Association

• By a single arbitrator

• Remotely or in Pima County, Arizona

18.3 Exceptions: Either party may seek injunctive relief in court for:

• Intellectual property violations

• Data breaches

• Violations of acceptable use policies

18.4 Class Action Waiver: You agree to resolve disputes individually, not as part of a class or representative action.

 

19. Export Compliance

You agree not to export, re-export, or use the Service in violation of:

• U.S. export control laws

• Economic sanctions regulations

• International trade restrictions

You represent that you are not located in, or a national of, any country subject to U.S. embargo.

 

20. Government Use

If accessed by U.S. government entities, the Service is provided as "commercial items" as defined in FAR 2.101. Rights are limited to those in these Terms.

 

21. Assignment

21.1 You may not assign or transfer these Terms or your account without our written consent.

21.2 Swix AI may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.

21.3 These Terms bind and benefit the parties' successors and permitted assigns.

 

22. Changes to These Terms

22.1 We may update these Terms from time to time. Material changes will be:

• Posted with an updated Effective Date

• Announced via email (if you have an account)

• Posted prominently on our website

22.2 Continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

22.3 If you do not agree to updated Terms, you must stop using the Service and may terminate your account.

 

23. Termination

23.1 Termination by Us: We may suspend or terminate your access:

• For violation of these Terms

• For non-payment

• If required by law

• If your use poses security risks

• At our discretion with 30 days' notice

23.2 Termination by You: You may stop using the Service at any time. To cancel your subscription, contact support@swix.ai at least 24 hours before your renewal date.

23.3 Effect of Termination:

• You remain responsible for outstanding fees

• Your access to the Service will be disabled

• Your data will be deleted per Section 8.4

• Provisions that by their nature should survive will remain in effect

 

24. Survival

The following sections survive termination:

• Intellectual Property (Section 5)

• Data Ownership & Security (Section 8.4)

• Disclaimer of Warranties (Section 13)

• Limitation of Liability (Section 14)

• Indemnification (Section 15)

• Confidentiality (Section 17)

• Governing Law & Dispute Resolution (Section 18)

• Payment Obligations (Section 4.6)

 

25. Entire Agreement

These Terms, together with our Privacy Policy and any applicable Data Processing Addendum, constitute the entire agreement between you and Swix AI and supersede all prior agreements, representations, or understandings related to the Service.

 

26. Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect, and the unenforceable provision will be modified to reflect the parties' intent to the extent possible.

 

27. No Waiver

Our failure to enforce any provision of these Terms does not waive our right to enforce it later. Any waiver must be in writing and signed by an authorized representative.

 

28. Contact

For questions about these Terms, contact us at:

General Inquiries: info@swix.ai
Privacy Matters: privacy@swix.ai
Security Incidents: security@swix.ai
Support: support@swix.ai

 

Mailing Address:
Swix AI, LLC
1846 E. Innovation Park, Ste. 500
Oro Valley, AZ 85755