Swish is supplied to organisations and authorised business users. These terms should be read with the applicable proposal, order, package description, data-processing terms and any written service schedule.
1. Agreement and eligibility
These Terms form an agreement between Modern Synergy Limited, trading as Swish (company number 16859014) (“Swish”, “we”, “us”) and the organisation purchasing or using Swish (“Customer”, “you”). The person accepting must be at least 18 and authorised to bind the Customer.
Swish is intended for business and professional use, not personal consumer use. If you do not agree, do not access the service.
Contract documents
The contract consists of, in descending order of priority where inconsistent: (a) a signed or electronically accepted proposal/order; (b) any bespoke service schedule or data-processing agreement; (c) these Terms; and (d) published package descriptions and policies. A proposal snapshot records the package, price, discount, term and accepted legal version at the time of acceptance.
2. The service
Swish may provide CRM, pipelines, tasks, analytics, reporting, referrals, forms, lead intake, communications, integrations, billing, campaign attribution, automations and related tools according to the Customer’s package and enabled features.
Features described as planned, beta, preview, “when available” or dependent on third-party approval are not guaranteed until released and activated. We may improve or replace features where this does not materially reduce the core service purchased.
Swish is an operational and reporting tool. It does not provide clinical, legal, financial, regulatory or medical advice and must not be used as a substitute for professional judgement or the Customer’s practice-management/clinical record system unless expressly agreed.
3. Orders, fees and subscriptions
Prices, package, billing interval, minimum term, implementation, add-ons and discounts are set out in the accepted order or proposal. Fees exclude VAT unless stated otherwise. Advertising spend, third-party subscriptions, messaging charges and external service costs are excluded unless expressly included.
Subscriptions are charged through Stripe or an approved connected payment account. The Customer authorises recurring charges when accepting a subscription. Failed payments may result in retry, restricted access or suspension after reasonable notice.
Discounts apply only for the stated duration. The normal package price applies afterwards. A reseller’s promotional price does not alter Swish’s wholesale/platform charge where the reseller agreement fixes that charge by reference to the standard package price.
We may change standard prices by giving reasonable notice. A price change will normally apply from the next renewal after the notice period, subject to any fixed price or minimum term in the accepted order.
4. Renewal, cancellation and notice
Unless the order states otherwise, standalone Swish subscriptions renew monthly and require 30 days’ written notice to cancel. Cancellation takes effect at the end of the applicable paid period after the notice requirement has been met. No partial-month refund is due unless required by law or expressly agreed.
A minimum term, introductory discount or annual commitment remains binding for the period stated in the order. Cancellation does not remove amounts already due. Reseller platform charges stop in line with the underlying active customer subscription and final billing cycle.
To cancel, an authorised administrator should use the available subscription controls or email info@swish.click. We may require verification of authority.
5. Accounts, administrators and access
The Customer is responsible for the accuracy of account information, for appointing suitable Tenant and Practice Administrators, and for all authorised-user activity. Accounts must not be shared. Credentials must be protected and multi-factor authentication used where available.
Tenant Administrators can configure organisation-wide settings and integrations. Practice Administrators are normally scoped to assigned practices. The Customer must promptly remove leavers and inappropriate access. Platform Administrators may access tenants only for support, security, billing, compliance, agreed managed services or lawful administration.
6. Acceptable use
You must not use Swish to:
- break any law, professional rule, advertising requirement, privacy obligation or third-party term;
- send unlawful, misleading, discriminatory, harassing, spam or unsolicited communications;
- collect or process personal data without a valid lawful basis and required notice;
- upload malware, attempt unauthorised access, probe security, overload the service or bypass limits;
- copy, reverse-engineer, resell or exploit the platform except under an authorised reseller agreement;
- store payment-card security codes, passwords, full card data or information prohibited by our documentation;
- use automated tools or AI outputs without appropriate human review where decisions could significantly affect a person;
- misrepresent Swish, Modern Synergy or a connected platform.
We may investigate and restrict suspected misuse.
7. Customer, patient and lead data
The Customer retains its rights in Customer Data. The Customer grants us the limited right to host, process, transmit, back up and display it only to provide, secure and support Swish and comply with law.
The Customer is responsible for the lawfulness, accuracy, notices, permissions, clinical/professional obligations, retention settings and communications arising from Customer Data. Swish should not be treated as the sole clinical record. The Customer must maintain any records required in its primary clinical or practice-management system.
Where special-category or health information is processed, the Customer must identify an Article 6 lawful basis and an applicable Article 9 condition, and must limit access appropriately.
8. Integrations and connected platforms
Integrations operate only after an authorised user grants access or supplies credentials. The Customer authorises Swish to send and receive data through the selected connection and is responsible for permissions to the relevant Page, ad account, mailbox, form, spreadsheet, payment account or other asset.
