Welcome to Trust Swiftly. These Terms of Service (“Terms”) govern your use of our website (the “Site”) and services. This agreement is between you, the User, and Trust Swiftly, the owner of the Site.
By using the Site, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, you must cease using the Site immediately.
Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users. You acknowledge and agree that your use of the Site is subject to our Privacy Policy.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND TRUST SWIFTLY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 12, “DISPUTE RESOLUTION,” FOR DETAILS REGARDING ARBITRATION.
While the Site is a general audience website, use of the Site for business inquiries or account registration is restricted to individuals 18 years of age or older who are capable of forming a binding contract with Trust Swiftly and are not barred from using the Services under applicable law.
We may make changes to the Site and update these Terms at any time, in our sole discretion. If we do so, we’ll let you know by posting the updated Terms on the Site or, for material changes, through other communications such as email. Your continued use of the Site after we have posted updated Terms constitutes your agreement to be bound by them. Because the Site is constantly evolving, we may change, suspend, or restrict the availability of all or any part of the Site at any time, without notice to you.
(a) Security. Trust Swiftly will implement appropriate technical and organizational security measures designed to protect Customer Data against unauthorized processing, accidental destruction, loss, alteration, or disclosure. Our security measures include storing Customer Data on servers in a physically secured location and using firewalls, access controls, and similar security technology.
(b) Rights in Customer Data. As between the parties, you (the “Customer”) retain all right, title, and interest in and to your Customer Data. You grant Trust Swiftly a non-exclusive, worldwide, royalty-free right to collect, use, modify, and process Customer Data solely to provide the Services, offer customer support, and for quality assurance and fraud prevention. This does not prevent Trust Swiftly from generating Aggregated Anonymous Data in accordance with applicable law.
You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Trust Swiftly or its service provider for the duration of your business relationship, solely to help us identify you or your wireless device and to prevent fraud. Please see our Privacy Policy for how we treat your data.
(a) Definitions. For purposes of these Terms, “Content” means text, graphics, images, audio, video, and any other materials generated, published, or otherwise made available through the Site.
(b) Our Content Ownership. Trust Swiftly and its licensors exclusively own all right, title, and interest in and to the Site and its Content, including all associated intellectual property rights. The Site and its Content are protected by copyright, trademark, and other laws of the United States. You agree not to remove, alter, or obscure any proprietary rights notices.
(c) Rights Granted by Trust Swiftly. Subject to your compliance with these Terms, Trust Swiftly grants you a limited, non-exclusive, non-transferable license (with no right to sublicense) to access and view the Content solely for your personal, non-commercial use in connection with the Services.
You agree not to do any of the following:
a. Use, display, or frame the Site or any of its elements, including Trust Swiftly’s name, trademarks, or proprietary information, without our express written consent.
b. Access or tamper with non-public areas of the Site or our computer systems.
c. Attempt to probe, scan, or test the vulnerability of any Trust Swiftly system or breach any security measures.
d. Circumvent any technological measure implemented by us or any third party to protect the Site.
e. Use any meta tags or hidden text utilizing a Trust Swiftly trademark without our express written consent.
f. Use the Site or its Content for any commercial purpose not permitted by these Terms.
g. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site.
h. Collect personally identifiable information from other users without their express permission.
i. Violate any applicable law or regulation.
j. Encourage or enable any other individual to do any of the foregoing.
While we are not obligated to monitor access to the Site, we have the right to do so to operate the Site, ensure compliance with these Terms, and comply with legal requirements. We reserve the right to investigate violations and cooperate with law enforcement authorities to prosecute users who violate the law.
The Site may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content or services on or available from those websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites.
THE SITE AND ITS CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. We make no warranty that the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
Indemnity. You will indemnify and hold harmless Trust Swiftly and its officers, directors, employees, and agents from any claims, disputes, liabilities, damages, and costs (including reasonable legal fees) arising out of your access to the Site or your violation of these Terms.
NEITHER TRUST SWIFTLY NOR ANY OTHER PARTY INVOLVED IN CREATING OR DELIVERING THE SITE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF THE SITE. THIS APPLIES WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
These Terms and any related action will be governed by the Federal Arbitration Act and the laws of the United States. Except as otherwise set forth in Section 12, the exclusive jurisdiction for all Disputes will be the state and federal courts located in California.
(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim, or controversy arising out of these Terms or the use of the Site (“Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action. You and Trust Swiftly are each waiving the right to a trial by jury or to participate in a class action.
(b) Exceptions and Opt-Out. As limited exceptions, you may seek to resolve a Dispute in small claims court if it qualifies, and we each retain the right to seek injunctive relief to prevent the infringement of our intellectual property rights. You may opt out of arbitration by providing us with written notice via email to [email protected] within thirty (30) days of first agreeing to these Terms.
(c) Class Action Waiver. YOU AND TRUST SWIFTLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
(d) Severability. With the exception of the Class Action Waiver, if an arbitrator or court decides that any part of these Terms is invalid, the other parts will still apply.
These Terms constitute the entire agreement between you and Trust Swiftly regarding the Site. You may not assign or transfer these Terms without our prior written consent. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.
If you have any questions about these Terms, please contact us at [email protected].
We welcome your feedback. By submitting feedback to us at [email protected], you grant us a non-exclusive, transferable, worldwide, perpetual, royalty-free license to use, copy, modify, and otherwise exploit the feedback for any purpose.