Swiftrics Terms of Service

Effective Date: June 17, 2026
Last Updated: June 17, 2026

1. Introduction and Acceptance

These Terms of Service ("Terms") form a binding contract between you ("you," "your," "Customer") and Pelton Solutions LLC, a Michigan limited liability company ("Swiftrics," "we," "us," "our"). The Terms govern your access to and use of the Swiftrics website, software-as-a-service platform, website builder, hosting, domain registration services, outbound email features, analytics, and any related products or services we offer (collectively, the "Service").

By creating an account, accessing the Service, or clicking "I agree" (or similar) when prompted, you accept these Terms in full. If you do not agree to these Terms, do not use the Service.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity.

We publish additional policies — including an Acceptable Use Policy, a Privacy Policy, a list of sub-processors, and a DMCA Notice procedure. Those policies are incorporated into and form part of these Terms.

2. Definitions

For purposes of these Terms:

"Account" means the Customer account you create to access the Service.

"Customer Content" means any text, images, video, audio, code, data, files, or other material that you (or anyone using your Account) upload to, create on, import into, or transmit through the Service, including content on your Customer Sites.

"Customer Site" means a website you build, host, and publish through the Service.

"Customer Site Visitor" means a person who visits, or submits information to (for example, through a contact form), a Customer Site you operate.

"Domain" or "Domain Name" means an internet domain name registered or managed through the Service on your behalf.

"Registrant" means the legally recognized owner of a Domain Name as reflected in the registry's records.

"Registrar" means an ICANN-accredited domain name registrar.

"Subscription" means a recurring paid plan that gives you access to the Service.

"Upstream Registrar" means the ICANN-accredited Registrar (or its agent) through which Swiftrics arranges Domain registration services on your behalf. Swiftrics acts as a reseller of, or otherwise relies on, the Upstream Registrar to process Domain registrations and renewals. The identity of the Upstream Registrar may change over time, and Swiftrics will identify the current Upstream Registrar in your Account or in our Help Center.

3. Eligibility

The Service is offered only to Customers with a valid United States billing address who are at least 18 years old. The Service is not directed to and may not be used by minors. By using the Service you represent that you meet these requirements.

The Service is not currently offered to Customers outside the United States. We may, in our sole discretion, decline to provide the Service to any person or entity, and we may suspend Accounts that we determine were created in violation of this section.

You also represent that you are not (a) located in a country that is subject to a U.S. Government embargo or that has been designated as a "terrorist supporting" country, or (b) listed on any U.S. Government list of prohibited or restricted parties.

4. Account Registration and Security

To access most parts of the Service, you must create an Account. You agree to:

provide accurate, current, and complete information during registration and to keep that information updated;
maintain the confidentiality of your login credentials, session tokens, and any API tokens we issue;
promptly notify us of any actual or suspected unauthorized access to or use of your Account; and
accept responsibility for all activity that occurs under your Account, whether or not authorized by you.

We may, but are not obligated to, monitor or investigate any Account. We may require additional identity verification at any time, including before processing certain Domain registration actions.

5. Subscriptions, Fees, and Billing

5.1 Plans and Fees

The Service is offered on a recurring Subscription basis. Current Subscription plans, features, and prices are described on our website or in your Account. Some features carry separate or add-on fees disclosed at the time you select them; additional Domains are billed as recurring add-ons to your Subscription.

5.2 Payment Processor

Payments are processed by Stripe. When you provide payment details, those details are collected and stored by Stripe under its own terms and security (PCI) standards. Swiftrics does not receive or store your full card number; we retain only limited billing metadata and Stripe identifiers needed to manage your Subscription. You authorize Swiftrics and Stripe to charge the payment method on file for all applicable fees, including recurring Subscription fees, Domain registration and renewal fees, taxes, and any other charges you incur. All fees are in U.S. dollars unless otherwise stated and are exclusive of applicable taxes, which you are responsible for paying.

