Swifly Terms of Service

These Swifly Terms of Service (the “Terms”) are entered into between SWIFLY SAS, a French simplified joint-stock company (société par actions simplifiée) registered with the Paris Trade and Companies Register under number 102 056 132, with share capital of €1,000, and registered office at 24 rue de Clichy, 75009 Paris, France (“Swifly”, “we”, “us” or “our”), and the individual or legal entity accessing or using the Services (“Customer”, “you” or “your”).

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Swifly provides voice keyboard, dictation, speech-to-text, text formatting, correction, productivity and artificial intelligence features through software applications, websites, platforms and related services, including Swifly for iOS, macOS, Windows, Android and future supported platforms (collectively, the “Services”).

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By creating an account, accessing or using the Services, you agree to these Terms and to our Privacy Policy. If you use the Services on behalf of a company, organization or other legal entity, you represent that you have authority to bind that entity to these Terms.

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You must be at least 13 years old to use the Services. If applicable law in your country requires a higher minimum age or parental consent, you may only use the Services if you meet those requirements.

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1. Your Account

To use the Services, you must create an account. You agree to provide accurate, complete and up-to-date information and to keep your account information current.

Swifly may support account creation and authentication through email and password, magic links, Apple Sign In, Google Sign-In or other authentication methods.

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You are responsible for maintaining the confidentiality and security of your account credentials. You must not share your login credentials, allow unauthorized access to your account or transfer your account to another person without our prior written consent.

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You must notify us promptly if you know or suspect that your account has been compromised or used without authorization. We may suspend or restrict access to your account if we reasonably believe that your account has been compromised, used unlawfully or used in breach of these Terms.

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You may delete your account from within the application. Account deletion is handled as described in our Privacy Policy.

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2. The Services

Swifly is designed as the voice keyboard: a productivity tool that helps users write faster and more accurately through voice dictation, speech-to-text, formatting, correction, contextual assistance, personal dictionary features, snippets and AI-powered text processing.

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The Services may include, depending on your platform, plan and settings:

• voice dictation and speech-to-text;
• text formatting, punctuation, capitalization and correction;
• AI-assisted text processing;
• Context Awareness;
• transcription history;
• Smart Dictionary and custom words;
• snippets or text expansion features;
• personal, team, business and enterprise account management;
• billing, subscription and administrative features;
• other current or future Swifly features.

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On iOS, Swifly may operate as a system keyboard extension usable across compatible applications. Due to iOS platform limitations and permissions, Swifly may not have access to all contextual data available on other platforms. On macOS, Windows, Android and future platforms, the scope of context or system integration may vary depending on permissions, operating system restrictions and user settings.

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You acknowledge that the Services may not be available, functional or identical on every device, operating system, application or country.Subject to your compliance with these Terms and payment of applicable fees, Swifly grants you a revocable, limited, non-exclusive, non-transferable and non-sublicensable right to access and use the Services for your personal or internal business purposes.

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The Services may include downloadable software. Such software may update automatically. You agree to use the latest available version where required for security, compatibility or functionality.

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3. Your Content

3.1 Your Content Remains Yours

Your audio, dictated text, transcripts, corrected text, snippets, personal dictionary entries, contextual content and other materials you submit to or generate through the Services are referred to as “Customer Content”.

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As between you and Swifly, you retain all rights you have in your Customer Content. Swifly does not claim ownership of your Customer Content.

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3.2 License to Operate the Services

You grant Swifly and its service providers a worldwide, non-exclusive, royalty-free, sublicensable license to access, process, reproduce, transmit, store, modify and otherwise use Customer Content solely as necessary to:

• provide the Services;
• generate transcriptions and outputs requested by you;
• operate, secure and troubleshoot the Services;
• provide support;
• comply with legal obligations;
• enforce these Terms;
• improve, evaluate, test or train Swifly features and models, but only where permitted by your Data Controls, consent settings and our Privacy Policy.

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This license is limited to the purposes described in these Terms and our Privacy Policy.

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3.3 AI Inputs and Outputs

The Services may use speech-to-text systems, large language models and other artificial intelligence features (“AI Features”). Inputs submitted to the Services may include audio, dictated text, contextual information, personal dictionary entries, snippets, corrections, links, metadata or other materials (“Inputs”). The Services may generate transcriptions, corrected text, formatted text or other results (“Outputs”). Inputs and Outputs are part of Customer Content.

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To the extent permitted by applicable law, you retain ownership of your Inputs and you own the Outputs generated for you. Swifly assigns to you any right, title and interest it may have in Outputs, subject to applicable law and third-party rights.

