Last updated: 9 June 2026 · Version 2.0
These terms form a binding agreement between Bloom Creative Ltd trading as Swoopd, Christchurch, New Zealand ("Swoopd", "we", "us", "our") and the business that creates an account or uses the service ("Customer", "you", "your"). By creating an account, starting a trial, ticking that you accept these terms, or using the service, you agree to these terms. If you are accepting on behalf of a business, you confirm you are authorised to bind that business.
Contents
"Service" means the Swoopd software, websites, applications, APIs, and related services. "Customer Data" means data, content, and information you or your end customers submit to or generate in the Service. "End Customer" means a person you communicate with or manage using the Service. "Add-on" means an optional paid feature (such as the SMS short code add-on) governed by its own additional terms. "Fees" means the charges for your plan and any Add-ons.
Swoopd provides missed call recovery, automated customer messaging, lead qualification, job booking, calendar, payments support, and business management tools for trade and service businesses. We may add, change, improve, or remove features from time to time. We will not materially reduce the core functionality of a paid plan during a period you have paid for without giving you notice and a pro rata refund of any prepaid, unused fees for that reduced functionality.
You must be at least 18 years old and authorised to act for your business. You agree to provide accurate, current, and complete information and to keep it up to date. You are responsible for all activity under your account, for keeping login credentials secure, and for any team members or users you add. One account per business unless we agree otherwise. You must notify us promptly of any unauthorised use of your account.
New accounts may receive a 14 day free trial. No payment is taken during the trial. Unless you cancel before the trial ends, your selected plan starts automatically and the Fees become payable. We may change or withdraw trial offers at any time. Trial accounts are provided "as is" with no warranties.
Swoopd offers Starter ($99/month or $990/year), Pro ($179/month or $1,790/year), and Business ($399/month or $3,990/year) plans. Current pricing is shown at swoopd.io/#pricing. All Fees are in New Zealand Dollars (NZD).
The Fees do not include GST and no GST is charged. If GST becomes applicable in future, it will be added to the Fees as required by law and we will notify you.
Subscriptions renew automatically (monthly or annually, as selected) until cancelled. 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.
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.
If a payment fails, we may retry it and may suspend the Service until payment is made. Amounts not paid when due may incur interest at 2% per month on the overdue balance, and you are responsible for reasonable costs of recovery.
We may change Fees on at least 14 days notice, effective from your next renewal. You agree not to raise a chargeback or payment dispute without first contacting us in good faith to resolve the issue.
You can cancel at any time from Settings. Cancellation takes effect at the end of your current billing period, and you keep access until then. Monthly Fees already paid are not refunded for the remaining period. Annual Fees are paid in advance and are not refundable except where required by law. Add-ons with a minimum term are non refundable as set out in their own terms.
You own your Customer Data. You grant us a non exclusive licence to host, process, and use Customer Data to provide, secure, support, and improve the Service, and as otherwise permitted by our Privacy Policy. We handle personal information in accordance with the Privacy Act 2020 and our Privacy Policy. We use reasonable technical and organisational measures to protect Customer Data and engage reputable service providers under appropriate confidentiality and data protection obligations to deliver the Service. If we become aware of a notifiable privacy breach affecting your data, we will notify you without undue delay. You can export or request deletion of your Customer Data at any time; after your account closes we may retain data for a reasonable period before secure deletion, except where law requires longer retention.
The Service sends WhatsApp messages, SMS, and emails to your End Customers on your behalf, 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. You must not use the Service to send unsolicited marketing, deceptive, or unlawful messages. You indemnify us against any claim, fine, penalty, or loss arising from messages sent through your account or your breach of this clause.
You must not, and must not permit any user to: (a) use the Service for spam, fraud, harassment, or any unlawful or harmful purpose; (b) infringe the rights of others; (c) upload malware or attempt to gain unauthorised access; (d) reverse engineer, decompile, copy, resell, or create derivative works from the Service except as permitted by law; (e) disrupt, overload, or probe the Service or its security; or (f) use the Service to build a competing product. We may suspend or terminate accounts that breach this clause.
