Terms of Service (version 15 August 2026, not yet in effect)
This document has not been reviewed by a lawyer. Questions? Email [email protected].
This version has not taken effect yet. It is not the version that applies now. Read the current version
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 when you create your account - by ticking the acceptance box if you sign up with an email address and password, or, if you sign up with Google, by continuing past the notice on that button, which says that continuing is agreeing - 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 the way you sign in confidential - your password and account credentials, or the Google account you sign in with; and
- take responsibility for everything done under your account, and tell us promptly at [email protected] if you suspect unauthorised access.
If you sign in with an email address and password, that password on its own is not enough: each time, we email you a short code and you type it in. If you choose to be remembered on a browser you trust, that browser can then sign in with the password alone for 14 days at a time, and those 14 days start again each time you use it - so only choose it on a device only you use, and treat it as you would treat leaving yourself signed in. Your email address is how we know it is you: the sign-in code goes there, and it is also the only way to reset a password. Keep it working and make sure you can still get into it - that is part of keeping your details up to date under this section. If you lose access to that mailbox, we cannot let you back into your account. If you sign in with Google, it works differently: Google checks who you are, we do not email you a code, and the protection on your SwiftGuard account is whatever protection you have on your Google account - so it is worth switching on Google's own two-step sign-in.
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.
Three things have to be true on your side before the Service can do its job. You need a business line you can divert to us, and that line has to be able to receive a text: we confirm the number is really yours by texting a code to it, so a line that cannot receive a text - a landline, typically - cannot be set up. That text counts towards your plan's monthly allowance of text messages, in the same way the ones we send your callers do. The number is not yours with us until you confirm that code - an unconfirmed number is released again after a day, and another business can then claim it, so it is worth finishing the setup in one sitting. You also need an active paid plan or free trial before we can send that code, so setting up call diversion is not something you can finish before you subscribe. And you need a Google Calendar we can connect to - that is the only calendar we support today: we book jobs by writing them into it, so until you connect one the agent will still answer your calls and still take the caller's details as a message, but it cannot book anything.
We may add, change or improve features over time (see section 12). The Service depends on third-party AI, voice, telephony, messaging, mapping and infrastructure 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 - or unless the suspension is for non-payment, which works the way section 9 describes: it can begin at once, and we tell you when it does. 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 for caller data 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.
Separately from your callers' data, the small number of people who operate the Service can also see your own account, organisation and subscription details - your name and email address, who is in your organisation, which plan you are on and whether it is paid - when they support you or look into a problem. Access is limited to those people, and each time one of them opens your details we record who did it and when.
While your account is active you can view your customer records in your dashboard. Call recordings, transcripts and call summaries are kept for 90 days and are then deleted automatically, whether or not your account is still open - so if you need a record of a call for longer than that, save your own copy before it ages out. Messages the agent takes for you when a caller does not want an appointment - who called, the number to ring back and what they asked - are the exception to that 90 days: they are your record of work to do, so they stay until you delete them or close your account, even after the call they came from has gone. Because deleting your account permanently removes Your Data (see section 11), you should also make your own record of anything you want to keep before you delete it - deletion cannot be undone. If you want a copy of Your Data, email us at [email protected]; our Privacy Policy sets out how quickly we answer a request like that and what we may ask you for first. For your callers' data, our Data Processing terms set out how we return or delete it.
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.
Beyond booking, it can also change what is on a caller's record - their name, email address, notes and addresses, and the postcode and house number used to check who they are - and cancel a job for them, on a call you do not hear. It works out who it is speaking to from the number they are ringing from: it looks that number up in your records and asks for the postcode and house number held there, and both have to match. It can also text a short code to that same number, and reading that code back is on its own enough to reach the record. A caller ringing from a number you do not hold cannot reach an existing record at all - if they can receive a text, the agent can take them on as a new customer, taking their name, postcode and house number, and book them in; if they cannot, it takes a message so you can ring them back. A caller ringing from a withheld number cannot be identified or texted at all, so the agent always takes a message. A caller gets a limited number of tries at that check and a limited number of codes in a day; once those run out the agent takes a message for you instead of going any further. The text a caller receives is sent in SwiftGuard's name rather than your business's, and that is not something you set.