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Outputs may not be unique. Similar or identical outputs may be generated for other users based on their own inputs or circumstances. You do not acquire rights in outputs generated for other users.

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3.4 Accuracy of Outputs

Swifly does not guarantee that transcriptions, corrections, formatting, AI Outputs or other results will be accurate, complete, current, appropriate or error-free. Outputs may contain mistakes, omissions, formatting issues or inaccurate interpretations, even if they appear detailed or plausible

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You are responsible for reviewing Outputs before using, sending, publishing or relying on them, especially in professional, legal, medical, financial, employment, safety-critical or other important contexts.

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Swifly is a productivity tool and not a legal, medical, financial, tax, HR or professional adviser.

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3.5 Your Responsibility for Content

You represent and warrant that you have all rights, permissions and lawful bases necessary to submit Customer Content to the Services and to allow Swifly to process it as described in these Terms and our Privacy Policy.

You are solely responsible for your Customer Content and for the consequences of using, sending, sharing, publishing or relying on any Outputs.

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4. Data Controls, Privacy Mode and Product Improvement

Swifly provides Data Controls that allow you to choose how certain dictation-related data is processed.

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Our Privacy Policy explains in more detail how we collect, use, store and protect personal data. In the event of inconsistency between these Terms and the Privacy Policy regarding personal data processing, the Privacy Policy will prevail, unless these Terms impose a higher contractual protection.

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4.1 Privacy Mode

Your audio, dictated text, transcripts, corrected text, snippets, personal dictionary entries, contextual content and other materials you submit to or generate through the Services are referred to as “Customer Content”.

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As between you and Swifly, you retain all rights you have in your Customer Content. Swifly does not claim ownership of your Customer Content.

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4.2 Transcription History

Transcription history may be enabled by default so that you can retrieve, review and reuse previous transcriptions. You can disable transcription history and delete your history from within the application.

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4.3 Context Awareness

Context Awareness may use limited contextual information from the active app or input environment to improve transcription accuracy and formatting. Depending on the platform and permissions, this may include the active application name, active URL where applicable, text already present in an input field, accessibility data, proper nouns, names or contextual terms.

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Context Awareness can be disabled in the app’s Data Controls.

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4.4 Product Improvement and Model Training

Swifly may use audio recordings, transcripts, edits, corrections, personal dictionary entries, contextual content or similar dictation-related data to evaluate, test, improve or train Swifly features and AI models only where you have enabled the applicable setting, provided consent where required, or where such use is otherwise permitted by applicable law and our Privacy Policy.

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Where possible, Swifly uses anonymized, pseudonymized or aggregated data for product improvement.

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You can change your choices at any time in the app’s Data Controls. Unless you request deletion, data already lawfully collected before a setting change may continue to be processed in accordance with the setting and policy applicable at the time of collection, subject to applicable law and your privacy rights.

Business and Enterprise plans may include specific privacy defaults, including no-training defaults where applicable.

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5. Business, Team and Enterprise Accounts

Swifly may offer Business, Team and Enterprise accounts for organizations.

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If you create, administer or use a Business, Team or Enterprise account, the organization may designate administrators who can manage access, users, licenses, billing, subscription plans, invoices, security settings and certain privacy or account-level controls.

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Administrators may access limited administrative information such as account status, active user status, license allocation, billing information and usage indicators. Unless expressly stated otherwise in a separate written agreement or applicable product documentation, administrators cannot access users’ audio recordings, dictated text, transcription history, personal dictionary, contextual content or field content.

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You are responsible for all acts and omissions of users you invite, authorize or manage through a Business, Team or Enterprise account (“Authorized Users”). You must ensure that Authorized Users comply with these Terms.

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Organizations are responsible for informing their users about internal policies, legal obligations and workplace rules that may apply to the use of Swifly.

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6. Recording, Consent and Third-Party Speech

Swifly is primarily designed to process the voice and dictation of the user operating the Services.

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You must not use the Services to record, transcribe or process another person’s speech without obtaining all consents, notices or authorizations required by applicable law.

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You are solely responsible for determining whether recording, transcribing or processing speech is lawful in your jurisdiction and circumstances.

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Swifly does not currently provide a meeting transcription product. If future features allow multi-speaker, meeting or third-party transcription, additional terms or notices may apply.

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7. Third-Party Services and Providers

The Services may operate on, with or through third-party services, platforms, APIs, infrastructure providers, payment providers, analytics providers, monitoring tools, speech-to-text providers, AI providers and other technology partners (“Third-Party Services”).

