Last updated: 8 September 2026 · Version 3.0
These Terms are a binding agreement between Swoopd Limited (company number 9448343, NZBN 9429053885111), Christchurch, New Zealand ("Swoopd", "we", "us", "our") and the business that sets up an account or uses the Service ("you", "your"). By ticking the box to accept these Terms when you set up your account, by starting a trial, or by accessing or using the Service, you agree to these Terms. If you are accepting on behalf of a business, you confirm you are authorised to agree to these Terms on its behalf and that it is bound by them. If you do not agree, you are not authorised to access or use the Service and you must stop.
Contents
1.1 These Terms apply to your use of the Service. By ticking the box to accept these Terms when you set up your account, or by accessing and using the Service:
1.2 If you do not agree to these Terms, you are not authorised to access and use the Service, and you must immediately stop doing so.
1.3 These Terms apply in full during any free trial, founder trial, evaluation, beta, or other free or discounted access to the Service, from the moment you set up your account or first access the Service, whether or not any Fees are then payable. During a free trial no Fees are charged. Unless you cancel before the trial ends, your selected plan starts automatically and the Fees become payable in accordance with clause 8. We may change or withdraw any trial or promotional offer at any time, and access during a trial is provided on an "as is" basis with no warranties.
2.1 Subject to clause 2.3, we may change these Terms at any time by notifying you of the change by email or by posting a notice on the Website, and unless stated otherwise, any change takes effect from the date set out in the notice.
2.2 You are responsible for ensuring you are familiar with the latest Terms.
2.3 If a change to these Terms is detrimental to you, you may terminate these Terms and your right to access and use the Service on no less than 10 days' notice, provided the notice is received by us before the date the change takes effect. If you give notice under this clause, the previous version of the Terms applies during the notice period. If you do not exercise this right and you continue to use the Service from the date the change takes effect, you agree to be bound by the changed Terms.
2.4 These Terms were last updated on 8 September 2026.
In these Terms:
Confidential Information means any information that is not public knowledge and that is obtained from the other party in the course of, or in connection with, the provision and use of the Service. Our Confidential Information includes Intellectual Property owned by us (or our licensors), including the Swoopd Software. Your Confidential Information includes the Data.
Data means all data, content, and information (including personal information) owned, held, used or created by you or on your behalf that is stored using, or inputted into, the Service, including information about the people who contact your business.
Fees means the applicable fees set out on our pricing page at swoopd.io/#pricing, or as otherwise agreed in writing between you and us, as may be updated from time to time in accordance with clause 8.
Force Majeure means an event beyond the reasonable control of a party, excluding an event to the extent it could have been avoided by a party taking reasonable steps or reasonable care, or a lack of funds for any reason.
including and similar words do not imply any limit.
Intellectual Property Rights includes copyright and all rights existing anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trade marks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property.
Objectionable includes being objectionable, defamatory, obscene, harassing, threatening, harmful, or unlawful in any way.
a party includes that party's permitted assigns.
a person includes an individual, a body corporate, an association of persons (whether corporate or not), a trust, a government department, or any other entity.
personal information means information about an identifiable, living person.
personnel includes officers, employees, contractors and agents, but a reference to your personnel does not include us.
Service means the missed call recovery, automated customer messaging, lead qualification, job booking, calendar, payments support and related business management services having the core functionality described on the Website, as the Website is updated from time to time.
Start Date means the date you set up an account or first access or use the Service.
Swoopd Software means the software owned by us (and our licensors) that is used to provide the Service.
Terms means these terms titled Terms of Service.
Underlying Systems means the Swoopd Software, IT solutions, systems and networks (including software and hardware) used to provide the Service, including any third party solutions, systems and networks.
We, us or our means Swoopd Limited, company number 9448343, NZBN 9429053885111.
Website means the internet site at swoopd.io, or such other site notified to you by us.
Year means a 12 month period starting on the Start Date or the anniversary of that date.
You or your means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.
Words in the singular include the plural and vice versa. A reference to a statute includes regulations, orders or notices made under it and all amendments, replacements or other changes to any of them.
4.1 We must use reasonable efforts to provide the Service in accordance with these Terms and New Zealand law, exercising reasonable care, skill and diligence, and using suitably skilled, experienced and qualified personnel.
4.2 Our provision of the Service to you is non exclusive. Nothing in these Terms prevents us from providing the Service to any other person.
