(Version 1.0 Effective September 1, 2026)
This policy is published by Swiftly Systems, Inc. (“Swiftly”) and is incorporated by reference into the reseller, wholesale-channel, or distribution agreement (the “Channel Agreement”) between Swiftly and an authorized reseller (the “Reseller”), and applies to the Reseller and to every retailer the Reseller enrolls (each, a “Retailer”). Capitalized terms not defined here have the meanings given in the Channel Agreement.
The Reseller is responsible for the acts and omissions of its Retailers under this policy. Where a Retailer accepts Swiftly’s End User Terms, equivalent restrictions apply to it directly under those terms; where it does not, the Reseller is responsible for that Retailer’s compliance as if it were the Reseller’s own.
1. Restrictions on the Swiftly Technology
Neither the Reseller nor any Retailer may:
• make the Swiftly Technology available to anyone other than a Retailer and its authorized users, as contemplated by the Channel Agreement;
• sell, resell, rent, lease, or otherwise commercialize the Swiftly Technology except as the Channel Agreement expressly authorizes, or make it available to any third party as a service;
• knowingly use the Swiftly Technology to store or transmit infringing, libelous, or otherwise unlawful material, or material that violates third-party privacy rights;
• intentionally interfere with or disrupt the integrity or performance of the Swiftly Technology or any data in it;
• attempt to gain unauthorized access to the Swiftly Technology or related systems or networks;
• defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any protection mechanism in the Swiftly Technology;
• modify, alter, tamper with, or create derivative works of the Swiftly Technology;
• decompile, disassemble, or reverse engineer the Swiftly Technology, or attempt to discover or extract any model, model weight, source code, algorithm, prompt, or training methodology underlying it;
• use the Swiftly Technology to process the data of anyone who is not the Reseller or a Retailer;
• use the Swiftly Technology or any Output to develop, train, improve, benchmark, or evaluate a competing or substantially similar product, service, model, or artificial intelligence system;
• use the Swiftly Technology in violation of any applicable law or regulation, including privacy laws and United States export control laws; or
• permit or assist any other person or entity to do any of the foregoing.
2. Restrictions on content and Output
Neither the Reseller nor any Retailer may, directly or indirectly, and neither will authorize or encourage any third party to:
• use, post, or promote the Swiftly Technology, any Output, or any content supplied to the Solutions in association with material that is, or that may reasonably be considered to be, illegal, unlawful, or infringing under applicable law, pornographic, obscene, promotional of illicit drugs or drug paraphernalia, gambling-related, weapon- or ammunition-related, violent, libelous, defamatory, indecent, invasive of privacy, abusive, threatening, or discriminatory, or in breach of any third party’s rights, or that lacks any necessary authorization, approval, consent, or license;
• engage in any action or practice that disparages or devalues Swiftly or the Swiftly Technology, or their reliability, reputation, or goodwill;
• modify, alter, tamper with, bypass, or reorder any aspect of the Swiftly Technology; or
• copy, crawl, index, cache, or store any information of or derived by Swiftly, other than Output.
3. Prohibited inputs
Neither the Reseller nor any Retailer may submit to a Solution:
• personal information other than the categories of data contemplated by the applicable data-feed specification;
• protected health information subject to HIPAA, payment card data subject to PCI DSS, government-issued identification numbers, biometric identifiers, precise geolocation of individuals, or information concerning any individual known to be under the age of sixteen; or
• any third party’s confidential information, or materials the submitting party does not have the right to provide.
4. No consequential decisions about individuals
The Solutions are intended for the generation and optimization of promotional and merchandising content and related analytics. Neither the Reseller nor any Retailer may use a Solution or any Output as the basis for a decision regarding an individual’s eligibility for or access to employment, credit, housing, insurance, education, healthcare, or any other consequential decision regarding a natural person, or in any manner that would cause Swiftly to be deemed a developer or deployer of a high-risk artificial intelligence system under applicable law.
5. Review of Output before publication
Output is generated by automated means and may be inaccurate or incomplete. No Output may be published, printed, distributed, transmitted, or otherwise used externally until the Retailer for which it was generated has reviewed and approved it, including verification of item descriptions, prices, offer terms, effective dates, disclaimers, and compliance with all laws applicable to advertising and promotion, including those governing pricing accuracy, unit and item pricing, and the advertising of alcohol, tobacco, and pharmacy products. Where the Reseller performs content administration on a Retailer’s behalf, it does so on that Retailer’s instructions and the Retailer’s approval is still required.
6. Enforcement
Where a violation of this policy is not cured within thirty (30) days after written notice from Swiftly, or immediately in the case of a violation that presents an imminent risk to the security or integrity of the Swiftly Technology or the data of another customer or that involves unlawful content, Swiftly may suspend or disable the affected Retailer under the Channel Agreement and, where the Reseller itself is the violating party, may terminate the affected Services Schedule in accordance with the Channel Agreement.
Swiftly will consult the Reseller before suspending or disabling a Retailer, except where the violation presents an imminent risk to the security or integrity of the Swiftly Technology or the data of another customer, or involves unlawful content.
7. Changes to this policy
Swiftly may update this policy from time to time and will give the Reseller at least thirty (30) days’ written notice before a change takes effect. Swiftly will not make a change that materially increases the Reseller’s or a Retailer’s obligations during the then-current term without the Reseller’s written consent. Swiftly will keep the version in effect on the date of a Channel Agreement, and each later version, available to the Reseller on request.