If a charge fails, we may retry the charge, suspend or downgrade the Service, and/or terminate your Account in accordance with Section 15 (Suspension and Termination).

5.3 Auto-Renewal

Subscriptions renew automatically at the end of each billing period at the then-current price for that plan, unless you cancel before the renewal date. Before you subscribe, we disclose the automatic-renewal terms (what renews, the recurring price, and the billing interval), obtain your consent to them, and send you a confirmation that restates these terms and how to cancel.

You can cancel auto-renewal at any time from your Account settings or the billing portal, using the same online method you used to sign up — no phone call or email is required. Cancellation takes effect at the end of the current paid period; you keep access until then, and no further charges are made after you cancel. See Section 5.5 regarding refunds.

Domain registrations also renew automatically by default, subject to the additional rules in Section 7.

5.4 Price Changes

We may change Subscription prices from time to time. For any increase to your recurring renewal price, we will give you clear and conspicuous advance notice — no less than seven (7) and no more than thirty (30) days before the change takes effect — including how to cancel (by email and/or in-product notice). Your continued use of the Service after the effective date of the price change constitutes acceptance of the new price. If you do not agree, you may cancel before the change takes effect.

5.5 Refunds

Except where required by applicable law, all fees are non-refundable. We do not provide refunds or credits for partial Subscription periods, unused features, downgrades, or canceled Domains.

Domain registration fees are non-refundable in all cases once the registration has been submitted to the Upstream Registrar, because we incur a non-recoverable cost to the Upstream Registrar and registry at the moment of registration.

5.6 Disputed Charges

If you believe a charge is incorrect, you must contact us within sixty (60) days of the charge. We will work in good faith to resolve any errors. You agree not to initiate a chargeback or payment dispute without first contacting us to attempt resolution.

6. Website Hosting and Builder Service

6.1 License

Subject to your compliance with these Terms and payment of applicable fees, Swiftrics grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during your active Subscription, solely for your internal business or personal purposes.

6.2 Customer Sites and Publishing

You may build, host, and operate one or more Customer Sites on the Service in accordance with the limits of your plan. When you publish, your Customer Site is generated and served as a static website through a content delivery network (CDN). You are solely responsible for the content, operation, and compliance of each Customer Site, including (without limitation) compliance with applicable law, third-party rights, and our Acceptable Use rules (Section 9).

Some Customer Site features publish information to the public internet, including any media or images you upload, business location data ("Locations"), and structured data emitted from that content. You are responsible for the accuracy and lawfulness of information you choose to publish.

6.3 Content Import and Crawling

The Service may let you import existing content (for example, from a Squarespace export file) or crawl a URL you supply to bring existing content into your Customer Site. You represent and warrant that you own or have all necessary rights to any content you import or direct us to crawl, and that importing it into the Service does not infringe any third-party right or violate any law. You are responsible for reviewing imported content for accuracy and rights clearance before publishing.

6.4 No Guaranteed Backups

We may, but are not required to, maintain backups of Customer Content. You are solely responsible for maintaining your own backups. We provide a site export feature; exported download files are made available temporarily and expire shortly after generation, so download and retain your own copies promptly.

6.5 Service Availability

We strive to keep the Service available 24/7 but do not guarantee uninterrupted operation. The Service may be unavailable from time to time due to scheduled maintenance, emergency maintenance, third-party service disruptions (including our infrastructure providers), force majeure events, or other causes. Unless we expressly offer a service-level agreement in writing, you are not entitled to credits or refunds for downtime.

6.6 Modifications

We may add, remove, or change features of the Service at any time. We will make reasonable efforts to give advance notice of material changes that we believe would adversely affect existing Customers.

7. Domain Registration Services

This Section 7 governs Domain registration, renewal, transfer, and related services. Please read it carefully — Domain Names are governed by industry rules (including ICANN policies) that differ from ordinary subscription services and that may limit both your rights and ours.