The Service relies on third party providers to deliver parts of the Service. We are not responsible for the acts, omissions, outages, or changes of those providers. Where you connect a third party account, your use of that service remains subject to that provider's terms, and you authorise us to access it on your behalf to provide the Service.
The Service and all related intellectual property are and remain owned by us or our licensors. We grant you a limited, non exclusive, non transferable, revocable right to use the Service during your subscription for your internal business purposes. You retain ownership of your Customer Data. If you give us feedback or suggestions, you grant us a perpetual, royalty free licence to use them without restriction or obligation to you.
Each party may receive confidential information of the other. Each party will keep the other's confidential information confidential, use it only to perform under these terms, and protect it with reasonable care. This does not apply to information that is public through no fault of the receiving party, independently developed, or required to be disclosed by law.
We provide the Service on a reasonable efforts basis and aim for high availability, but we do not guarantee uninterrupted or error free operation. We will give reasonable notice of planned maintenance where practical. We provide support by email at hello@swoopd.io during New Zealand business hours and aim to respond within a reasonable time; priority support may be included with higher plans.
You acquire and use the Service for the purposes of a business. To the maximum extent permitted by section 43 of the Consumer Guarantees Act 1993 and section 5C of the Fair Trading Act 1986, the guarantees and provisions of those Acts do not apply to the supply of the Service to you, and you agree it is fair and reasonable to be bound by this clause.
To the maximum extent permitted by law, the Service is provided "as is" and "as available", and we disclaim all warranties not expressly stated in these terms, including any implied warranties of merchantability, fitness for a particular purpose, and non infringement. We do not warrant that the Service will meet your requirements, be uninterrupted, or that any message, lead, or booking will be delivered, captured, or completed.
To the maximum extent permitted by law: (a) neither party is liable for any indirect, special, incidental, or consequential loss, or for loss of profit, revenue, data, goodwill, or anticipated savings, even if advised of the possibility; (b) we are not liable for missed calls, lost leads, or bookings caused by factors outside our reasonable control, or by third party providers or networks; and (c) our total aggregate liability under or in connection with these terms is limited to the Fees you paid us in the 12 months before the event giving rise to the liability. Nothing in these terms limits liability that cannot be limited by law.
You will indemnify and hold us harmless against any claim, demand, loss, liability, fine, or cost (including reasonable legal costs) arising from your Customer Data, your messages or communications, your use of the Service, or your breach of these terms or applicable law.
We may suspend or terminate your access immediately if you materially breach these terms, fail to pay, create risk or legal exposure for us, or use the Service unlawfully. You may cancel at any time under clause 6. On termination: your right to use the Service ends; you may export your Customer Data for 30 days, after which we may delete it; accrued Fees remain payable; and clauses that by their nature should survive (including 7, 11, 12, 14–17, 22–24) continue.
Neither party is liable for any failure or delay caused by events beyond its reasonable control, including outages of telecommunications or internet services, acts of carriers or regulators, natural events, or government action. Payment obligations are not excused by this clause.
We may update these terms from time to time. We will give at least 14 days notice of material changes by email or in the app. Continuing to use the Service after changes take effect means you accept the updated terms. If you do not agree, you may cancel before they take effect.
You may not assign or transfer these terms without our prior written consent. 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.
If a dispute arises, the parties will first try in good faith to resolve it by discussion. If it is not resolved within 20 working days, the parties will attempt mediation in Christchurch before commencing court proceedings. This clause does not prevent either party from seeking urgent interim relief.
These terms are governed by the laws of New Zealand, and the parties submit to the exclusive jurisdiction of the New Zealand courts (Christchurch).
These terms (together with the Privacy Policy and any Add-on terms you accept) are the entire agreement between the parties and supersede any prior discussions. If any provision is held unenforceable, the rest remains in force. A failure to enforce a right is not a waiver of it. Nothing in these terms creates a partnership, agency, or employment relationship. Notices to you may be given by email or in the app; notices to us must be sent to hello@swoopd.io.
Bloom Creative Ltd trading as Swoopd
Christchurch, New Zealand
hello@swoopd.io