Terms of Service

Agreement to These Terms

These Terms of Service (the “Terms”) are a binding agreement between you and SwiftWorks Technology LLC (“SwiftWorks,” “we,” “us,” or “our”). They govern your use of:

• our website at swiftworks.tech (the “Site”);
• the software applications, integrations, automations, AI agents, portals, and related tools we provide or operate, including applications that connect to third-party platforms such as Intuit QuickBooks Online (together, the “Applications”); and
• our text messaging (SMS/MMS) programs.

Together, these are the “Services.” For any software Application, these Terms also serve as our End User License Agreement (“EULA”).

By using any Service, connecting a third-party account to an Application, or checking a box or clicking a button that references these Terms, you agree to these Terms and to our Privacy Policy. If you use the Services on behalf of a company or other organization, you confirm that you have authority to bind that organization, and “you” includes it. If you do not agree, do not use the Services.

Eligibility and Accounts

You must be at least 18 years old and able to form a binding contract to use the Services. The Services are intended for business use.

If an Application requires an account, credentials, or authorization, you are responsible for:

• keeping that information accurate;
• keeping your credentials confidential;
• making sure only authorized personnel use your access; and
• all activity under your account.

Tell us right away at the contact information below if you suspect unauthorized access.

Software License (EULA)

Subject to these Terms and any applicable Client Agreement, SwiftWorks grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Applications. This license covers only your internal business purposes, for as long as you are authorized to use them.

SwiftWorks, and not any third-party platform provider (such as Intuit Inc.), is the licensor of the Applications. SwiftWorks is solely responsible for the Applications and their support and maintenance.

You may not, and may not allow anyone else to:

• copy, modify, or create derivative works of the Applications;
• reverse engineer, decompile, or disassemble the Applications, or try to derive their source code, except where applicable law expressly permits it;
• sell, rent, lease, sublicense, distribute, or offer the Applications to third parties as a service bureau;
• bypass or interfere with security, authentication, rate limits, or access controls;
• use the Applications to access data you are not authorized to access;
• use the Applications to build a competing product; or
• remove any proprietary notices.

All rights not expressly granted are reserved by SwiftWorks.

Third-Party Platforms and Integrations

Some Applications connect to third-party platforms you choose to authorize. Examples include Intuit QuickBooks Online, Microsoft 365, RingCentral, and professional services automation or ticketing tools (each a “Third-Party Platform”).

• Your authorization. When you connect a Third-Party Platform, usually through a secure OAuth sign-in, you authorize SwiftWorks to access, retrieve, and, where the Application’s function requires it, create or update data in that platform on your behalf. This access is limited to the scopes you approve, and only to provide the functionality you requested.
• Disconnecting. You may disconnect an Application at any time from within the Third-Party Platform (for QuickBooks, through your QuickBooks Online app settings) or by contacting us. After you disconnect, we stop accessing that account and handle previously retrieved data as described in our Privacy Policy.
• Third-party terms. Your use of each Third-Party Platform remains subject to that provider’s own terms and privacy policy. SwiftWorks does not control Third-Party Platforms and is not responsible for their availability, accuracy, changes to their interfaces, or acts and omissions.
• No affiliation. Third-Party Platform names and logos are trademarks of their respective owners. Intuit and QuickBooks are trademarks of Intuit Inc. Reference to them does not mean those companies sponsor or endorse SwiftWorks. Intuit Inc. is not a party to these Terms and has no obligation to provide support for the Applications.

Your Data

“Customer Data” means data you or your authorized users submit to the Services, or that the Services retrieve from your connected Third-Party Platforms. Examples include accounting, invoice, customer, vendor, ticket, and contact records.

• Ownership. As between you and SwiftWorks, you own your Customer Data.
• Limited use. You grant SwiftWorks a limited license to host, process, transmit, and display Customer Data solely to provide, secure, support, and improve the Services for you, and as required by law. We do not sell Customer Data. We do not use it to advertise to you or others. We do not share one customer’s data with another customer.
• Your responsibilities. You are responsible for the accuracy and legality of Customer Data. You are also responsible for having the rights and consents needed for us to process it, including consents from individuals whose information appears in your records.
• Retrieval and deletion. When your access ends, you may request export of Customer Data we hold for 30 days. After that, we delete or de-identify it within a reasonable period, except where retention is legally required or a Client Agreement provides otherwise.

AI-Assisted Features

Some Services use artificial intelligence and automation to summarize, categorize, draft, reconcile, route, or recommend actions.

AI-generated output can be incomplete or inaccurate. You are responsible for reviewing output before you rely on it, especially before:

• posting or approving financial transactions;
• sending communications; or
• making business decisions.

Unless a Client Agreement expressly says otherwise, the Services do not provide accounting, tax, legal, or financial advice. They are not a substitute for a qualified professional.

