Terms of Service LeadSwift AI Terms of Service

Welcome to the LeadSwift AI Terms of Service

Welcome to LeadSwift AI ("LeadSwift AI," "we," "our," or "us").

These Terms of Service ("Terms") govern your access to and use of the LeadSwift AI website, products, consulting services, AI automation services, software integrations, and any related services (collectively, the "Services").

By accessing our website, requesting a consultation, purchasing our Services, or otherwise engaging with LeadSwift AI, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Services.

About LeadSwift AI

LeadSwift AI provides AI-powered customer acquisition, communication, and business automation solutions designed primarily for local and service-based businesses. Services may include, but are not limited to, AI Voice Receptionists, 24/7 AI phone answering, automated customer support, website and social media lead capture, lead qualification, appointment scheduling, automated SMS and email follow-up, customer relationship management (CRM), sales pipeline tracking, workflow automation, review and reputation management, reporting and performance analytics, third-party software integrations, AI-powered messaging assistants, customized automation solutions, and AI strategy, consulting, configuration, and implementation services. The specific services, features, usage allowances, integrations, and level of support provided to a client will depend on the package, proposal, service agreement, or customized solution selected. Certain features may rely on third-party platforms, telecommunications providers, artificial intelligence systems, social media platforms, payment processors, scheduling tools, or other external services. LeadSwift AI provides technology, software configuration, automation, and consulting services only. LeadSwift AI is not a legal, accounting, tax, financial, employment, regulatory, or professional marketing advisory firm. Information, recommendations, automated communications, reports, and AI-generated outputs provided through our services are for general business purposes and should not be relied upon as professional advice or as a guarantee of leads, appointments, sales, revenue, rankings, or other business results.

Eligibility

You must be at least 18 years of age and have the legal authority to enter into a binding agreement on behalf of yourself or your business.

Services

The scope of Services provided by LeadSwift AI will be outlined in the applicable proposal, invoice, subscription plan, service agreement, order form, or other written communication. Services may include, but are not limited to, initial consultation and strategy, account setup and onboarding, AI Voice Receptionist implementation, AI phone answering, website and social media lead capture, AI chatbot deployment, lead qualification, appointment booking automation, automated SMS and email follow-up, CRM setup and integration, sales pipeline configuration, workflow automation, review and reputation management, reporting and performance analytics, third-party software integrations, customized automation solutions, ongoing optimization, technical support, and training.The specific features, usage limits, integrations, support level, and deliverables included will depend on the package or customized solution selected. Certain Services may require access to or subscriptions for third-party software, telecommunications services, artificial intelligence platforms, CRM systems, messaging services, payment processors, or other external tools. Unless expressly stated in writing, third-party fees, subscriptions, usage charges, messaging costs, telephone charges, and related expenses are not included in LeadSwift AI’s fees and remain the client’s responsibility. Allowances, Overages and Additional Charges LeadSwift AI service packages may include specified usage allowances for call minutes, phone numbers, text messages, emails, form submissions, CRM users, integrations, automation activity, data storage, and other services. Exceeding the allowances included in the Client’s selected package may be subject to additional charges at the rates stated in the applicable proposal, order form, service agreement, or written notice provided to the Client. Optional add-ons, custom development, additional workflows, integrations, locations, phone numbers, premium support, third-party software, payment processing, and services outside the agreed scope are not included unless expressly stated.LeadSwift AI will obtain the Client’s approval before completing material work outside the agreed scope. Usage-based charges incurred through previously authorized services may be invoiced according to the applicable service agreement. Applicable taxes are additional.

Fees and Payment

Fees for Services will be disclosed through the applicable proposal, invoice, subscription plan, service agreement, order form, checkout page, or other written communication before the Services begin. Unless otherwise agreed in writing: Setup, onboarding, implementation, and customization fees are due before work begins. Subscription fees are billed in advance according to the billing cycle selected. Usage-based charges, including telephone minutes, SMS or messaging usage, email usage, artificial intelligence usage, integrations, and other third-party service costs, may be billed separately or added to the client’s next invoice where applicable. Payments will be processed through Stripe or another authorized third-party payment processor. By providing a payment method and purchasing a recurring subscription, the client authorizes LeadSwift AI and its payment processor to charge the applicable subscription fees, usage charges, taxes, and other agreed amounts to that payment method on a recurring basis until the subscription is cancelled or terminated in accordance with these Terms. All fees are payable in the currency displayed in the applicable proposal, invoice, agreement, or checkout page. Applicable sales taxes, including GST/HST or other taxes required by law, will be added to the fees where applicable. Third-party software subscriptions, telephone charges, messaging charges, platform fees, and other external service costs are not included unless expressly stated in writing. The client is responsible for maintaining accurate billing information and a valid payment method. If a payment is declined, overdue, disputed, reversed, or otherwise unsuccessful, LeadSwift AI may retry the payment, suspend access to some or all Services, delay implementation or deliverables, or terminate the Services until all outstanding amounts have been paid. Unless otherwise stated in writing or required by applicable law, fees already paid are not refundable once implementation, configuration, onboarding, customization, or service delivery has begun.

