Terms of Service

Last updated: 2025-12-13

These Terms of Service (“Terms”) govern your access to and use of the SwishX website and the SwishX platform, products, and services (including pAI) (collectively, the “Services”). By using the Services, you agree to these Terms.

If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to that organization.

Enterprise Agreements: If your organization has executed a master subscription agreement, order form, statement of work, or data processing addendum with SwishX (“Enterprise Agreement”), that Enterprise Agreement governs your organization’s use of the platform. In the event of a conflict, the Enterprise Agreement controls.

1. Definitions

• “Customer” means the organization that has an Enterprise Agreement with SwishX.

• “User” means an individual authorized by a Customer to access the Services.

• “Customer Data” means data submitted to or processed by the Services on behalf of a Customer (including invoices, orders, stock statements, and program activity).

• “Documentation” means SwishX user guides and technical documentation.

• “pAI Output” means responses, summaries, recommendations, or workflow proposals generated by pAI.

2. Accounts and Access

• You must be authorized to access the Services.

• You are responsible for safeguarding credentials and for activities under your account.

• SwishX may support SSO, multi-factor authentication, and role-based access controls.

• Customer administrators control user provisioning, roles, and permissions.

3. License and Acceptable Use

Subject to these Terms and any Enterprise Agreement, SwishX grants you a limited, non-exclusive, non-transferable right to access and use the Services for your internal business purposes.

• Do not reverse engineer, decompile, or attempt to discover source code or underlying models, except as permitted by law.

• Do not use the Services to build or benchmark a competing product or service.

• Do not bypass security controls, probe for vulnerabilities, or access data you are not authorized to access.

• Do not upload unlawful, infringing, or malicious content, including malware.

• Do not interfere with the integrity or performance of the Services (e.g., excessive automated requests).

• Comply with applicable laws, including data protection, anti-bribery/anti-corruption, and export control laws.

4. Customer Data, Data Protection, and Privacy

• Customer Data ownership: As between SwishX and the Customer, the Customer owns Customer Data.

• Processing: SwishX processes Customer Data to provide and secure the Services and as set out in applicable agreements.

• Privacy: Use of personal information is described in the SwishX Privacy Policy and applicable DPAs.

5. pAI and AI-Assisted Features

pAI may provide research assistance, summarization, insights, and the ability to propose or trigger workflows. AI outputs may be probabilistic and may contain errors. You should validate outputs before acting—especially for regulated, medical, safety, legal, and financial decisions.

• No medical advice: The Services do not provide medical or clinical advice, diagnosis, or treatment recommendations.

• Guardrails: pAI actions may be restricted by roles, permissions, policies, and approval workflows.

• Responsible use: You agree not to use pAI to generate unlawful content or to make decisions that require professional judgment without appropriate review.

6. Integrations and Third-Party Services

The Services may integrate with third-party products (e.g., ERP, CRM, data warehouses, Microsoft 365, or market data sources) based on Customer configuration. Third-party services are governed by their own terms and privacy practices.

• SwishX is not responsible for third-party services, outages, or data practices outside SwishX’s control.

• Customers are responsible for ensuring they have the rights and authorizations to connect third-party systems and share required data.

7. Fees, Payment, and Taxes

Fees, billing terms, and taxes are specified in the applicable Enterprise Agreement and order forms. Unless expressly stated otherwise, fees are non-refundable. Late payments may result in suspension of access as permitted by the Enterprise Agreement.

8. Professional Services

SwishX may provide implementation, consulting, rewards operations, or field rollout services. The scope, timelines, and deliverables are specified in statements of work or order forms.

9. Confidentiality

Each party must protect the other party’s confidential information and use it only for purposes of performing under the applicable agreements. Additional confidentiality obligations may apply under an NDA.

10. Intellectual Property

• SwishX retains all rights in the Services, software, documentation, designs, and platform IP.

• Customers retain ownership of Customer Data.

• Feedback: SwishX may use feedback to improve the Services without obligation.

11. Service Levels and Support

Uptime commitments, support hours, response targets, and service credits are described in the SwishX Trust & SLA document and/or the Customer’s order form. If there is a conflict, the order form or Enterprise Agreement prevails.

12. Warranties and Disclaimers

Except as expressly stated in an Enterprise Agreement, the Services are provided on an “as is” and “as available” basis. SwishX disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.

13. Limitation of Liability

To the maximum extent permitted by law, SwishX will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, goodwill, or data. Liability caps and additional terms may be specified in the Enterprise Agreement.

14. Indemnification

• Customer indemnity: Customers agree to indemnify SwishX against claims arising from Customer Data, Customer instructions, or Customer misuse of the Services.

• IP indemnity: Any IP infringement indemnities (if offered) will be described in the Enterprise Agreement.

15. Suspension and Termination

• SwishX may suspend access to protect the security and integrity of the Services or to address violations of these Terms.

• Termination of subscriptions and data export/deletion obligations are governed by the Enterprise Agreement and order forms.

16. Compliance, Export Controls, and Sanctions

You agree to comply with applicable export controls and sanctions laws and represent that you are not prohibited from using the Services. You also agree to comply with applicable anti-bribery and anti-corruption laws.

17. Governing Law and Dispute Resolution

Unless otherwise specified in an Enterprise Agreement, these Terms are governed by the laws of India. Disputes will be resolved by arbitration in Bengaluru, India, and courts in Bengaluru will have jurisdiction for permitted matters.

18. Contact

• Email: legal@swishx.com
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