Terms of Service

1. Agreement to Terms

By accessing or using Swytch Elevate CRM (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not access the Service.

These Terms apply to all visitors, users, and others who access or use the Service, including but not limited to businesses, agencies, and individual users.

2. Description of Service

Swytch Elevate CRM is a comprehensive customer relationship management platform that provides:

• Contact management and CRM tools
• Email and SMS marketing campaigns
• Social media management and scheduling
• AI-powered content generation and lead scoring
• Automation workflows and triggers
• Calendar and appointment booking
• Forms and lead capture tools
• Analytics and reporting
• Team collaboration features (Enterprise plans)
• White-label branding (Enterprise plans)

3. Account Registration

To use the Service, you must:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Be at least 18 years of age or the age of majority in your jurisdiction
• Not use the Service for any illegal or unauthorized purpose
• Accept all responsibility for activity that occurs under your account

You agree to notify us immediately of any unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to comply with these security obligations.

4. Subscription Plans and Billing

4.1 Subscription Tiers

We offer multiple subscription plans:

• Free Plan: Limited features with basic CRM functionality
• Business Plan: Enhanced features for growing businesses
• Premium Plan: Advanced features including social media and AI credits
• Enterprise Plan: Full feature access with white-labeling and multi-user support

4.2 AI Credits

AI features consume credits. Credits are included with Premium and Enterprise plans and reset monthly. Additional credits can be purchased separately. Credits do not expire unless your subscription is canceled.

4.3 Payment Terms

• All fees are billed in advance on a monthly basis
• Payment is processed through Stripe, our secure payment processor
• Subscriptions automatically renew unless canceled
• You authorize us to charge your payment method for all fees
• Price changes will be communicated 30 days in advance
• No refunds for partial months or unused features

4.4 Cancellation

You may cancel your subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of the current billing period. You will retain access to paid features until the end of the billing period.

4.5 Free Trial

If applicable, free trial terms will be specified at the time of signup. At the end of the trial period, your account will automatically convert to a paid subscription unless canceled.

5. Acceptable Use Policy

You agree not to use the Service to:

• Violate any laws, regulations, or third-party rights
• Send spam, unsolicited messages, or violate anti-spam laws (CAN-SPAM, GDPR, etc.)
• Distribute malware, viruses, or harmful code
• Engage in fraudulent, deceptive, or misleading practices
• Harass, abuse, threaten, or intimidate others
• Impersonate any person or entity
• Collect or harvest personal information without consent
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any systems
• Use automated systems (bots, scrapers) without permission
• Resell or redistribute the Service without authorization
• Use the Service for any illegal or unethical purpose

Violation of this policy may result in immediate account suspension or termination without refund.

6. CAN-SPAM and Email Compliance

When using our email marketing features, you must:

• Obtain proper consent before adding contacts to email lists
• Include accurate sender information in all emails
• Provide a clear and functional unsubscribe mechanism
• Honor unsubscribe requests within 10 business days
• Not use misleading subject lines or deceptive content
• Comply with CAN-SPAM Act, GDPR, CASL, and other applicable laws

You are solely responsible for compliance with email marketing laws. We may suspend accounts that violate these requirements.

7. Content and Data Ownership

7.1 Your Content

You retain all rights to the content and data you upload, create, or store in the Service ("Your Content"). You grant us a license to use, store, and process Your Content solely to provide and improve the Service.

7.2 AI-Generated Content

Content generated by our AI features belongs to you. You are responsible for reviewing, editing, and ensuring the accuracy and appropriateness of AI-generated content before use.

7.3 Our Content

The Service, including its original content, features, functionality, and branding, is owned by Swytch Elevate CRM and is protected by copyright, trademark, and other intellectual property laws.

8. Third-Party Integrations

The Service integrates with third-party platforms including social media networks, email providers, SMS services, and payment processors. Your use of these integrations is subject to their respective terms of service and privacy policies. We are not responsible for the practices or content of third-party services.

9. Data Backup and Security

While we implement security measures and perform regular backups:

• You are responsible for maintaining your own backups of critical data
• We are not liable for data loss due to your actions or third-party failures
• Backup export features are available in your account settings
• We recommend regular exports of your contact and campaign data

10. Service Availability

We strive to provide reliable service but do not guarantee 100% uptime. The Service may be unavailable due to maintenance, updates, or circumstances beyond our control. We are not liable for any losses or damages resulting from service interruptions.

11. Limitation of Liability

To the maximum extent permitted by law:

• The Service is provided "as is" without warranties of any kind
• We are not liable for indirect, incidental, or consequential damages
• Our total liability is limited to the amount you paid in the past 12 months
• We are not responsible for your use of the Service or content you create
• We are not liable for third-party services, integrations, or actions

12. Indemnification

You agree to indemnify and hold harmless Swytch Elevate CRM, its affiliates, and service providers from any claims, damages, losses, or expenses arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

13. Account Termination

We reserve the right to suspend or terminate your account:

• For violation of these Terms or Acceptable Use Policy
• For non-payment of fees
• For conduct that harms the Service or other users
• At our discretion with or without cause

Upon termination, your access will cease, and your data may be deleted after a grace period. We recommend exporting your data before cancellation.

14. Modifications to Terms

We may modify these Terms at any time. We will notify you of material changes via email or through the Service. Continued use of the Service after changes constitutes acceptance of the modified Terms.

15. Governing Law and Disputes

These Terms are governed by the laws of the State of Connecticut, United States, without regard to conflict of law provisions. Any disputes shall be resolved through binding arbitration in Connecticut, except that either party may seek injunctive relief in court.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

17. Contact Information

For questions about these Terms, please contact us: