Terms of Service — SwardOps
Effective 18 June 2026. By creating a SwardOps account you agree to these Terms, together with the Data Processing Agreement and Privacy Policy referenced below. The Customer's details are completed on acceptance at sign-up.
1. Who we are and what these Terms cover
1.1 These Terms of Service ("Terms") are a legal agreement between Fix My Pitch Ltd, a company registered in England and Wales (company number 16902430), whose registered office is at 1 Jesse Green, Olney, Milton Keynes, England, MK46 4FU ("Fix My Pitch", "we", "us", "our"), the owner and operator of the SwardOps platform, and the business or individual that registers for or uses SwardOps ("you", "the Customer").
1.2 SwardOps is software for grounds-maintenance and field-service businesses to run their operation — managing their own customers, sites, staff, rounds, visits, quotes, invoices, payments and related records (the "Service").
1.3 By creating an account, clicking to accept these Terms, or using the Service, you agree to these Terms. If you are accepting on behalf of a business, you confirm you are authorised to bind that business, and "you" means that business.
1.4 These Terms incorporate, and should be read together with, our Data Processing Agreement (DPA) and Privacy Policy, each of which forms part of this agreement. Together these are the "Agreement". On data-protection matters, the DPA prevails over these Terms.
2. Definitions
2.1 "Customer Data" means all data, records and content you or your authorised users enter into, upload to, or generate within the Service — including records about your own customers, contacts, sites, staff, jobs, visits, quotes, invoices, payments and financial figures.
2.2 "Authorised Users" means the people you permit to use the Service under your account (e.g. your office staff and crew).
2.3 "Subscription" means your paid (or trial) plan giving access to the Service.
2.4 "Sub-processor" and data-protection terms have the meanings given in the DPA.
3. Your account
3.1 You must provide accurate registration details and keep them up to date.
3.2 You are responsible for all activity under your account, for your Authorised Users' compliance with these Terms, and for keeping login credentials secure. We strongly recommend enabling two-factor authentication for office accounts.
3.3 You must notify us promptly of any unauthorised use of your account or any security concern.
3.4 You are responsible for the acts and omissions of your Authorised Users as if they were your own.
4. The Service and licence
4.1 Subject to the Agreement and payment of applicable fees, we grant you a non-exclusive, non-transferable, revocable right to access and use the Service for your own internal business purposes for the duration of your Subscription.
4.2 We may improve, change or remove features of the Service over time. We will not make changes that materially reduce core functionality without reasonable notice.
4.3 We may set fair-use or technical limits (for example on storage, message volume or request rates) and will act reasonably in doing so.
5. Acceptable use
5.1 You must not, and must not permit any Authorised User or third party to:
(a) use the Service unlawfully, or to store or transmit unlawful, infringing or harmful content;
(b) use the Service to send unsolicited marketing in breach of the Privacy and Electronic Communications Regulations 2003 or other applicable law;
(c) upload special-category personal data (e.g. health, biometric or racial/ethnic data) — the Service is not designed for it;
(d) copy, modify, reverse-engineer, decompile or attempt to extract the source code of the Service, except to the extent this restriction is prohibited by law;
(e) resell, sublicense, rent or provide the Service to third parties as a bureau or commercial service, except as expressly permitted;
(f) probe, scan, circumvent or test the security of the Service without our prior written consent, or attempt to access another business's data;
(g) introduce malware, or use the Service in a way that damages, disables or impairs it or interferes with other users.
5.2 We may suspend access where we reasonably believe these Acceptable Use rules have been breached, where there is a security risk, or where required by law — acting proportionately and, where practicable, with notice.
6. Customer Data — ownership, confidentiality and what we can see
6.1 You own your data. As between you and us, you own all Customer Data, and you are responsible for its accuracy, quality and legality. We claim no ownership of it.
6.2 You control it; we process it for you. You are the data controller for the personal data within your Customer Data, and Fix My Pitch is your processor. We process Customer Data only to provide, maintain, secure and support the Service, and on your instructions, as set out in the DPA.
6.3 Your data is isolated from other businesses. Each business's data is logically separated and protected by per-business access controls (row-level security). No other SwardOps customer can see your customers, sites, financial figures or any other Customer Data.
6.4 We do not exploit your data. We do not sell your Customer Data, do not use it for advertising, and do not disclose it to any third party — except (i) the Sub-processors needed to operate the Service, listed in the DPA; (ii) where you direct us to (e.g. connecting your own Stripe, Xero or GoCardless account); or (iii) where required by law.
6.5 Our administration console cannot see your business detail. The SwardOps platform owner/administration console is technically restricted so that we cannot view your customers, your sites, or your monetary/financial figures through it. Our visibility through that console is limited to operational metadata needed to run the platform (such as account, plan and billing status).
6.6 Operational access is limited and controlled. Because we operate the underlying systems, a small number of authorised Fix My Pitch personnel can technically access Customer Data where strictly necessary to host, maintain, secure, back up, troubleshoot or support the Service. Such access is on a least-privilege, need-to-know basis, by staff bound by confidentiality, and only as permitted by the DPA. We do not access your Customer Data for any other purpose.
6.7 Confidentiality. Each party will keep the other's confidential information confidential and use it only for the Agreement. Customer Data is your confidential information.
6.8 Aggregated/anonymised data. We may generate and use aggregated, de-identified statistics that do not identify you, your customers or any individual (e.g. to monitor performance and improve the Service). This data does not reveal Customer Data.
7. Third-party integrations and payments
7.1 The Service can connect to third-party services you choose to enable — including Stripe (card payments), GoCardless (Direct Debit) and Xero (accounting). These are provided by third parties under their own terms, using your own accounts with them.
7.2 Where you collect payment from your customers through Stripe or GoCardless, those funds flow to your connected account. Fix My Pitch is not a party to, and does not hold, process or have any claim to, those funds, and is not the merchant of record for your transactions.
7.3 We are not responsible for third-party services, their availability, fees, or their acts and omissions. Your use of them is governed by your agreement with the relevant provider.
7.4 You are responsible for your own tax, invoicing accuracy and regulatory obligations in respect of your business and your customers.
8. Fees, billing and trials
8.1 Trial. Where offered, free trials run for the stated period and may be withdrawn or changed. At the end of a trial, a paid Subscription is required to continue using the Service.
8.2 Fees. Subscription fees, billing frequency and any per-seat or usage charges are as set out on our pricing page or in your order at sign-up. Unless stated otherwise, fees are in pounds sterling and exclusive of VAT, which is added where applicable.
8.3 Payment. Subscriptions are billed in advance through our payment provider. You authorise us (via that provider) to charge your chosen payment method for all fees due. You must keep a valid payment method on file.
8.4 Late or failed payment. If payment fails or is overdue, we may retry collection and, after reasonable notice, suspend or restrict access until amounts are paid. Persistent non-payment is a material breach.
8.5 Price changes. We may change fees for future billing periods on at least 30 days' notice. If you do not accept a change, you may cancel before it takes effect; continued use after it takes effect is acceptance.
8.6 No refunds. Except where required by law, fees already paid are non-refundable, including for partial periods after cancellation.
9. Intellectual property
9.1 The Service, the SwardOps platform, and all software, designs, branding, text and other materials we provide (excluding Customer Data) are owned by or licensed to Fix My Pitch and protected by intellectual property laws. Nothing in the Agreement transfers any of these rights to you beyond the licence in clause 4.
9.2 If you give us feedback or suggestions, we may use them without restriction or obligation to you.
9.3 The "SwardOps" and "Fix My Pitch" names and logos are our trade marks and may not be used without our prior written consent.
10. Availability and support
10.1 We will use reasonable endeavours to keep the Service available and to provide support during normal business hours, but the Service is provided on an "as available" basis. We do not guarantee uninterrupted or error-free operation.
10.2 We may carry out maintenance and will try to schedule planned downtime to minimise disruption.
10.3 We rely on third-party infrastructure (e.g. hosting providers) and are not liable for outages caused by those providers beyond our reasonable control.
