Terms of Use

These Terms of Use ("Terms") govern your access to and use of the SwiftCue platform, websites and related services (the "Service"), operated by SwiftCue ("SwiftCue", "we", "us"). By creating an account, running a pilot, or otherwise using the Service, you ("Customer", "you") agree to these Terms. If you are agreeing on behalf of an organisation, you confirm you have authority to bind that organisation.

1. The Service

SwiftCue provides AI-driven sales simulations, roleplays and coaching, delivered over WhatsApp, live phone calls and a web dashboard, together with related analytics. We may update, improve or change features from time to time.

2. Accounts and eligibility

You must provide accurate account information and keep your login credentials secure. You are responsible for all activity under your account. The Service is intended for business use by organisations and their authorised users, and is not directed at consumers or children.

3. Customer responsibilities

You are responsible for:

• Lawful use of the Service and compliance with all laws applicable to you, including data-protection and employment laws.
• Obtaining all necessary consents from your staff (and, where you use the Service for candidate vetting, from candidates) before their conversations are assessed or recorded through the Service.
• The accuracy of the data you enter, including staff contact details.
• Ensuring your authorised users comply with these Terms.

4. Acceptable use

You agree not to: (a) use the Service unlawfully or to harass, deceive or harm any person; (b) attempt to reverse engineer, disrupt, or gain unauthorised access to the Service; (c) upload malicious code or infringing, unlawful or offensive content; (d) resell or provide the Service to third parties except as expressly permitted; or (e) use the Service to make automated decisions with legal or similarly significant effects on individuals without appropriate human review.

5. Fees

Paid plans are billed as agreed in your order or plan selection. Pilots may be offered free of charge for a limited period. Unless stated otherwise, fees are exclusive of VAT and are non-refundable except as required by law.

6. Intellectual property

SwiftCue and its licensors own all rights in the Service, including its software, models, scoring logic, and content. You retain ownership of the data you and your users submit ("Customer Data"). You grant us a limited licence to process Customer Data solely to provide and improve the Service, subject to our Privacy Policy.

7. Confidentiality

Each party will protect the other's confidential information and use it only to perform under these Terms.

8. Disclaimers

The Service is provided "as is". SwiftCue's assessments, scores and coaching are automated aids and may contain errors; they are not a substitute for your own management judgement, and must not be the sole basis for employment decisions such as hiring, discipline or dismissal. To the maximum extent permitted by law, we disclaim all warranties not expressly stated in these Terms.

9. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special or consequential damages, or loss of profits, revenue or data. SwiftCue's total aggregate liability arising out of or relating to the Service is limited to the fees you paid to SwiftCue in the 12 months preceding the event giving rise to the claim.

10. Term and termination

Either party may terminate for material breach not cured within 30 days of notice. You may stop using the Service at any time. On termination, your right to use the Service ends; we will handle your data as described in the Privacy Policy.

11. Changes

We may update these Terms from time to time. Material changes will be notified through the Service or by email, and take effect when posted with an updated date. Continued use after changes means you accept them.

12. Governing law

These Terms are governed by the laws of the Republic of South Africa, and the courts of South Africa have jurisdiction, unless otherwise agreed in a signed order.

13. Contact

Questions about these Terms: hello@swiftcue.io.