Last modified: June 28, 2022
This SwiftChat API Integration Terms is an extension to Section 3 of the SwiftChat Business Terms of Service and provides further terms and conditions governing your use of our Bot APIs.
1. Getting access to the Bot APIs and completing the integration process
a. To access the Business Services, you must create a SwiftChat Business Manager Account which allows you to get access to the Business Services documentation and process to complete the integration of your Merchant Bot with SwiftChat.
b. Post the setup of your SwiftChat Business Manager Account, you will get access to the Business Manager Dashboard through which you will manage the entire integration of your Merchant Bot and interaction with the Users (or Customers as applicable).
c. You must follow any guidelines and instructions in technical and product documentation provided here to ensure a smooth integration process.
d. The Bot APIs may be used:
i. by existing Merchant Bots to integrate with SwiftChat
ii. Bots which have been created using the Business Services Documentation and then integrate with SwiftChat
2. Use of Bot APIs to access SwiftChat and its Users
a. You must maintain a complete business profile with your customer support contact information and one or more of the following: email address, website address, and/or telephone number. Keep all information accurate and up-to-date. You must not impersonate another business or otherwise mislead customers as to the nature of your business.
b. You may only contact Users on SwiftChat if: (a) they have given you their mobile phone number; and (b) they have agreed to be contacted by you over SwiftChat. Do not confuse, deceive, defraud, mislead, spam, or surprise people with your communications.
c. You must respect all requests by a User to block, discontinue, or otherwise opt out of communications from you via SwiftChat, including removing that person from your contacts list.
d. We may make changes or updates to the Bot APIs (such as infrastructure, security, technical configurations, application features, etc.) during the Term from time to time including to reflect changes in technology, industry practices and patterns of system use.
e. You are required to accept all bug fixes, updates, maintenance and service packs (collectively, “Updates”) necessary for the proper function and security of the Bot APIs.
3. Opt-in Terms
a. This section specifically applies to Bot APIs.
b. In order to initiate a Message to a User, you must first receive opt-in permission confirming that they wish to receive future Messages from you on SwiftChat. The opt-in must (a) clearly state that the person is opting in to receive Messages from you over SwiftChat and (b) clearly state your business’ name.
c. Any specific opt-in permission request should also be accompanied by your privacy policy which allows Users to understand the usage of their data and personal information once they become the Customer of your services.
d. You are solely responsible for determining the method of opt-in, that you have obtained opt-in in a manner that complies with laws applicable to your communications, and that you have otherwise provided notices and obtained permissions that are required under applicable law.
e. Once the User has opted in, then you shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness of the User interaction and data that is generated.
f. Best practices for opt-in messages:
i. Users should expect the messages they receive. You can set this expectation by obtaining an opt-in that encompasses the different categories of messages that you will send (ex: order updates, relevant offers, product recommendations, etc.) or by obtaining separate opt-in by specific message category.
ii. This reduces the risk of a user blocking your business because they receive unsolicited messages.
iii. Provide clear instructions for how people can opt out of receiving specific categories of messages.
iv. Ensure your opt-in and opt-out flows are clear and intuitive for users.
v. Clearly communicate the value of receiving this information on SwiftChat.
4. Acceptable Messages and Conversations
a. You may only initiate chats using an approved Message or Conversation (as defined in our documentation). It may be subject to a suitable pricing if applicable. Such approved Message or Conversations are available at Message Templates on our technical and product documentation page.
b. Such Messages or Conversations may contain your Content which is governed by the SwiftChat Content Policy available here.
c. Any Message or Conversation must comply with our terms and these policies, and only be used for its designated purpose. We have the right to review, approve and reject any Message and Conversation at any time.
5. Data Privacy
a. Usage of our Bot APIs gives you access to certain personal information of Users which they have provided to us.
b. Notwithstanding the above, once a User decides to opt-in as per Section 3(b) above, the information shared by them to you governs as per your privacy policy and we become the data processors on your behalf. Post the opt-in by a User, the processing of their information is governed by SwiftChat User Data Processing Terms.
c. You are responsible for and must secure all necessary notices, permissions, and consents to collect, use, and share people's content and information, including maintaining a published privacy policy, and otherwise complying with applicable law.
6. Restrictions on usage of Bot APIs You shall not, or cause or permit others to:
a. use the Bot APIs during the term of this Agreement for any purpose other than determined as per these Business Terms;
b. remove or modify any program markings or any notice of our proprietary rights;
c. sublicense its rights under these Bot APIs or make the programs which comprise the Bot APIs(excluding Content and Company Solution) available in any manner, for a fee or without charge, to any third party;
d. modify, make derivative works of, disassemble, decompile, or reverse engineer any part of the Bot APIs;
e. access or use Bot APIs to build or support, and/or assist a third party in building or supporting, products or services competitive to SwiftChat;
f. perform or disclose any benchmark or performance tests of the Bot APIs without prior written consent;
g. perform or disclose any of the following security testing of the Bot APIs or associated infrastructure without our prior written consent: network discovery, port and service identification, vulnerability scanning, password cracking, remote access testing, or penetration testing; and
h. license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make use of the Bot APIs, to any third party, other than as expressly permitted under the Business Terms.
7. Prohibited Activities through Bot APIs
a. The usage of your Content through SwiftChat for the Users is strictly governed by the SwiftChat Content Policy and Child Protection Policy available here.
b. We prohibit organizations and/or individuals engaged in terrorist or organized criminal activity from using the Business Services and Bot APIs.
c. We prohibit the use of the Business Services and Bot APIs and to facilitate or organize criminal activity, including exploiting or causing physical, financial, or other harm to people, businesses, or animals.
d. You must not wrongfully discriminate or suggest a preference for or against people because of a personal characteristic, included but not limited to, race, ethnicity, color, national origin, citizenship, religion, age, sex, sexual orientation, gender identity, family status, marital status, disability, or medical or genetic condition. You must comply with all applicable laws prohibiting discrimination.
e. If you are discussing, offering, or completing sales of goods or services, including sending messages in connection with such offers or sales, you must also comply with the Commerce Policy.
f. If your organization's primary business or purpose (as determined by us in our sole discretion) is to distribute, sell, offer to sell, transact in, trade in, promote, endorse, or commercially deal in any of the goods and services prohibited by the Commerce Policy, then we may prohibit your organization from using the Business Services.
8. Enforcement & Updates
a. We may limit or remove your access to or use of the Bot APIs if you receive excessive negative feedback, cause harm to SwiftChat or our Users, or violate or encourage others to violate our terms or policies, as determined by us in our sole discretion.
b. If you use or operate a service which utilizes SwiftChat in violation of our terms or policies, such as messaging people at scale in an unauthorized manner, we have the right to limit or remove your access to SwiftChat and other Business Services.
c. Provision of hidden features, services, or actions that are inconsistent with the marketed purpose of your Solution’s integration with SwiftChat may lead us to suspend your ability to access our Bot APIs.
d. We may update this SwiftChat API Integration Terms without notice (unless such notice is required by law); by continuing to use the Bot APIs after such change, you consent to modified API Integration Terms.
e. If we terminate your account for violations of relevant terms or policies provided in this document and SwiftChat Business Terms of Service, we may prohibit you from all future use of Business Services released by us.