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Swifly’s current or future providers may include OpenAI, Cloudflare, Cloudflare Workers AI, Supabase, Apple, Google, Stripe, PostHog, Sentry and other providers identified in our Privacy Policy or product documentation.

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Third-Party Services may be subject to their own terms, privacy policies and technical limitations. Swifly is not responsible for Third-Party Services except to the extent required by applicable law.

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Swifly may change, add or replace Third-Party Services from time to time, provided that such changes comply with applicable law and our Privacy Policy.

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Where third-party providers process personal data on our behalf, Swifly uses appropriate contractual safeguards as described in our Privacy Policy.

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8. Restrictions

You may use the Services only in compliance with these Terms and applicable laws.You must not, and must not permit anyone else to:

• breach, bypass or circumvent any security, authentication, usage limit or access control;
• access, tamper with or use non-public areas of the Services;
• reverse engineer, decompile, disassemble or attempt to derive source code, algorithms, models, prompts, systems or non-public methods of the Services, except where such restriction is prohibited by law;
• copy, modify, translate, create derivative works of or reproduce the Services except as expressly permitted;
• probe, scan or test the vulnerability of any system or network except through an authorized security program;
• interfere with, disrupt, overload, spam, flood or impair the Services or related infrastructure;
• introduce viruses, malware or harmful code;
• scrape, crawl, harvest, create accounts in bulk or access the Services through unsupported automated means;
• resell, sublicense, rent, lease or commercially exploit the Services without authorization;
• use the Services for phishing, spoofing, fraud, scams, spam or deceptive practices;
• use the Services to infringe intellectual property, privacy, publicity, contractual or other rights;
• submit, generate, store or share unlawful, defamatory, fraudulent, misleading, hateful, violent, harassing or discriminatory content;
• submit, generate, store or share child sexual abuse material or content that exploits minors;
• use the Services to record or transcribe another person without required consent;
• use the Services in violation of export control, sanctions or similar laws;
• engage in payment fraud, unauthorized chargebacks or use of stolen payment methods;
• use the Services to develop, train, improve or benchmark competing AI, speech-to-text or machine learning systems without Swifly’s written consent;
• represent Outputs as approved, verified or endorsed by Swifly;
• represent AI-generated or AI-assisted Outputs as wholly human-generated where doing so would be misleading or unlawful;
• use the Services for automated decision-making with legal or similarly significant effects on individuals without appropriate human review and legal compliance;
• use the Services in ways that are discriminatory, harmful, unsafe, unethical or unlawful.

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Swifly may investigate suspected violations and may suspend, restrict or terminate access, remove or disable content, or take other appropriate action where we reasonably believe these Terms have been violated.

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9. Beta Services and Early Access

Swifly may make available beta, preview, experimental, TestFlight, early access or pre-release features (“Beta Services”).

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Beta Services may be incomplete, unstable, unavailable, inaccurate or subject to change. They may contain bugs, errors or performance issues and may be discontinued at any time.

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By using Beta Services, you agree that Swifly may contact you to request feedback. You may provide comments, suggestions, bug reports or other feedback voluntarily.

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Certain Beta Services may be marked confidential. If so, you must not disclose, publish, share or discuss non-public information about those Beta Services without Swifly’s prior written consent.

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Beta Services are provided for testing and evaluation and may be subject to additional terms.

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10. Paid Services, Subscriptions and Billing

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10.1 Paid Services

Certain Services may require payment or subscription (“Paid Services”). Swifly may offer monthly, annual, promotional, trial, Business, Team or Enterprise plans.

Prices, features, limits and billing terms are displayed in the application, website, App Store, payment page or applicable order flow.

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10.2 Free Trials

Swifly may offer free trials. A valid payment method may be required to start a trial. Unless you cancel before the trial ends, your subscription may automatically convert into a paid subscription at the price disclosed when you started the trial.

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10.3 Automatic Renewal

Subscriptions renew automatically unless cancelled before the renewal date, subject to the rules of the payment provider or platform through which you subscribed.

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10.4 Payment Providers

Payments may be processed through Apple, Stripe or other payment providers. Swifly does not store full card numbers or complete payment credentials.

Your payment may be subject to the terms, policies and refund processes of the applicable payment provider.

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10.5 Cancellation

You may cancel your subscription through the application, account settings, Apple subscription settings, Stripe customer portal or other applicable purchase channel. Cancellation prevents future renewals but does not necessarily entitle you to a refund for the current billing period, except where required by law or provided by the applicable payment provider.

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Deleting your Swifly account does not automatically cancel a subscription managed by Apple or another external payment provider. You are responsible for cancelling subscriptions through the relevant provider where required.

