These Terms explain the rules for using the Swix AI website, platform and apps. If your organization has signed a Master Services Agreement with us, that agreement comes first.

These Terms of Service ("Terms") govern your use of the Swix AI website at swix.ai, the Swix AI platform, our mobile apps, and related services (together, the "Service"). The Service is provided by Swix AI, LLC ("Swix AI," "we," "us," or "our"). By creating an account, accessing the Service, or clicking to accept these Terms, you agree to them. If you don't agree, please don't use the Service.

1. Who these Terms apply to

1.1 Organizations with a signed agreement. Most customers sign a Master Services Agreement ("MSA") and an order form or work order with us. If your organization has signed an MSA, the MSA governs your organization's subscription, and it controls if it conflicts with these Terms.

1.2 Individual users. If your organization gives you access to the Service, you are an "Authorized User." These Terms apply to you personally, alongside your organization's agreement with us.

1.3 Everyone else. These Terms also apply to visitors to our website, people who sign up for our newsletter or download our free tools, and anyone using the Service without a signed MSA.

1.4 Other documents. Our Privacy Policy explains how we handle personal information, and our AI Governance Policy describes how we use AI responsibly. Both are part of these Terms by reference. A list of the providers that help us run the Service is available on request at privacy@swix.ai.

2. Accounts and eligibility

2.1 You must be at least 18 years old to use the Service. The Service is built for organizations and their staff, not for personal or household use.

2.2 If you accept these Terms for an organization, you confirm that you have authority to do so.

2.3 You are responsible for keeping your login details confidential and for activity under your account. Tell us right away at security@swix.ai if you think someone has accessed your account without permission.

2.4 Your organization's administrators control your workspace. They can add or remove users, change permissions, view workspace content, and close accounts.

3. Your organization's responsibilities

3.1 You are responsible for the content you put into the Service and for having the rights, permissions, and consents needed for us to process it.

3.2 Regulated data is not allowed. The Service is not designed for health information covered by HIPAA, payment card data, bank or financial account numbers, Social Security or other government ID numbers, or biometric data. Please don't submit this kind of information unless we have signed a written addendum that allows it.

3.3 You are responsible for complying with the laws that apply to your use of the Service, including privacy, marketing, consumer protection, and public records laws.

4. Acceptable use

You agree not to use the Service, or let anyone else use it, to do any of the following.

General

• Break the law or help anyone else break it.
• Infringe anyone's intellectual property, privacy, or publicity rights.
• Upload malware, or try to gain unauthorized access to the Service or anyone's account.
• Interfere with the Service's security or performance, or get around usage limits, rate limits, or safeguards.
• Copy, reverse engineer, or try to extract the source code, prompts, or models behind the Service, except where the law allows it.
• Resell or share access to the Service outside your organization without our written permission.
• Use the Service to build or train a competing product, or scrape or harvest data from it.

AI-specific

• Try to bypass, disable, or trick the Service's safety features or the safeguards of our model providers.
• Generate content that is unlawful, defamatory, harassing, discriminatory, sexually explicit involving minors, or that promotes violence.
• Create fake reviews, fake testimonials, or misleading endorsements, including invented visitor experiences or ratings.
• Impersonate a real person or organization, or present AI-generated content as human-written where the law or a platform's rules require you to disclose it.
• Create deceptive deepfakes of real people.
• Send spam, or run automated email, text, or calling campaigns that break CAN-SPAM, Canada's Anti-Spam Legislation (CASL), the TCPA, or similar laws.
• Use AI output as the only basis for decisions that have legal or similarly significant effects on a person, such as hiring, firing, grants, credit, or housing, without meaningful human review.
• Use the Service to track, profile, or surveil people in ways the law doesn't allow.

If you see the Service produce harmful or clearly wrong output, please tell us at support@swix.ai. We may investigate suspected violations and suspend access where needed to protect people, the Service, or other customers.

5. AI features and output

5.1 How AI works. The Service uses large language models and related AI, some provided by third parties. AI output ("Output") is generated by probability. It can be wrong, incomplete, out of date, or biased, and the same request can produce different answers.

5.2 Review before you rely on it. You are responsible for reviewing Output before you use it, publish it, send it, or act on it. That includes checking facts, figures, names, dates, and anything a member of the public will see.

5.3 Not professional advice. Output is not legal, financial, tax, medical, or other professional advice. Please talk to a qualified professional for those decisions.

5.4 Disclosure. Some laws and platforms require you to disclose that content was made with AI. You are responsible for meeting those requirements.

5.5 Similar output. Other users may receive Output that is similar to yours. Your ownership of your Output does not extend to similar Output generated for someone else.

6. AI agents, automations, and scheduled tasks

The Service lets you set up AI agents, automations (including QuickFlows, ActionFlows, and SmartFlows), and scheduled tasks that can take actions for you. These actions can include drafting and sending email, updating records in connected systems, creating documents, and running steps on a schedule.

