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Terms of Serv​​ice

Last updated: April 19, 2025


1. Introduction


Welcome to swiftcase.io (“we,” “our,” or “us”). These Terms of Service (“Terms”) govern your access to and use of our cybersecurity incident response platform and related services (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.


Please read these Terms carefully. If you do not agree with these Terms, you may not access or use our Services.


2. Definitions


In these Terms:


“Account” means a unique account created for you to access our Services.

“Content” means any information, data, text, software, graphics, or other materials that are displayed or available through the Services.

“User” means an individual who has access to the Services, whether directly or through an organization.

“Organization” means the legal entity (such as a corporation, partnership, or LLC) that has contracted with us to provide the Services to its employees or contractors.


3. Account Registration and Security


To use certain features of our Services, you may need to register for an Account. When you register, you agree to:


  • Provide accurate, current, and complete information about yourself
  • Maintain and promptly update your Account information
  • Maintain the security of your Account, including keeping your password confidential
  • Notify us immediately of any unauthorized access to or use of your Account
  • Accept responsibility for all activities that occur under your Account


We reserve the right to disable any Account, at any time and without notice, if we believe you have violated these Terms.


4. Subscriptions and Payment


Some of our Services are available on a subscription basis. The following terms apply to subscriptions:


  • Subscription fees are charged in advance on a monthly or annual basis.
  • Subscriptions automatically renew unless cancelled at least 30 days before the end of the current billing period.
  • You authorize us to charge your chosen payment method for the subscription fees.
  • Prices are subject to change, but we will notify you before implementing any price changes.
  • All fees are exclusive of taxes, which you are responsible for paying.


5. License and Use Restrictions


Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes. You agree not to:


  • Copy, modify, or create derivative works based on the Services
  • Reverse engineer, decompile, or attempt to extract the source code of the Services
  • Remove any copyright, trademark, or other proprietary notices
  • Transfer, sublicense, lease, lend, rent or otherwise distribute the Services to any third party
  • Use the Services for any illegal purpose or in violation of any applicable laws
  • Interfere with or disrupt the integrity or performance of the Services
  • Attempt to gain unauthorized access to the Services or related systems


6. User Content


Our Services allow you to upload, submit, store, send, or receive content (“User Content”). You retain ownership of any intellectual property rights that you hold in your User Content, but you grant us a worldwide, royalty-free, non-exclusive license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly display, publicly perform, and distribute your User Content for the limited purpose of providing the Services to you.


You are solely responsible for all User Content that you upload, post, email, transmit, or otherwise make available via the Services. You represent and warrant that:


You own or have the necessary rights to use and authorize us to use your User Content

Your User Content does not violate any third party’s intellectual property or other rights

Your User Content complies with these Terms and all applicable laws and regulations


7. Intellectual Property Rights


The Services and all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.


8. Data Privacy and Security


Your privacy is important to us. Our Privacy Policy describes how we collect, use, and share your personal information in connection with your use of our Services. By using our Services, you consent to the collection, use, and sharing of your information as set forth in our Privacy Policy.


We implement reasonable security measures to protect your data, but we cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your Account information and for restricting access to your computer or device.


8.1 AI Model Training


To improve our Services and enhance the cybersecurity incident response capabilities available to all users, we may use User Content to train, test, and improve our artificial intelligence models and algorithms. This process involves:


  • Anonymizing and aggregating data to remove personally identifiable information
  • Implementing appropriate security controls to protect sensitive information
  • Using the data solely to improve the Services’ security detection and response capabilities


By using our Services, you grant us permission to use anonymized and aggregated data derived from your User Content for AI model training and improvement. If you prefer to opt out of this data usage, please contact us at privacy@swiftcase.io.


9. Disclaimers and Limitations of Liability


THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.


WE DO NOT WARRANT THAT: (A) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.


IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.


OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID US FOR THE SERVICES DURING THE THREE MONTHS PRECEDING THE CLAIM.


10. Indemnification


You agree to indemnify, defend, and hold harmless us, our affiliates, officers, directors, employees, consultants, agents, suppliers, and partners from any and all third-party claims, liability, damages, and costs (including, but not limited to, reasonable attorneys’ fees) arising from or relating to your use of the Services, your violation of these Terms, your violation of any rights of another, or your User Content.


11. Term and Termination


These Terms are effective until terminated by either you or us. You may terminate these Terms at any time by discontinuing your use of the Services and closing your Account.


We may terminate or suspend your access to the Services, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease.


All provisions of these Terms which by their nature should survive termination shall survive, including without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.


12. Governing Law and Dispute Resolution


These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.


Any dispute arising out of or relating to these Terms or the Services shall first be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation, both parties agree to resolve the dispute through binding arbitration in accordance with the rules of the American Arbitration Association.


Any arbitration shall be conducted in Houston, Texas, in the English language, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.


13. Changes to Terms


We reserve the right to modify these Terms at any time. If we make changes, we will provide notice by posting the updated Terms on our website and updating the “Last Updated” date. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.


14. General Provisions


Entire Agreement: These Terms constitute the entire agreement between you and us regarding the Services.

Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in effect.

Assignment: You may not assign these Terms without our prior written consent, but we may assign these Terms without restriction.

No Agency: No agency, partnership, joint venture, or employment is created as a result of these Terms.


15. SMS and Messaging


By registering for SMS notifications, you agree to receive account notifications, customer care, delivery notifications, and support messages. Message frequency may vary, and will be limited to issues related to your service, typically less than 3 per month. Message and data rates may apply. Reply STOP to unsubscribe or HELP for assistance.


15. Contact Us


If you have any questions about these Terms, please contact us at:


swiftcase.io

Email: legal@swiftcase.io

Address:

3120 Southwest Fwy

Ste 101 PMB 996907

Houston, Texas 77098-4520 USA