4.3 We must use reasonable efforts to ensure the Service is available on a 24/7 basis. However, it is possible that on occasion the Service may be unavailable to permit maintenance or other development activity, or in the event of Force Majeure. We must use reasonable efforts to publish on the Website, or notify you by email, advance details of any planned unavailability.
4.4 Through the use of web services and application programming interfaces, the Service interoperates with a range of third party services and features. We do not make any warranty or representation on the availability of those features. If a third party provider ceases to provide a feature, or ceases to make it available on reasonable terms, we may cease to make that feature available to you. If we do so, you are not entitled to any refund, discount or other compensation.
4.5 To provide support, our authorised personnel may access your account and dashboard on your behalf. Such access is limited to what is reasonably needed, is logged, and remains subject to the confidentiality and privacy obligations in these Terms and our Privacy Policy.
5.1 You and your personnel must use the Service in accordance with these Terms solely for your own internal business purposes and lawful purposes (including complying with the Unsolicited Electronic Messages Act 2007), and must not resell or make the Service available to any third party, or otherwise commercially exploit the Service.
5.2 When accessing the Service, you and your personnel must:
5.3 A breach of any of these Terms by your personnel is deemed to be a breach of these Terms by you.
5.4 You are responsible for procuring all licences, authorisations and consents required for you and your personnel to use the Service, including to use, store and input Data into, and process and distribute Data through, the Service.
6.1 The Service sends WhatsApp messages, SMS and emails to the people who contact your business, on your behalf and using your business name. You are solely responsible for ensuring you have the right and any necessary consent to contact those people, and for complying with the Unsolicited Electronic Messages Act 2007 and all other applicable laws.
6.2 You must not use the Service to send unsolicited marketing, deceptive, or unlawful messages. You indemnify us against any claim, fine, penalty, cost or loss arising from messages sent through your account or your breach of this clause.
7.1 You acknowledge that we may require access to the Data to exercise our rights and perform our obligations under these Terms, and that, to the extent necessary but subject to clause 10, we may authorise our personnel to access the Data for this purpose. You must arrange all consents and approvals necessary for us to access the Data in this way.
7.2 You acknowledge and agree that we may use Data, and information about your and your end users' use of the Service, to generate anonymised and aggregated statistical and analytical data ("Analytical Data"), and may use Analytical Data for our internal research and product development purposes and to conduct statistical analysis and identify trends and insights. Our rights under this clause survive termination or expiry of these Terms, and title to, and all Intellectual Property Rights in, Analytical Data is and remains our property. We do not sell your Data.
7.3 You acknowledge and agree that, to the extent Data contains personal information, in collecting, holding and processing that information through the Service we act as your agent for the purposes of the Privacy Act 2020 and any other applicable privacy law. You must obtain all necessary consents from the relevant individual to enable us to collect, use, hold and process that information in accordance with these Terms and our Privacy Policy.
7.4 While we will take standard industry measures to back up Data stored using the Service, you agree to keep a separate back up copy of all Data you upload onto the Service.
7.5 You agree that we may store and process Data (including any personal information) in secure servers in Australia, Singapore, the United States, and other countries in which our service providers operate, and may access that Data in those countries and in New Zealand from time to time. Wherever your Data is stored or processed, we require providers to protect it to standards comparable to New Zealand privacy law.
7.6 You indemnify us against any liability, claim, proceeding, cost, expense (including actual legal fees) and loss of any kind arising from any actual or alleged claim by a third party that any Data infringes that third party's rights (including Intellectual Property Rights and privacy rights) or that the Data is Objectionable, incorrect or misleading.
8.1 You must pay us the Fees for your plan and any add ons. Current pricing is shown at swoopd.io/#pricing. All Fees are in New Zealand Dollars.
8.2 We will provide you with an invoice for each billing period. Subscriptions are billed in advance and renew automatically (monthly or annually, as selected) until cancelled in accordance with clause 13.
8.3 GST. The Fees do not include GST and no GST is charged. If GST becomes chargeable in future, it will be added to the Fees as required by law and we will notify you.
8.4 By providing a payment method you authorise us and our payment provider to charge the Fees and any applicable add on charges when due. You are responsible for keeping a valid payment method on file, and you must pay electronically in cleared funds without any set off or deduction.
8.5 You may upgrade at any time, effective immediately, with the difference charged on a pro rata basis. Downgrades take effect at your next renewal. Annual plans that are downgraded do not receive a refund of the difference for the current term.
