Swiftly BETA

My Swiftly Inc. · Florida C-Corp · EIN 39-3679860 · Governing Law: Florida · Effective Date: May 3, 2026 · Last Updated: May 8, 2026 · Version 1.1

Terms of Service

These Terms of Service ("Terms") are a legally binding agreement between you and My Swiftly Inc. ("Swiftly", "we", "our", or "us"), a Florida C-Corporation (EIN 39-3679860), governing your access to and use of the Swiftly AI Platform and all related services (collectively, the "Platform"). By creating an account, accessing the Platform, or using any of our services, you confirm that you have read, understood, and agree to be bound by these Terms in full. If you are using the Platform on behalf of a business, you represent that you have authority to bind that entity to these Terms.

1. Account Eligibility

The Platform is available only to individuals who are 18 years of age or older. By creating an account you represent and warrant that you are at least 18 years old. You must confirm your age through an attestation checkbox at the time of registration. My Swiftly Inc. reserves the right to terminate any account determined to belong to a user under 18.

2. Platform Tiers

  • Swiftly Lift: One subaccount. Voice agents, chat agents, and SwiftStream video agents for use within the subscriber's own business only. Does not include white label capabilities, client billing infrastructure, or the SaaS Builder.
  • Swiftly Ascend: Unlimited subaccounts with manual account creation. All core agent types. Agents deployed under the Swiftly brand on behalf of clients. Does not include white label infrastructure, client subscription or direct payment processing through the Platform, or automated account creation.
  • Swiftly Apex: All Ascend features plus full white label infrastructure, the SaaS Builder enabling custom subscription packages and pricing, direct client payment acceptance through the operator's branded platform, automated account creation, and usage rebilling capabilities.

3. Account Registration and Responsibilities

You must provide accurate and complete information when creating your account and keep this information current. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify My Swiftly Inc. immediately at [email protected] if you suspect unauthorized access to your account. My Swiftly Inc. is not liable for any loss or damage arising from your failure to maintain account security.

4. Acceptable Use

4.1 Permitted Use

You may use the Platform for lawful business purposes consistent with your subscription tier and these Terms. Apex subscribers may create and operate a white label SaaS platform for their clients within the scope of this agreement and the Apex plan.

4.2 Prohibited Use

  • Cold calling or SMS messaging without prior express written consent from the recipient, in violation of the Telephone Consumer Protection Act (TCPA). TCPA compliance is the sole responsibility of the operator.
  • Robocalling or ringless voicemail blasting of any kind.
  • Political campaigns, political fundraising, get-out-the-vote operations, or any election or voter contact activity.
  • Adult or sexually explicit content of any kind.
  • Impersonation of real people, businesses, government agencies, or financial institutions.
  • Automated medical advice, diagnosis, or treatment recommendations.
  • Automated financial, investment, or securities advice.
  • Debt collection activities of any kind.
  • Scams, phishing, or the creation of deepfakes of identifiable persons.
  • Any activity that violates applicable federal, state, or local law or regulation.

4.3 SMS Compliance and 10DLC Registration

Operators sending SMS or MMS through the Platform to United States recipients are required to register the operator's brand and each messaging campaign under the carrier-mandated 10DLC framework before traffic may be sent. Operators are solely responsible for completing and maintaining 10DLC registration through Swiftly's onboarding workflow, keeping campaign use cases accurate, honoring opt-out keywords (STOP, QUIT, END, CANCEL, UNSUBSCRIBE), and complying with the CTIA Messaging Principles and Best Practices and applicable carrier policies. Operators sending to recipients in Canada must comply with CASL; operators sending to recipients in the European Economic Area or United Kingdom must comply with applicable GDPR, ePrivacy, and PECR requirements. Swiftly may suspend any account at any time for unregistered, miscategorized, or non-compliant messaging traffic, and may pass through any carrier fines assessed against Swiftly arising from operator non-compliance.

