Terms of Service

These Terms of Service (the "Terms") are a contract between you and SwiftGuard AI ("SwiftGuard", "we", "us"), and govern your use of the SwiftGuard voice agent, dashboard and related services (together, the "Service"). Please read them carefully. You accept these Terms by ticking the acceptance box when you create your account and by using the Service; if you do not accept them, you cannot use the Service.

SwiftGuard answers calls, captures caller details and books appointments for your business. It is a tool to assist your business - not a substitute for your own judgement on urgent or safety-critical matters. How we handle personal data is described in our Privacy Policy and, for the data of your callers, our Data Processing terms, which form part of these Terms.

1. Who we are

The Service is provided by SwiftGuard AI, our official name as registered with the Netherlands Chamber of Commerce (KvK) under number 75538288 (we also refer to ourselves simply as SwiftGuard). SwiftGuard AI is a sole proprietorship (eenmanszaak) run by Daan van den Bergh, at Ensahlaan 25, 3723 HT Bilthoven, The Netherlands. You can reach us about these Terms at [email protected].

2. Who these Terms are for

SwiftGuard is offered for business use - by plumbing, heating and similar businesses, and the people they authorise to use it. If you use the Service on behalf of a business or other organisation, you confirm that you are authorised to accept these Terms for it, and "you" means both you and that organisation.

If you are a consumer (a person acting outside your trade, business or profession), the additional protections in section 14 apply to you, and nothing in these Terms removes the mandatory rights you have under the consumer law of your country of residence.

3. Your account

To use the Service you create an account and verify your email address. You must:

• be at least 18 years old and able to enter into a binding contract;
• give accurate registration and business details and keep them up to date;
• keep your password and account credentials confidential; and
• take responsibility for everything done under your account, and tell us promptly at [email protected] if you suspect unauthorised access.

When you sign up, we create one organisation (your workspace) and make you its owner. You can invite colleagues and give them roles (owner, admin or member); you are responsible for the people you invite and for what they do. To protect accounts, we temporarily block sign-in after several failed attempts in a short period.

4. The Service and your licence to use it

Subject to these Terms and to payment of the applicable fees, we grant you a limited, non-exclusive, non-transferable and revocable right to access and use the Service for your business during your subscription. SwiftGuard is provided as a hosted service (you are not given a copy of the software), and any usage allowances (such as the monthly call minutes for your plan) are conditions of this licence.

We may add, change or improve features over time (see section 12). The Service depends on third-party voice, telephony and AI providers and on your own telephone and calendar arrangements, which are outside our control.

5. Acceptable use

You agree not to, and not to allow anyone else to:

• use the Service unlawfully, or to handle unlawful, harmful or infringing content;
• use the Service without giving your callers the notices that call-recording, telecoms and AI-transparency law require (see section 8 and our Privacy Policy);
• resell, sublicense, rent or share the Service beyond your own business without our written agreement;
• copy, scrape, reverse engineer, or attempt to extract the underlying models, prompts or training data, except where the law does not allow this to be restricted;
• use the Service, or its output, to build or train a competing product or model, or to benchmark it for a competitor;
• interfere with, overload, or try to gain unauthorised access to the Service or its security, or use it to send spam or malware.

We may suspend or limit the Service, in whole or in part, if you break these rules, if you do not pay, or where we reasonably need to protect the Service, our other customers, or comply with the law. We will give you notice and, where practicable, a chance to put things right first, unless the risk requires us to act immediately. We will restore the Service once the cause is resolved.

6. Your data and content

You keep all rights in the data and content you put into the Service and that the Service collects for you - including your account details and the caller and job details the agent captures ("Your Data"). You grant us only the limited licence we need to host, process, secure, back up and provide the Service to you, and to keep it working and safe.

For the personal data of your callers, you are the controller and we are your processor. We process caller data only to provide the Service and on your documented instructions, under our Data Processing terms, which govern that data and take precedence over these Terms for it. The one exception is that our staff may review call recordings and transcripts to check and improve how the agent handles calls; we act as a controller for that limited purpose, we do not use the data to train AI models, and our Privacy Policy explains it and tells callers how to object. You are responsible for having a lawful basis for the caller data you ask us to process, and for the accuracy of what you configure.

While your account is active you can view your customer records in your dashboard. Because deleting your account permanently removes Your Data (see section 11), you should make your own record of anything you want to keep before you delete it - deletion cannot be undone. If you need help retrieving a copy of Your Data, contact us at [email protected].

7. Intellectual property

The Service, including the software, the AI agent, the dashboard, our name, logo and brand, and all related intellectual property, belongs to us or our licensors. These Terms give you a right to use the Service, not any ownership of it. If you send us feedback or suggestions, we may use them to improve the Service without any obligation or payment to you; this does not give us any right to Your Data beyond section 6.

8. The AI agent and its limits

Calls are answered by an automated AI voice agent, not a person. The agent listens, transcribes speech, extracts caller and job details, and books appointments. AI output is generated automatically and can be inaccurate, incomplete or wrong - for example a mis-heard name or address, a wrong appointment time, or a call it cannot handle.