7.1 Reseller Relationship

Swiftrics is not an ICANN-accredited Registrar. We act as a reseller of, or otherwise arrange Domain registration services through, the Upstream Registrar. Your Domain registration is ultimately processed by the Upstream Registrar and is subject to (a) these Terms, (b) the Upstream Registrar's then-current registration agreement, which you also accept by registering a Domain through us, and (c) the applicable registry's policies and the policies of ICANN.

If there is any conflict between these Terms and a mandatory ICANN policy or the Upstream Registrar's terms, the mandatory policy or Upstream Registrar's terms control as to the conflicting matter.

7.2 You Are the Registrant

For every Domain you register through Swiftrics, you are the Registrant of record. The contact information you provide is used to populate the registry's Registrant data (subject to WHOIS/RDAP and privacy services). You — not Swiftrics — own the Domain registration for its term.

You agree that the Registrant contact information you provide will be accurate, current, and complete, and that you will update it promptly when it changes. Providing materially false WHOIS information can result in cancellation of the Domain under ICANN policy.

7.3 Domain Fees and Term

Domain registration is offered for a minimum term (typically one year, depending on the TLD). Domain fees may be bundled into your Subscription or billed as a recurring add-on, as disclosed at the time of registration.

The Domain registration term and the Subscription term are separate. Canceling your Subscription does not automatically cancel an active Domain registration term that you have already paid for, and vice versa.

7.4 Auto-Renewal of Domains

By default, each Domain you register through Swiftrics is set to renew automatically at the end of its current term. We will (a) send you renewal notices in advance of the expiration date as required by ICANN's Expired Registration Recovery Policy ("ERRP"), and (b) attempt to charge your payment method on file for the renewal fee shortly before expiration.

You may disable auto-renewal for any Domain from your Account settings. If you disable auto-renewal:

the Domain will continue to function through the end of its current paid term;
we will send you the post-expiration notice required by ERRP; and
the Domain will expire and proceed through the lifecycle described in Section 7.7 unless you re-enable renewal or transfer the Domain to another registrar before expiration.

7.5 What Your Domain Fee Covers

When you pay a fee that includes Domain registration (whether bundled with your Subscription or billed as an add-on), that fee covers (a) the registration of the Domain with the registry through the Upstream Registrar for the applicable term, (b) the management of the Domain through your Swiftrics Account, including DNS hosting via our nameservers while your Subscription is active, and (c) renewal of the Domain at the end of its term while auto-renewal is enabled and your payment method is valid.

7.6 Cancellation of Subscription While a Domain Is Active

If you cancel your Subscription while a Domain you registered through Swiftrics is still within its paid registration term:

You remain the Registrant. The Domain registration is yours through its current expiration date.
We will stop providing hosting and managed DNS services associated with your Subscription. This means your Customer Site will no longer be served, and if your Domain was using Swiftrics nameservers, the Domain may stop resolving.
We will not re-point your Domain to a different website, advertisement, parked page, or any other content you have not authorized. We may, however, simply remove our DNS records so that the Domain does not resolve.
We will not auto-renew the Domain at the next expiration unless you re-enable an applicable paid Service or otherwise arrange for renewal.
You may transfer the Domain to another registrar at any time, subject to the rules in Section 7.8.
You may renew the Domain through us without an active Subscription if we offer a standalone renewal option at the time, at our then-current renewal price.

7.7 Expiration, Grace, Redemption

If a Domain is not renewed before its expiration date, it will proceed through the lifecycle defined by ICANN and the applicable registry. This typically includes:

an auto-renew grace period following the expiration date (during which the registrant may renew the Domain at the standard renewal price, but during which Swiftrics may suspend services pointed at the Domain);
a redemption grace period (during which the registrant may recover the Domain by paying a redemption/restore fee — both an ICANN/registry-imposed fee and any handling fee disclosed at that time);
a brief pending-delete period; and
finally, release of the Domain back to the registry and eventually re-availability to the public.

