Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between SWIFT-PIVOT LLC (“Swift Pivot”, “we”, “us”) and the person or entity using the service (“you”). By creating an account or using Swift Pivot, you accept these Terms. If you do not accept them, do not use the service.

If you are entering into these Terms on behalf of a company or other organization, you represent that you have authority to bind it, and “you” means that organization.

Our Privacy Policy is incorporated into these Terms by reference.

• You must be at least 18 and provide accurate registration information.
• You are responsible for activity under your account and for keeping your credentials secure. Tell us promptly at contact@swift-pivot.com if you suspect unauthorized access.
• Work in Swift Pivot belongs to an organization. Whoever creates an organization is its owner and controls its data, its members and their roles.
• Members you invite can see and act on that organization’s data according to their role. Invite deliberately — an administrator can connect and disconnect social accounts and manage credentials.
• The organization owner is responsible for its members’ use of the service and for removing members who should no longer have access.

Swift Pivot is a marketing platform for home care agencies. Depending on the features enabled for your account, it can publish content to social networks you connect, generate marketing copy and imagery, capture leads, hold a contact database, and send bulk email and SMS campaigns.

Social publishing currently supports Facebook, Instagram, LinkedIn, TikTok and X. We describe supported networks honestly and do not promise integrations that do not exist. Available networks may change if a provider changes its API or terms — that is outside our control.

We may modify, add or remove features. If we discontinue something material, we will give reasonable notice so you can export your data.

You retain all rights to the content you upload — post text, images, video, contact records and campaign copy (“Your Content”). We claim no ownership of it.

You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, transmit and display Your Content solely to operate the service for you — including transmitting it to the social networks and messaging providers you direct us to. This licence ends when you delete the content or close your account, except for content already published to a third-party network and for backup copies pending routine deletion.

You represent that you own or have the rights to Your Content and that it does not:

• Infringe anyone’s intellectual property, privacy or publicity rights;
• Contain unlawful, defamatory, deceptive or harassing material;
• Make health claims you cannot substantiate.

You may not use Swift Pivot to:

• Send unsolicited commercial messages, or message anyone who has opted out;
• Circumvent, disable or interfere with consent checks, suppression lists, unsubscribe handling or rate limits;
• Upload purchased, scraped, rented or otherwise non-consented contact lists;
• Impersonate any person or organization, or misrepresent your affiliation;
• Connect a social account you are not authorized to publish to, or link a destination belonging to another organization;
• Probe, scan or test the vulnerability of the service, or attempt to access another organization’s data;
• Reverse engineer the service, resell it, or use it to build a competing product;
• Transmit malware, or use the service to violate any law.

We may suspend or terminate accounts that violate this section, and we may do so without notice where continued use would cause harm or legal exposure to us or others.

You are the sender of every message you originate through Swift Pivot, and you are solely responsible for its legality. In particular you are responsible for:

• Consent. Obtaining and being able to evidence the consent each channel requires — including prior express written consent for marketing SMS under the Telephone Consumer Protection Act (TCPA).
• Accurate records. The consent state, timestamp and source recorded against each contact must reflect reality. We store what you tell us; we cannot verify consent obtained elsewhere.
• CAN-SPAM. Honest headers and subject lines, a working unsubscribe mechanism, and a valid physical postal address in every commercial email.
• Opt-outs. Honoring unsubscribe and STOP requests. The platform suppresses them automatically; you must not re-add a suppressed contact.
• Registration. Completing carrier registration truthfully before sending SMS — A2P 10DLC brand and campaign registration for a local number, or toll-free verification for a toll-free number — and complying with carrier rules.
• Quiet hours and state law. Some states impose stricter timing and consent rules than federal law. Complying with the strictest applicable rule is your responsibility.

We may suspend sending on an account that generates excessive complaints, bounces or opt-outs, or that a provider or carrier flags — this protects the deliverability of every other customer on shared infrastructure.

Prohibited data includes diagnoses, treatment or care plans, medication details, clinical notes, insurance or claims information, and any record linking an identifiable person to their health condition or care.

Ordinary contact information — a name, email address and phone number for someone enquiring about your services — is permitted and is what the platform is designed for.

If you upload PHI in breach of this section you do so at your own risk, you are responsible for the consequences including any breach-notification obligations, and we may delete the data and suspend the account.

Swift Pivot connects to services we do not control — social networks, a social publishing aggregator, email and SMS providers. Your use of those services is also governed by their terms.

• We are not responsible for a third party’s availability, or for content once it reaches their platform.
• A network may reject, remove or limit a post under its own policies. That is between you and them.
• If you supply your own third-party API key, you are responsible for that account, including its costs and its terms.
• A third party changing or withdrawing its API may remove functionality from Swift Pivot with little notice.

Any fees, included usage and billing terms are those presented to you when you subscribe. Unless stated otherwise, fees are quoted in US dollars, exclusive of taxes, billed in advance and non-refundable except where required by law.

Some features depend on third-party accounts billed separately by that provider — SMS carrier fees and carrier registration charges, for example. Those are your costs, not ours.

If we introduce or change fees for a feature you already use, we will give at least 30 days’ notice, and you may cancel before the change takes effect.

These Terms run for as long as you use the service. You may stop and delete your account at any time under Settings → Account.

We may suspend or terminate your access if you materially breach these Terms, if your use creates legal or security risk, or if we are required to by law. Where circumstances allow, we will give notice and an opportunity to fix the problem.

What happens on termination

• Access ends and scheduled sending stops.
• You may export your data for 30 days, after which it is deleted per the Privacy Policy §8.
• Content already published to a social network stays there — you must remove it at the source.
• Suppression and opt-out records may be retained, because re-contacting someone who opted out is the harm those records exist to prevent.

The service is provided “as is” and “as available”. To the fullest extent permitted by law we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement.

We specifically do not warrant that:

• The service will be uninterrupted, timely or error-free;
• Every post or message will be delivered — third-party networks, carriers and spam filters make their own decisions;
• The service will produce any particular marketing or business result.

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, even if advised of the possibility.

Our total aggregate liability arising out of or relating to these Terms is limited to the greater of (a) the amounts you paid us in the twelve months before the event giving rise to the claim, or (b) one hundred US dollars ($100).

These limits do not apply to your obligations under §13, to either party’s gross negligence or wilful misconduct, or to any liability that cannot be limited by law. Some jurisdictions do not allow certain exclusions, so parts of this section may not apply to you.

You will defend, indemnify and hold harmless SWIFT-PIVOT LLC, its officers, employees and agents from any claim, damages, liability, penalty or expense (including reasonable legal fees) arising from:

• Your Content, or messages you send through the service;
• Your breach of §6 (marketing compliance), including TCPA, CAN-SPAM and state-law claims brought by your recipients;
• Your breach of §7 (no protected health information);
• Your violation of these Terms or of any law or third-party right.

We may update these Terms as the product and the law change. For material changes we will give at least 30 days’ notice by email or in-product notice before they take effect. Continuing to use the service after that means you accept the revised Terms; if you do not, stop using the service and delete your account.

These Terms are governed by the laws of the State of New Jersey, without regard to its conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Hudson County, New Jersey.

Before filing a claim, each party agrees to try to resolve the dispute informally by contacting the other at the address in §16 and allowing 30 days to respond.

If any provision of these Terms is held unenforceable, the rest remains in force. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition or sale of assets. These Terms, together with the Privacy Policy, are the entire agreement between the parties on this subject.

Notices under these Terms should be sent to: