Terms of Service

Introduction

These Terms of Service ("Terms") are a legally binding agreement between you and Swfte ("Swfte," "we," "our," or "us"). By accessing or using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization and that "you" refers to that organization.

Products and Scope

The Services include, without limitation:

• Builder: no‑code orchestration to design, evaluate, version, and deploy AI workflows and agents
• Connect: integrations and connectors to third‑party systems, APIs, and data sources
• AvatarMe: AI avatar and media generation features
• OnboardPlus: onboarding/training experiences and content generation
• Embedded SDK and APIs: developer tools to embed and control agents/workflows
• Marketplace: a catalog of agents, templates, and integrations published by Swfte or third parties

Additional service‑specific terms may apply for certain plans or enterprise agreements.

Eligibility

You must be at least 18 years old, capable of forming a binding contract, and not barred from using the Services under applicable law. If you open an account on behalf of a company, the company is responsible for your compliance with these Terms.

Accounts and Security

• You must provide accurate account information and keep it current.
• You are responsible for safeguarding credentials, API keys, and access tokens and for all activity under your account.
• You must promptly notify us of any suspected unauthorized use or security incident.
• Team features (e.g., RBAC, SSO) may be available on certain plans; you are responsible for managing roles and permissions.

Subscription, Fees, and Taxes

• Pricing, plan limits, usage‑based charges (e.g., model tokens, compute, storage, or integration calls), and overages are described at the time of sign‑up or in your order.
• Unless stated otherwise, subscriptions renew automatically each billing cycle until canceled. You may cancel at any time; cancellations take effect at the end of the current term.
• Fees are non‑refundable except as required by law or expressly stated in these Terms.
• You are responsible for all applicable taxes, duties, and governmental charges (excluding Swfte’s income taxes). We may charge taxes when required by law.

Acceptable Use

You agree not to, and not to allow third parties to:

• violate any law, infringe intellectual property, privacy, or publicity rights, or submit unlawful content;
• probe, scan, or test the vulnerability of the Services or circumvent security or rate limits;
• interfere with or disrupt the Services, or attempt to access the Services or related systems without authorization;
• use the Services to create or distribute content that is deceptive, harmful, harassing, discriminatory, or that facilitates violence or illegal activities;
• submit or process highly regulated data (e.g., protected health information, payment card data) unless your plan expressly permits it and applicable agreements are in place;
• misrepresent outputs as human‑generated where disclosure is required by law or policy.

Customer Data and Generated Content

• "Customer Data" means data, prompts, inputs, files, configurations, and other content you provide to the Services.
• You retain ownership of Customer Data and (as between you and Swfte) of your outputs, subject to any third‑party model or data source terms that may apply.
• You grant Swfte a worldwide, non‑exclusive license to host, process, transmit, display, and otherwise use Customer Data and outputs solely to provide, maintain, secure, and improve the Services, including quality, safety, and analytics.
• We may generate and use de‑identified or aggregated data that does not identify you or your users to improve the Services and for analytics and benchmarking.
• You are solely responsible for the content, legality, and accuracy of Customer Data and for your use of outputs.

Third‑Party Services and Integrations (Connect)

• The Services may enable connections to third‑party products (e.g., Salesforce, Slack, databases, cloud services). Your use of third‑party services is governed by their own terms and privacy policies.
• You authorize Swfte to access and process data from such services as necessary to provide the integration. You may revoke access at any time, but revocation may disable related features.
• Swfte is not responsible for third‑party services, their availability, or changes to their APIs, pricing, or limits.

Service‑Specific Terms

Builder

• Builder allows you to design workflows, prompts, policies, and evaluations, and to deploy versions with rollouts and rollback controls. Logs, traces, and metrics may be collected to provide observability.
• You are responsible for testing and validating your workflows, guardrails, and downstream actions before production use.
• Builder is not designed for life‑critical or safety‑critical systems.

AvatarMe and OnboardPlus

• You must have all necessary rights and consents to use any names, likenesses, voices, or brand assets in generated media. You may not use the Services to create deceptive or unlawful impersonations or deepfakes.
• You are responsible for providing required notices to and obtaining consents from individuals featured in generated content and for complying with applicable employment, privacy, and publicity laws.
• We may watermark, label, or otherwise disclose AI‑generated media where appropriate or required.

