Swiftly Terms of Service
Version: 2026-09-19
Status: DRAFT — under review by counsel. Published here so pilot
participants can read exactly what they are being asked to accept; the
questions still open for our lawyers are recorded in the repository copy of
this document, not in the published text.
1. What Swiftly is
Swiftly is coordination infrastructure for property-loss recovery. When a
property is damaged, Swiftly connects the people involved — the property
owner or manager, the restoration provider, the insurance carrier, and any
financial partner — around one shared record of what happened, who is doing
what, and when it is due.
Swiftly is not an insurance company, an insurance agent or broker, a
public adjuster, a restoration contractor, or a lender. We do not adjust
claims, decide coverage, perform restoration work, or hold your money.
2. Who these terms are between
These terms are between you and Swiftly. If you are using Swiftly on behalf
of an organization — a restoration firm, a property-management company, a
carrier, a financial partner — you confirm you are authorized to accept these
terms for that organization, and "you" means both you and that organization.
3. Your account
You sign in with a link sent to your email address; there is no password to
lose. You are responsible for the security of the email account you use, and
for what happens under your account. Tell us promptly if you believe someone
else is using it.
Organization administrators can invite and remove members of their own
organization, and can see what their members do inside it.
4. What you can expect from us
- We will show you the state of your recovery honestly, including when
something is late and who it is waiting on.
- We will keep an append-only record of material events. We do not delete or
rewrite history; corrections are recorded as new events.
- We will apply the access rules described in our Privacy Policy, so that each
participant sees what their role entitles them to see, and not more.
We do not guarantee that a provider will accept a job, that work will be
completed in any particular time, or any outcome with your insurer. Swiftly
coordinates the work; it does not perform it.
5. What we expect from you
- Give accurate information, particularly about the property and the damage.
- Do not upload content you do not have the right to share.
- Do not use Swiftly to harass anyone, to break the law, or to attempt to
access records you are not a participant in.
- If you are a provider: hold the licences, certifications and insurance you
represent that you hold, and keep them current. Work that requires a licence
must be performed by someone who has one.
6. Content and records you contribute
You keep ownership of what you contribute — photographs, readings, notes,
documents and messages ("Your Content").
You grant Swiftly a worldwide, non-exclusive, royalty-free licence to host,
store, reproduce, transmit and display Your Content **for the purposes set out
in Section 7**, and to make it visible to the other participants on the same
recovery record according to their roles.
This licence continues for as long as we retain the record (see Section 11),
because a recovery record is evidence: a photograph proving a wall was dry
before it was closed is only useful if it can still be produced later.
7. How we may use recovery data
This section is the one that matters most, so it is written plainly.
7.1 To run the service. We use the information on a record to coordinate
the recovery: to dispatch providers, track commitments, surface exceptions,
notify participants, and produce the documentation a recovery requires.
7.2 To produce your Recovery Record. When a recovery closes, we can
produce a record of what happened and what was done about it — including that
the work was performed by a licensed provider and verified complete. **This
record belongs to the property owner or manager.** We may make it available to
you, and you may choose to share it with anyone you like — a buyer, an agent,
a lender, your insurer. We will not share it with any of those parties on your
behalf unless you ask us to.
7.3 To improve the service. We analyse how recoveries actually run —
where they stall, which commitments get missed, how long steps take — to make
Swiftly work better.
7.4 To produce aggregated and de-identified insights. We may create and
share statistics, benchmarks, and research that **do not identify you, your
property, or any individual** — for example, how often a category of equipment
fails, how quickly losses of a given type are responded to in a region, or how
much capacity a storm consumed. Before any such use, information that
identifies a person or a specific property is removed, and we do not attempt
to re-identify it, nor permit recipients to.
7.5 What we do not do.
- We do not sell your personal information, and we do not share it with
data brokers.
- We do not provide information about you or your property to insurers,
lenders, landlords, employers or anyone else for the purpose of deciding
your eligibility for, or the price of, anything — unless you have separately
and specifically asked us to (see 7.6).
- We do not use the contents of your policy documents for anything other
than explaining them back to you. Policy documents you upload are visible
only to your own organization.
7.6 Sharing with your insurer or another party, at your request. You may
ask us to share your Recovery Record, or part of it, with a specific party.
That sharing is yours to start and yours to stop, and we will tell you plainly
what will be sent before it is sent. If a use of this kind ever requires us to
operate as a consumer reporting agency under the Fair Credit Reporting Act, we
will say so explicitly at the time and obtain the consent that law requires;
these terms alone are not that consent.
7.7 Providers and organizations. If you use Swiftly as a business, we may
use information about how your organization performs on the platform — for
example response and arrival times — to produce aggregated industry benchmarks
under 7.4, and to show your own performance to you and to the organizations
you work with on a given record. Terms in a separate written agreement with
your organization take precedence over this paragraph where they conflict.
8. Messages and communications
Messages sent on a record are part of that record and are visible to the
participants entitled to see them. Treat them as you would any written record
of a job — they are evidence, and they are not private correspondence between
two people.
We will send you transactional messages (sign-in links, status notifications,
renewal reminders). Text messages, if you consent to them, are separate and
you can withdraw that consent at any time.
9. Fees
Where fees apply, they are set out in a separate written agreement or at the
point of purchase. Swiftly charges for coordination. **Swiftly never takes a
percentage of insurance proceeds or of the funds moving through a recovery.**
10. Suspension and termination
You can stop using Swiftly at any time. We can suspend or end access if these
terms are breached, if required by law, or if an account presents a risk to
other participants — for instance a provider taking dispatches without the
licences they claim to hold.
