Legal
Last updated: December 29, 2024
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your", or "Customer") and SwiftCase ("we", "us", "our", or "SwiftCase") governing your access to and use of our workflow automation platform, website at www.swiftcase.co.uk, and related services (collectively, the "Services").
By accessing or using our Services, creating an account, or clicking to accept these Terms, you agree to be bound by these Terms and our Privacy Policy. If you are using the Services on behalf of an organisation, you represent and warrant that you have authority to bind that organisation to these Terms.
If you do not agree to these Terms, you must not access or use our Services.
SwiftCase provides a cloud-based workflow automation platform that enables businesses to design, build, and manage automated workflows and business processes. Our Services include:
To access certain features of our Services, you must create an account. When registering, you agree to:
You are responsible for maintaining the confidentiality of your account credentials. We recommend using strong passwords and enabling multi-factor authentication where available. We shall not be liable for any loss or damage arising from your failure to protect your account credentials.
Our Services are offered through various subscription plans as detailed on our Pricing page. Features and usage limits vary by plan. We may offer free trials or promotional offers at our discretion.
Paid subscriptions are billed in advance on a monthly or annual basis as selected during checkout. You authorise us to charge your designated payment method for all fees due. All amounts are stated in GBP unless otherwise specified.
We reserve the right to change our pricing. For existing customers, price changes will take effect at the start of the next billing cycle following 30 days' notice. Continued use after a price change constitutes acceptance of the new pricing.
All fees are exclusive of applicable taxes (including VAT). You are responsible for paying all taxes associated with your use of the Services, except for taxes based on our net income.
Fees are generally non-refundable except as required by law or as explicitly stated in a separate agreement. If you believe you are entitled to a refund, please contact our support team.
You agree to use the Services only for lawful purposes and in accordance with these Terms. You shall not:
You retain all rights to the data you submit to the Services ("Customer Data"). We do not claim ownership of your Customer Data.
You grant us a limited, non-exclusive licence to use, process, and store your Customer Data solely for the purpose of providing and improving the Services. This licence continues for the duration of your use of the Services and a reasonable period thereafter to fulfil our obligations.
Where we process personal data on your behalf, we act as a data processor and you act as the data controller. Our processing of such data is governed by our Data Processing Agreement, which forms part of these Terms where applicable.
While we maintain regular backups, you are responsible for maintaining your own backups of Customer Data. We provide data export functionality to help you retrieve your data.
SwiftCase and its licensors retain all rights, title, and interest in and to the Services, including all software, technology, designs, trademarks, and other intellectual property. These Terms do not grant you any rights to use our trademarks, logos, or brand features without prior written consent.
If you provide us with feedback, suggestions, or ideas about the Services, you grant us a non-exclusive, royalty-free, perpetual, irrevocable licence to use and incorporate such feedback into our Services without obligation to you.
The Services may integrate with or contain links to third-party services, applications, or websites. Your use of such third-party services is subject to their own terms and privacy policies. We are not responsible for:
We strive to maintain high availability of our Services. However, we do not guarantee uninterrupted access. The Services may be temporarily unavailable due to scheduled maintenance, updates, or circumstances beyond our control.
We reserve the right to modify, suspend, or discontinue any part of the Services at any time. For material changes affecting your use, we will provide reasonable notice where practicable.
Each party agrees to keep confidential any non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential. This obligation does not apply to information that: (a) becomes publicly available through no fault of the receiving party; (b) was rightfully known prior to disclosure; (c) is independently developed without use of confidential information; or (d) is rightfully obtained from third parties without restriction.
We warrant that the Services will be provided with reasonable skill and care and will substantially conform to their documentation. If the Services do not conform to this warranty, your exclusive remedy is for us to use commercially reasonable efforts to correct the non-conformity.
EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWIFTCASE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY.
OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED POUNDS STERLING (£100).
Nothing in these Terms excludes or limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded by applicable law.
You agree to indemnify, defend, and hold harmless SwiftCase and its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any rights of a third party; or (d) your Customer Data.
These Terms commence when you first access or use the Services and continue until terminated by either party.
You may terminate your account at any time through your account settings or by contacting us. Termination will be effective at the end of your current billing period. You remain responsible for all fees incurred prior to termination.
We may suspend or terminate your access to the Services immediately if you: (a) breach these Terms; (b) fail to pay fees when due; (c) engage in activity that is harmful to us or other users; or (d) as required by law. We may also terminate for convenience with 30 days' written notice.
Upon termination: (a) your right to use the Services immediately ceases; (b) we may delete your Customer Data after a reasonable retention period; (c) any outstanding fees become immediately due; and (d) provisions that by their nature should survive will continue in effect.
Before initiating formal proceedings, both parties agree to attempt to resolve disputes informally by contacting the other party and negotiating in good faith for at least 30 days.
These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.
Both parties agree to submit to the exclusive jurisdiction of the courts of England and Wales for the resolution of any disputes arising from or related to these Terms.
These Terms, together with our Privacy Policy and any other documents incorporated by reference, constitute the entire agreement between you and SwiftCase regarding the Services and supersede all prior agreements and understandings.
We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website or by email. Your continued use of the Services after such changes constitutes acceptance of the revised Terms.
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets.
Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, pandemics, power outages, or internet service disruptions.
If you have any questions about these Terms or need to contact us regarding the Services, please reach out to us:
Email: legal@swiftcase.co.uk
Post: SwiftCase, Whitfield Business Hub, 188-200 Pensby Road, Heswall, Wirral, CH60 7RJ, UK
