6-Month Commitment Agreement
This 6-Month Commitment Agreement ("Agreement") governs the discounted subscription rate available to customers of My Swiftly Inc. ("Swiftly", "we", "our", or "us"), a Florida C-Corporation (EIN 39-3679860), who commit to six consecutive monthly payments on the Swiftly AI Platform. By selecting a 6-month plan and completing your purchase, you confirm that you have read, understood, and agree to all terms set out in this Agreement. This Agreement is in addition to and subject to Swiftly's Terms of Service and Privacy Policy.
1. The Discounted Rate
In exchange for a contractual commitment to six consecutive monthly payments, My Swiftly Inc. offers the following discounted rates. The discounted rate is locked for the full 6-month term from the subscription start date. My Swiftly Inc. will not increase the rate during the active commitment period.
| Plan | 6-Month Rate | Standard M2M Rate | Monthly Savings |
|---|---|---|---|
| Swiftly Lift | $77.00 / mo | $97.00 / mo | $20.00 / mo |
| Swiftly Ascend | $247.00 / mo | $297.00 / mo | $50.00 / mo |
| Swiftly Apex | $397.00 / mo | $497.00 / mo | $100.00 / mo |
2. Billing
- The 6-month subscription is billed on a monthly basis, not as a prepaid lump sum.
- The first payment is due immediately upon enrollment and is charged at the time of purchase.
- Subsequent payments are automatically charged to the payment method on file on the same calendar date each month for five additional months.
- By enrolling in this plan you authorize My Swiftly Inc. to charge your payment method for all six monthly payments at the applicable discounted rate as set out in Section 1.
- All payments are processed through Stripe. You are responsible for keeping your payment information current throughout the commitment period.
3. Cancellation
- Cancellation may be initiated at any time through your account settings with no financial penalty or early termination fee.
- Upon cancellation, access to the Platform continues through the end of the most recently paid monthly period.
- No refund is issued for any payment already made under this Agreement.
- All future scheduled monthly payments are automatically cancelled upon cancellation.
- Upon cancellation before completion of the full 6-month term, the subscriber permanently loses eligibility for the 6-month discounted rate for a period of 12 months from the date of cancellation.
- If the subscriber resubscribes within 12 months of cancellation, they may only do so at the then-current standard month-to-month rate: Lift $97.00 per month, Ascend $297.00 per month, Apex $497.00 per month.
- After 12 months from the cancellation date, the subscriber becomes eligible for the 6-month discounted rate again if the option is offered at that time.
- Subscribers may return to month-to-month pricing at any time following cancellation with no restriction beyond the 12-month cooldown on 6-month plan eligibility.
4. Chargebacks and Payment Disputes
- By enrolling in this 6-month plan, you explicitly authorize all six monthly charges as described in Section 2 and acknowledge that each charge represents payment for services actively made available to you during that billing period.
- Initiating a chargeback, payment dispute, or reversal with your bank or card issuer for any charge made in accordance with this Agreement constitutes a material breach of this Agreement.
- Filing a chargeback while retaining access to the Platform constitutes fraud under 18 U.S.C. § 1029.
- A chargeback filing triggers immediate suspension of the subscriber's account and freezing of all associated subaccounts pending resolution of the dispute.
- After dispute resolution, regardless of outcome, the subscriber's account is permanently banned. The associated email address, IP address, and payment method are added to a permanent blocklist.
- Chargebacks in excess of $500 USD will be referred to a third-party collections agency.
- Subscribers with legitimate billing concerns must contact [email protected] before initiating any dispute with their financial institution. My Swiftly Inc. will work in good faith to resolve valid billing issues promptly.
5. Failed Payments
- In the event of a failed monthly payment, My Swiftly Inc. will attempt to collect payment up to three times over a 7-day grace period.
- The subscriber will be notified by email of any failed payment and given the opportunity to update their payment method before the grace period expires.
- If payment is not successfully collected within 7 days of the original due date, the account may be suspended and access to the Platform may be restricted until payment is resolved.
- A payment failure that results in account suspension constitutes a break in the commitment term. The 6-month discounted rate is forfeited if the payment failure is not resolved within the 7-day grace period, and the account reverts to standard month-to-month pricing upon reinstatement.
6. After the 6-Month Term
- At the conclusion of the 6-month commitment period, the subscription automatically continues on a month-to-month basis at the standard monthly rate then in effect, unless the subscriber cancels before the 7th billing date.
- My Swiftly Inc. will provide a reminder email to the address on file no fewer than 14 days before the commitment period ends, notifying the subscriber of the upcoming transition to month-to-month billing and the applicable standard rate.
- The subscriber may cancel before the 7th billing date with no further obligation, or elect to enter a new 6-month commitment if the option is available at that time.
- Continued use of the Platform past the 7th billing date without cancellation constitutes acceptance of the transition to month-to-month billing at the applicable standard rate.
7. Platform Modifications
My Swiftly Inc. reserves the right to add, modify, or remove Platform features during the commitment term. Material removal of core functionality essential to the subscriber's subscription tier will be communicated with a minimum of 30 days advance notice by email. Minor updates, improvements, interface changes, and the addition of new features do not constitute material modifications and do not affect the subscriber's commitment obligations.
8. Account Pause and Freeze
The 6-month commitment plan does not include the ability to pause or freeze the subscription. The commitment term runs for six consecutive billing cycles from the subscription start date, and credits, agent sessions, or unused capacity from one cycle do not roll forward into a subsequent cycle. Subscribers anticipating extended non-use should evaluate the standard month-to-month plan instead.
9. Taxes and Fees
All rates set out in Section 1 are exclusive of any sales, use, value-added, goods-and-services, or similar taxes (collectively, "Taxes") imposed by any taxing authority on the sale of subscription services. Where Swiftly is required to collect Taxes, those Taxes will be added to the subscriber's invoice and charged in addition to the applicable monthly rate. Subscribers in jurisdictions that impose value-added tax (VAT) or goods-and-services tax (GST) on cross-border digital services are responsible for providing a valid tax identification number where applicable; in the absence of a valid number, Swiftly will charge the standard rate of the applicable jurisdiction. Bank fees, currency-conversion fees, and similar charges assessed by the subscriber's payment provider are the responsibility of the subscriber and do not reduce the amount owed under this Agreement.
10. Force Majeure
Neither party will be liable for any failure or delay in performance under this Agreement (other than the obligation to make payments under Section 2) caused by an event outside the party's reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, civil disturbance, government action, labor disputes, internet or telecommunications failures, third-party subprocessor outages, or cyberattacks. The affected party will use reasonable efforts to mitigate the impact and resume performance as soon as practicable.
11. Governing Law
This Agreement is governed by the laws of the State of Florida without regard to conflict of law provisions. Any dispute arising from or relating to this Agreement shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, held in Orange County, Florida. Arbitration shall be conducted on an individual basis only. Subscribers waive any right to participate in class action litigation or class-wide arbitration against My Swiftly Inc.
12. General Provisions
- Entire agreement. This Agreement, together with the Terms of Service and Privacy Policy, constitutes the entire agreement between you and My Swiftly Inc. with respect to the 6-month commitment plan and supersedes all prior or contemporaneous understandings on the subject.
- Order of precedence. If a conflict arises between this Agreement and the Terms of Service with respect to billing, cancellation, or chargebacks during the active commitment period, the terms of this Agreement control.
- Severability. If any provision is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or, if not possible, severed; the remaining provisions remain in full force and effect.
- No waiver. No failure or delay by My Swiftly Inc. in exercising any right under this Agreement shall operate as a waiver of that right.
- Assignment. Subscribers may not assign this Agreement without the prior written consent of My Swiftly Inc. My Swiftly Inc. may assign this Agreement in connection with a merger, acquisition, financing, or sale of all or substantially all of its assets without consent.
- Notices. Notices to the subscriber may be sent to the email address associated with the account or posted within the Platform. Notices to My Swiftly Inc. must be sent to [email protected].
- Electronic acceptance. By completing checkout for a 6-month plan, the subscriber agrees that the click-through acceptance of this Agreement and the corresponding billing authorization in Section 2 have the same legal force and effect as a handwritten signature under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN) and the Uniform Electronic Transactions Act.
- Survival. Sections 3 (Cancellation, including the 12-month cooldown), 4 (Chargebacks), 9 (Taxes and Fees), 11 (Governing Law), and this Section 12 survive termination of this Agreement.
13. Acknowledgment
By completing the 6-month plan purchase, the subscriber confirms and acknowledges all of the following. They have read this Agreement in full and understand its terms. They authorize all six monthly payments as described in Section 2. They understand that no refund is available on any payment made under this Agreement. They understand that early cancellation results in a 12-month cooldown on 6-month plan eligibility and that resubscription within 12 months is at standard month-to-month pricing. They acknowledge that each monthly payment is for services actively made available to them during that billing period. They agree that filing a chargeback for services rendered under this Agreement constitutes fraud under 18 U.S.C. § 1029 and a material breach of this Agreement.
14. Contact
For billing questions, cancellation requests, or to report a payment issue before filing a dispute:
My Swiftly Inc.
Billing support: [email protected]
Legal: [email protected]
Website: swiftly.ai