Terms of Service

These Terms form a binding agreement between SwishX and the individual or entity using the Services ("Customer," "you," or "your"). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case "you" refers to that entity. If an executed order form or master subscription agreement between you and SwishX conflicts with these Terms, the executed agreement controls for the subject matter it covers.

Content IQ is an agentic content platform that helps pharmaceutical and medtech commercial teams generate marketing and medical content (including video, interactive visual aids, email, static creative, and long-form documents) from a Brand Dossier and a brief, with claim referencing and MLR-oriented structuring built into the generation process. The Services may be updated, modified, or improved from time to time, and specific features may vary by plan.

You must be at least 18 years old and capable of forming a binding contract to use the Services. The Services are intended for business and professional use by pharmaceutical, medtech, and marketing-agency organizations and their authorized personnel, and are not directed at consumers or the general public.

To use the Services, you must register for an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us promptly at security@swishx.com of any unauthorized use of your account or any other security breach. Administrators of a Customer account may add, remove, or configure permissions for authorized users within that account, and SwishX is entitled to rely on instructions from a user reasonably believed to be an authorized administrator.

5.1 Subscription plans and usage credits

Access to the Services is provided on a subscription basis, which may combine a recurring platform access fee with usage-based credits consumed as you generate assets. Plan details, including included credits, overage rates, and seat limits, are set out in your order form or the pricing published at swishx.com.

5.2 Billing and renewal

Unless otherwise stated in your order form, subscriptions renew automatically for successive terms equal to the expiring term, at then-current pricing, unless either party gives notice of non-renewal in accordance with the notice period stated in your order form. You authorize us (or our payment processor) to charge your designated payment method for all applicable fees.

5.3 Taxes

Fees are exclusive of applicable taxes, levies, or duties, which you are responsible for paying, excluding taxes based on SwishX's net income.

5.4 Refunds and price changes

Except as required by law or expressly stated in your order form, fees are non-refundable. We may change our pricing prospectively upon reasonable notice, to take effect at your next renewal term.

We may offer a free trial of the Services. Trial accounts are provided "as is," may have reduced functionality or usage limits, and may be discontinued at any time without liability. Unless you cancel before the trial ends, we may require you to begin a paid subscription to continue using the Services, in accordance with the terms presented to you at trial sign-up.

"Customer Content" means the briefs, Brand Dossier materials, reference libraries, brand assets, and any other content you or your authorized users submit to the Services. As between you and SwishX, you retain all right, title, and interest in Customer Content. You grant SwishX a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, and display Customer Content solely as necessary to provide the Services to you and as otherwise permitted under these Terms and our Privacy Policy.

You represent and warrant that you have all necessary rights, consents, and permissions to submit Customer Content to the Services, including any rights, likeness, or consent clearances required to use a named individual's voice, image, or likeness (for example, in a Digital Twin Video), and that Customer Content does not infringe or violate any third party's rights.

"Generated Content" means the video, visual aid, email, document, or other output produced by the Services from your Customer Content and brief. Subject to your compliance with these Terms and payment of applicable fees, SwishX assigns to you all right, title, and interest in Generated Content that is uniquely generated from your Customer Content, excluding any SwishX pre-existing IP, templates, models, or underlying technology embedded within it, which SwishX and its licensors retain.

Because Content IQ is built on shared underlying models, templates, and components, similar prompts or briefs submitted by different customers may result in structurally similar outputs; SwishX does not guarantee that any Generated Content is unique or exclusive to you.

You agree not to use the Services to:

• Generate or disseminate content that makes claims inconsistent with an approved label or that you know to be false or misleading;
• Violate any applicable law or regulation, including FDA, FTC, or other advertising, promotional, or health-data regulations in your jurisdiction;
• Circumvent, bypass, or misrepresent your organization’s Medical, Legal, and Regulatory (MLR) review or approval requirements;
• Infringe or misappropriate any third party’s intellectual property, publicity, or privacy rights;
• Upload content you do not have the right to submit, including a named individual’s likeness or voice without valid consent;
• Reverse engineer, decompile, or attempt to extract the source code or underlying models of the Services, except to the extent such restriction is prohibited by law;
• Use the Services to build a competing product, or conduct competitive benchmarking without our prior written consent;
• Interfere with or disrupt the integrity or performance of the Services, or attempt to gain unauthorized access to them; or
• Use the Services in a manner that violates the rights of any third party or that could subject SwishX to liability.