5. Data and AI Behavior

  • Swiftly may store, process, and analyze conversations, recordings, transcripts, and metadata to operate, maintain, secure, and improve the Platform.
  • Users are solely responsible for obtaining all required consents from end-users prior to recording, transcription, or AI processing of any interaction.
  • Users grant Swiftly a worldwide, royalty-free, non-exclusive license to use anonymized and aggregated data for product improvement.
  • Swiftly does not use customer content to train general-purpose foundation models. See the Privacy Policy for the full AI training disclosure.

6. Voice and Avatar Cloning

The Platform offers voice cloning and avatar (visual replica) cloning features that produce synthetic media depicting an identifiable individual. These features are subject to the following operator obligations, in addition to Section 4.2:

  • Subject consent and release. Operators may upload voice or likeness samples for cloning only where the depicted individual has provided informed, written consent to the creation, storage, and synthetic reproduction of their voice or likeness for the operator's specific use cases. Operators must retain documentation of that consent and produce it to Swiftly on request.
  • Disclosure to interactors. Where required by law, including but not limited to California AB 730/AB 2839, Texas SB 751, applicable election deepfake statutes, and any future right-of-publicity legislation, operators must clearly disclose to end-users that they are interacting with a synthetic voice or avatar.
  • Prohibited subjects. Operators may not clone the voice or likeness of any individual without their consent, any minor, any deceased person without estate authorization, any public official in connection with election or voter contact activity, or any individual where the resulting synthetic media is intended to defame, harass, sexually exploit, or commit fraud.
  • Operator indemnity. Operators bear sole responsibility and liability for claims by clone subjects, including claims for violation of right of publicity, defamation, false light, copyright infringement, or violation of biometric statutes, and shall indemnify Swiftly per Section 16.

7. Beta Features

Swiftly may offer features designated as "beta", "preview", "experimental", or similar (collectively, "Beta Features"). Beta Features are provided as-is, without warranty of any kind, may be modified or discontinued at any time, and may have lower reliability and availability than generally available Platform features. Swiftly's service level commitments in Section 11 do not apply to Beta Features. Use of Beta Features is voluntary; the operator assumes all risk of any data loss, cost, or business impact arising from Beta Feature use.

8. Third-Party Integrations

The Platform relies on third-party providers including but not limited to providers of voice synthesis, video generation, telephony, payment processing, and language model inference. Swiftly may add, remove, or substitute providers at any time. A current Subprocessor List is maintained at swiftly.ai/subprocessors and may be updated without amending these Terms. Your use of any integration is subject to the applicable third-party terms of service in addition to these Terms.

9. Payment Terms

9.1 Refund Policy

  • Monthly plans: No refunds. Cancellation takes effect at the end of the current paid period with access continuing through that date.
  • 6-month commitment plans: No refunds on any payment made under a 6-month commitment agreement.
  • Annual plans: No refunds.
  • Lifetime access and Founder's Circle: A 7-day refund window applies only if (a) fewer than 5 agent sessions have been used and (b) no voice clone or avatar clone has been created on the account. Both conditions must be satisfied.
  • Credits and usage packs: Non-refundable, non-transferable, and do not expire.

9.2 Chargebacks

  • Filing a chargeback or payment dispute with your bank or card issuer triggers immediate suspension of your account and freezing of all associated subaccounts pending resolution of the dispute.
  • Any affiliate commissions earned by or attributed to the account holder are subject to immediate clawback upon initiation of a chargeback.
  • After a dispute resolves, regardless of outcome, the account holder 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.
  • Filing a chargeback while retaining access to the Platform constitutes fraud under 18 U.S.C. § 1029.

9.3 Payment Processing

All payments are processed through Stripe. By providing payment information you authorize My Swiftly Inc. to charge your payment method for applicable fees on the billing schedule associated with your plan. You are responsible for keeping payment information current. Failed payments may result in suspension of Platform access. Price changes will be communicated with 30 days notice and do not affect the current billing period.