Meta, Google, Stripe, Microsoft and other providers may change APIs, permissions, pricing, approval requirements, rate limits or availability. We do not control those services and cannot guarantee uninterrupted third-party functionality. The Customer must comply with their applicable terms.
Meta Platform Data is used only for the enabled Swish function and may not be sold or misused. A connected user can disconnect Meta, and data deletion can be requested through our public Data Deletion page.
9. Data protection
For Customer-controlled CRM data, the Customer is the controller and we are the processor unless the context requires otherwise. Each party will comply with applicable data protection law. Our Privacy Notice explains when we act as controller.
The Customer instructs us to process Customer Data to provide the service, support users, maintain security, manage backups, operate enabled integrations and comply with documented instructions. We will use personnel and subprocessors subject to confidentiality and appropriate safeguards.
If a separate data-processing agreement is required, it forms part of the contract. The Customer must respond to data-subject requests and regulatory duties; we will provide reasonable assistance relevant to our role.
10. Confidentiality
Each party will protect the other’s confidential information, use it only for the contract and disclose it only to people who need it and are bound by confidentiality. This does not cover information already lawful and public, independently developed, lawfully received from another source or required to be disclosed by law.
11. Security responsibilities
We use proportionate security controls, but the Customer remains responsible for secure devices, networks, user access, backups/export where needed and prompt reporting of incidents. The Customer must not disable security features or provide access to unauthorised persons.
We may take urgent protective action, including token revocation or temporary suspension, where reasonably necessary to protect customers, data or the platform.
12. Availability, maintenance and support
We aim to provide a reliable service but do not promise uninterrupted or error-free availability unless a separate service-level agreement says otherwise. Planned maintenance, emergency work, internet failures, third-party outages and events outside reasonable control may affect access.
Support is provided through the channels and hours applicable to the package. Customers must provide sufficient information to reproduce issues and cooperate with reasonable diagnostics.
13. Intellectual property
We and our licensors own Swish, its software, design, documentation, templates, analytics methods, trademarks and improvements. During an active subscription, we grant the Customer a limited, non-exclusive, non-transferable right to use Swish for its internal business operations and authorised client/reseller activity.
The Customer retains ownership of its branding and Customer Data. Feedback may be used to improve Swish without obligation, provided we do not identify the Customer publicly without permission.
14. Third-party services
Third-party services are governed by their own agreements. We are not responsible for their acts, omissions, security, decisions, suspensions, content or changes. Links do not constitute endorsement. The Customer is responsible for maintaining required external accounts and fees.
15. Suspension and termination
We may suspend access where payment is overdue, use presents a security or legal risk, the Customer materially breaches the contract, a third-party provider disables an essential connection, or continued service could harm others. Where practicable, we will explain the reason and allow a reasonable opportunity to remedy.
Either party may terminate for a material breach not remedied within a reasonable written cure period, or immediately for insolvency, fraud, serious unlawful use or an unremediable breach. On termination, access ends, outstanding fees become due and integrations may be disconnected.
Subject to law, payment and security, the Customer may request an export during the subscription or a reasonable period after termination. Data is then deleted or anonymised according to the Privacy Notice, processing terms and lawful retention requirements.
16. Warranties and disclaimers
We will provide the service with reasonable care and skill. Except as expressly stated, Swish is provided on an “as available” basis and we exclude implied warranties to the fullest extent permitted by law. We do not guarantee particular lead volumes, revenue, conversion, advertising performance, clinical outcomes or approval by any third-party platform.
17. Liability
Nothing limits liability that cannot lawfully be limited, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.
Subject to that, neither party is liable for indirect or consequential loss, loss of profit, revenue, goodwill, anticipated savings or business opportunity, or loss caused by the other party’s unlawful data, instructions, systems or third-party services.
Our total aggregate liability arising from the contract is limited to the fees paid or payable for the affected Swish service during the 12 months immediately before the event giving rise to the claim, unless an order expressly states a different cap. The Customer must take reasonable steps to mitigate loss.
The Customer will be responsible for claims and costs arising from its unlawful content, communications, lack of authority, breach of third-party rights or misuse of the service, except to the extent caused by our breach.
18. Changes to the service or terms
We may update these Terms for legal, security, operational or product reasons. We will publish the new version and give reasonable notice of material changes. Changes do not retrospectively alter a locked accepted proposal unless the proposal or law permits it.
19. General
Neither party is responsible for delay caused by events outside reasonable control. The Customer may not assign the contract without our written consent; we may assign it as part of a group reorganisation, financing, sale or transfer of the service, provided this does not materially reduce Customer rights.
Failure to enforce a right is not a waiver. If part of the contract is invalid, the remainder continues. No third party has rights under the Contracts (Rights of Third Parties) Act 1999 unless expressly stated.
The contract is governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction, subject to any mandatory law that applies.
20. Contact
Contract and support notices may be sent to info@swish.click and are treated as received when delivery is confirmed or, for email, when no delivery failure is reported.