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Terms of Service

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1. Introduction & Acceptance

These Terms of Service (“Terms”) govern your access to and use of the website at https://swingintel.com and all associated services (collectively, the “Service”) operated by Next Layer Digital Ltd, trading as SwingIntel, a company registered in England and Wales (company number 16932866), with its registered office at 71-75 Shelton Street, Covent Garden, London WC2H 9JQ (“we”, “us”, “our”).

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service. If you are using the Service on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms.

2. Service Description

SwingIntel is an AI visibility consultancy. We research how AI search agents — including ChatGPT, Perplexity, Claude, Gemini, Grok, and Microsoft Copilot — find, read, and describe a business, and we carry out corrective work based on what that research finds.

Services are provided under one of three engagement tiers, agreed with you before any work begins:

  • AI Visibility Research: We query AI platforms about your business and deliver the findings to your private client portal — what AI describes accurately, what it describes incorrectly, and where your business does not appear at all. An engagement may end here; the research and the report are yours to keep.
  • Research & Repair: Everything in AI Visibility Research, plus the corrective work. We prepare a Technical Roadmap and a Brand Roadmap, present them to you, and — once you accept them — carry out the accepted work ourselves across technical foundations, on-site and new content, off-site and brand presence, and entity data.
  • Ongoing Visibility: Research and repair on a recurring cycle. For each agreed cycle we re-run the research, review what has changed, and continue the corrective work as the AI platforms and your business change.

There is no self-serve purchase and no self-registration. Every engagement begins with a conversation, after which the scope, the tier, the deliverables, and the fees are agreed in writing before work begins.

As part of the research, your website’s publicly accessible content is analysed by multiple third-party AI platforms and data analysis services to assess AI search visibility, citation presence, and discoverability. We send only publicly accessible website content and business information to these services — no personal data (such as your name, email, or payment details) is shared with them.

Research findings are generated through automated analysis and live queries to third-party AI platforms. The research covers publicly accessible web pages only. We do not access pages that require authentication or are otherwise restricted. Repair and ongoing work reach beyond publicly accessible content only where you grant us access to your systems, and only within the scope agreed under section 9 (System Access).

Accessing your reports: Reports are delivered to your private client portal, accessible through modern web browsers (including Chrome, Firefox, Safari, and Edge), and as downloadable PDF files. An internet connection and a PDF-compatible reader or modern web browser are required to access your reports.

3. Eligibility

To use the Service, you must:

  • Be at least 18 years of age, or the age of legal majority in your jurisdiction if higher.
  • Be acting as an individual or on behalf of a business or other legal entity that you are authorised to represent.
  • Agree to and comply with these Terms in full.

By using the Service, you represent and warrant that you meet all of the above eligibility requirements.

4. Accounts

Accounts are created by us, not by you. There is no public sign-up. We create your account using the email address you have given us and send a link to that address so that you can set a password and reach your private client portal. Depending on how your engagement is arranged, we do this either once your payment is confirmed or once your report is ready.

You are responsible for:

  • Maintaining the confidentiality of your account credentials.
  • All activity that occurs under your account.
  • Providing and maintaining accurate, current, and complete contact information.
  • Notifying us immediately of any unauthorised access to or use of your account.

We reserve the right to suspend or terminate your account at any time if we reasonably believe that you have violated these Terms, engaged in fraudulent activity, or otherwise used the Service in a manner that is harmful to us, other users, or third parties.

5. Payment Terms

Fees are scoped and agreed in writing for each engagement before work begins. We do not publish a price list.

  • Payment is made against a Stripe payment link that we issue to you for the agreed engagement. We accept the payment methods supported by Stripe in your region. Bank transfer is available as an alternative on request.
  • All fees are quoted and charged in US Dollars (USD). Stripe, our payment processor, handles currency conversion for customers paying in other currencies. Exchange rates and any conversion fees are determined by Stripe and your card issuer.
  • Ongoing Visibility engagements are billed for each cycle on a recurring basis, at the fee and cycle length agreed in writing with you.
  • The fee agreed for an engagement or a cycle will not change during that engagement or cycle. Fees for any further engagement or cycle are agreed separately in writing before that work begins.
  • Next Layer Digital Ltd is not currently registered for Value Added Tax (VAT). All fees quoted are exclusive of VAT.