The exact duration of each phase is set by ICANN policy, the applicable registry, and the Upstream Registrar, and may change. Swiftrics will follow ERRP and the Upstream Registrar's processes for notices and recovery options.

Swiftrics does not promise to recover any Domain on your behalf, and you remain responsible for monitoring expiration and acting in time. Swiftrics is not liable for any loss of a Domain that expires after you disable auto-renewal, after a failed payment, or for any reason other than Swiftrics's gross negligence or willful misconduct.

After a Domain you previously held has fully expired, gone through redemption, and been released by the registry, it returns to the public pool. Swiftrics does not commit to refraining from registering, holding, or transacting in any Domain that has been lawfully released to the public — but as a matter of policy, Swiftrics will not specifically target a former Customer's released Domain for re-registration in bad faith or to extract payment from that Customer.

7.8 Transfers to Other Registrars

You may transfer a Domain to another registrar at any time, subject to ICANN's Transfer Policy and any applicable lock periods. Restrictions include, without limitation:

new Domains and recently transferred Domains may be subject to mandatory lock periods imposed by ICANN under which transfer is not permitted;
a Domain may be locked following a change of registrant or registrant contact information, as required by ICANN;
you must provide proper authorization (including a current Transfer Authorization Code / EPP code) to the gaining registrar; and
the Domain must be in good standing (e.g., not expired into redemption status, unless restored first).

Swiftrics will not charge a fee solely to release a Domain to a gaining registrar. However, we may charge for related and disclosed services (for example: restoring a Domain from redemption status, premium-domain restoration where the registry imposes a premium price, or providing optional security-lock removal services that are explicitly opt-in). Any such fee will be disclosed in advance.

We will process valid transfer-out requests promptly and will not unreasonably delay them. If we deny a transfer request, it will be only on grounds permitted by ICANN policy, and we will explain the basis to you.

7.9 WHOIS and Privacy

Registry WHOIS/RDAP databases require certain Registrant contact information to be made available. We may offer or include a WHOIS privacy service that substitutes proxy contact information in the public WHOIS record while keeping you the underlying Registrant. If WHOIS privacy is in effect, you remain responsible as Registrant, and we may be required to disclose your underlying information to law enforcement, ICANN, the Upstream Registrar, a court, or pursuant to a valid UDRP/URS proceeding.

7.10 Domain Disputes (UDRP/URS)

Your Domain registration is subject to ICANN's Uniform Domain-Name Dispute-Resolution Policy ("UDRP") and the Uniform Rapid Suspension System ("URS"), as well as any applicable registry-specific dispute procedures. If a UDRP or URS proceeding is filed against a Domain you hold, we will follow the determinations and orders issued under those processes (which may include locking, transferring, or suspending the Domain).

7.11 Prohibited Uses of Domains

You may not register or use a Domain through Swiftrics in a way that (a) infringes a third party's trademark or other intellectual property rights, (b) violates the law, (c) is part of a phishing, malware, fraud, or other malicious scheme, or (d) violates the Upstream Registrar's or applicable registry's policies. We may suspend Service to, or remove, any Domain that we reasonably believe violates this provision, and we will cooperate with law enforcement and rights-holders as required by law.

7.12 Premium and Special TLDs

Some Domains (so-called "premium" names, or Domains in certain TLDs) carry registry-set surcharges, restrictions, or eligibility rules. Those rules pass through to you, and the fees and conditions disclosed at the time of registration control for those Domains.

8. Customer Content

8.1 Ownership

You retain all rights to your Customer Content. These Terms do not transfer any ownership of your Customer Content to Swiftrics.

