Terms & Conditions

Effective Date: 26th January, 2025

This Agreement is between you, the User (“you”), and SwiftDesk, a platform operated by SwiftDesk (hereinafter referred to as "SwiftDesk"). By using SwiftDesk services, you agree to the following Terms and Conditions, which govern your use of our Demand-Side Platform (DSP) services for digital advertising and lead generation.

1. Agreement Overview

By accessing SwiftDesk services, you agree to these Terms and Conditions. Users include Advertisers, Publishers, or other entities utilizing SwiftDesk. SwiftDesk may accept or reject any application for use of services at its discretion.

2. Definitions

• User: Any individual or entity using SwiftDesk services.
• Advertiser: An individual or agency promoting products or services through SwiftDesk.
• Publisher: Entities offering ad space to SwiftDesk for displaying ads.
• Content: Information or materials provided by the User for advertisements.
• Ads: Advertisements served on Publishers' sites through the SwiftDesk platform.
• Network: The network of sites and apps where ads are displayed through SwiftDesk.
• Service: Advertising services provided by SwiftDesk, including ad placements and lead generation.
• CPQL: Cost per Qualified Lead, a payment model where fees are based on qualified, verified leads delivered by SwiftDesk.
• Net Revenue: Revenue earned from ads displayed on Publishers’ sites, minus applicable deductions.

3. Terms of Use

This Agreement becomes effective upon acceptance and remains in force until terminated. Users agree to these terms by either clicking to accept them on the SwiftDesk interface or by using SwiftDesk services.

4. User Content and Responsibilities

Users are solely responsible for all Content provided for advertisements and must ensure it complies with applicable laws and regulations. Content must not promote anything illegal, harmful, or inappropriate. SwiftDesk reserves the right to reject or remove any Content that does not meet these standards.

5. User Obligations

Users must ensure:

• Secure access to their account.
• All activities comply with SwiftDesk guidelines.
• Timely reporting of any discrepancies in ad performance, within 30 days.
• Correct URLs and targeting for all ads.
• Publishers grant SwiftDesk the right to access, index, and store requests from their sites and apps for ad placement purposes.

6. Payments and Rates

CPQL Model: All services are provided on a CPQL (Cost per Qualified Lead) basis. Users are billed only for qualified, verified leads.

Publishers: Payment is based on Net Revenue, with a minimum payout threshold of $250. Payments are made within 60 days of the revenue determination.

Advertisers: Pre-payment is required for all services. Delayed payments may incur interest, and unpaid services will be suspended.

Rate Card: SwiftDesk may update its rate card at any time without prior notice.

7. Confidentiality

Users agree to keep all confidential information received from SwiftDesk private and secure, disclosing it only when legally required. Confidential information includes campaign details, technical data, and proprietary information related to SwiftDesk.

8. Termination of Agreement

SwiftDesk reserves the right to terminate this Agreement at any time. Users may terminate by providing two weeks’ notice. Upon termination, Users must cease using SwiftDesk services, and any remaining funds will be refunded after applicable deductions.

9. Warranty Disclaimer

SwiftDesk provides its services "as-is" and makes no guarantees regarding uninterrupted, error-free operation, or any specific return on investment. SwiftDesk is not liable for temporary service inaccessibility due to maintenance, technical issues, or other causes beyond its control.

10. Indemnity

Users agree to indemnify and hold SwiftDesk and its affiliates harmless against any claims arising from their use of the platform or any breach of this Agreement.

11. Force Majeure

SwiftDesk is not liable for delays or failures due to causes beyond its control, such as natural disasters, strikes, technical failures, or other events that prevent performance under this Agreement.

12. Limitation of Liability

SwiftDesk liability is limited to the amount received from the User in the three months prior to any claim. SwiftDesk is not liable for indirect, incidental, or consequential damages.

13. Governing Law

This Agreement is governed by the laws of India. All disputes will be resolved in the courts of Mumbai, India.

14. Website Usage and Content Guidelines

Users agree to use the SwiftDesk website lawfully, refraining from prohibited activities, including submitting harmful or offensive content, unauthorized access, or data scraping.

15. Notices

All notices to SwiftDesk must be sent in writing to SwiftDesk registered office or the User’s address on record. Notices may be delivered via hand, post, fax, or email.

Additional Terms

Changes to Terms: SwiftDesk reserves the right to modify these Terms and Conditions with notice to Users.

Severability: If any term is found unenforceable, the remaining terms will still apply.

Assignment: Users cannot assign this Agreement without SwiftDesk consent.

Survival of Provisions: Certain provisions, such as confidentiality and indemnity, survive after termination.