Ending an account does not delete the shared recovery records you participated
in, for the same reason a contractor leaving a job does not erase the job: the
other participants still need the record. See the Privacy Policy for what is
deleted, what is retained, and for how long.
11. Retention
We keep recovery records for as long as the recovery is active and thereafter
for the period stated in the Privacy Policy, which reflects how long this
information stays useful for evidence, warranty and dispute purposes.
12. Swiftly gives no professional advice
Swiftly is not your insurance agent, adjuster, public adjuster, attorney,
engineer, or contractor. Nothing in the Service is:
- a determination or opinion about whether a loss is covered, or what your
insurer should pay;
- an engineering, structural, environmental, or habitability assessment;
- legal or financial advice.
Where the Service describes your policy, it reads back what the document says.
Where it describes an assessment, it reports what a crew documented. It does
not connect the two, and you should not treat it as though it has. Decisions
about coverage belong to your insurer; decisions about the work belong to you
and your provider.
13. What you are responsible for deciding
13.1 Choosing a provider. Providers on Swiftly are independent businesses,
not our employees or agents. We check that the credentials they claim are
verified and current, and we stop dispatching to firms whose credentials
lapse. We do not supervise their work, control their crews, guarantee their
workmanship, or set their prices. **Selecting and retaining a provider is your
decision.**
13.2 Emergencies. Swiftly is not an emergency service. If there is danger
to life, gas, structural collapse, or an active fire, call emergency services.
Do not wait for a dispatch.
13.3 Your property. Decisions to authorize work, to stop work, to enter or
occupy a damaged property, and to accept a completion are yours.
13.4 Timing. Response windows shown in the Service are targets the
platform measures and escalates against. They are not guarantees, and weather,
access, capacity and catastrophe conditions affect them.
14. Disclaimers
The Service is provided "as is" and "as available." To the fullest extent
permitted by law, Swiftly disclaims all warranties, express or implied,
including merchantability, fitness for a particular purpose, title, and
non-infringement.
Swiftly does not warrant that: a provider will accept a job; work will be
completed in any timeframe or to any standard; your insurer will reach any
particular decision; information other participants contribute is accurate; or
that the Service will be uninterrupted or error-free.
Some jurisdictions do not allow certain disclaimers, in which case they apply
to the greatest extent permitted.
15. Limitation of liability
15.1 To the fullest extent permitted by law, Swiftly is not liable for
indirect, incidental, special, consequential, exemplary or punitive damages,
or for lost profits, lost data, lost business, or property damage arising from
work performed by a provider.
15.2 Swiftly's total liability arising out of or relating to the Service
will not exceed the greater of (a) the amounts you paid Swiftly in the
twelve months before the event giving rise to the claim, or (b) one
hundred U.S. dollars ($100).
15.3 These limits apply regardless of the theory of liability and even if
a remedy fails its essential purpose. They do not apply to liability that
cannot be limited by law — including, where applicable, fraud, willful
misconduct, gross negligence, or personal injury caused by Swiftly.
15.4 Allocation of risk. You acknowledge these limits reflect a reasonable
allocation of risk and are an essential basis on which Swiftly offers the
Service, including where it is offered at no charge.
16. Your indemnity
You will indemnify and hold harmless Swiftly and its officers, employees and
agents from third-party claims, losses and reasonable legal fees arising from:
- your breach of these terms or of law;
- content you contribute that you did not have the right to contribute;
- your acts or omissions at the property, or your direction of work there;
- if you are a provider: your work, your personnel, and any representation you
made about your licences or insurance.
This does not apply to the extent a claim arises from Swiftly's own fraud,
willful misconduct or gross negligence.
17. Disputes
17.1 Talk to us first. Before filing anything, contact
legal@swiftly-solutions.com with a description of the dispute and what you
want. Most things end here, and we will engage in good faith for 30 days.
17.2 Binding arbitration. If that does not resolve it, you and Swiftly
agree to resolve disputes by binding individual arbitration under the rules of
[ARBITRATION PROVIDER], rather than in court, except that either party may
bring an individual claim in small-claims court, and either party may seek
injunctive relief for infringement or misuse of intellectual property.
17.3 No class actions. Disputes will be brought only in an individual
capacity, not as a plaintiff or class member in any purported class,
collective, or representative proceeding.
17.4 Your right to opt out. You may opt out of §17.2 and §17.3 by emailing
legal@swiftly-solutions.com within 30 days of first accepting these
terms, stating your name and that you opt out of arbitration. Opting out does
not affect anything else in these terms, and we will not treat you differently
for doing it.
17.5 If §17.3 is found unenforceable as to a claim, that claim proceeds in
court and the rest of §17 stays in force.
18. Changes
We may update these terms. If a change materially affects how we may use
recovery data, or your rights under §17, we will tell you before it takes
effect and ask you to accept the new version. Continuing to use Swiftly after
a non-material change means you accept it.
19. General
Force majeure. Neither party is liable for delay or failure caused by
events beyond reasonable control — including catastrophe events, which are
precisely when this platform is under the most strain.
Severability. If a provision is unenforceable, it is limited or removed to
the minimum extent necessary and the rest stays in force.
No waiver. Not enforcing a provision once does not waive it.
Assignment. You may not assign these terms without our consent. We may
assign to a successor in interest.
Survival. Sections 6 (Content), 7 (How we may use recovery data), 12–17,
and 19 survive termination.
Entire agreement. These terms and the Privacy Policy are the whole
agreement between you and Swiftly about the Service. Organizations with a
signed Master Services Agreement are governed by that agreement where it
conflicts.
Governing law and venue. [TO BE SET BY COUNSEL]
20. Contact
Questions about these terms: legal@swiftly-solutions.com