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10.6 Refunds

Refunds may be handled by Apple, Stripe or Swifly depending on the purchase channel. Refunds are provided in accordance with applicable law, the applicable platform rules and Swifly’s refund policy as displayed at the time of purchase.

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10.7 Price Changes

Swifly may change subscription fees or plan terms. Where required, we will provide reasonable advance notice, generally at least 30 days, before a price change takes effect for an existing subscription. You may cancel before the new price applies.

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10.8 Taxes

You are responsible for applicable taxes. Swifly or its payment providers may collect and remit taxes where required by law.

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10.9 Failed Payments

If payment fails, Swifly may suspend, restrict or terminate access to Paid Services after reasonable attempts to notify you, subject to applicable law.

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10.10 Promotional Offers

Swifly may offer promotional plans, discounts, coupons or special offers. Such offers may be subject to additional conditions and may be modified or withdrawn as permitted by law.

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11. Consumer Rights and Digital Services

If you are a consumer, you may have mandatory rights under the laws of your country of residence. Nothing in these Terms limits rights that cannot lawfully be waived.

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Where permitted by applicable law, by requesting immediate access to digital content or digital services during any withdrawal period, you acknowledge that you may lose your right of withdrawal once performance has begun, provided the required consent and acknowledgements have been obtained.

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The exact withdrawal, cancellation and refund rules may depend on your country, purchase channel, product type and payment provider.

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12. Intellectual Property

The Services, including software, applications, interfaces, designs, graphics, trademarks, logos, product names, prompts, systems, models, algorithms, documentation, content, know-how and technology, are owned by Swifly or its licensors and are protected by intellectual property and other laws.

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These Terms do not grant you any ownership rights in the Services or Swifly intellectual property.

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You must not use Swifly’s name, logo, trademarks or branding without prior written authorization, except where permitted by law.

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If any part of the Services includes open-source software, the applicable open-source license may govern that component and may override certain provisions of these Terms solely for that component.

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13. Feedback

We welcome feedback, suggestions, comments, ideas, bug reports and improvement requests (“Feedback”).

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You grant Swifly a worldwide, perpetual, irrevocable, sublicensable, transferable, royalty-free license to use, reproduce, modify, commercialize and otherwise exploit Feedback for any purpose without compensation or obligation to you.

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Feedback does not include your Customer Content unless you intentionally submit such content as part of feedback or support.

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14. Privacy and Security

Your use of the Services is subject to our Privacy Policy, which explains how Swifly collects, uses, stores, shares and protects personal data.

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Swifly uses technical and organizational measures designed to protect personal data and the Services. However, no method of transmission or storage is completely secure, and Swifly cannot guarantee absolute security.

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You are responsible for using the Services securely, protecting your devices and credentials, and complying with any security policies applicable to your use of Swifly.

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15. Availability, Updates and Changes to the Services

Swifly may modify, update, suspend, discontinue or remove parts or all of the Services at any time, subject to applicable law and any specific commitments in a separate written agreement.

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We do not guarantee that the Services will be uninterrupted, timely, secure, error-free or available in all locations, applications, operating systems or devices.

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The Services may be affected by maintenance, updates, operating system restrictions, third-party provider issues, network conditions, outages, latency, bugs, user permissions or other factors.

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Swifly may require updates for security, compatibility or functionality. Some features may stop working if you do not install updates.

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16. Support

Swifly may provide support through email, in-app tools, help centers or other channels. Unless expressly agreed otherwise, Swifly does not guarantee any specific support response time or resolution time.

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Business, Team or Enterprise plans may include additional support terms if stated in an order form or separate agreement.

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Support contact: [[email protected] / to be confirmed].

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17. Termination

You may stop using the Services at any time. You may delete your account from within the application.

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Swifly may suspend, restrict or terminate your access to the Services if we reasonably believe that:

• you breached these Terms;
• your use creates risk of harm, security issues, legal exposure or liability for Swifly, users or third parties;
• your account has been compromised;
• payment for Paid Services fails;
• you use the Services unlawfully or abusively;
• continued provision of the Services is no longer commercially, technically or legally feasible;
• termination is required to comply with law or a request from a competent authority.

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18. Warranty Disclaimers

To the maximum extent permitted by applicable law, the Services are provided “as is” and “as available”.

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Swifly disclaims all warranties, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, availability, accuracy, reliability and error-free operation.

Swifly does not warrant that:

• the Services will meet your requirements or expectations;
• the Services will be uninterrupted, secure, timely or error-free;
• Outputs will be accurate, complete, suitable, current or free of mistakes;
• the Services will be compatible with every application, device, operating system or workflow;
• the Services will be free from viruses, malware or harmful components.

