Terms of Service

1. Acceptance of Terms

By accessing or using the SwiftWMS platform ("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. By using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Service

SwiftWMS provides a cloud-based warehouse management system that enables businesses to manage inventory, track shipments, optimize warehouse operations, and generate reports. The Service includes:

• Inventory management and tracking
• Order processing and fulfillment
• Warehouse layout optimization
• Real-time analytics and reporting
• Integration with third-party systems
• Mobile applications for warehouse operations

3. User Accounts

Account Creation

To use certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.

Account Security

You are responsible for safeguarding your account credentials and for any activities or actions under your account. You must immediately notify us of any unauthorized use of your account.

Account Types

Different account types (Administrator, Standard User) have different permissions and capabilities. Account administrators are responsible for managing user access within their organization.

4. Subscription and Billing

Subscription Plans

The Service is offered through various subscription plans (Essentials, Core, and Pro, each also available in a Fulfillment edition). Each plan has different features, user limits, and pricing. Pricing is not published; plan details and fees are provided in a written quote from our sales team and are set out in your order form.

Payment Terms

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except as expressly stated in these Terms
• Prices may change with 30 days' notice
• Overdue payments may result in service suspension

Free Trials

We may offer a 30-day trial of the plan quoted by our sales team. Trials are set up by us, not self-serve, and we do not require a card to start. If you do not continue after the trial, access ends and you are not billed unless a paid subscription is in place.

5. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Transmit malware, viruses, or other malicious code
• Attempt to gain unauthorized access to any systems or networks
• Interfere with or disrupt the Service or its infrastructure
• Engage in automated data collection without permission
• Impersonate any person or entity
• Use the Service for any illegal or unauthorized purpose

We reserve the right to suspend or terminate accounts that violate these acceptable use policies.

6. Intellectual Property

Our Intellectual Property

The Service and its original content, features, and functionality are owned by SwiftWMS and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Your Content

You retain ownership of any data, content, or materials you upload to the Service ("Your Content"). By uploading content, you grant us a license to use, store, and process Your Content solely for the purpose of providing the Service.

Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by us without any obligation to compensate you.

7. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your information.

You are responsible for maintaining the confidentiality of any sensitive data you store in the Service and for complying with applicable data protection laws.

8. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Scheduled maintenance (with advance notice when possible)
• Emergency repairs or security updates
• Circumstances beyond our control

Where your order form provides for a Service Level Agreement (SLA), it sets out the specific uptime guarantees that apply to your subscription.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWIFTWMS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or data
• Business interruption
• Cost of substitute services
• Any damages arising from your use of the Service

Our total liability for any claims shall not exceed the amount paid by you for the Service during the twelve (12) months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless SwiftWMS and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

11. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice, for any reason, including:

• Breach of these Terms
• Non-payment of fees
• Request by law enforcement or government agencies
• Discontinuation of the Service

Upon termination, your right to use the Service will cease immediately. You may export your data within 30 days of termination.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Utah County, Utah.

13. Changes to Terms

We reserve the right to modify these Terms. Each set of Terms carries the version and effective date shown at the top of this page. When we make a material change we issue a new version, publish it, and ask you to accept it the next time an authorized user of your organization signs in. Your organization’s acceptance of each version is recorded with the version, the person who accepted, and the date and time.

14. Contact Us

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