8.6 If a payment fails, we may retry it and may suspend the Service until payment is made. We may charge interest on overdue amounts from the due date to the date of payment (both inclusive) at an annual rate equal to the corporate overdraft reference rate of our primary trading bank as at the due date plus 2%, and you are responsible for reasonable costs of recovery.
8.7 We may increase the Fees by giving at least 30 days' notice, effective from your next renewal. If you do not wish to pay the increased Fees, you may terminate these Terms and your right to access and use the Service on no less than 10 days' notice, provided the notice is received before the effective date of the increase. If you do not terminate, you are deemed to have accepted the increased Fees. You agree not to raise a chargeback or payment dispute without first contacting us in good faith to resolve the issue.
9.1 Subject to clause 9.2, title to, and all Intellectual Property Rights in, the Service, the Website, and all Underlying Systems is and remains our property (and our licensors' property). You must not contest or dispute that ownership, or the validity of those Intellectual Property Rights. We grant you a limited, non exclusive, non transferable, revocable right to use the Service during your subscription for your internal business purposes.
9.2 Title to, and all Intellectual Property Rights in, the Data (as between the parties) remains your property. You grant us a worldwide, non exclusive, fully paid up, transferable, irrevocable licence to use, store, copy, modify, make available and communicate the Data for any purpose in connection with the exercise of our rights and performance of our obligations in accordance with these Terms.
9.3 To the extent not owned by us, you grant us a royalty free, transferable, irrevocable and perpetual licence to use for our own business purposes any know how, techniques, ideas, methodologies, and similar Intellectual Property used by us in the provision of the Service.
9.4 If you provide us with ideas, comments or suggestions relating to the Service or Underlying Systems ("feedback"), all Intellectual Property Rights in that feedback, and anything created as a result of it, are owned solely by us, and we may use or disclose the feedback for any purpose.
9.5 You acknowledge that the Service may link to third party websites or feeds. Any link does not imply that we endorse, approve or recommend, or have responsibility for, those websites or feeds or their content or operators. To the maximum extent permitted by law, we exclude all responsibility or liability for those websites or feeds.
10.1 Each party must, unless it has the prior written consent of the other party, keep the other party's Confidential Information confidential at all times, maintain adequate security measures to safeguard it from unauthorised access or use, and disclose it to its personnel or professional advisors on a need to know basis only, ensuring any such person is aware of and complies with this clause.
10.2 The obligation of confidentiality does not apply to any disclosure or use of Confidential Information for the purpose of performing a party's obligations or exercising a party's rights under these Terms; required by law; which is publicly available through no fault of the recipient; which was rightfully received from a third party without restriction and without breach of any obligation of confidentiality; or by us if required as part of a bona fide sale of our business, provided we enter into a confidentiality agreement with the third party on terms no less restrictive than this clause.
11.1 Each party warrants that it has full power and authority to enter into, and perform its obligations under, these Terms.
11.2 To the maximum extent permitted by law, our warranties are limited to those set out in these Terms, and all other conditions, guarantees or warranties whether expressed or implied by statute or otherwise (including any warranty under Part 3 of the Contract and Commercial Law Act 2017) are expressly excluded and, to the extent they cannot be excluded, our liability for them is limited to NZD 1,000. We make no representation concerning the quality of the Service and do not promise that the Service will meet your requirements or be suitable for a particular purpose, or that it will be secure, free of viruses or other harmful code, uninterrupted or error free, or that any message, lead or booking will be delivered, captured or completed.
11.3 You agree and represent that you are acquiring the Service, and accepting these Terms, for the purpose of trade. The parties agree that, to the maximum extent permitted by law, the Consumer Guarantees Act 1993 and any other applicable consumer protection legislation does not apply to the supply of the Service or these Terms, and that it is fair and reasonable that the parties are bound by this clause 11.3.
11.4 Where legislation or a rule of law implies into these Terms a condition or warranty that cannot be excluded or modified by contract, the condition or warranty is deemed included. However, our liability for any breach of it is limited, at our option, to supplying the Service again, or paying the cost of having the Service supplied again.
12.1 Our maximum aggregate liability under or in connection with these Terms or the Service, whether in contract, tort (including negligence), breach of statutory duty or otherwise, must not in any Year exceed an amount equal to the Fees paid by you relating to the Service in the previous Year (which in the first Year is deemed to be the total Fees paid by you from the Start Date to the date of the first event giving rise to liability). This cap includes the cap set out in clause 11.2.