We may suspend or terminate access to the Services for any use that we reasonably believe violates this Acceptable Use Policy.

Content IQ is designed to help Generated Content enter your organization's Medical, Legal, and Regulatory review process already carrying the claim references, fair balance, and safety information that reviewers look for. It is a drafting and production tool, not a substitute for your organization's own regulatory, medical, and legal judgment.

You are solely responsible for reviewing, approving, and ensuring the regulatory compliance of any Generated Content before it is published, distributed, or otherwise used, including compliance with FDA regulations (such as 21 CFR Part 202), FTC guidance, and any other applicable law in the jurisdictions where the content will be used. SwishX makes no representation or warranty that any Generated Content will be approved by your MLR committee or any regulatory authority, and SwishX is not responsible for your organization's decision to publish or distribute any Generated Content.

The Services may integrate with, or allow you to connect, third-party services such as Veeva Vault, cloud AI model providers, or other systems ("Third-Party Services"). Your use of any Third-Party Service is governed by that provider's own terms, and SwishX is not responsible for the availability, accuracy, or performance of Third-Party Services. We may enable or disable integrations with Third-Party Services at our discretion.

Except for Customer Content and Generated Content as described above, all right, title, and interest in and to the Services, including the underlying software, models, templates, designs, and all SwishX trademarks and logos, are and will remain the exclusive property of SwishX and its licensors. Nothing in these Terms grants you any right to use SwishX's trademarks or branding without our prior written consent. If you provide feedback or suggestions about the Services, we may use that feedback without obligation to you.

Each party agrees to protect the other party's confidential information with the same degree of care it uses for its own similar information, and no less than a reasonable degree of care, and not to disclose such information except to employees, contractors, and advisors who need to know it and are bound by confidentiality obligations, or as required by law. This obligation survives termination of these Terms.

Except as expressly stated in these Terms or an executed order form, the Services are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. SwishX does not warrant that the Services will be uninterrupted, error-free, or completely secure, or that Generated Content will be accurate, complete, or suitable for any particular regulatory, medical, or commercial purpose without human review.

To the maximum extent permitted by law, SwishX and its officers, employees, and licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Services, even if advised of the possibility of such damages. SwishX's total aggregate liability arising out of or related to these Terms will not exceed the fees paid by you to SwishX in the twelve (12) months preceding the event giving rise to the claim. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

You agree to indemnify, defend, and hold harmless SwishX and its officers, employees, and agents from and against any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your Customer Content or your use of Generated Content, including any regulatory, medical, or legal claim arising from its publication or distribution; (b) your violation of these Terms or applicable law; or (c) your violation of any third party's rights.

These Terms remain in effect for as long as you use the Services or for the term stated in your order form. Either party may terminate for the other party's uncured material breach upon 30 days' written notice, or immediately if we reasonably believe you have violated the Acceptable Use Policy. Upon termination, your right to access the Services ends, and we will make Customer Content available for export for a limited period as described in your order form or Data Processing Addendum, after which we may delete it in accordance with our data retention practices.

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of laws principles, except where local law of your jurisdiction mandatorily applies. Any dispute arising out of or relating to these Terms will be subject to the exclusive jurisdiction of the state and federal courts located in Delaware, and each party consents to personal jurisdiction there, unless an executed order form between you and SwishX specifies an alternative dispute resolution mechanism.

The Services may be subject to U.S. export control and economic sanctions laws. You represent that you are not located in, or a national or resident of, any country subject to a U.S. government embargo, and that you are not on any U.S. government restricted-party list. You agree not to export, re-export, or transfer the Services in violation of any applicable export control or sanctions law.

Neither party will be liable for any failure or delay in performance under these Terms to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, internet or utility failures, or governmental action.

We may update these Terms from time to time. If we make material changes, we will notify you by posting the updated Terms on this page with a revised "Last updated" date and, where appropriate, by notifying account administrators directly. Your continued use of the Services after the effective date of the updated Terms constitutes acceptance of the changes.

These Terms, together with any executed order form and our Privacy Policy, constitute the entire agreement between you and SwishX regarding the Services. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision will not be considered a waiver of that right or provision. You may not assign these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets. Notices under these Terms may be provided by email to the address associated with your account.

If you have questions about these Terms, please contact us at:

SwishX Legal Team
legal@swishx.com