8.2 License to Swiftrics

You grant Swiftrics a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, process, and otherwise use your Customer Content solely as necessary to operate, provide, and support the Service for you, including making backups, optimizing delivery (e.g., CDN caching, image optimization), publishing your Customer Site, and providing analytics to you. The license terminates when the Customer Content is removed from the Service or when your Account is terminated, except to the extent retention is required by law or reasonably needed for backup-retention cycles.

8.3 Your Responsibility for Customer Content

You represent and warrant that:

you own or have all necessary rights to upload, import, display, and use the Customer Content;
the Customer Content does not violate any law or third-party right (including intellectual property, privacy, and publicity rights);
the Customer Content is not defamatory, obscene as a matter of law, or otherwise unlawful; and
the Customer Content does not contain malware or other harmful code.

We do not pre-screen Customer Content, but we may remove or disable access to any Customer Content that we believe in good faith violates these Terms or applicable law.

8.4 Removal, Preservation, and Reporting of Unlawful or Infringing Content

Customer Content is hosted on infrastructure that Swiftrics operates (including storage within Swiftrics's own cloud accounts). To protect Swiftrics, our other Customers, and the public, you agree to the following.

No obligation to monitor; right to act. Swiftrics has no obligation to monitor Customer Content, but we have the right to review it and to remove, disable access to, take a Customer Site offline, suspend, or delete any Customer Content or Account that we reasonably believe is unlawful, infringing, or in violation of these Terms or our Acceptable Use Policy — at any time, with or without prior notice, and at our sole discretion.
Copyright (DMCA). Claims that Customer Content infringes a copyright are handled under the notice-and-takedown and counter-notice procedures in Section 11. We may remove or disable allegedly infringing Customer Content on receipt of a valid notice, and we terminate the Accounts of repeat infringers.
Other intellectual-property and legal claims. For trademark, publicity, defamation, privacy, or other legal complaints, we may remove or disable the content while we evaluate the complaint, and we may require the complaining party and the Customer to resolve the dispute between themselves.
Child sexual abuse material (CSAM). We have zero tolerance for content that sexually exploits or endangers minors. We will remove such content, terminate the responsible Account, preserve the material and related records, and report to the National Center for Missing & Exploited Children (NCMEC) and/or law enforcement as required by law (including 18 U.S.C. § 2258A).
Preservation and disclosure to authorities. We may preserve Customer Content and Account records and disclose them to law enforcement, regulators, a court, or other authorities where we believe in good faith that doing so is required by law or necessary to investigate or prevent unlawful activity, fraud, or harm.
No liability for removal. We are not liable to you for removing, disabling, taking offline, preserving, reporting, or refusing to restore any Customer Content under this Section, and doing so does not entitle you to any refund or credit. You remain responsible for keeping your own backups (Section 6.4).
Status as host. As between you and Swiftrics, you are the provider of your Customer Content, and Swiftrics acts as a neutral hosting provider. Nothing in these Terms makes Swiftrics the author or publisher of Customer Content, and you are solely responsible for it (Sections 8.3 and 18). To the extent applicable, Swiftrics relies on the protections available to interactive computer service providers, including under 47 U.S.C. § 230 and the safe harbors of 17 U.S.C. § 512.

9. Acceptable Use

You agree not to use the Service to:

violate any applicable law or regulation;
infringe the intellectual property, privacy, publicity, or other rights of others;
transmit malware, spyware, viruses, worms, or other harmful code;
send unsolicited bulk email, "spam," or other unsolicited commercial communications in violation of the CAN-SPAM Act, Canada's Anti-Spam Legislation ("CASL"), or other anti-spam laws (see Section 10);
engage in phishing, pretexting, identity theft, or financial fraud;
harass, threaten, defame, or stalk any person;
distribute content that sexually exploits or endangers minors;
engage in any activity that interferes with or disrupts the Service, including denial-of-service attacks, port scanning, or attempts to gain unauthorized access to systems or accounts;
circumvent or attempt to circumvent any access, rate, or usage limits of the Service;
resell, sublicense, or repackage the Service to third parties without our written permission, except that you may operate Customer Sites for your own business as ordinary use of the Service permits; or
use the Service in any way that creates risk of harm, loss, or liability to Swiftrics, our vendors, our other Customers, or the public.