12.2 Neither party is liable to the other under or in connection with these Terms or the Service for any loss of profit, revenue, savings, business, use, data (including Data) or goodwill, or for any consequential, indirect, incidental or special damage or loss of any kind.
12.3 Clauses 12.1 and 12.2 do not apply to limit our liability for personal injury or death; fraud or wilful misconduct; or a breach of clause 10.
12.4 Clause 12.2 does not apply to limit your liability to pay the Fees, under the indemnities in clauses 6.2 and 7.6, or for the matters stated in clause 12.3.
12.5 Neither party is liable, or in breach of these Terms, for any failure to perform to the extent caused by the other party failing to comply with its obligations, or by the negligence or misconduct of the other party or its personnel. Each party must take reasonable steps to mitigate any loss it may suffer.
13.1 These Terms and your right to access and use the Service start on the Start Date and continue until terminated in accordance with this clause. You may cancel at any time from Settings. Cancellation takes effect at the end of your current billing period, and you keep access until then.
13.2 If the subscription option you have selected includes a minimum initial term (for example an annual plan), the earliest date your cancellation can take effect is the expiry of that initial term.
13.3 Either party may, by notice, immediately terminate these Terms and your right to access and use the Service if the other party breaches any material provision and the breach is not remedied within 10 days of a notice requiring it to be remedied, or is not capable of being remedied; or if the other party becomes insolvent, liquidated or bankrupt, has a receiver, liquidator, statutory manager or similar appointed, becomes subject to any form of insolvency action, or ceases to carry on business.
13.4 Termination does not affect either party's rights and obligations that accrued before termination. On termination you must pay all Fees for the provision of the Service prior to termination. No compensation is payable by us as a result of termination for any reason, and you are not entitled to a refund of any Fees already paid. Annual Fees are paid in advance and are non refundable except where required by law.
13.5 At any time prior to one month after termination, you may request a copy of your Data in a common electronic form (we do not warrant it will be compatible with any software), or deletion of your Data, in which case we will use reasonable efforts to promptly delete it. After that period we may delete your Data, except where law requires longer retention.
13.6 Without limiting any other right or remedy, we may restrict or suspend your access to and use of the Service, or delete, edit or remove Data, if we consider that you or your personnel have undermined or attempted to undermine the security or integrity of the Service or any Underlying Systems; used or attempted to use the Service for improper purposes or in a manner that materially reduces its operational performance; transmitted, inputted or stored any Data that breaches or may breach these Terms or any third party right, or that is or may be Objectionable, incorrect or misleading; or otherwise materially breached these Terms.
14.1 Neither party is liable to the other for any failure to perform its obligations under these Terms to the extent caused by Force Majeure. Payment obligations are not excused by this clause.
14.2 No person other than you and us has any right to a benefit under, or to enforce, these Terms.
14.3 For us to waive a right under these Terms, that waiver must be in writing and signed by us.
14.4 Subject to clause 7.3, we are your independent contractor, and no other relationship (for example joint venture, agency, trust or partnership) exists under these Terms.
14.5 If we need to contact you, we may do so by email or by posting a notice on the Website, and you agree that this satisfies all legal requirements in relation to written communications. You may give notice to us under or in connection with these Terms by emailing hello@swoopd.io.
14.6 These Terms, and any dispute relating to these Terms or the Service, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Service.
14.7 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 6.2, 7.6, 9, 10, 12, 13.4 to 13.5 and 14.6, continue in force.
14.8 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If modification is not possible, the part or provision must be treated for all purposes as severed from these Terms, and the remainder of these Terms will be binding on you.
14.9 These Terms (together with the Privacy Policy and any add on terms you accept) set out everything agreed by the parties relating to the Service, and supersede and cancel anything discussed, exchanged or agreed prior to the Start Date. The parties have not relied on any representation, warranty or agreement relating to the Service that is not expressly set out in these Terms, and no such representation, warranty or agreement has any effect from the Start Date. The parties agree to contract out of sections 9, 12A and 13 of the Fair Trading Act 1986, and that it is fair and reasonable that the parties are bound by this clause 14.9.
14.10 You may not assign, novate, subcontract or transfer any right or obligation under these Terms without our prior written consent, that consent not to be unreasonably withheld. We may assign these terms to a related company or in connection with a sale or reorganisation of our business, and we may use subcontractors and sub processors to provide the Service. You remain liable for your obligations under these Terms despite any approved assignment, subcontracting or transfer.
Swoopd Limited
Company number 9448343
NZBN 9429053885111
Christchurch, New Zealand
hello@swoopd.io