6. Service Delivery

  • Start of work: Research begins at a time agreed with you, after the engagement has been scoped and confirmed in writing. Work does not start automatically when a payment is received.
  • AI Visibility Research: Your report is produced and delivered to your private client portal. The time this takes depends on the scope of the engagement, including the number of pages and target markets covered.
  • Research & Repair: After your report is delivered, we prepare a Technical Roadmap and a Brand Roadmap and present them to you. Implementation begins only after you have accepted a roadmap, and covers the items you have accepted.
  • Ongoing Visibility: Research, review, and corrective work repeat for each agreed cycle, and a new report is delivered to your portal each cycle.
  • Notification: You will receive an email notification when your report is ready for review.
  • Access: Reports are accessible via your private client portal and available for PDF download.
  • Retention: We retain your reports indefinitely, meaning you can access them at any time. Should our retention policy change, we will provide reasonable notice.

7. Refunds & Cancellation

Your cancellation rights depend on whether you contract with us as a consumer or as a business. Both positions are set out below, followed by the refund position for each engagement tier.

If You Contract as a Consumer

If you contract with us as a consumer — that is, wholly or mainly outside your trade, business, craft, or profession — the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 give you the right to cancel within 14 days of the day the contract is made, without giving a reason.

Because every engagement is scoped individually and begins at a time agreed with you, we will ask you to confirm in writing whether you want work to begin during that 14-day period. Two consequences follow from that confirmation:

  • Services already supplied: If you ask us to begin during the 14-day period and then cancel within it, you must pay for the services we have supplied up to the point you tell us you are cancelling, in proportion to the engagement as a whole.
  • Reports and other digital content: If you give your express consent for a report to be delivered during the 14-day period, and acknowledge that you lose your right to cancel once delivery begins, the right to cancel no longer applies to that report once it has been delivered.

To cancel, tell us in writing at info@swingintel.com within the 14-day period. None of this affects your rights under the Consumer Rights Act 2015 if what we supply is faulty, not as described, or not carried out with reasonable skill and care.

If You Contract as a Business

Where you contract with us in the course of a business, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act 2015 do not apply. There is no statutory 14-day cancellation right. Cancellation and refunds are governed by these Terms and by the scope agreed in writing for your engagement.

Refunds by Engagement Tier

  • AI Visibility Research: Each research engagement produces a bespoke report individually created for your website using live AI queries across multiple providers, real-time data collection, and automated analysis. Because of the significant per-report production costs involved — including live queries to nine AI platforms, neural search testing, competitive benchmarking, and AI-generated strategic analysis — research fees are non-refundable once the report has been delivered. This applies whether delivery is to your private client portal, by email, or by PDF download.
  • Research & Repair: Fees for repair work already performed are non-refundable once work has begun on a roadmap you have accepted. Fees paid in advance for work that has not yet started are refundable.
  • Ongoing Visibility: The cycle currently in progress is non-refundable once it has started. Where notice of termination is given during a cycle, that cycle runs to completion and remains payable. Cycles that have been completed are not refunded.

Refund Policy

  • Service failure: If we fail to deliver a report due to a technical error on our side, you are entitled to a full refund of the fee paid for that report.
  • Quality concerns: If you believe your report does not accurately reflect your website's AI visibility, please contact us at info@swingintel.com within 30 days of delivery. We will first offer to re-run the research at no additional cost. If that does not resolve your concern, we will investigate further and, where appropriate, consider a partial or full refund.
  • Defective or not as described: If what we deliver is materially defective or not as described, please contact us at info@swingintel.com within 30 days of delivery. We will investigate and, where appropriate, issue a refund or re-deliver the work.
  • Your statutory rights: If you are a consumer in the United Kingdom, the Consumer Rights Act 2015 gives you the right to request a repair or replacement where the digital content we supply is faulty — meaning it is not of satisfactory quality, not fit for a particular purpose, or not as described. If a repair or replacement is not possible, not provided within a reasonable time, or would cause you significant inconvenience, you are entitled to a price reduction of up to 100% (i.e., a full refund). These statutory rights apply in addition to our refund policy above and are not affected by anything in these Terms.
  • Other cases: Refund requests outside the above categories are handled at our discretion. Please contact us with your engagement details and a description of the issue.

Where a refund is approved, it will be returned to the original payment method. Card refunds are processed via Stripe, and processing times depend on your card issuer and may take several business days.

8. Client Responsibilities

So that we can carry out the work agreed with you, you are responsible for:

  • Timely access and information: Providing the people, systems, materials, and information we need to carry out the agreed work, promptly and in a usable form.
  • Authority to instruct: Ensuring that the person who instructs us has authority to approve changes to your website, systems, and published content.
  • Roadmap review and acceptance: Reviewing each roadmap we present and confirming your acceptance in writing before implementation begins.
  • Your own backups: Taking and maintaining your own backups of any website, system, or content we are given access to, before work begins.