Refund Policy

Unless otherwise expressly stated in writing or required by applicable law: Consultation fees are non-refundable once the consultation has been provided. Setup, onboarding, implementation, configuration, integration, customization, and training fees are non-refundable once the applicable work has commenced. Subscription fees are billed in advance and are non-refundable once a billing period has begun. Cancelling or downgrading a subscription will not result in a refund or prorated credit for any unused portion of the current billing period. Usage-based charges, including telephone, messaging, email, artificial intelligence, automation, integration, and other service usage charges, are non-refundable once incurred. Third-party software, platform, telecommunications, licensing, and service fees paid or incurred on the client’s behalf are non-refundable. Deposits and payments for customized solutions or project-based work are non-refundable once planning, development, configuration, or implementation has commenced. Cancellation of Services will prevent future subscription renewals in accordance with the applicable cancellation terms but will not reverse fees or charges already billed or incurred. Any refund or account credit issued by LeadSwift AI outside this policy will be provided at LeadSwift AI’s discretion and will not create an obligation to provide similar refunds or credits in the future. Nothing in this Refund Policy limits or excludes any refund, cancellation right, remedy, or other consumer right that cannot lawfully be waived or restricted under applicable law.

Client Responsibilities

The client is responsible for: Providing LeadSwift AI with timely access to all accounts, systems, platforms, login credentials, technical information, business details, branding materials, policies, and other resources reasonably required to configure and deliver the Services. Ensuring that all information, instructions, content, offers, pricing, business hours, service details, frequently asked questions, and other materials supplied to LeadSwift AI are accurate, complete, lawful, and kept up to date. Reviewing, testing, approving, and monitoring AI voice scripts, call flows, chatbot responses, automated messages, appointment-booking workflows, lead qualification criteria, email and SMS sequences, and other deliverables before and during their use. Promptly notifying LeadSwift AI of any errors, inaccuracies, service changes, unauthorized activity, technical issues, or required updates. Responding to and following up with leads, customers, appointments, support requests, and other communications generated, captured, qualified, or identified through the Services. Maintaining all third-party accounts, subscriptions, licences, telephone numbers, email accounts, messaging services, payment processors, CRM systems, social media accounts, and other platforms required for the Services. Paying all applicable third-party fees, usage charges, telecommunications costs, messaging fees, software subscriptions, and platform expenses unless expressly included in writing. Obtaining all permissions, consents, notices, and authorizations required to contact, record, message, email, store information about, or otherwise interact with customers, leads, employees, and other individuals. Ensuring that the client’s use of the Services, including all instructions, campaigns, communications, recordings, data collection, and content, complies with applicable laws, regulations, platform rules, industry requirements, and third-party terms of service. Maintaining appropriate human oversight of AI-generated responses and ensuring that important, sensitive, regulated, emergency, or high-risk matters are reviewed and handled by a qualified person. The client remains responsible for its business decisions, customer relationships, communications, offers, services, legal compliance, and use of any output produced through the Services. LeadSwift AI is not responsible for delays, errors, interruptions, or other issues caused by incomplete information, delayed approvals, unavailable accounts, expired subscriptions, incorrect instructions, third-party platforms, or the client’s failure to meet these responsibilities.

AI Disclaimers & Liability

AI-generated responses may occasionally contain errors. Clients are responsible for reviewing and approving AI workflows and content before deployment where appropriate. Results such as increased leads or revenue cannot be guaranteed. LeadSwift AI provides automation tools and services but does not guarantee specific business outcomes.

AI Services Disclaimer

LeadSwift AI uses large language models, machine learning systems, voice recognition technology, automated decision-making tools, and other artificial intelligence technologies to provide certain features of the Services. Some of these technologies may be supplied, hosted, or supported by third-party providers. You acknowledge that artificial intelligence is an evolving technology and may produce responses, recommendations, summaries, classifications, transcriptions, communications, or automated actions that are inaccurate, incomplete, outdated, inconsistent, biased, misleading, or inappropriate for a particular situation. AI systems may also misunderstand instructions, accents, names, customer inquiries, context, intent, or information provided to them. LeadSwift AI does not guarantee the accuracy, reliability, completeness, availability, or suitability of any AI-generated output or action. You are responsible for reviewing, testing, approving, and monitoring AI scripts, workflows, communications, and outputs used in your business and for maintaining appropriate human oversight. AI-generated outputs must not be relied upon as legal, accounting, tax, financial, medical, emergency, regulatory, or other professional advice.