Marketplace

• Items in the Marketplace may be offered by Swfte or third‑party publishers. Third‑party items are governed by the publisher’s terms in addition to these Terms. Swfte may review, remove, or disable items that violate policy or law.
• If you publish to the Marketplace, additional publisher terms apply. Swfte may collect fees and apply revenue share where applicable.

Trials, Beta, and Pre‑release Features

Trials and beta features are provided "as is" without commitments, may be modified or discontinued at any time, and may be subject to additional terms. Usage limits may apply.

Availability, Support, and Changes

• We aim to provide reliable Services with reasonable maintenance windows. For enterprise plans, availability or support commitments (if any) are described in your order or master agreement.
• We may modify features or update the Services to improve performance, security, or usability. If a change materially reduces core functionality, we will provide reasonable notice.

Intellectual Property; Feedback

• Swfte and its licensors retain all rights, title, and interest in and to the Services, including software, documentation, designs, and trademarks.
• Subject to these Terms and your plan limits, we grant you a limited, non‑exclusive, non‑transferable, revocable license to access and use the Services for your business purposes.
• If you provide feedback or suggestions, you grant Swfte a perpetual, irrevocable, worldwide, royalty‑free license to use it without restriction.

Confidentiality and Security

• Each party may receive non‑public information from the other. The receiving party will protect such information with reasonable care and use it only for purposes of these Terms.
• We implement administrative, technical, and physical safeguards designed to protect Customer Data. No method of transmission or storage is 100% secure, and we cannot guarantee absolute security.

Privacy

Our Privacy Policy describes how we collect, use, and disclose personal information. By using the Services, you consent to our processing consistent with the Privacy Policy. A Data Processing Addendum may be available for certain plans.

Term and Termination

• These Terms remain in effect while you access the Services.
• You may terminate by canceling your subscription and ceasing use. We may suspend or terminate for breach, security risk, non‑payment, or unlawful use.
• Upon termination, your access ends and we will delete or return Customer Data per our retention policies and applicable law. Certain sections survive termination.

Disclaimers

THE SERVICES AND ALL RELATED CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT OUTPUTS WILL BE ACCURATE, COMPLETE, OR ERROR‑FREE, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR SECURE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER SWFTE NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL. SUBJECT TO APPLICABLE LAW, SWFTE’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO SWFTE FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

Indemnification

You will defend, indemnify, and hold harmless Swfte and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from or relating to: (a) Customer Data or your outputs; (b) your use of the Services in violation of these Terms; (c) your violation of law or third‑party rights; or (d) your use of third‑party services.

Export and Compliance

You must comply with all applicable export control, sanctions, and anti‑corruption laws. You may not use the Services in or for the benefit of restricted countries or parties.

Dispute Resolution; Governing Law

These Terms are governed by the laws of Ireland, excluding its conflict of laws rules. Any dispute will be resolved through binding arbitration administered by the International Chamber of Commerce (ICC) under its Rules of Arbitration. The seat of arbitration will be Dublin, Ireland, and the language will be English. YOU AND SWFTE AGREE TO RESOLVE DISPUTES ONLY ON AN INDIVIDUAL BASIS, NOT IN A CLASS OR REPRESENTATIVE ACTION.

General

• Entire Agreement: These Terms, the Privacy Policy, and any order form comprise the entire agreement and supersede prior agreements on the subject.
• Changes: We may update these Terms. If updates are material, we will provide reasonable notice. Continued use after the effective date constitutes acceptance.
• Assignment: You may not assign these Terms without our consent; we may assign to an affiliate or in connection with a merger, acquisition, or sale of assets.
• Severability and Waiver: If any provision is unenforceable, the remainder remains in effect. Failure to enforce a provision is not a waiver.
• Force Majeure: Neither party is liable for delays or failures beyond its reasonable control.

Contact

Questions about these Terms?

• Email: legal@swfte.com
• Postal Address: Swfte, Inc. — Legal, 548 Market St, PMB 0000, San Francisco, CA 94104, USA (or your applicable contracting entity and address if specified in an order form)

By using the Services, you acknowledge that you have read and understood these Terms and agree to be bound by them.