9.4 Affiliate Payouts and International Wire Fees

Affiliate and partner commission payouts are governed by the Affiliate Agreement. The standard and required payout method for all users is Stripe Connect Express. Where Stripe Connect is unavailable in a user's country or a user's Stripe Connect application has been rejected by Stripe, My Swiftly Inc. may, at its sole discretion, offer an international wire payout from its business bank as a last-resort fallback. International wires carry a fixed $20 USD originating bank fee deducted from each payout, and a $50 USD minimum payout threshold; balances under $50 USD roll over to subsequent payout cycles. Any intermediary bank, correspondent bank, or receiving bank fees charged on the user's side are the user's sole responsibility. International wire is not a user-selectable option — it is offered only where Stripe Connect cannot work. Submission of a signed IRS Form W-8BEN or W-8BEN-E (as applicable) is required before any international wire payout will be issued.

10. Uptime and Service Levels

  • Lift tier: No uptime guarantee. The Platform is offered on an as-available basis.
  • Ascend and Apex tiers: An optional 99.5% monthly uptime SLA is available. In the event of a verified breach, service credits are the sole and exclusive remedy.
  • My Swiftly Inc. is not liable for consequential, indirect, incidental, special, or punitive damages including lost profits, lost leads, lost data, or business interruption arising from Platform unavailability or any other cause.
  • Total liability to any user for any claim arising from these Terms or use of the Platform is capped at the lesser of $500 USD or the total fees paid by the user in the three months preceding the claim.
  • Force majeure: My Swiftly Inc. is not liable for unavailability caused by events outside its reasonable control including third-party vendor outages, natural disasters, cyberattacks, internet infrastructure failures, or government actions.

11. White Label Rights — Apex Only

Apex subscribers receive a limited, non-exclusive, non-transferable license to brand the Platform under their own business identity for the purpose of delivering AI agent services to clients. This license does not include the right to represent the underlying technology as proprietary to the subscriber, to sublicense white label rights to clients or third parties, or to use the My Swiftly Inc. name, brand, logo, or trademarks without prior written consent. My Swiftly Inc. retains all intellectual property rights in the Platform and its underlying technology. Apex subscribers operating a white label instance must publish their own terms of service and privacy policy governing their relationship with their end-clients, no less protective than these Terms and the Swiftly Privacy Policy.

12. Data Ownership

You retain ownership of all content, configurations, and data you upload to or create on the Platform. By using the Platform you grant My Swiftly Inc. a limited license to process your data as necessary to provide the services described in these Terms. My Swiftly Inc. may use aggregated and anonymized data derived from Platform usage to improve the Platform and its underlying models. Identifiable user data will not be used for purposes outside of service delivery without your explicit consent.

13. Intellectual Property and DMCA

The Platform, including all software, models, voice and video synthesis outputs licensed by Swiftly's subprocessors, brand assets, and documentation, is the exclusive property of My Swiftly Inc. or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. Except for the licenses expressly granted in these Terms, no rights in the Platform are conveyed to the user.

Swiftly responds to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C. § 512. Notices may be sent to our designated agent:

DMCA Designated Agent
My Swiftly Inc.
Email: [email protected]
Notice must include the elements required by 17 U.S.C. § 512(c)(3), including identification of the infringed work, identification of the infringing material with URL, claimant contact information, a good-faith statement, a statement under penalty of perjury, and the claimant's physical or electronic signature. Counter-notices may be sent to the same address. Swiftly maintains a repeat-infringer policy and will terminate the accounts of users determined to be repeat infringers.

14. Termination

You may cancel your subscription at any time through account settings. Cancellation takes effect at the end of the current billing period with access continuing through that date. My Swiftly Inc. reserves the right to suspend or terminate any account immediately and without notice for violation of these Terms, non-payment of fees, filing of a chargeback or payment dispute, fraudulent or abusive conduct, or where required by applicable law. Upon termination, access to the Platform ceases immediately and data is handled in accordance with the Privacy Policy.

15. Disclaimer of Warranties

The Platform is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. My Swiftly Inc. does not warrant that the Platform will be uninterrupted, error-free, or free of harmful components. AI agents generate responses based on operator configurations and underlying models. My Swiftly Inc. does not guarantee the accuracy, completeness, or appropriateness of any AI-generated output. Operators are solely responsible for the configuration, deployment, and outputs of agents on their accounts.

