Welcome to SwiftMerge. These Terms of Service ("Terms") govern your access to and use of SwiftMerge, an email marketing service provided by Lookout Software, LLC ("Lookout," "we," "us," or "our"). By using SwiftMerge, you agree to be bound by these Terms. Please read them carefully.
1. Agreement to Terms
By accessing or using SwiftMerge, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use SwiftMerge.
Eligibility
- You must be at least 18 years old to use SwiftMerge
- You must have a valid Gmail or Google Workspace account
- You must have the legal capacity to enter into binding contracts
- You must not be prohibited from using the service under applicable laws
2. Use License
Subject to these Terms, Lookout Software, LLC grants you a limited, non-exclusive, non-transferable, revocable license to use SwiftMerge for your personal or business email marketing purposes.
License Restrictions
- You may not modify, copy, or reverse engineer any part of SwiftMerge
- You may not resell, sublicense, or distribute SwiftMerge to third parties
- You may not use SwiftMerge to violate any applicable laws or regulations
- You may not bypass or circumvent any security features or limitations
3. User Accounts
Account Creation
To use SwiftMerge, you must authenticate using your Google account. You are responsible for:
- Maintaining the security of your Google account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized access
- Ensuring your account information is accurate and up-to-date
Account Suspension
We reserve the right to suspend or terminate your account if you violate these Terms or engage in prohibited activities.
4. Acceptable Use Policy
Important: Violation of this Acceptable Use Policy may result in immediate account termination without refund.
You agree NOT to use SwiftMerge to:
- Send spam: Unsolicited bulk emails or messages to recipients who have not opted in
- Violate laws: Any activity that violates local, state, national, or international law
- Phishing: Impersonate others or attempt to obtain sensitive information fraudulently
- Malicious content: Distribute malware, viruses, or other harmful code
- Harassment: Send threatening, abusive, or harassing messages
- Copyright infringement: Send content that violates intellectual property rights
- Deceptive practices: Use misleading headers, subject lines, or sender information
- Purchased lists: Send emails to purchased, rented, or scraped email lists
Compliance Requirements
You must comply with all applicable email marketing laws, including but not limited to:
- CAN-SPAM Act (United States)
- GDPR (European Union)
- CASL (Canada)
- PECR (United Kingdom)
Best Practice: Always obtain explicit consent before sending marketing emails, include clear unsubscribe options, and honor opt-out requests promptly.
5. Payment and Billing
Subscription Plans
SwiftMerge offers the following subscription options:
- Free Trial: 14-day trial with full feature access, no credit card required
- Monthly Plan: $5 per month, billed monthly
- Annual Plan: $48 per year, billed annually (equivalent to $4/month)
Billing Terms
- All fees are in U.S. dollars unless otherwise stated
- Subscriptions automatically renew unless cancelled
- You authorize us to charge your payment method on each renewal date
- Prices are subject to change with 30 days' notice
Refund Policy
We offer a 30-day money-back guarantee for new subscribers. Refunds are not available for:
- Accounts terminated for Terms of Service violations
- Subscription renewals beyond the first billing cycle
- Partial months or unused portions of subscription periods
Cancellation
You may cancel your subscription at any time through your account settings. Cancellations take effect at the end of the current billing period. No refunds are provided for early cancellation of annual plans.
6. Intellectual Property
SwiftMerge Property
All content, features, and functionality of SwiftMerge, including but not limited to text, graphics, logos, software, and design, are owned by Lookout Software, LLC and protected by copyright, trademark, and other intellectual property laws.
Your Content
You retain all rights to the content you create using SwiftMerge, including email templates, contact lists, and campaign materials. By using SwiftMerge, you grant us a limited license to:
- Process and store your content to provide the service
- Display your content back to you within the application
- Use anonymized, aggregated data for service improvement
We do not claim ownership of your content and will not use it for any purpose other than providing the service.
7. Third-Party Services
SwiftMerge integrates with third-party services, including:
- Google Services: Gmail, Google Sheets, Google Contacts, Google Drive
- Payment Processors: For subscription billing
Your use of third-party services is subject to their respective terms and policies. We are not responsible for the availability, accuracy, or practices of third-party services.
Google API Disclosure
SwiftMerge's use of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements.
8. Disclaimer of Warranties
IMPORTANT LEGAL NOTICE: SwiftMerge is provided "AS IS" and "AS AVAILABLE" without warranties of any kind.
To the fullest extent permitted by law, Lookout Software, LLC disclaims all warranties, express or implied, including but not limited to:
- Warranties of merchantability and fitness for a particular purpose
- Warranties that the service will be uninterrupted, secure, or error-free
- Warranties regarding the accuracy or reliability of results
- Warranties that defects will be corrected
You use SwiftMerge at your own risk. We do not guarantee that:
- Your emails will be delivered successfully
- Your campaigns will achieve specific results
- The service will meet your specific requirements
- Third-party integrations will always be available
9. Limitation of Liability
To the maximum extent permitted by law, Lookout Software, LLC and its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
- Loss of profits, revenue, or data
- Loss of business opportunities
- Service interruptions or downtime
- Damages resulting from your use or inability to use the service
- Damages arising from third-party services or integrations
In no event shall Lookout Software, LLC's total liability exceed the amount you paid us in the twelve (12) months preceding the claim, or $100, whichever is greater.
Indemnification
You agree to indemnify and hold Lookout Software, LLC harmless from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
- Your violation of these Terms
- Your violation of any applicable laws or regulations
- Your content or email campaigns
- Your infringement of any third-party rights
10. Termination
Termination by You
You may terminate your account at any time by:
- Canceling your subscription through account settings
- Revoking SwiftMerge's access to your Google account
- Contacting our support team
Termination by Us
We reserve the right to suspend or terminate your account immediately, without notice, if:
- You violate these Terms or our Acceptable Use Policy
- Your account is associated with fraudulent activity
- You fail to pay subscription fees
- We are required to do so by law
- Continued operation would create liability for us or other users
Effect of Termination
Upon termination:
- Your access to SwiftMerge will be immediately revoked
- Your campaign data stored in Google Sheets will remain accessible to you
- We may delete account-related data within 30 days
- You remain liable for any fees incurred before termination
- Provisions that should survive termination will remain in effect
11. Governing Law and Dispute Resolution
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions.
Dispute Resolution
In the event of any dispute arising out of or relating to these Terms:
- You agree to first contact us to attempt informal resolution
- If informal resolution fails, disputes will be resolved through binding arbitration
- Arbitration will be conducted by JAMS in accordance with their rules
- The arbitration will take place in Dallas, Texas
- Each party will bear its own costs and attorney fees
Class Action Waiver
You agree to resolve disputes individually and waive the right to participate in class actions or class-wide arbitration.
12. Changes to Terms
We reserve the right to modify these Terms at any time. When we make changes:
- We will update the "Last Updated" date at the top of this page
- We will notify you via email for material changes
- We will display a notice within SwiftMerge
- Changes become effective 30 days after notification
Your continued use of SwiftMerge after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the service and cancel your account.