These rules are supplemented by our Acceptable Use Policy, which is incorporated by reference into these Terms.

10. Outbound Email and Anti-Spam

The Service can send email on your behalf — for example, contact-form notifications and other messages you trigger or configure. The following rules apply to all email sent through the Service.

Consent and compliance. You are solely responsible for ensuring that every message sent through the Service complies with applicable law, including the CAN-SPAM Act and (where recipients may be in Canada) CASL. You represent and warrant that you have the necessary consent or other lawful basis to email each recipient, that your messages include accurate header and "From" information, a valid physical postal address where required, and a functioning unsubscribe mechanism where required.
No prohibited sending. You may not use the Service's email features to send unsolicited bulk email, deceptive messages, or content that violates Section 9 or the Acceptable Use Policy.
Deliverability monitoring. To protect the deliverability and reputation of the platform and our other Customers, Swiftrics monitors per-site bounce rates, spam complaints, and other deliverability signals. If your sending generates excessive bounces or complaints, or otherwise threatens platform deliverability, we may throttle, pause, suspend, or permanently disable your ability to send email through the Service, with or without prior notice, and we may add affected recipient addresses to a suppression list.
Suppression list. We maintain a global suppression list of addresses that have bounced or complained. We may decline to deliver messages to suppressed addresses to protect deliverability.

11. Copyright Complaints (DMCA)

Swiftrics responds to notices of alleged copyright infringement under the Digital Millennium Copyright Act ("DMCA"). If you believe Customer Content hosted on the Service infringes your copyright, please send a written DMCA notice to our designated agent containing the information required by 17 U.S.C. § 512(c)(3).

Designated DMCA Agent:

Name: Pelton Solutions LLC, Attn: DMCA Agent
Email: legal@peltonsolutions.com
Mailing address: 101 Rainbow Dr, Suite 1624, Livingston, TX 77399
U.S. Copyright Office Designated Agent Registration No.: DMCA-1074343

Our designated agent is also on file with the U.S. Copyright Office's DMCA Designated Agent Directory.

We will process valid notices, may remove or disable access to the allegedly infringing Customer Content, and will follow the counter-notice procedures in 17 U.S.C. § 512(g). Repeat infringers' Accounts may be terminated.

12. Intellectual Property of Swiftrics

The Service, the Swiftrics name and logo, our website, our software, our templates, and the design, structure, organization, and underlying source code of the Service (excluding Customer Content) are owned by Swiftrics or our licensors and are protected by copyright, trademark, and other laws. Except for the limited license granted in Section 6.1, no rights are granted to you in or to such intellectual property.

You may not (a) reverse engineer, decompile, or attempt to derive source code from the Service, except to the extent applicable law expressly permits, (b) remove or alter any proprietary notices, or (c) use the Swiftrics marks or branding without our written permission.

13. Privacy and Data Processing

Our Privacy Policy describes how we collect, use, and share information about you and your use of the Service, and is incorporated by reference into these Terms. By using the Service, you acknowledge the practices described there.

Customer Site Visitor data. When Customer Site Visitors submit information to your Customer Site (for example, through a contact form), you act as the controller of that information and Swiftrics acts as a processor / service provider handling it on your behalf, solely to provide the Service. You are responsible for providing any privacy notice and obtaining any consent required from your Customer Site Visitors, and for the lawfulness of the data you collect through the Service.

Data Processing Addendum. Swiftrics offers a Data Processing Addendum (DPA) governing our processing of Customer Site Visitor data on your behalf, and maintains a public list of sub-processors. The DPA, when executed, is incorporated into and forms part of these Terms.