16. Indemnification

You agree to defend, indemnify, and hold harmless My Swiftly Inc. and its officers, directors, employees, agents, subprocessors, and licensors from and against any and all claims, demands, suits, proceedings, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

  • Your use of or access to the Platform, including any content, configuration, or data you upload, generate, or transmit through the Platform;
  • Your violation of these Terms, including the prohibited uses set forth in Section 4.2 and the SMS compliance obligations in Section 4.3;
  • Your violation of any law or regulation, including the TCPA, CAN-SPAM, CASL, GDPR, CPRA, FDCPA, FCRA, HIPAA, and applicable state biometric privacy statutes;
  • Any claim arising from voice or avatar clones created on your account, including claims for violation of right of publicity, defamation, false light, or copyright infringement;
  • Your violation of any third-party right, including any right of privacy, publicity, or intellectual property right;
  • Any claim by an end-user of an agent you deployed, including claims arising from operator failure to obtain consent under Section 5;
  • For Apex operators only: any claim by your white-labeled clients or their end-users arising from your operation of the white-labeled instance.

Swiftly reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Swiftly, in which case you agree to cooperate with Swiftly's defense of that claim. You agree not to settle any matter without the prior written consent of Swiftly.

17. Export Controls and Sanctions

You represent and warrant that (a) you are not located in, under the control of, or a national or resident of any country subject to United States embargo or designated by the U.S. government as a "terrorist-supporting" country; (b) you are not on the U.S. Department of the Treasury Office of Foreign Assets Control (OFAC) Specially Designated Nationals List, the U.S. Department of Commerce Denied Persons List or Entity List, or any other restricted-party list maintained by the U.S. or any other applicable jurisdiction; and (c) you will not use the Platform in violation of any U.S. or foreign export control or sanctions law. Swiftly reserves the right to suspend or terminate any account it determines, in its sole discretion, may cause Swiftly to be in violation of such laws.

18. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Florida without regard to conflict of law provisions. Any dispute arising from or relating to these Terms or the Platform 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. You expressly waive any right to participate in or bring class action litigation or class-wide arbitration against My Swiftly Inc. Either party may seek emergency injunctive relief in a court of competent jurisdiction in Orange County, Florida for matters involving intellectual property or imminent irreparable harm.

19. General Provisions

  • Entire agreement. These Terms, together with the Privacy Policy, the 6-Month Commitment Agreement (where applicable), the Referral Partner Agreement (where applicable), and any order form or plan-specific addendum, constitute the entire agreement between you and My Swiftly Inc. regarding the Platform and supersede all prior or contemporaneous agreements, communications, and proposals on the subject.
  • Severability. If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall 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 these Terms shall operate as a waiver of that right.
  • Assignment. You may not assign these Terms or any rights or obligations under them without the prior written consent of My Swiftly Inc. My Swiftly Inc. may assign these Terms in connection with a merger, acquisition, financing, or sale of all or substantially all of its assets without consent.
  • Notices. Notices to you may be sent to the email address associated with your account or posted within the Platform. Notices to My Swiftly Inc. must be sent to [email protected].
  • Survival. The provisions that by their nature should survive termination — including Sections 9 (Payment Terms), 12 (Data Ownership), 13 (Intellectual Property and DMCA), 15 (Disclaimer of Warranties), 16 (Indemnification), 18 (Governing Law and Dispute Resolution), and this Section 19 — survive termination.
  • Electronic signature and acceptance. By creating an account or otherwise accepting these Terms electronically, you agree that your electronic acceptance has the same legal force and effect as a handwritten signature under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN), the Uniform Electronic Transactions Act, and equivalent law in your jurisdiction.
  • Independent contractors. The parties are independent contractors. Nothing in these Terms creates an employment, agency, joint venture, franchise, or partnership relationship.
  • Headings. Section headings are for reference only and do not affect interpretation.

20. Changes to These Terms

My Swiftly Inc. reserves the right to update these Terms at any time. Material changes will be communicated by email to the address on file and by posting an updated version at swiftly.ai/terms with a revised effective date. Continued use of the Platform following the effective date of any material change constitutes acceptance of the updated Terms.

21. Contact

For questions about these Terms or to report a violation:

My Swiftly Inc.
Legal inquiries: [email protected]
Support: [email protected]
DMCA: [email protected]
Website: swiftly.ai