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Some jurisdictions do not allow certain warranty disclaimers, so some disclaimers may not apply to you. Nothing in these Terms limits mandatory statutory rights.

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19. Limitation of Liability

To the maximum extent permitted by applicable law, Swifly will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, goodwill, business opportunity, data, use or reputation, arising out of or relating to the Services, these Terms or Outputs.

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To the maximum extent permitted by applicable law, Swifly’s total aggregate liability for all claims arising out of or relating to the Services or these Terms will not exceed the amount you paid to Swifly for the Services during the twelve months preceding the event giving rise to the claim.

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For users of free Services, Swifly’s total aggregate liability will be limited to the maximum extent permitted by applicable law.

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Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by law, including liability for fraud, intentional misconduct, gross negligence where applicable, death or personal injury caused by negligence, or mandatory consumer rights.

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20. Indemnification

To the maximum extent permitted by law, you agree to indemnify and hold harmless Swifly, its officers, directors, employees, contractors, agents, affiliates and licensors from and against claims, damages, losses, liabilities, fines, penalties, costs and expenses, including reasonable legal fees, arising out of or related to:

• your breach of these Terms;
• your Customer Content;
• your misuse of the Services;
• your violation of applicable law;
• your infringement or violation of third-party rights;
• your failure to obtain required consent before recording, transcribing or processing another person’s speech.

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This indemnity does not apply to the extent a claim is directly caused by Swifly’s breach of these Terms or where prohibited by applicable law

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21. App Stores and Platform Terms

If you download or purchase the Services through Apple App Store, Google Play or another platform, your use may also be subject to that platform’s terms, policies and billing rules.

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Where a subscription is purchased through Apple or another platform, cancellation and refunds may need to be managed through that platform.

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To the extent required by platform rules, the platform provider and its subsidiaries may be third-party beneficiaries of these Terms for the relevant application.

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In case of conflict between these Terms and mandatory platform terms, the platform terms may apply solely to the extent of the conflict and solely for the relevant platform transaction.

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22. Copyright and Intellectual Property Complaints

Swifly respects intellectual property rights. If you believe that content or use of the Services infringes your rights, contact us at [[email protected] / to be confirmed] with sufficient information to identify the alleged infringement and your rights.

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Swifly may remove or disable access to content, suspend accounts or take other appropriate action in response to valid infringement notices or repeat infringement.

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23. Modifications to These Terms

Swifly may modify these Terms from time to time. We will post the updated version and update the “Last Updated” date.

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If changes materially affect your rights or obligations, we will take appropriate steps to notify you, such as through the app or by email, where required.

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Changes will not apply retroactively unless required by law or expressly stated. By continuing to use the Services after changes take effect, you agree to the updated Terms. If you do not agree, you must stop using the Services and cancel any Paid Services.

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24. Governing Law and Dispute Resolution

These Terms are governed by the laws of France, except where mandatory laws of your country of residence provide otherwise.

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If you are a consumer, you may have the right to bring disputes before the courts or authorities of your country of residence, where required by applicable law.

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If you are acting as a professional, business or legal entity, any dispute arising out of or relating to these Terms or the Services will be submitted to the competent courts of Paris, France, unless mandatory law provides otherwise.

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Before bringing a formal claim, you agree to attempt to resolve the dispute informally by contacting Swifly at [[email protected] / to be confirmed] with a description of your claim. Swifly will attempt to resolve the matter in good faith.

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For consumers, Swifly will provide information about consumer mediation where required by applicable law. Consumer mediation details: [consumer mediator to be completed].

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25. General Provisions

These Terms, together with the Privacy Policy and any additional terms expressly incorporated by reference, constitute the entire agreement between you and Swifly regarding the Services.

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If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in effect and the invalid provision will be replaced by an enforceable provision that most closely reflects the original intent.

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Swifly’s failure to enforce a provision is not a waiver of its right to do so later.

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You may not assign or transfer these Terms or your rights under them without Swifly’s prior written consent. Swifly may assign these Terms in connection with a merger, acquisition, restructuring, sale of assets, financing or transfer of business.

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Swifly is not responsible for failure or delay caused by events beyond its reasonable control.

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26. Contact

For questions about these Terms, contact us at:

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SWIFLY SAS
24 rue de Clichy
75009 Paris
France

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Legal contact: [email protected]
Support contact: [email protected]
Privacy contact: [email protected]

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27. Language

These Terms may be made available in multiple languages. Unless mandatory applicable law requires otherwise, the English version will prevail in case of inconsistency between versions.

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