You must review the records, details and appointments the agent produces and must not rely on them without checking, especially for urgent, emergency or safety-critical matters. The agent is not a professional adviser, and its output is not professional (including legal, medical, financial or safety) advice. Marketing statements such as "never miss a call" or "never double-books" describe how the agent is designed to behave; they are not a promise that it will always answer, always capture details correctly, or never make a mistake. The agent does not make decisions that produce legal or similarly significant effects about anyone, and it does not identify callers biometrically.

At the start of every call the agent says that it is an automated assistant and that the call is recorded. That announcement is not something you configure, and it is a notification rather than a request for consent - so where the law of a country requires the caller's actual consent to be recorded (Germany and Austria, for example), that announcement alone is not enough and you are responsible for obtaining any consent the law of each country you take calls in requires. We do not use Your Data or your callers' data to train AI models - that is our own conduct and we control it. We cannot make that promise on our providers' behalf; section 10 of our Privacy Policy sets out exactly what each of them says about training, and links to their own policies so you can check. The Service relies on third-party AI, voice and telephony providers; their terms and availability affect the Service, and you must not use the Service in a way that would breach their terms.

9. Fees, billing and trials

The Service is offered on a subscription. The available plans, their prices, billing periods (monthly or yearly) and included call minutes are shown on our pricing page. Prices are in euro and are shown exclusive of VAT; VAT is added at checkout. Each plan includes a monthly allowance of call minutes as shown for that plan, and we do not charge per-minute overage fees. There is no minimum term or fixed commitment - you can cancel at any time (see section 10). If your usage regularly exceeds your plan's included minutes, we may ask you to move to a plan that fits your usage.

Each plan also has a monthly fair-use limit on total service usage. It covers everything a call involves - the call itself, the text messages we send to confirm a new caller's number, address lookups and call summaries - so in unusual cases it can be reached before your included call minutes are used up. Normal business use will not reach it. If it is reached we will tell you in your dashboard, and we may pause answering calls for the rest of that month; upgrading your plan restores the Service immediately, and it resets at the start of each month. We set these limits reasonably and will not use them to withhold the allowance your plan advertises. We may raise or relax a limit at any time without telling you first, since that can only work in your favour; lowering one, or tightening how it is worked out, is a change that materially reduces what you get and follows the notice rules in section 15.

Payments are handled by Stripe as merchant of record. When you subscribe, your purchase is processed through Stripe, and Stripe (via Link) is the seller of record for that transaction - your purchase appears as "Sold through Link" and is subject to Stripe/Link's buyer terms. Stripe calculates, collects and remits the applicable VAT, provides your receipts, and handles payment methods, refunds and payment disputes for the transaction. For the purchase itself, Stripe/Link's terms govern; for your use of the Service, these Terms govern.

Free trial. New customers can start a 14-day free trial. A valid payment card is required to start the trial. If you do not cancel before the trial ends, the trial converts automatically into a paid subscription and the first payment is taken. The trial is available once per organisation account.

Renewal. Subscriptions renew automatically at the end of each billing period (each month or each year) until you cancel. The price you subscribed at stays the same on renewal: if we change a plan's price, the change applies to new subscriptions, and your existing subscription keeps the price you signed up at. In the rare case we need to change the price of an existing subscription, we will tell you in advance so you can cancel before it takes effect.

Changing plans. You can upgrade or downgrade from your dashboard. An upgrade takes effect immediately and you are charged the difference for the rest of the period; a downgrade takes effect as a credit toward your next period.

Non-payment. If a renewal payment fails, Stripe may retry it. If your subscription remains unpaid, we may suspend or downgrade the Service until payment is made.

10. Cancellation and refunds

You can cancel at any time from your dashboard. Cancellation takes effect at the end of your current billing period: you keep access until then, and we do not charge you again. Fees already paid are not refunded on a pro-rata basis for the unused part of a period, except where the law requires it (including the consumer withdrawal right in section 14) or where Stripe/Link, as merchant of record, issues a refund under its buyer terms. Refunds and payment disputes are handled by Stripe/Link, not by us.

11. Term, termination and what happens to your data

These Terms apply for as long as you have an account. You may stop using the Service and delete your account at any time. We may suspend or end your access as described in section 5, or if you seriously or repeatedly breach these Terms, giving you notice and a chance to fix the problem where practicable.

Deleting your account. Deletion is self-service and confirmed by an email link. If you own an organisation that still has other members, you must transfer ownership before you can delete your account. When you delete your account we permanently remove your organisation and the data in it - including your customer records, team members and invitations - and we cancel your Stripe subscription. For security and legal reasons we keep a limited security-event log, which can include your email and IP address; each entry is automatically deleted 180 days after it is recorded, and is kept even if you close your account before then. Deletion is irreversible, so make your own record of anything you need first (section 6).

