SWS Agents & Workflows
These Terms & Conditions (“Terms”) govern the provision and use of SWS AI agents, pre-built workflows, the SWS portal/CRM and all related services. “SWS” means Elvek Technologies, proprietorship, Chandigarh, India, operating under the brand “SWS”. The Client is the organisation whose authorised signatory accepts these Terms. Using, accessing, or paying for any SWS service constitutes acceptance of these Terms.
1. Parties & Acceptance
These Terms bind SWS and the Client. Acceptance occurs when the Client signs an order form, pays an invoice, or uses any SWS service.
2. Scope of Services
All current and future SWS products—AI agents, pre-built workflows, portal, CRM and ancillary tools—are covered by these Terms.
Clients may customise solutions with SWS assistance; white‑labelling of SWS software/brand is not permitted unless agreed in writing.
3. Plans, Fees & Billing
SWS operates a SaaS pricing model. Typical tiers include Starter, Growth and Enterprise; custom quotes may apply.
Payments are monthly or quarterly (quarterly may include discounts). Prices may change; new prices apply on next renewal.
Auto-renewal is enabled by default. The Client may cancel any time before the renewal date. No refunds are issued after charge capture.
Services may be suspended if payment fails on the renewal date or invoices remain unpaid.
4. Service Levels & Support
Unless expressly agreed in an SLA, SWS does not guarantee a particular uptime or service credit.
Support responsiveness and channels (email/chat/phone) depend on the purchased plan. SWS will use commercially reasonable efforts to assist.
5. Data Ownership, Privacy & Security
The Client owns all lead data, transcripts, outputs and associated records processed through SWS systems.
SWS may process and analyse anonymised or aggregated data to improve models, analytics and service quality.
SWS is ISO 27001:2018 compliant. Default data residency is India; alternative residency/security measures can be arranged. LLMs used by SWS may run outside India; data is transmitted securely.
A separate Data Processing Addendum (DPA) can be executed if required.
6. Third‑Party Services
SWS relies on third‑party providers (e.g., OpenAI/GPT‑4o, Retell.ai, Twilio/Meta WhatsApp). Outages or changes by these providers may impact availability; SWS is not liable for such disruptions.
Clients must comply with all applicable third‑party terms.
7. Intellectual Property
All intellectual property in SWS software, prompts, workflows, agents, documentation and branding remains with SWS.
Clients receive a non‑exclusive, non‑transferable right to use the services while subscribed, subject to these Terms.
SWS may display the Client’s name/logo as a customer reference unless the Client opts out in writing.
8. Acceptable Use & Client Responsibilities
The Client is responsible for the legality and accuracy of all content, data and instructions provided to SWS.
The services may not be used for unlawful, harmful, or abusive communications, spam, or infringement of third‑party rights.
9. Liability & Indemnity
To the maximum extent permitted by law, SWS is not liable for indirect, incidental, consequential or special damages, including loss of profits or data.
The aggregate liability of SWS shall not exceed the fees paid by the Client in the twelve (12) months preceding the claim.
The Client will indemnify and hold SWS harmless from claims arising out of Client-provided content/data or breach of these Terms.
10. Term, Termination & Suspension
These Terms remain in effect while the Client uses SWS services. Either party may terminate before the next renewal date.
SWS may suspend or terminate access for non‑payment, abuse, or legal/regulatory reasons.
Upon termination, the Client may request data export within a reasonable window; afterwards data may be deleted per retention policy.
11. Dispute Resolution & Governing Law
Parties will first attempt to resolve disputes amicably. Failing that, disputes shall be resolved by arbitration or courts as specified: exclusive jurisdiction lies with the courts of Chandigarh, India.
Nothing prevents a party from seeking injunctive relief for misuse of IP or confidential information.
12. Force Majeure
Neither party is liable for delays or failures caused by events beyond reasonable control, including natural disasters, war, government action, network failures, or third‑party outages.
13. Changes to Terms
SWS may update these Terms. Material changes will be notified via email or in‑app notice. Continued use after the effective date constitutes acceptance.
14. Miscellaneous
These Terms, together with any order forms, DPAs or addenda, constitute the entire agreement.
If any provision is unenforceable, the remainder remains in effect.
No waiver is effective unless in writing and signed by an authorised representative.
Questions? Contact: vikram@swsagent.com