No Guarantee of Results

While the Services are designed to improve customer acquisition, lead management, response times, appointment scheduling, follow-up processes, operational efficiency, and customer communications, LeadSwift AI does not guarantee any specific business outcome. This includes, without limitation, any guarantee of lead volume or quality, appointments, sales, revenue, profit, conversion rates, customer retention, online reviews, customer satisfaction, search rankings, cost savings, return on investment, or business growth. Results may vary based on factors outside LeadSwift AI’s control, including market conditions, customer demand, competition, the client’s products or services, pricing, advertising budget, business practices, response times, follow-up efforts, information supplied to the Services, and the availability or performance of third-party platforms.

Limitation of Liability

To the maximum extent permitted by applicable law, LeadSwift AI and its owners, directors, officers, employees, contractors, affiliates, agents, and service providers will not be liable for any indirect, incidental, special, exemplary, consequential, or punitive damages arising out of or relating to the Services or these Terms. This includes, without limitation, loss of profits, revenue, customers, goodwill, business opportunities, anticipated savings, data, communications, appointments, leads, or access to accounts or third-party platforms, even if LeadSwift AI was advised that such damages were possible. LeadSwift AI will not be responsible for errors or losses resulting from AI-generated outputs, missed or misunderstood communications, inaccurate lead information, failed message delivery, appointment errors, unauthorized account access caused by the client, third-party platform failures, or the client’s reliance on automated outputs without appropriate review. To the maximum extent permitted by law, LeadSwift AI’s total aggregate liability arising out of or relating to the Services or these Terms will not exceed the fees paid by the client to LeadSwift AI for the affected Services during the three months immediately preceding the event giving rise to the claim. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

Indemnification

You agree to indemnify, defend, and hold harmless LeadSwift AI and its owners, directors, officers, employees, contractors, affiliates, agents, and service providers from and against any third-party claims, demands, proceedings, damages, losses, liabilities, penalties, fines, judgments, settlements, and reasonable legal expenses arising out of or relating to: your access to or use of the Services; information, data, instructions, content, offers, scripts, contact lists, or materials supplied by you; communications, calls, emails, text messages, advertisements, or campaigns conducted through the Services; your violation of these Terms or applicable law; your failure to obtain required permissions, notices, authorizations, or consents; your infringement of intellectual property, privacy, publicity, contractual, or other third-party rights; or the products, services, representations, and business activities you provide to your customers. This indemnification obligation will not apply to the extent that a claim is directly caused by LeadSwift AI’s gross negligence or willful misconduct.

Service Availability

LeadSwift AI will use commercially reasonable efforts to provide reliable access to the Services but does not guarantee that the Services will always be available, uninterrupted, secure, timely, or error-free. The Services may be temporarily restricted, delayed, suspended, or unavailable because of scheduled maintenance, updates, security concerns, system failures, internet or telecommunications outages, force majeure events, client equipment or account issues, or circumstances beyond LeadSwift AI’s reasonable control. Certain features depend on third-party providers, including artificial intelligence model providers, telecommunications carriers, hosting services, CRM platforms, messaging providers, email services, social media platforms, scheduling tools, payment processors, and integration providers. LeadSwift AI is not responsible for interruptions, errors, pricing changes, feature changes, account restrictions, policy changes, data loss, or service discontinuation caused by a third-party provider. Unless expressly stated in a separate written service-level agreement, no specific uptime, response time, recovery time, or service level is guaranteed.

Acceptable Use

You agree to use the Services only for lawful and legitimate business purposes and in accordance with these Terms, applicable laws, industry requirements, and third-party platform rules. You must not use the Services to engage in or facilitate fraud, deception, impersonation, harassment, discrimination, defamation, threats, abusive conduct, intellectual property infringement, privacy violations, unauthorized surveillance or call recording, malicious software, unauthorized access, or the creation or distribution of unlawful or prohibited content. You must not use the Services to send spam, unsolicited commercial electronic messages, misleading communications, or unlawful automated calls or text messages; collect, purchase, upload, or use contact information without appropriate authority; interfere with the security, integrity, or operation of the Services; attempt to bypass usage limits or security controls; resell or provide unauthorized access to the Services; or use AI-generated outputs as the sole basis for emergency, safety-critical, regulated, or other high-risk decisions. You are responsible for obtaining and maintaining all required consents, notices, permissions, and authorizations for calls, recordings, emails, text messages, data collection, and customer communications. LeadSwift AI may investigate suspected misuse and may restrict, suspend, or terminate access to the Services immediately where reasonably necessary to prevent unlawful activity, security risks, harm to others, or violations of these Terms.