SMS / Text Messaging Terms

SwiftWorks Technology operates a text messaging program for its clients, prospective clients, and job applicants (the “SMS Program”). These SMS terms apply whenever you opt in to receive text messages from SwiftWorks.

Types of messages

If you consent to receive text messages from SwiftWorks Technology, you agree to receive:

• customer care and conversational messages responding to your requests;
• service and support notifications, such as ticket updates, scheduled maintenance, outage and security alerts, and technician arrival notices;
• appointment and meeting reminders;
• account and billing notifications; and
• for job applicants, updates about your application status and onboarding.

We will send marketing or promotional texts only if you separately and expressly opt in to receive them.

How you opt in

You may opt in in several ways:

• by checking an unchecked SMS consent box on one of our web forms;
• by texting us first; or
• by giving verbal or written consent to a SwiftWorks representative, which we record.

Consent to receive text messages is not a condition of purchasing any goods or services.

• Carriers. Mobile carriers are not liable for delayed or undelivered messages. Delivery is not guaranteed.
• Your number. You confirm that you are the account holder or an authorized user of the mobile number you provide. If you change or give up that number, notify us or reply STOP from it.
• Privacy. Your mobile information is handled under our Privacy Policy. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes, and SMS opt-in data and consent will not be shared with any third parties.

Acceptable Use

You agree not to use the Services to:

• violate any law or third-party right;
• transmit malware or harmful code;
• send spam or unsolicited messages;
• attempt to gain unauthorized access to any system or data;
• probe or test the vulnerability of the Services without our written permission;
• overload or disrupt the Services; or
• misrepresent your identity or affiliation.

Fees

Access to the Site is free. Fees for Applications and other Services, if any, are set out in the applicable Client Agreement, quote, or order form, and are governed by its payment terms.

Intellectual Property and Feedback

The Services and the Site, including software, designs, text, graphics, logos, and trademarks, are owned by SwiftWorks or its licensors and are protected by intellectual property laws.

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

Security

We use reasonable administrative, technical, and physical safeguards designed to protect the Services and Customer Data. These include:

• encryption in transit (TLS 1.2 or higher);
• encryption of stored authorization tokens;
• role-based access controls; and
• monitoring.

No system is perfectly secure. You are responsible for securing your own devices, accounts, and networks.

Support

SwiftWorks provides all customer and technical support for the Applications.

Contact us at sales@swiftworks.tech or (855) 492-2825, Monday through Friday, 8:00 a.m. to 6:00 p.m. Central Time. Support for managed clients is governed by their Client Agreement.

Suspension and Termination

You may stop using the Services and disconnect any Application at any time.

We may suspend or end your access to any Service immediately if:

• you breach these Terms;
• your use creates a security or legal risk;
• a Third-Party Platform revokes or restricts our access; or
• we discontinue the Service.

When access ends, your license ends, and Customer Data is handled as described in “Your Data” above. Sections that by their nature should survive termination will survive.

Disclaimers

To the maximum extent permitted by law, the Services are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory. This includes warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and uninterrupted or error-free operation.

Some jurisdictions do not allow certain warranty exclusions, so some of these exclusions may not apply to you.

Limitation of Liability

To the maximum extent permitted by law, SwiftWorks and its owners, officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages. This includes lost profits, revenue, data, or goodwill, even if we were advised of their possibility.

Our total liability for all claims relating to the Services will not exceed the greater of (a) the amounts you paid SwiftWorks for the specific Service giving rise to the claim during the 12 months before the claim, or (b) one hundred U.S. dollars (US $100).

These limits do not apply where prohibited by law. If you have a Client Agreement, its liability terms govern the services it covers.

Indemnification

You agree to defend, indemnify, and hold harmless SwiftWorks and its owners, officers, and employees from third-party claims, losses, and expenses, including reasonable attorneys’ fees, arising from:

• your misuse of the Services;
• your Customer Data; or
• your violation of these Terms or applicable law.

Governing Law and Disputes

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law rules.

Any dispute will be brought exclusively in the state or federal courts located in Escambia County, Florida, and you consent to their jurisdiction. Before filing a claim, each party agrees to try in good faith to resolve the dispute informally for at least 30 days after written notice.

Changes to These Terms

We may update these Terms from time to time. We will post the updated version on this page and revise the “Last updated” date. If changes are material, we will provide reasonable notice, for example by email or a notice on the Site.

Your continued use of the Services after changes take effect means you accept them.

General

These Terms, together with our Privacy Policy and any Client Agreement, are the entire agreement between you and SwiftWorks regarding the Services.

• If any provision is found unenforceable, the rest remains in effect.
• Our failure to enforce a provision is not a waiver.
• You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Neither party is liable for delays caused by events beyond its reasonable control.

Contact Us

Questions about these Terms can be sent to:

See also: Privacy Policy