These Terms and Conditions govern your access to and use of Swokei, a software service operated by StudioIndex - F.Z.C (Registration Number: 43943) ("Swokei", "we", "us", or "our").
By creating an account, connecting a third-party service, or using Swokei, you agree to these Terms. If you do not agree, you must not use the service.
1. About Swokei
Swokei is a software platform that helps users analyze websites, generate automated outreach content, and use related workflow features, including integrations such as Google Sheets where available.
2. Eligibility
You must be at least 18 years old and legally able to enter into a binding agreement to use Swokei. If you use Swokei on behalf of a company or other entity, you confirm that you have authority to bind that entity to these Terms.
3. Your Account
You are responsible for maintaining the confidentiality of your login details and for all activity carried out through your account.
You agree to provide accurate information when registering and to keep your information up to date.
We may suspend or terminate your account if we reasonably believe you have violated these Terms, created risk for other users, or used the service in a fraudulent, abusive, or unlawful way.
4. Description of the Service
Swokei provides automated tools designed to help users:
- analyze websites and public web pages
- generate suggested outreach text and related content
- organize and process batches of websites or leads
- connect supported third-party tools and services
Swokei may update, improve, change, or remove features at any time.
5. Automated Output
Swokei uses automated systems to generate suggestions, comments, classifications, and outreach content.
You understand and agree that:
- generated output may be inaccurate, incomplete, generic, offensive, or unsuitable for your intended use
- you are solely responsible for reviewing, editing, approving, and using any generated output
- Swokei does not guarantee that generated output is correct, lawful, non-infringing, or effective for commercial use
You must use independent judgment before relying on any output.
6. Acceptable Use
You agree not to use Swokei:
- for unlawful, deceptive, fraudulent, or abusive activity
- to violate privacy, intellectual property, or other rights
- to send spam or unlawful marketing communications
- to scrape, harvest, or process data in violation of applicable law or platform terms
- to reverse engineer, interfere with, or disrupt the service
- to upload malicious code, viruses, or harmful content
- to attempt unauthorized access to any account, system, or data
Our Acceptable Use Policy forms part of these Terms and sets out these rules in more detail, including that Swokei may only be used to email businesses, not consumers.
We may investigate misuse and take appropriate action, including suspension or termination.
7. You Are the Sender: Lead Data and Marketing Law
Every email sent through Swokei is sent by you, from your own mailbox and in your name. Swokei provides the software; it does not decide whom you contact or what you send.
You are the controller of the personal data of your leads and contacts, including any you select from Swokei's business directory once you add them to your campaigns, and you are solely responsible for complying with the anti-spam, electronic marketing and data protection laws that apply to each recipient, in the recipient's country as well as your own. These include, for example, the US CAN-SPAM Act, Canada's Anti-Spam Legislation (CASL), the GDPR and UK GDPR, the ePrivacy rules and their national implementations such as the UK's PECR, Germany's Act Against Unfair Competition (UWG) and Norway's Marketing Control Act (markedsføringsloven).
You warrant that:
- you have a lawful basis, and where the law requires it the recipient's prior consent, for every lead you import or select and for every email you send
- you have given, or will give at the latest in your first email, the information that the law requires recipients to receive, including who you are, where you got their details and how to object
- you will honour every opt-out and objection promptly, will not contact that person again from any campaign or account, and will not re-import them
- your lead data was not purchased, rented or harvested in breach of the law or of any website's terms
Swokei may block or limit sending to countries or recipients where cold email requires the recipient's prior consent, and may pause any campaign that appears to break these rules. Swokei does not give legal advice; any guidance in the product, the help centre or the support chat is general information only.
8. Data Processing Agreement
Where Swokei processes personal data on your behalf, it does so as your processor under our Data Processing Agreement, which is incorporated into these Terms by reference and which you accept by accepting these Terms. It includes the EU Standard Contractual Clauses and the UK addendum for transfers outside the European Economic Area and the United Kingdom. The current list of sub-processors is on our sub-processors page. Our Privacy Policy explains how we handle your own account data.
9. Third-Party Services
Swokei may allow you to connect third-party services, such as Google services.
Your use of third-party services is subject to their own terms and privacy policies. We are not responsible for third-party products, platforms, or services.
If you connect a third-party account, you authorize us to access and process the data you choose to make available solely for the operation of the requested feature, subject to our Privacy Policy.
10. Fees, Billing, and Subscriptions
Certain parts of Swokei may be offered on a paid subscription or usage-based basis.
If you purchase a paid plan:
- you agree to pay all applicable fees, charges, and taxes
- recurring subscriptions renew automatically unless cancelled before the next billing date
- we may change pricing in the future, but changes will apply prospectively
- failure to pay may result in suspension, downgrade, or termination of paid features
Unless required by law, fees already paid are non-refundable.
11. Intellectual Property
Swokei and all related software, branding, design, text, graphics, interfaces, and platform content are owned by or licensed to StudioIndex - F.Z.C and are protected by applicable intellectual property laws.
We grant you a limited, non-exclusive, non-transferable, revocable right to use Swokei for your internal business use in accordance with these Terms.
You retain ownership of content and data you submit to the service, but you grant us a limited license to host, process, transmit, and use that content only as necessary to operate, secure, maintain, and improve Swokei.
12. Availability and Changes
We do not guarantee that Swokei will always be available, uninterrupted, secure, or error-free.
We may perform maintenance, make technical changes, suspend features, or discontinue parts of the service at any time.
13. Disclaimers
Swokei is provided on an "as is" and "as available" basis to the fullest extent permitted by law.
To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We do not guarantee any specific business result, reply rate, conversion rate, deliverability rate, revenue outcome, or commercial success from using Swokei.
14. Limitation of Liability
To the maximum extent permitted by law, Swokei, StudioIndex - F.Z.C, and its affiliates, officers, employees, and contractors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunities arising from or related to your use of the service.
To the maximum extent permitted by law, our total aggregate liability for any claim arising out of or related to Swokei will not exceed the amount you paid us for the service during the 12 months before the event giving rise to the claim, or USD 100 if you have not paid us anything.
15. Indemnity
You agree to defend, indemnify, and hold harmless StudioIndex - F.Z.C and its affiliates, officers, employees, and contractors from and against claims, liabilities, damages, losses, and expenses arising from:
- your use of Swokei
- your violation of these Terms
- your content, data, or output
- your violation of any law or third-party rights
- the emails you send through Swokei and the lead data you use, including claims by recipients and fines or orders of regulators
16. Termination
You may stop using Swokei at any time.
We may suspend or terminate your access immediately if you violate these Terms, create risk for us or others, fail to pay applicable fees, or where required for legal, regulatory, or security reasons.
Sections that by their nature should survive termination will continue to apply, including those relating to payment obligations, disclaimers, limitations of liability, intellectual property, and dispute terms.
17. Governing Law
These Terms are governed by the applicable laws of the United Arab Emirates, unless mandatory law in your country of residence requires otherwise.
Any dispute arising from these Terms will be subject to the competent courts determined under applicable law, unless a different mandatory consumer protection rule applies.
18. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we may provide notice through the service or by other reasonable means.
Your continued use of Swokei after updated Terms become effective means you accept the revised Terms.
19. Contact
If you have questions about these Terms, you may contact:
StudioIndex - F.Z.C
Registration Number: 43943
Email: [email protected]