Terms of Service

These Terms of Service ("ToS") govern the provision of automation services by Swifter – Automation Agency, operating as PE Arseniy Shapovalov ("Agency"), to the subscriber ("Client"). By subscribing to the Service, the Client agrees to be bound by these ToS.

1. Definitions

Service: The automation services provided by the Agency, including the use of n8n and similar software to automate business processes for the Client.
Task: A specific automation request submitted by the Client to the Agency as part of the Service.
Subscription: The monthly subscription plan under which the Service is provided, including Sync or Managed plans as applicable.
Turnaround Time: The estimated time to complete a Task, subject to the terms herein.
New Builds: Active work required to create new workflows or improve existing ones.
Maintenance and Uptime: Hosting and ongoing support of automations for the Client, if applicable.

2. Scope of Services

The Agency agrees to provide the Service to the Client on a subscription basis. The Client may submit Tasks to the Agency, which will be processed sequentially, one at a time. The Agency aims to complete each Task within an average of 3 days, though this is not guaranteed and depends on:

The complexity of the Task.
Dependencies on other Tasks in the pipeline, particularly when part of the same business process. Some partial automations may be delivered immediately, while others require completion of multiple Tasks for full implementation.
The Client providing all necessary information and access credentials in a timely manner. The Agency will explicitly request a list of required credentials, and the Client must provide them promptly.

Additional terms:

Only one Task will be worked on at any given time. Subsequent Tasks will be queued until the current Task is completed.
The Agency reserves the right to refuse or request modifications to Tasks that are outside the scope of the Service, illegal, unethical, or otherwise inappropriate.
Tasks must be submitted via email or through the Agency's designated client portal, following any guidelines provided by the Agency.
The Service is designed to break down the Client's business goals into manageable Tasks, delivering predictable results with a maintainable subscription expense.

3. Subscription and Payment

Fees: The Client agrees to pay the monthly subscription fee in advance. The fee is due on the first day of each billing cycle.

Payment Methods: Payments shall be made via credit card, PayPal, or wire transfer.

Late Payments:

For New Builds, if payment is not received within 3 days of the due date, the Agency may suspend the Service until payment is received in full.
For Maintenance and Uptime, if payment is not received within 7 days of the due date, hosted automations may be disabled unless explicitly agreed otherwise in writing by the Agency.

Auto-Renewal: The Subscription will automatically renew each month unless canceled by the Client in accordance with the cancellation policy below.

Cancellation: The Client may cancel the Subscription at any time by providing written notice to the Agency. To receive full migration support (e.g., assistance with transitioning automations), the Client must maintain an active Subscription during the migration process and is encouraged to provide ample notice to ensure a smooth experience and minimize disruptions.

Refunds:

The Agency offers a 1-week trial for new Clients. If the Client cancels within the first 7 days of their initial Subscription, they will receive a refund of 75% of the monthly payment, no questions asked.
This refund policy applies only to the first week of the initial Subscription and does not apply to renewals or subsequent billing cycles.

4. Client Responsibilities

The Client agrees to:

Provide accurate, complete, and timely information and access credentials when submitting Tasks to enable the Agency to perform the Service effectively. The Agency will explicitly request required credentials, and delays in provision may impact Task completion.
Cooperate with the Agency as reasonably required to facilitate the completion of Tasks.
Use the Service solely for lawful purposes and not request Tasks that violate applicable laws or third-party rights.
Refrain from attempting to reverse engineer, modify, or interfere with the Service or its underlying software.

5. Intellectual Property

Agency Ownership: The Agency retains all intellectual property rights in the underlying software, tools, templates, and methodologies used to provide the Service.

Client Ownership and License:

All automation workflows created for the Client are owned by the Client and may be exported or taken by the Client upon request.
For Clients on the Sync Plan, all work is performed on the Client's software accounts by default, ensuring the Client retains full ownership and control.
For Clients on the Managed Plan, upon cancellation, the Agency will export all automations and provide migration guidance and support until the end of the Client's final billing cycle.

Agency Rights: The Agency reserves the right to share, resell, or reuse work done for the Client on an anonymous basis, provided it does not breach the Client's confidentiality as outlined in Section 6.

Case Studies: The Agency may showcase results achieved with the Client as case studies or promotional material on the Agency's website or third-party platforms, subject to the Client's verbal or written agreement.

6. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during the course of the Service. The Agency will not disclose the Client's business processes, data, or other confidential information to third parties, except as necessary to provide the Service (e.g., to subcontractors or service providers bound by equivalent confidentiality obligations). The Agency may use anonymized data or results for case studies or other purposes, as outlined in Section 5.

7. Limitation of Liability

To the maximum extent permitted by law:

The Agency's total liability for any claims arising from the Service shall be limited to the amount paid by the Client for the Subscription in the preceding 3 months.
The Agency shall not be liable for any indirect, incidental, consequential, or special damages, including but not limited to loss of profits, data, or business opportunities, whether arising from errors in automation, delays, or otherwise.

8. Warranties

The Service is provided "as is" without any warranties, express or implied. The Agency does not guarantee that:

The Service will be error-free or uninterrupted.
All Tasks will be completed within the average 3-day Turnaround Time.
The Service will meet all of the Client's expectations or requirements beyond the scope outlined herein.

9. Termination

By the Client: The Client may terminate the Subscription at any time by providing written notice. The Agency will continue providing the Service until the end of the current billing cycle. It is the Client's responsibility to notify the Agency in advance to receive full migration support, as outlined in Sections 3 and 5.

By the Agency: The Agency may terminate the Subscription by providing written notice if the Client:

Breaches these ToS.
Fails to make payment within 7 days of the due date for Maintenance and Uptime or 3 days for New Builds, as applicable.
Uses the Service for illegal or unauthorized purposes.

Upon Agency-initiated termination, the Agency guarantees minimal migration support, including exporting all Client automations and providing written documentation to facilitate the transition.

Effect of Termination: Upon termination, the Agency will cease providing the Service, and the Client's access to any ongoing automations may be revoked, subject to the ownership and migration terms in Section 5.

10. General Provisions

Governing Law: These ToS shall be governed by and construed in accordance with the laws of Georgia (the country).

Dispute Resolution: Any disputes arising from these ToS shall first be addressed through good-faith negotiation or mediation. If unresolved, disputes shall proceed to binding arbitration in Tbilisi, Georgia. If arbitration fails to resolve the dispute, either party may pursue remedies in the courts of Tbilisi, Georgia.

Amendments: The Agency may amend these ToS from time to time. The Client will be notified of significant changes, and continued use of the Service after such amendments constitutes acceptance of the updated terms.

Entire Agreement: These ToS constitute the entire agreement between the Agency and the Client regarding the Service and supersede any prior agreements or understandings.