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. Each call also has a maximum length. Shortly before that limit the agent tells the caller that you will ring them back about anything you have not covered, and the call is then ended - so a long or complicated call may need you to ring the customer back. The agent can also end a call itself if a caller is abusive or offensive, after a warning.
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. It does not recognise emotions, and it does not identify or categorise anyone from their voice or from any other biometric data. It does check who it is speaking to - from the details a caller gives it, and from a code texted to the number they are calling from - but never from the sound of their voice.
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; our Privacy Policy lists the providers we use in its section 7 and sets out in its section 10 what we have been able to establish about their training practices, with links to their own policies so you can check. The Service relies on third-party AI, voice, telephony, messaging, mapping and infrastructure 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 the plan prices we publish are shown exclusive of VAT. Stripe, as merchant of record, works out the VAT that applies to you and adds it to what you pay. Each plan includes a monthly allowance of call minutes as shown for that plan, and we do not charge per-minute overage fees. When your plan's included call minutes are used up, we stop answering calls for the rest of that month rather than charging you for the extra. Your dashboard shows how much of your allowance you have used, and upgrading your plan restores the Service once the upgrade is confirmed. Your allowance, and the limits below, are counted per calendar month and start again on the first of each month - which is not the same day your subscription renews. You can cancel at any time, and there is no minimum term beyond the billing period you have chosen: on a monthly plan your cancellation takes effect at the end of that month, and on a yearly plan at the end of that year (see section 10).
What a paused call sounds like to your caller. Whenever we are not answering - because your included minutes are used up, because a limit below has been reached, or because your subscription is unpaid - we do not pick the call up at all. Your caller hears their own network's busy or failure tone, not a message from us. And if you have set your line to divert every call to us, it will not ring at your own phone either, so while the Service is paused it is worth switching that diversion off. Very occasionally we may also be unable to answer across the whole Service - because we have had to stop answering in order to protect it, or because the Service is briefly at capacity. That is rare, it is not a reflection of your own usage, and while it lasts your callers hear the same thing.
Each plan also has a monthly fair-use limit on total service usage. It covers everything a call involves, including the call itself, every text message the Service sends on your behalf - the ones that confirm a new caller's number, and the one that confirms your own number when you set up call diversion - address lookups, call summaries, and the emails and checks we run for you, 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 both answering calls and sending any text message for the rest of that month - including the one that confirms your own number, so re-running your setup will not work either - and until it resets or you upgrade, a caller we do not already know cannot be booked. Upgrading your plan restores the Service once the upgrade is confirmed, and the limit starts again on the first of the month with the rest. We set this limit with normal business use in mind. We work it out from what your plan costs per month, so a plan paid yearly - which spreads ten monthly payments across twelve months - carries a proportionally lower monthly limit than the same plan paid monthly. We also apply a reasonable monthly limit to the text messages the Service sends on your behalf, to prevent abuse and runaway costs; we set it with normal business use in mind, and we will tell you in your dashboard if you approach or reach it. Messages are counted the way the mobile networks charge for them, so a long message, or one using characters outside the basic set, can count as more than one. 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 - we publish an updated version of these Terms and tell you before it takes effect, under the notice rules in section 15.
Two things can also happen at our end rather than yours. If something goes wrong here and we cannot read which plan you are on, we may keep answering your calls on a fixed fallback set of limits, which may be higher or lower than your plan's, rather than stopping altogether. Some failures at our end will stop calls being answered until we have put it right. If we cannot work out your plan at all, we stop answering until we have fixed it - and fixing it is our job, not yours. In both cases the limits your dashboard shows you are the ones we are actually applying.
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. You start it through Stripe's checkout, so that the subscription can be billed when the trial ends. 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. During the trial the fair-use limit is lower than it is on a paid plan, and upgrading your plan during the trial does not raise it - so not all of the call minutes advertised for your plan will necessarily be available to you while you are still trialling.
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 under the notice rules in section 15, so you can cancel before it takes effect.
Changing plans. You can upgrade or downgrade from your dashboard. An upgrade takes effect once it is confirmed and you are charged the difference for the rest of the period; a downgrade takes effect as a credit toward your next period. Switching between monthly and yearly billing starts a new billing period straight away: you are invoiced for the new period, and any unused time from the old one is applied as a credit to your account. A downgrade also applies to your fair-use limit straight away: that limit is worked out from what you pay now, while what you have already used this month still counts - so switching down part-way through a month can reach the limit sooner than it otherwise would. Where you can, switch down at the start of a billing period, or upgrade again to restore it. If you had already cancelled and then change your plan before the cancellation takes effect, the change also cancels the cancellation - your subscription continues and will renew, so cancel again if that is not what you want.
