SwiftDesk - Terms & Conditions

Effective Date: 26th January, 2025

This Agreement is entered into between SwiftDesk, a technology-enabled calling and campaign execution platform (“SwiftDesk”, “we”, “us”), and the user (“User”, “you”), which may include advertisers, agencies, partners, or callers accessing the SwiftDesk platform.

By accessing or using SwiftDesk services, you agree to be bound by these Terms & Conditions.

1. Platform Overview

SwiftDesk is a caller operations and campaign execution platform that enables Users to:

• Upload or integrate lead data
• Execute outbound calling through trained callers
• Access call recordings, reports, and dashboards
• Monitor call activity, connectivity, and interaction outcomes

SwiftDesk’s primary responsibility is accurate, compliant, and transparent call execution.

SwiftDesk does not guarantee sales, conversions, disbursals, or revenue outcomes.

2. Definitions

• User: Any individual or entity using SwiftDesk services.
• Client / Advertiser: Entity uploading leads and running calling campaigns.
• Caller: Verified individual performing calls through the SwiftDesk system.
• Call Execution: The act of dialing, connecting, and conducting calls as per defined scripts and workflows.
• Interaction Outcome: The response captured during a call (e.g., connected, not connected, interested, not interested, eligibility responses).
• Qualified Lead (QL): A lead that has been processed through SwiftDesk’s calling workflow and marked based on campaign-specific interaction outcomes.
  Qualification represents a process-level status, not a guarantee of conversion or customer intent.
• CPQL: A commercial billing structure where charges may apply to leads processed and marked through defined calling workflows.
• Content: Scripts, lead data, instructions, or materials provided by the User.
• Platform: SwiftDesk caller portal, client portal, analytics, integrations, and related systems.

3. Acceptance & Term

This Agreement becomes effective upon:

• Clicking acceptance on the SwiftDesk platform, or
• Using any SwiftDesk service

The Agreement remains in force until terminated in accordance with these Terms.

4. User Responsibilities

Users agree to:

• Upload lawfully obtained and consented lead data
• Ensure compliance with applicable telecalling, data protection, and regulatory laws
• Provide accurate scripts, campaign instructions, and qualification logic
• Maintain confidentiality of login credentials and access rights

SwiftDesk is not responsible for:

• Lead source legality
• Data accuracy or freshness
• Client-side CRM decisions
• Sales closures, rejections, or downstream outcomes

5. Call Recording, Monitoring & Consent

By using SwiftDesk, Users:

• Explicitly consent to call recording
• Acknowledge the use of speech-to-text (STT), monitoring, and QA tools.
• Agree that recordings and transcripts may be used for:
  • Quality assurance
  • Training
  • Compliance
  • Dispute resolution
  • Reporting to the User

SwiftDesk may retain call data for operational, legal, and audit purposes.

6. Commercial Model & Billing

6.1 Commercial Structure

SwiftDesk operates on a call-execution–based commercial model , which may be structured as CPQL or any other mutually agreed metric.

CPQL, where applicable:

• Reflects billing for leads processed through defined calling workflows.
• Is not a guarantee of conversion, sales, or customer intent
• Is based on system-recorded interaction outcomes.

6.2 Payments

• Clients may be required to prepay or maintain platform credits.
• SwiftDesk may pause campaigns if balances are insufficient.
• All applicable taxes (including GST) are borne by the User.

7. Primary KPI Disclaimer

SwiftDesk’s primary KPI is:

• Call execution.
• Connectivity.
• Script adherence.
• Recording availability.
• Reporting transparency.

Any qualification, interest marking, or verification status:

• Is a by-product of call execution .
• May evolve over time based on training, scripts, data quality, and optimization.
• Is not represented as a final business KPI unless explicitly agreed in writing.

8. Disputes & Reporting

• Disputes must be raised within 7 days of data visibility on the platform.
• Valid disputes are limited to:
  • Technical errors.
  • Call execution failures.
  • Data mismatches.

The following are not valid dispute grounds :

• Lack of sales or conversions.
• CRM-level rejections.
• Customer behavior after the call.
• Internal business outcomes.

SwiftDesk’s system logs, call recordings, and reports shall be final for dispute resolution .

9. Continuous Optimization

Users acknowledge that:

• Campaigns may involve a learning and optimization phase .
• Call outcomes may vary during early or scaling stages.
• SwiftDesk continuously works to improve quality through training, monitoring, and system enhancements.

Such improvements do not alter the agreed commercial basis unless mutually revised.

10. Confidentiality & Intellectual Property

• SwiftDesk’s platform, workflows, dashboards, and system logic are its intellectual property.
• Users may not copy, reverse engineer, or misuse platform materials.
• Client data remains client-owned; platform analytics and system outputs remain SwiftDesk-owned.

11. Force Majeure

Users must not:

• Upload fraudulent or non-consented data.
• Misuse call recordings.
• Attempt caller poaching.
• Bypass billing or qualification logic.

SwiftDesk reserves the right to suspend access without refund for violations.

12. Termination

SwiftDesk may terminate or suspend access:

• For policy violations.
• Non-payment.
• Legal, compliance, or reputational risk.

Unused balances, if any, may be refunded after applicable deductions .

13. Limitation of Liability

SwiftDesk’s liability is limited to the amount paid by the User in the three (3) months preceding the claim.

SwiftDesk is not liable for indirect, incidental, or consequential damages.

14. Force Majeure

SwiftDesk is not liable for delays or failures due to events beyond its reasonable control, including technical failures, regulatory changes, or force majeure events.

15. Governing Law & Jurisdiction

This Agreement is governed by the laws of India .

Jurisdiction: Mumbai, Maharashtra .

16. Amendments

SwiftDesk may update these Terms with notice via platform or email.
Continued use of the platform constitutes acceptance of revised terms.

17. Survival

Clauses relating to confidentiality, limitation of liability, disputes, and intellectual property survive termination.