11. Warranties and disclaimers
11.1 Each party warrants it has the authority to enter into the Agreement.
11.2 Except as expressly stated in the Agreement, and to the fullest extent permitted by law, the Service is provided without warranties of any kind, whether express or implied, including any implied warranties of satisfactory quality, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will meet your specific requirements.
11.3 You are responsible for keeping your own records as you require and for verifying outputs (such as quotes, invoices and financial figures) before relying on them. The Service is a tool to assist your business, not a substitute for your own professional, accounting or legal judgement.
12. Limitation of liability
12.1 Nothing in the Agreement limits or excludes either party's liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or any liability that cannot be limited or excluded by law.
12.2 Subject to clause 12.1, neither party is liable to the other for any: loss of profit, revenue, business, contracts or anticipated savings; loss of goodwill; loss or corruption of data beyond our obligations in the DPA; or any indirect or consequential loss — in each case whether arising in contract, tort (including negligence) or otherwise, even if the loss was foreseeable.
12.3 Subject to clauses 12.1 and 12.2, each party's total aggregate liability arising out of or in connection with the Agreement (including the DPA), whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed £2,000 (two thousand pounds).
13. Indemnity
13.1 You will indemnify us against losses, damages and reasonable costs we incur arising from: (a) your or your Authorised Users' breach of the Agreement; (b) your unlawful use of the Service; (c) Customer Data, including any claim that it infringes a third party's rights or that you lacked a lawful basis to process it; and (d) claims by your own customers or staff relating to your business, save to the extent caused by our breach of the Agreement.
14. Suspension and termination
14.1 You may cancel your Subscription at any time, effective at the end of the current billing period, via your account or by contacting us.
14.2 We may suspend or terminate the Agreement on notice if you materially breach it (including non-payment) and do not remedy the breach within 14 days of being asked, or immediately where the breach is incapable of remedy or where required by law.
14.3 On termination: your right to use the Service ends; outstanding fees fall due.
14.4 Your data on exit. Before, or for a limited period after, termination you may export your Customer Data using the export tools in the Service. After that period, we will delete or anonymise Customer Data in accordance with the DPA and our retention practices, except where we must retain certain records (e.g. anonymised financial records for statutory tax-retention periods, and routine backups which expire on their normal cycle within 30 days).
14.5 Clauses that by their nature should survive termination (including clauses 6, 9, 11, 12, 13, 15 and 16) survive.
15. Changes to these Terms
15.1 We may update these Terms to reflect changes in the Service, our business, or the law. For material changes we will give reasonable notice (e.g. by email or in-app). Continued use after the changes take effect is acceptance. If you do not accept a material change, your remedy is to stop using and cancel the Service before it takes effect.
16. General
16.1 Governing law and jurisdiction. The Agreement is governed by the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
16.2 Entire agreement. The Agreement is the entire agreement between the parties on its subject matter and supersedes prior discussions. Neither party relies on any statement not set out in the Agreement (but nothing limits liability for fraud).
16.3 Assignment. You may not assign or transfer the Agreement without our consent. We may assign it to a group company or in connection with a reorganisation or sale of our business, on notice to you.
16.4 Force majeure. Neither party is liable for failure or delay caused by events beyond its reasonable control.
16.5 No waiver. A failure to enforce a term is not a waiver of it.
16.6 Severance. If any provision is found invalid or unenforceable, the rest remain in force and the provision is modified to the minimum extent needed to make it valid.
16.7 No partnership. Nothing in the Agreement creates a partnership, agency or employment relationship between the parties.
16.8 Notices. We may give notices by email to your account address or in-app. You may contact us at support@swardops.com.
16.9 Third parties. Except as expressly stated, a person who is not a party has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce the Agreement.
Accepted by the Customer (electronically, on account creation): name, business and date captured at sign-up.
Fix My Pitch Ltd, operator of SwardOps — company number 16902430, 1 Jesse Green, Olney, Milton Keynes, England, MK46 4FU.