Intellectual Property

All technology, software, source code, algorithms, artificial intelligence models, prompts, templates, systems, methodologies, processes, automation frameworks, workflows, integrations, configurations, databases, documentation, designs, know-how, and other intellectual property used, developed, or made available by LeadSwift AI in connection with the Services remain the exclusive property of LeadSwift AI or its applicable licensors. Subject to your compliance with these Terms and payment of all applicable fees, LeadSwift AI grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable licence to access and use the Services solely for your internal business purposes during the applicable subscription or service term. You may not copy, modify, reproduce, distribute, sell, sublicense, reverse engineer, decompile, extract, disclose, or create derivative works from any part of the Services except where expressly authorized in writing by LeadSwift AI or permitted by applicable law. You retain ownership of the business information, branding materials, customer data, contact lists, content, trademarks, logos, and other materials that you provide to LeadSwift AI. You grant LeadSwift AI and its service providers a limited licence to access, use, reproduce, process, modify, transmit, and store those materials only as reasonably necessary to provide, maintain, support, secure, and improve the Services. Subject to full payment of all applicable fees, ownership of final client-specific deliverables expressly identified in a proposal or service agreement as being transferred to you such as custom-written copy, client-specific graphics, or unique branding materials may be assigned to you. Unless expressly agreed otherwise in writing, this transfer does not include any underlying software, code, prompts, templates, systems, reusable components, automation logic, workflows, integrations, configurations, methodologies, know-how, or other pre-existing or generally applicable intellectual property used to create or deliver those materials. LeadSwift AI retains the right to use general knowledge, skills, experience, concepts, techniques, processes, and non-client-specific components developed or acquired while providing the Services, provided that doing so does not disclose your confidential information or personally identifiable customer data. Third-party software, platforms, artificial intelligence models, applications, trademarks, and other materials remain the property of their respective owners and are subject to their applicable licence terms and usage restrictions. No rights or licences are granted except those expressly stated in these Terms or in a separate written agreement.

Confidentiality

Each party agrees to protect and keep confidential all non-public, proprietary, or sensitive information received from the other party in connection with the Services. Confidential information may include, without limitation, business plans, customer and lead information, contact lists, pricing, financial information, marketing strategies, lead-generation methods, sales processes, technical data, software configurations, AI prompts, scripts, workflows, automation logic, integration details, account credentials, security information, and other information that a reasonable person would understand to be confidential. Each party will use the other party’s confidential information only as reasonably necessary to perform its obligations, exercise its rights, or receive the Services under these Terms. Neither party will disclose confidential information to a third party except to its employees, contractors, professional advisers, affiliates, or service providers who require access for those purposes and who are subject to appropriate confidentiality obligations. Confidential information does not include information that: is or becomes publicly available through no breach of these Terms; was lawfully known by the receiving party before disclosure; is independently developed without using the other party’s confidential information; or is lawfully obtained from a third party without a confidentiality obligation. A party may disclose confidential information where required by law, court order, or government authority, provided that, where legally permitted, the receiving party gives reasonable notice to the other party and discloses only the information legally required. LeadSwift AI may access, process, and disclose client information to its authorized employees, contractors, and third-party service providers only as reasonably necessary to configure, deliver, maintain, secure, troubleshoot, and support the Services. LeadSwift AI may also use anonymized or aggregated information derived from the use of the Services for analytics, security, performance monitoring, service improvement, and business planning, provided that such information does not reasonably identify the client, its customers, or any individual. The confidentiality obligations in this section will continue after the cancellation, expiration, or termination of the Services. Nothing in this section limits any additional privacy, data-protection, or confidentiality obligations imposed by applicable law or a separate written agreement.

Governing Law

These Terms and your use of our Services are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any legal action or proceeding related to our Services shall be brought exclusively in the courts located in Ontario, Canada.

Changes to These Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our Services following any changes constitutes your acceptance of the revised Terms.

Contact Information

If you have any questions about these Terms, please contact us at:
Email: leadswiftai@proton.me
Business Hours: 9:00 AM – 5:00 PM EST, Monday – Friday