9. System Access

Repair and ongoing work may involve working inside systems that belong to you — for example a website, a hosting account, a content management system, or an analytics property. This section governs that access.

  • Your authority: By granting us access to a system, you warrant that you own that system or are otherwise authorised to grant that access, and that doing so does not breach any agreement you have with a third party.
  • Backups: You are responsible for taking and maintaining your own backups of any system before we begin work. We do not provide a backup service.
  • Scope of access: Our access is limited to the systems and the purposes agreed with you. We will not use it for any other purpose.
  • Skill and care: We carry out work inside your systems using reasonable skill and care. Where a change we have made causes a problem, we will attempt to roll that change back.
  • Revoking access: You may withdraw our access at any time, for any reason, by telling us or by removing the credentials you have issued. Withdrawing access may prevent us from completing work that has been agreed.
  • Liability: Our liability for changes made within your systems is subject to section 17 (Limitation of Liability).

10. Confidentiality

Each party may receive confidential information from the other during an engagement. Confidential information includes credentials and access details, information about systems and infrastructure, non-public business information, and unpublished research findings.

Each party agrees to keep the other’s confidential information confidential, to use it only for the purposes of the engagement, and not to disclose it to any third party except to those who need it in order to deliver the engagement and who are bound by equivalent obligations.

These obligations do not apply to information that is or becomes publicly available other than through a breach of these Terms, that was already lawfully known to the receiving party, or that must be disclosed by law or by a competent authority.

The obligations in this section survive the end of an engagement and the termination of these Terms.

11. Data Processing

Controller. We are the controller for the business contact details of the client staff we work with during an engagement — name, work email, and role. Our legal basis is our legitimate interests in running the engagement.

Processor. Where we encounter personal data inside your own systems — for example a content management system, analytics, or a database — during repair or ongoing work, you are the controller and we act as processor on your documented instructions. We do not use that data for our own purposes.

Data processing agreement. A data processing agreement is available on request.

How we handle personal data more generally is set out in our Privacy Policy.

12. Term & Termination

These Terms apply for as long as you use the Service or have an engagement with us.

  • Ongoing engagements: Either party may end an Ongoing Visibility engagement by giving the other 30 days’ written notice. The payment and refund position for the cycle in progress is set out in section 7 (Refunds & Cancellation).
  • Immediate termination: Either party may end an engagement immediately, by written notice, if the other party commits a material breach of these Terms, or becomes insolvent, enters administration or liquidation, or ceases to trade.
  • Your portal and past reports: Termination does not affect your access to your private client portal or to reports already delivered to you. That access is permanent, except where we suspend or terminate your account under section 4 (Accounts) or section 15 (Prohibited Conduct).
  • Credentials: When an engagement ends, however it ends, we withdraw from your systems and delete the credentials and access details you have given us. We do this within 30 days of the engagement ending, or immediately if you ask us to. You can also revoke them yourself at any time.
  • Survival: Sections that by their nature are intended to continue — including Confidentiality, Intellectual Property, Work Product & Ownership, Disclaimers, and Limitation of Liability — survive termination.

13. Intellectual Property

Your Reports and Content

The report we deliver to you is yours. You may use it within your business without limit, including sharing it with your staff, your agency, and your professional advisers.

You may not resell or publish your report, or make it available to a competitor of ours, without our written consent. See section 15 (Prohibited Conduct).

Our methodology, scoring system, and report templates remain ours, as set out below. Owning your report does not transfer them to you.

Our Intellectual Property

The scanning methodology, algorithms, scoring system, report templates, and all proprietary technology used to deliver the Service remain the exclusive intellectual property of Next Layer Digital Ltd. You may not reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying algorithms, or proprietary methods used by the Service.

Branding

The SwingIntel name, logo, and all associated branding are the property of Next Layer Digital Ltd. You may not use our branding without our prior written consent.

14. Work Product & Ownership

This section applies to the work we produce for you under a Research & Repair or Ongoing Visibility engagement.

  • Assignment to you: Content, code, markup, structured data, and configuration that we produce specifically for you under that engagement assign to you on payment in full for the work concerned. Until we have been paid in full, all rights in that work remain with us.
  • Our pre-existing intellectual property: Our scanning methodology, algorithms, scoring system, report templates, and research engine, together with anything we owned or developed before or outside your engagement, remain ours. Nothing in this section transfers them to you. Where our pre-existing intellectual property is embedded in work delivered to you, you may use it as part of that work.
  • Know-how: We remain free to use the general knowledge, skills, experience, and reusable techniques we acquire or apply in carrying out the work, provided that we do not disclose your confidential information.
  • Reports: Reports and the analysis they contain are not work product under this section and remain governed by section 13 (Intellectual Property).