6.1 You decide what they can do. You choose which tools an agent or automation can use, how much it can do on its own, and where it must stop and ask a person for approval. Actions taken within the permissions and settings you choose are taken on your behalf.

6.2 You are responsible for those actions. You are responsible for the actions agents and automations take under the settings you choose, including actions you approve and tasks you schedule. Scheduled tasks keep running until you pause or delete them.

6.3 No binding commitments by default. Agents should not be used to sign contracts, make payments, or make legal commitments for you unless you have reviewed and approved that specific action.

6.4 Check the results. Agents can make mistakes, misread instructions, or act on inaccurate information in your connected systems. Please review activity logs and outputs regularly, especially when you first set something up.

6.5 Our limit. We are not responsible for actions taken inside your connected systems that follow your instructions, your approvals, or the settings you chose.

7. Connected tools and integrations

7.1 You can connect the Service to third-party tools such as email, calendars, file storage, and CRMs, through our own connectors and through SwixConnect. You may only connect accounts you are authorized to use.

7.2 When you connect a tool, you allow the Service to access and act on that account within the permissions you grant, so it can carry out the features you use. You can disconnect a tool at any time in your settings or in that tool's own account settings.

7.3 Third-party tools are governed by their own terms and privacy policies. We are not responsible for their availability, accuracy, security, changes to their features, or any fees they charge.

7.4 Data you export from other tools. You can also export data from another tool, such as a CRM, and upload or import it into the Service yourself, including into Swix IQ. Before you do, make sure your organization's agreement with that tool's provider, and the law, allow you to export that data and share it with us. Data you upload this way is Customer Data. We won't log in to or scrape another provider's system to get data for you, except through a connection you set up under 7.1. When you upload or import data, the Service may ask you to confirm you have the right to share it, and you confirm on your organization's behalf.

8. Sharing assistants and content

8.1 Some features let you share an assistant, a chat, a document, or other content with people inside or outside your organization, for example a board member or a partner.

8.2 You are responsible for who you share with, what the shared item can access, and what it says to the people using it. Anyone you share with must follow these Terms when they use it.

8.3 You can turn sharing off at any time. Content someone has already copied or downloaded may stay with them.

9. Your content and ownership

9.1 You own your content. As between you and us, your organization owns the data, files, prompts, and other content it puts into the Service ("Customer Data") and the Output generated for it.

9.2 What you let us do with it. You give us permission to host, copy, process, transmit, and display Customer Data and Output only as needed to provide and support the Service, keep it secure, and comply with the law. This permission ends when your data is deleted, apart from the de-identified data described in 9.4.

9.3 No training on your data. We don't use Customer Data or Output to train AI models, and we don't allow our model providers to use them to train their generally available models, unless your organization agrees in writing or the law requires it.

9.4 De-identified data. We may create aggregated, de-identified information from how the Service is used, for example how often a feature runs. We use it to operate, secure, and improve the Service and to understand industry trends. It will never identify your organization, any user, or any individual, and it never includes your Customer Data itself.

9.5 Knowledge bases and Swix IQ. Features like knowledge bases and Swix IQ store information your organization adds or approves so the Service can use it later. You control what goes in, and you can edit, delete, or export it.

10. AI model providers

10.1 The Service routes requests to third-party AI model providers such as Anthropic, OpenAI, and Google, through our routing layer. Depending on your settings, your organization may choose which model handles a request. A current list of our providers is available on request.

10.2 Providers process requests only to generate a response. They may keep data briefly for abuse and safety monitoring under their own terms.

10.3 We may add, change, or retire models over time as providers update their offerings. When a model you rely on is retired, you may need to choose another one and retest your automations.

11. Fees, credits, and renewal

11.1 Fees, plan limits, AI credits, billing cycles, and renewal terms are set out in your order form, work order, or the plan you choose. If you have an MSA, it controls.

11.2 AI credits measure the AI processing your organization uses. Plans include a pool of credits for the subscription year. We show your usage in the Service and send alerts as you get close to your limit. If your credits run out, some AI features may slow down or pause until you add more or your plan renews.

11.3 Fees don't include taxes. If your organization is tax-exempt, please send us your exemption certificate.

11.4 Unless your agreement says otherwise, fees already paid are not refundable.

12. Beta and early-access features

We sometimes offer features marked beta, preview, or early access. They are optional, provided "as is" without any warranty or support commitment, and may change or be withdrawn at any time. Please don't rely on them for critical work.

13. Mobile apps

13.1 Our mobile apps are licensed to you, not sold, for use on devices you own or control, under these Terms.

13.2 If you download an app from the Apple App Store, you agree that these Terms are between you and Swix AI, not Apple. Apple is not responsible for the app, its maintenance or support, or any claims about it, and Apple may enforce these Terms as a third-party beneficiary. If you download from Google Play, Google Play's terms also apply to your download.

