Terms of Service

1 Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Lookout Software, LLC ("Company," "we," "us," or "our"), governing your access to and use of the SwiftMerge for Outlook 365 application, website, and related services (collectively, the "Service").

By creating an account, installing the add-in, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are accepting these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization.

2 Service Description

SwiftMerge for Outlook 365 is an email marketing add-in for Microsoft Outlook that enables users to send personalized mail merge campaigns, track email engagement, manage contact lists, and schedule deliveries — all from within the Outlook interface.

The Service is provided as a software-as-a-service (SaaS) product and is accessed through the Microsoft AppSource marketplace. The Service integrates with your Microsoft 365 account via Microsoft Graph API to send emails on your behalf from your own mailbox.

We reserve the right to modify, update, or discontinue any feature or aspect of the Service at any time with reasonable notice. We will endeavor to provide advance notification of material changes via email or in-app notice.

3 Accounts & Registration

To use the Service, you must authenticate via Microsoft OAuth 2.0 using a valid Microsoft 365 account. You agree to:

• Provide accurate and complete information during registration and keep your account information up to date.
• Maintain the security of your Microsoft 365 credentials and any authentication tokens associated with your SwiftMerge account.
• Immediately notify us of any unauthorized use of your account or any other breach of security.
• Accept responsibility for all activities that occur under your account, whether or not authorized by you.

You must be at least 18 years of age (or the age of majority in your jurisdiction) to create an account and use the Service. We reserve the right to suspend or terminate accounts that violate these Terms.

4 Acceptable Use

You agree to use the Service in compliance with all applicable laws, regulations, and these Terms. You may not use the Service to:

• Send unsolicited bulk email (spam), including emails to recipients who have not opted in to receive communications from you.
• Distribute malware, phishing attempts, or any other harmful or deceptive content.
• Harvest, collect, or store email addresses or personal data of third parties without their explicit consent.
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity.
• Violate the CAN-SPAM Act, GDPR, CASL, or any other applicable anti-spam or data protection legislation.
• Circumvent, disable, or otherwise interfere with any security, rate-limiting, or access-control features of the Service.
• Use the Service in any manner that could damage, overburden, or impair our infrastructure or Microsoft 365 services.
• Resell, sublicense, or provide access to the Service to third parties without our prior written consent.

We reserve the right to investigate and take appropriate action against any violations, including suspending or terminating your account and reporting illegal activity to law enforcement authorities.

5 Subscriptions & Billing

Free Tier. The Starter plan is available at no charge and includes limited features and sending volume. The free tier may be modified or discontinued at our discretion with 30 days' notice.

Paid Plans. Professional and Enterprise plans are available on a monthly or annual subscription basis. Prices are listed on our Pricing page and are subject to change with 30 days' advance notice. Changes in pricing will not affect the current billing cycle.

Billing. Paid subscriptions are billed in advance on a recurring basis (monthly or annually, depending on your selection). Payment is processed through our authorized payment provider. You authorize us to charge your designated payment method for all applicable fees.

Cancellation. You may cancel your subscription at any time through your account settings. Upon cancellation, you will retain access to paid features through the end of your current billing period. No partial refunds are provided for unused portions of a billing period.

Refunds. We offer a 14-day money-back guarantee for new paid subscriptions. If you are not satisfied, contact us within 14 days of your initial purchase for a full refund. This guarantee does not apply to renewal charges.

6 Intellectual Property

The Service, including its original content, features, functionality, design, and underlying technology, is and remains the exclusive property of Lookout Software, LLC and its licensors. The Service is protected by copyright, trademark, trade secret, and other intellectual property laws.

The SwiftMerge name, logo, and all related marks are trademarks of Lookout Software, LLC. You may not use our trademarks without prior written consent, except as permitted by applicable trademark law.

Your Content. You retain ownership of all content, data, and materials you create, upload, or transmit through the Service ("User Content"). By using the Service, you grant us a limited, non-exclusive license to process your User Content solely as necessary to provide and improve the Service.

7 Data & Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, store, and protect your personal information. By using the Service, you consent to the practices described in the Privacy Policy.

Data Security. We implement industry-standard security measures to protect your data, including AES-256 encryption at rest, TLS 1.3 encryption in transit, and secure Microsoft OAuth 2.0 authentication. However, no method of electronic storage or transmission is 100% secure, and we cannot guarantee absolute security.

Data Retention. We retain your account data and campaign history for as long as your account is active. Upon account deletion, we will remove your personal data within 30 days, except where retention is required by law or for legitimate business purposes (e.g., fraud prevention).

Data Portability. You may export your campaign data and contact lists at any time through the Service's export functionality. Upon request, we will provide a copy of your personal data in a machine-readable format.

8 Third-Party Services

The Service integrates with and relies upon third-party services, including but not limited to Microsoft 365, Microsoft Graph API, and Microsoft AppSource. Your use of these third-party services is subject to their respective terms of service and privacy policies.

We are not responsible for the availability, accuracy, or content of third-party services. Microsoft 365 sending limits, service outages, and policy changes are beyond our control and may affect the functionality of the Service.

The Service may contain links to third-party websites or resources. We provide these links for convenience only and are not responsible for the content or practices of any linked third-party sites.

9 Disclaimers

We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not guarantee any specific email delivery rates, open rates, or campaign performance results.

Email deliverability depends on many factors outside our control, including recipient email providers, spam filters, Microsoft 365 sending policies, and the quality of your email content and contact lists.

10 Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Lookout Software, LLC, its directors, officers, employees, affiliates, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill, arising out of or in connection with your use of the Service.

Our total aggregate liability for all claims arising out of or relating to these Terms or the Service shall not exceed the greater of (a) the amount you paid us in the twelve (12) months preceding the claim, or (b) one hundred U.S. dollars ($100).

These limitations apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

11 Indemnification

You agree to indemnify, defend, and hold harmless Lookout Software, LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service or violation of these Terms.
• Your User Content, including any email campaigns you send through the Service.
• Your violation of any applicable law or regulation, including anti-spam and data protection laws.
• Your infringement of any intellectual property or other rights of any third party.

12 Termination

We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

You may terminate your account at any time by contacting us or through your account settings. Upon termination, we will delete your account data in accordance with Section 7 (Data & Privacy) of these Terms.

Sections relating to intellectual property, disclaimers, limitation of liability, indemnification, governing law, and any other provisions that by their nature should survive, shall survive the termination of these Terms.

13 Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by email (using the address associated with your account) or by posting a prominent notice within the Service at least 30 days before the changes take effect.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service and delete your account.

14 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. Any disputes arising from or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Hood County, Texas.

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining Terms shall continue in full force and effect.

15 Contact Us

If you have questions, concerns, or feedback regarding these Terms of Service, please contact us: