1. Acceptance of Terms

By accessing or using Swyft ("Service"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you may not access or use the Service. Swyft reserves the right to modify these Terms at any time, and your continued use of the Service constitutes acceptance of any changes.

2. Description of Service

Swyft provides a fulfillment orchestration platform that enables brands to offer 2-day delivery by intelligently routing orders across a network of 3PL partners. The Service includes order routing, inventory management, and delivery optimization tools.

3. Account Registration

To use certain features of the Service, you must register for an account. You agree to:

Provide accurate and complete registration information
Maintain the security of your account credentials
Notify us immediately of any unauthorized use of your account
Be responsible for all activities that occur under your account

4. Fees and Payment

4.1 Pricing

Swyft charges a platform fee based on a percentage of order value for orders fulfilled through our Service. Current pricing information is available on our website or upon request.

4.2 Payment Terms

You agree to pay all fees associated with your use of the Service. Fees are billed according to the billing cycle established in your account. Late payments may result in service suspension.

4.3 Refunds

Fees paid are non-refundable except as required by law or as explicitly stated in a separate agreement.

5. Acceptable Use

You agree not to:

Use the Service for any unlawful purpose
Interfere with or disrupt the Service or servers
Attempt to gain unauthorized access to any part of the Service
Use the Service to transmit harmful code or malware
Violate any applicable laws or regulations
Infringe upon the rights of others

6. Intellectual Property

6.1 Swyft Property

The Service, including all content, features, and functionality, is owned by Swyft and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written consent.

6.2 Your Content

You retain ownership of any data or content you submit to the Service. By submitting content, you grant Swyft a license to use, process, and display such content as necessary to provide the Service.

7. Third-Party Services

The Service may integrate with third-party services, including 3PL providers, e-commerce platforms, and payment processors. Your use of third-party services is subject to their respective terms and policies. Swyft is not responsible for the availability or performance of third-party services.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. SWYFT DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWYFT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE TWELVE MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify and hold harmless Swyft, its officers, directors, employees, and agents 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.

11. Termination

Either party may terminate this agreement at any time. Upon termination, your right to use the Service will immediately cease. Provisions that by their nature should survive termination shall remain in effect, including intellectual property, disclaimers, and limitations of liability.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the courts located in Delaware.

13. Changes to Terms

Swyft reserves the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website. Your continued use of the Service after such changes constitutes acceptance of the new Terms.

14. Contact Us

If you have any questions about these Terms, please contact us at support@swyft.com.