14. Our intellectual property

14.1 Swix AI and its licensors own the Service, including our software, designs, templates, documentation, and brand. These Terms give you a limited right to use the Service, not ownership of it.

14.2 Feedback. If you send us ideas or suggestions, we may use them without any obligation to you.

14.3 Website content. You may view, share links to, and use our website content and free tools for your own work. Please don't republish them as your own.

15. Copyright complaints

If you believe content on the Service infringes your copyright, please email info@swix.ai with your contact details, the work you believe was copied, where the material appears, a statement that you believe in good faith the use isn't authorized, a statement under penalty of perjury that your notice is accurate and that you own the rights or act for the owner, and your signature. We respond to valid notices under the Digital Millennium Copyright Act.

16. Confidentiality and public records

16.1 We treat Customer Data as confidential and use it only to provide the Service.

16.2 Many of our customers are public or publicly funded organizations. Nothing in these Terms stops a customer from complying with public records or freedom of information laws. If a customer receives a request covering our confidential or proprietary information, we ask that it let us know so we can respond or seek protection where the law allows.

17. Suspension and termination

17.1 We may suspend access if we reasonably believe it is needed to protect the Service, other customers, or the public, if these Terms are being broken, or if fees are significantly overdue. We will try to give notice first unless it would be unsafe or impractical.

17.2 You may stop using the Service at any time. Ending a paid subscription is governed by your order form or MSA.

17.3 Getting your data out. For 60 days after a subscription ends, we will make your organization's Customer Data available for export in a common, machine-readable format. After that, we delete it within a further 30 days, except for copies in routine backups that are overwritten on a rolling basis, or where the law requires us to keep them.

18. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DON'T PROMISE THAT THE SERVICE OR ANY OUTPUT WILL BE ACCURATE, UNINTERRUPTED, ERROR-FREE, OR SECURE. ANY WARRANTY IN A SIGNED MSA STILL APPLIES TO THAT CUSTOMER.

19. Limitation of liability

19.1 TO THE FULLEST EXTENT THE LAW ALLOWS, NEITHER SWIX AI NOR ITS OWNERS, EMPLOYEES, OR SUPPLIERS WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL.

19.2 OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS IS LIMITED TO THE FEES YOUR ORGANIZATION PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR ONE HUNDRED U.S. DOLLARS ($100) IF NO FEES WERE PAID.

19.3 If your organization has an MSA, the MSA's limitation of liability applies instead. Some places don't allow these limits, so they apply only as far as the law allows.

20. Indemnity

To the extent the law that applies to your organization allows, you agree to defend and indemnify Swix AI against third-party claims arising from your Customer Data, your use of Output, actions taken by agents and automations under your settings, or your breach of these Terms or the law. Public entities that are limited by law in giving indemnities are bound only as far as their law permits.

21. Disputes and governing law

21.1 Arizona law governs these Terms, without regard to conflict-of-law rules.

21.2 If a dispute comes up, please contact us first at info@swix.ai. We'll try in good faith to resolve it within 30 days, and then through non-binding mediation in Pima County, Arizona.

21.3 Disputes that aren't resolved that way will be decided by binding arbitration under the American Arbitration Association's Commercial Arbitration Rules, before one arbitrator, seated in Pima County, Arizona. Either party may go to the Superior Court for Pima County for urgent injunctive relief to protect intellectual property or confidential information, and we may go to court to collect unpaid fees.

21.4 Claims must be brought individually, not as part of a class or representative action.

21.5 If the law that applies to a public entity doesn't allow it to agree to arbitration, disputes with that entity will be heard in the Superior Court for Pima County, Arizona, unless that law requires a different venue.

22. Export controls and government use

22.1 You may not use the Service where U.S. export control or sanctions laws prohibit it, or if you are on a U.S. government restricted-party list.

22.2 For U.S. government users, the Service is a "commercial product" and commercial computer software, and users receive only the rights in these Terms.

23. Changes to the Service and these Terms

23.1 We improve the Service regularly, so features may change. We won't knowingly make material reductions to a paid subscription's core functionality during its term.

23.2 We may update these Terms. If a change is material, we will post it here with a new effective date and, if you have an account, tell you by email or in the Service. Continuing to use the Service after the change means you accept it. Changes to these Terms don't override a signed MSA.

24. General

24.1 These Terms, with the documents referred to in them, are the whole agreement about the Service for anyone without a signed MSA.

24.2 If any part of these Terms can't be enforced, the rest still applies. Not enforcing a term right away isn't a waiver of it.

24.3 You may not transfer these Terms without our written consent. We may transfer them as part of a merger, acquisition, or sale of assets.

24.4 Neither of us is responsible for delays caused by events outside our reasonable control.

24.5 Nothing in these Terms creates a partnership, agency, or employment relationship.

25. Contact

Swix AI, LLC

1846 E. Innovation Park Dr., Ste. 500

Oro Valley, AZ 85755

info@swix.ai