If we end your access for a reason other than your serious breach, we will, where practicable, give you a short period to retrieve your customer records before they are deleted. Some parts of these Terms are meant to continue after your account ends - in particular the sections on your data and content, intellectual property, warranties and liability, indemnities, and governing law.

12. Availability and changes to the Service

We work to keep the Service available and reliable, but we do not guarantee that it will be uninterrupted, always available, or error-free, and we do not offer a service-level or uptime guarantee. The Service may be unavailable during maintenance, or because of a problem with a third-party provider, your telephone or calendar setup, or events outside our control. References to "24/7" describe how the agent is intended to answer calls, not a guaranteed level of availability.

We may change the Service for valid reasons, including to comply with the law, to protect security, to maintain or improve it, to reflect changes in our third-party providers or costs, or where technically necessary. Such a change will be made at no additional cost to you. If a change would negatively affect your use of the Service more than minimally, and you are a consumer, we will give you advance notice on a durable medium (such as email) and you may terminate free of charge within 30 days of the change.

13. Warranties and liability

To the fullest extent the law allows, the Service is provided "as is" and "as available", and we disclaim all implied warranties, including of merchantability, fitness for a particular purpose, and non-infringement. Nothing in these Terms excludes or limits any warranty or right that cannot be excluded or limited by law, including a consumer's statutory rights.

To the fullest extent the law allows, we are not liable for indirect or consequential loss, or for lost profits, revenue, business, goodwill, or data. Our total liability to you for all claims in any 12-month period is limited to the total fees you paid us for the Service in the 12 months before the event giving rise to the claim.

These limits do not apply to liability that cannot be limited by law - including liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for intent or gross negligence, and, for consumers, any liability under mandatory consumer-protection law. Where you are a consumer, these Terms do not affect your statutory rights, including that the Service must conform to what was agreed and to what you can reasonably expect.

14. Consumers: your withdrawal right

This section applies only if you are a consumer. You have the right to withdraw from your subscription within 14 days of entering into it, without giving a reason.

• To withdraw, tell us in a clear statement (for example, an email to [email protected]) before the 14 days end. You can use the model form below, but you do not have to.
• When you start the Service (including a free trial) during the 14-day period, you expressly ask us to begin providing it at once. If you then withdraw, you must pay a proportionate amount for what was provided up to the moment you told us - so if you withdraw during a free trial, before any charge, you pay nothing.
• This withdrawal right is separate from cancelling a subscription (section 10) and does not affect your other mandatory local consumer rights.

Model withdrawal form. To: SwiftGuard AI, [email protected]. I hereby give notice that I withdraw from my contract for the SwiftGuard service. Ordered on [date] / account email [your email]. Name. Date.

15. Changes to these Terms

We may update these Terms from time to time, for valid reasons: new or changed features, legal or regulatory requirements, security, or changes in our providers or costs. Most updates - corrections, clarifications, and anything that does not reduce what you get - take effect when we publish them, as do changes we must make to comply with the law or to protect the security of the Service. If a change materially reduces what you get under these Terms, we will tell you first, by email or in your dashboard, at least 15 days before it takes effect (30 days if you are a consumer), and you may end your subscription before then if you do not accept it. If you are a consumer, such a change does not take effect for you until you accept it or the notice period passes without you ending your subscription; where we can, we will simply ask you to accept the new version when you next sign in. We keep earlier versions and show the "Last updated" date above.

16. Assignment

You may not transfer your rights or obligations under these Terms without our consent. We may transfer ours as part of a merger, reorganisation or sale of our business, provided this does not reduce your rights under these Terms.

17. Governing law and disputes

These Terms are governed by the law of the Netherlands, and disputes are subject to the competent courts of the Netherlands. If you are a consumer, this does not deprive you of the mandatory protections of the law of your country of residence, and you may bring or defend proceedings in the courts that consumer-protection law makes available to you.

18. Indemnities (business customers)

This section applies between business customers and us; it does not apply to consumers. You will cover (indemnify us against) claims, losses and reasonable costs arising from Your Data, from your use of the Service in breach of these Terms, or from your failure to give callers the recording and AI notices required by section 8. We will defend you against third-party claims that the Service itself infringes their intellectual property, provided you tell us promptly, let us control the defence, and cooperate with us.

19. General

If any part of these Terms is found to be invalid or unenforceable, the rest continues to apply. Our not enforcing a right is not a waiver of it. These Terms, together with our Privacy Policy, our Data Processing terms, and the plan and price details on our pricing page, are the entire agreement between us about your use of the Service; for the purchase transaction, Stripe/Link's buyer terms also apply (section 9). Descriptive or promotional statements elsewhere on our website are not part of this agreement.

20. Contact

Questions about these Terms or the Service: [email protected] · SwiftGuard AI, Ensahlaan 25, 3723 HT Bilthoven, The Netherlands. Payment, refund and billing questions for a purchase are handled by Stripe/Link as merchant of record.

These Terms are provided for information and are a draft pending legal review; they are not legal advice. A qualified lawyer must review them before they are treated as final.