15. Prohibited Conduct

When using the Service, you agree not to:

  • Use the Service for any unlawful purpose or in violation of any applicable laws or regulations.
  • Overload, disrupt, or interfere with the operation of our scanning infrastructure, servers, or networks.
  • Access the Service through automated means (bots, scrapers, or scripts) without our prior written permission.
  • Resell, redistribute, or commercially exploit reports or research data generated by the Service without our prior written consent.
  • Attempt to access the accounts, reports, or data of other users.
  • Provide false, misleading, or inaccurate information when using the Service, including submitting URLs you do not own or have authority over.

We reserve the right to suspend or terminate your access to the Service immediately if we determine, in our sole discretion, that you have engaged in any prohibited conduct.

16. Disclaimers

The Service is provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied, to the fullest extent permitted by law.

  • We do not guarantee that our recommendations, our roadmaps, or the repair work we carry out will produce improved visibility on any specific AI search platform, or any particular citation, traffic, or commercial outcome. AI search algorithms are controlled by third parties and are subject to change at any time without notice.
  • AI Readiness Scores and recommendations are based on our proprietary analysis at the time of the research and represent our assessment of best practices for AI search visibility. They are not definitive predictions of AI search performance.
  • AI-generated strategic analysis and insights included in your report are produced by artificial intelligence tools and should be reviewed by you to ensure suitability for your specific business context.
  • Roadmaps and repair work are based on the research findings and on the information you provide to us. Where the information you provide is incomplete or inaccurate, the work we carry out on the basis of it may be affected.
  • We are not responsible for the content of the websites you submit for research. We research only publicly available content and make no representations about the legality, accuracy, or quality of that content.

If you are a consumer in the United Kingdom, nothing in these Terms affects your statutory rights under the Consumer Rights Act 2015, including that digital content will be of satisfactory quality, fit for a particular purpose, and as described.

17. Limitation of Liability

To the maximum extent permitted by applicable law:

  • Our total aggregate liability to you for any claims arising out of or in connection with the Service shall not exceed the total amount you paid to us for the specific order giving rise to the claim.
  • This limit applies to every part of the Service, including research, roadmap preparation, implementation and repair work, ongoing work, and any change made within your own systems under section 9 (System Access).
  • We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill, whether arising in contract, tort, strict liability, or otherwise.
  • These limitations apply regardless of the legal theory upon which the claim is based, even if we have been advised of the possibility of such damages.

Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited under the laws of England and Wales.

18. Governing Law & Disputes

These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or in connection with these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of England and Wales.

If you are a consumer, you may also have the right to bring proceedings in the courts of your country of residence. Nothing in these Terms affects any mandatory consumer protection rights you may have under the laws of your country of residence.

Before initiating formal proceedings, we encourage you to contact us at info@swingintel.com to attempt to resolve any dispute informally. We will make reasonable efforts to address your concerns in good faith.

Under the Alternative Dispute Resolution for Consumer Disputes Regulations 2015, we are required to inform you about alternative dispute resolution. We are not obliged to participate in alternative dispute resolution through a certified ADR provider. However, if you wish to pursue alternative dispute resolution, you may contact the Centre for Effective Dispute Resolution (CEDR) at cedr.com. For complaints relating to data protection, you may contact the Information Commissioner’s Office (ICO) at ico.org.uk.

19. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by email (if we have your email address) or by posting a prominent notice on our website. The “Last updated” date at the top of this page will be revised accordingly.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

20. General

  • Entire agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Next Layer Digital Ltd with respect to the Service, and supersede all prior or contemporaneous communications and proposals, whether oral or written.
  • Severability: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
  • No waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by us to be effective.
  • Assignment: We may assign or transfer our rights and obligations under these Terms and will notify you of any such assignment or transfer. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
  • Force majeure: We shall not be liable for any delay or failure in performance resulting from causes outside our reasonable control.

21. Contact

If you have any questions about these Terms, please contact us:

  • Email: info@swingintel.com
  • Postal address: Next Layer Digital Ltd, trading as SwingIntel, 71-75 Shelton Street, Covent Garden, London WC2H 9JQ
  • Company number: 16932866