Terms of Service

About these terms

These terms apply when a business (“you”) uses Swixy Commerce (“Swixy”, “the service”), provided by Swixy Pty Ltd (ABN 78 663 420 086) (“we”, “us”). By signing up, or by using the service, you accept these terms. You also confirm you have authority to accept them for your business.

Swixy is a business service. It isn’t for personal, domestic or household use.

The service

Swixy is an AI agent that answers your store’s phone calls and website chats. It connects to your Shopify store and Gorgias helpdesk so it can look up orders, answer questions, recommend products, send SMS and checkout links, transfer calls to your team and create Gorgias tickets. You can see every conversation on a live dashboard.

Swixy is in early access. We’ll keep improving it, and features may change. We’ll tell you before we remove anything you rely on.

Fees and the founding offer

• Founding offer: the first 10 founding stores pay the founding price shown on swixy.ai for their country (A$399 a month in Australia). That price is held for 12 months from your go-live date. After that, standard pricing applies (currently from A$899 a month in Australia), and we’ll give you at least 30 days’ notice first.
• What’s included: unlimited calls and chats, hands-on setup, your own agent persona, the live dashboard, and a local phone number if you need one. Call and SMS costs are included. Unlimited use is subject to fair use: if your volume is far above what a store your size usually needs, we’ll talk to you before anything changes.
• Billing: fees are charged monthly in advance, in the currency shown on your order (Australian dollars for Australian customers). Prices exclude GST. We add GST for Australian customers.
• Late payment: if an invoice is more than 14 days overdue, we may pause the service after giving you notice.

Your responsibilities

• Give us accurate information about your store, products and policies, and tell us when they change.
• Set the agent’s rules, including what it must not say, and check transcripts on the dashboard.
• Make sure your use of Swixy complies with the law, including privacy law, the Spam Act 2003, the Australian Consumer Law, and laws on recording phone calls.
• Tell your customers that you use an AI agent and that calls are recorded, for example in your own privacy policy. The agent also says so at the start of each call.
• Have the right to connect your Shopify, Gorgias and phone accounts, and keep your login details secure.

How the AI agent works

Swixy answers from the information you and your connected systems give it. Like any person or software, it can sometimes get things wrong. You’re responsible for what your business tells customers, so please review transcripts and tell us about errors. We’ll fix them quickly.

• Swixy is not an emergency service, and it isn’t a substitute for medical, legal or financial advice. It declines topics you rule out.
• Live transfer depends on your team being available. If nobody answers, Swixy creates a Gorgias ticket and tells the customer your team will be in touch.

Payments and checkout

Swixy sends customers links to your own Shopify checkout. Customers pay through Shopify, and Swixy never handles or stores card details. Shopify’s terms govern checkout, payments, refunds and orders.

Your data

You own your store’s data, including your customers’ details, call recordings, transcripts and chats. You give us permission to use it only to provide, secure and support Swixy for you, and as our Privacy Policy describes. We don’t use your data to improve Swixy for other stores.

We handle your customers’ personal information on your behalf and only on your instructions. These terms and our Privacy Policy set out how; we can also sign a data processing agreement on request. When the service ends, you can ask for an export, and we’ll delete your data within 30 days unless the law requires us to keep it.

Intellectual property

We own Swixy, including the software, the agent and the dashboard. You own your content, such as your brand, product information and policies. You give us a licence to use your content to run Swixy for you. If you send us feedback, we can use it to improve Swixy.

Acceptable use

You must not use Swixy to:

• mislead customers, or make claims about products that you can’t back up
• send spam or unsolicited marketing, or contact people who haven’t contacted you (Swixy only handles inbound calls and chats)
• sell products that are illegal or restricted without the required approvals
• break the law or anyone’s rights, or try to break, copy or reverse-engineer the service

Availability and support

We aim to keep Swixy running 24/7, but during early access we don’t offer a guaranteed uptime level. We’ll tell you about planned maintenance in advance where we can. If Swixy can’t answer, calls fall back to your normal phone line or voicemail, depending on how your call forwarding is set up. Support is available by email at hello@swixy.ai, Monday to Friday, 9am to 5pm Melbourne time.

Ending the service

• Either of us can end the service with 30 days’ written notice. There’s no lock-in during early access.
• We may suspend or end the service straight away if you seriously breach these terms, or if your use puts other people or our systems at risk.
• When the service ends, remove call forwarding to Swixy. If we gave you a phone number, we’ll help you move it to another provider where the carrier allows it.

Liability

Nothing in these terms excludes rights you have under the Australian Consumer Law that can’t be excluded. Apart from those rights:

• our total liability to you is limited to the fees you paid us in the 3 months before the claim
• neither of us is liable for indirect or consequential loss, including lost profits, lost sales or lost data
• you’re responsible for claims caused by your content, your products, your instructions to the agent, or your breach of these terms

General

These terms are governed by the laws of Victoria, Australia. We may update them; we’ll give customers at least 30 days’ notice of material changes by email. If any part of these terms can’t be enforced, the rest still applies. These terms, together with your order details, are the whole agreement between us.

Using our website

The information on swixy.ai is general and may change. Results shown on the site come from specific stores and aren’t a guarantee of results for yours. You may not copy or reuse the site’s content without our permission.

Questions about these terms? Email hello@swixy.ai.