For Domain registration, certain Registrant contact information is shared with the Upstream Registrar and the applicable registry as required, and may appear in WHOIS/RDAP records (subject to any privacy service you have enabled).

14. Third-Party Services

The Service relies on third-party providers, including Amazon Web Services (hosting, storage, content delivery, DNS, domain registry access, and outbound email infrastructure), Stripe (payments), the Upstream Registrar, and error-monitoring and source-control providers. Your use of certain third-party services may be subject to their own terms. We are not responsible for the acts or omissions of third-party providers, and the availability of the Service may depend on those providers. Our current sub-processors are identified in our published sub-processor list.

15. Suspension and Termination

15.1 By You

You may cancel your Subscription at any time from your Account settings. Cancellation takes effect at the end of the current paid period. Section 7.6 governs the effect of cancellation on active Domains.

15.2 By Swiftrics

We may suspend or terminate your Account or any part of the Service at any time if:

you fail to pay any amount when due;
you materially breach these Terms or any incorporated policy;
we are required to do so by law, court order, or regulatory requirement;
we reasonably believe your use of the Service creates a security, legal, deliverability, or operational risk to Swiftrics, our other Customers, or third parties; or
we discontinue the Service.

We will generally provide advance notice and an opportunity to cure where reasonably practicable, but we may suspend or terminate without prior notice in cases of urgency (e.g., active abuse, malware distribution, email deliverability threats, or payment fraud).

15.3 Effect of Termination

Upon cancellation or termination of your Account:

your right to access and use the Service ends, and your published Customer Site(s) will be taken offline;
you will have a grace period of approximately thirty (30) days during which you may log in to export your Customer Content, unless we are legally required to act sooner or the termination is for serious abuse;
after the grace period, we will permanently delete your Account and Customer Content from active systems, and residual copies in routine backups will age out on their normal rotation cycle, except where law or a litigation hold requires longer retention;
accrued payment obligations survive;
the rules of Section 7 continue to govern any active Domains; and
Sections that by their nature should survive (including without limitation Sections 5.5, 7.7–7.11, 8.3, 8.4, 12, 15, 16, 17, 18, 19, and 20) survive termination.

16. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SWIFTRICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF MALICIOUS CODE, THAT ANY PARTICULAR CUSTOMER CONTENT OR DOMAIN WILL BE PRESERVED, OR THAT ANY EMAIL SENT THROUGH THE SERVICE WILL BE DELIVERED.

WE DO NOT WARRANT THE AVAILABILITY OR PERFORMANCE OF ANY DOMAIN, REGISTRY, OR UPSTREAM REGISTRAR, OR THAT ANY PARTICULAR DOMAIN WILL BE AVAILABLE, RENEWABLE, OR TRANSFERABLE AT ANY TIME.

SOME JURISDICTIONS DO NOT ALLOW DISCLAIMER OF CERTAIN WARRANTIES, SO PORTIONS OF THIS SECTION MAY NOT APPLY TO YOU.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SWIFTRICS (INCLUDING ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS) BE LIABLE TO YOU FOR ANY:

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, OR LOST GOODWILL;
LOSS OR CORRUPTION OF DATA; OR
LOSS OR UNAVAILABILITY OF A DOMAIN, REGARDLESS OF CAUSE,

EVEN IF SWIFTRICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER LEGAL THEORY, WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID TO SWIFTRICS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO PORTIONS OF THIS SECTION MAY NOT APPLY TO YOU.

18. Indemnification

You agree to defend, indemnify, and hold harmless Swiftrics and its members, officers, employees, agents, and licensors from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

your Customer Content (including content you import or have us crawl);
your use of the Service, including email you send through it;
your Domain (including any UDRP, URS, trademark, or other dispute concerning a Domain you register or use);
your violation of these Terms; or
your violation of any law or third-party right.

We may, at our option, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate.