Non-payment. If a renewal payment fails, we may suspend the Service straight away while Stripe retries the payment, and we will tell you when that happens. The Service is restored once we receive confirmation that the payment has succeeded. If your subscription remains unpaid, we may downgrade or end it.
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. Because Stripe/Link is the merchant of record for your purchase, refunds and payment disputes for that purchase are normally handled by them rather than by us; where we owe you money ourselves, we will arrange it (see section 14).
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.
When your subscription ends, remember to switch off the call forwarding you set up on your own phone. Until you do, your incoming calls will keep being diverted to a number that no longer answers them. The code to dial is on our help pages.
Deleting your account. Deletion is self-service and confirmed by an email link. You cannot delete your account while you own an organisation that still has other members: use the Leave organization button first, which hands ownership to another member, or remove the other members. 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. Deletion is irreversible, so make your own record of anything you need first (section 6).
That is what happens when you own the organisation. If you were invited into someone else's organisation, deleting your account removes you from it - the organisation, its customer records and its subscription are theirs and continue - and the entries already recorded against you in the security-event log keep the email address and IP address they hold until their own 180 days run out.
Some things are not removed with it, and these are the main ones. First, for security and legal reasons we keep a limited security-event log. Its entries can include your email address and IP address, your callers' phone numbers, and browser and device details, and each entry is automatically deleted 180 days after it is recorded. When your organisation is deleted we take the personal details out of the entries recorded against it - the email address, the IP address, the caller's phone number, the browser and device details and any record of what was acted on all go - and what is left is the event, the date it happened, and an internal reference to the account it concerned; once that account is itself deleted, the reference no longer points at anything. Entries we cannot match to your organisation that way - the record of a sign-in, a failed sign-in or a password reset, for example - keep the email address and IP address they recorded until their own 180 days run out. Second, when we look an address up we keep the address on its own for up to 30 days so we do not have to look the same one up twice; nothing in that copy links it to an account, a customer record or a phone number, and what we keep is the address the lookup returned, including where it is - or, where we could not place the address exactly, the caller's own words, which can include anything else they said at the time. It can outlast your account by up to that long before it clears itself. Third, appointments the agent has already written into your own Google Calendar stay there - they are in your account and they are yours, and we do not reach into it to delete them. Fourth, if somebody invited you to their organisation and you never accepted, that invitation still carries your email address and stays with their organisation - it is theirs to withdraw, not ours to remove along with your account.
Some other things outlast your account as well. If you ever joined our waiting list, the name, email address and phone number you gave there are kept separately from your account and are not removed when you delete it - email us at [email protected] if you want that entry deleted. And residual copies in our platform backups clear on the backup platform's normal rotation.
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. If you are a consumer, 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 exclude all implied terms, warranties and conditions to the fullest extent the law allows, including any warranty of 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 subscription fees paid for the Service - whether to us or to Stripe/Link as merchant of record - 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], or a letter to the address below) before the 14 days end. You can use the model form below, but you do not have to.
- If, before the Service starts during those 14 days, we ask you to request that we begin providing it straight away and to confirm that you will lose the right to withdraw once it has been fully provided, and you give us that request, then if you 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. If we did not ask you for that request, you pay nothing for what was provided.
- If a refund is due, we will arrange it. Because Stripe/Link is the merchant of record for your purchase, the money is returned to you through them; if that does not happen for any reason, tell us and we will put it right.
- 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, Ensahlaan 25, 3723 HT Bilthoven, The Netherlands - [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.
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 names, prices, billing periods and included allowances shown 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). Where those documents overlap: for your use of the Service these Terms govern; for the personal data of your callers the Data Processing terms take precedence; and for the purchase transaction itself Stripe/Link's buyer terms govern, so where those and these Terms cannot both apply to the purchase, theirs do. We also publish a Cookie Policy and an AI Transparency Disclosure: these explain what we do rather than set terms you have to accept, and they are not part of this agreement. Descriptive or promotional statements on our website, including service descriptions on our pricing page, 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.