19. Dispute Resolution; Arbitration; Class Action Waiver

19.1 Informal Resolution

Before filing any claim against the other party, you and Swiftrics agree to attempt to resolve the dispute informally. You will send a written notice of dispute to legal@peltonsolutions.com describing the nature and basis of the claim and the relief sought. We will respond in writing within thirty (30) days. If the dispute is not resolved within sixty (60) days of the notice, either party may proceed under the remaining provisions of this Section.

19.2 Binding Arbitration

Except for the carve-outs in Section 19.4, any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") will be resolved by binding arbitration administered by the American Arbitration Association (AAA). The arbitration will be governed by the AAA Commercial Arbitration Rules; however, if you qualify as a "consumer" (for example, an individual using the Service for personal, family, or household purposes, or as otherwise defined under applicable law or AAA rules), the AAA Consumer Arbitration Rules and the AAA Consumer Due Process Protocol will apply instead and will control to the extent of any conflict. Any in-person hearing will be held in Michigan; however, a consumer party may elect to have the arbitration conducted by telephone, video, or other remote means, or in the county of the consumer's residence. Judgment on the award may be entered in any court having jurisdiction.

19.3 Class Action Waiver

YOU AND SWIFTRICS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any form of representative proceeding. If this class-action waiver is held unenforceable as to any particular claim, then that claim (and only that claim) will be severed from arbitration and brought in court in accordance with Section 20.

19.4 Carve-Outs

Notwithstanding Sections 19.2–19.3, either party may:

bring an individual action in small claims court for claims that qualify;
seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights or to prevent unauthorized access to or misuse of the Service; and
participate in a regulatory or administrative proceeding (including UDRP/URS).

19.5 Opt-Out

You may opt out of the arbitration agreement in Sections 19.2 and 19.3 by sending written notice of your decision to opt out to legal@peltonsolutions.com within thirty (30) days of first accepting these Terms. The notice must include your name, Account email, and a clear statement that you are opting out of arbitration. Opting out will not affect any other part of these Terms.

20. Governing Law and Venue

These Terms are governed by the laws of the State of Michigan, without regard to its conflict-of-laws principles. For any Dispute not subject to arbitration under Section 19, you and Swiftrics consent to the exclusive personal jurisdiction and venue of the state and federal courts located in the State of Michigan.

21. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will give you reasonable advance notice (by email and/or in-product notice) before the changes take effect. Your continued use of the Service after the effective date of the updated Terms constitutes acceptance. If you do not agree to the updated Terms, your sole remedy is to cancel your Subscription before the effective date.

The "Last Updated" date at the top of these Terms reflects the most recent revision.

22. General Provisions

Assignment. You may not assign or transfer these Terms or any rights hereunder without our prior written consent. Swiftrics may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets.

Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will continue in full force and effect.

No Waiver. Our failure to enforce any right or provision will not constitute a waiver of that right or provision.

Entire Agreement. These Terms, together with any policies incorporated by reference (including the Privacy Policy, Acceptable Use Policy, sub-processor list, any executed Data Processing Addendum, and the Upstream Registrar's terms as they apply to Domain services), constitute the entire agreement between you and Swiftrics regarding the Service and supersede any prior agreements on the same subject.

Force Majeure. Swiftrics will not be liable for any delay or failure in performance caused by events outside its reasonable control, including without limitation acts of God, war, terrorism, civil unrest, governmental action, internet or network failures, registry or registrar outages, or major utility or cloud-provider outages.

Notice. We may give notice to you by email to the address associated with your Account, by posting a message in the Service, or by any other reasonable means. You consent to receive electronic communications from us.

Relationship of the Parties. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Swiftrics. Neither party has authority to bind the other.

23. Contact

Pelton Solutions LLC
Attn: Swiftrics
101 Rainbow Dr, Suite 1624
Livingston, TX 77399

General questions: hello@swiftrics.com
Legal notices: legal@peltonsolutions.com
DMCA notices: legal@peltonsolutions.com