Terms of Service

Last updated: July 10, 2026

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you," "your"), and Swytch BV, a company registered in the Netherlands ("Swytch," "we," "us," or "our"), concerning your access to and use of:

  • The https://getswytch.com website and any related websites (the "Site");
  • The Swytch distributed caching software, including the open-source nearcache and commercial binary distributions (the "Software");
  • The Swytch Cloud control plane and associated APIs (the "Cloud Service"); and
  • Any documentation, tools, SDKs, or other materials we make available

(collectively, the "Services").

We are registered in the Netherlands (KvK: 42061454) and have our registered office at Jacob Cabeliaustraat 8, Utrecht, 3554VG, Netherlands. Our VAT number is NL869530355B01.

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use the Services.

We reserve the right to modify these Terms at any time. We will notify you of material changes by updating the "Last updated" date above and, where practicable, by sending notice to the email address associated with your account. Your continued use of the Services after any such changes constitutes acceptance of the revised Terms.

The Services are intended for users who are at least 18 years of age. By using the Services, you represent that you meet this requirement.

2. Description of Services

Swytch provides distributed caching infrastructure software and a cloud-based control plane.

Swytch Software. The Swytch data plane is a distributed cache that can be deployed on-premises or in your own cloud infrastructure. Certain components of the Software are made available under open-source licenses (see Section 4).

Swytch Cloud. The Swytch Cloud control plane is a zero-knowledge coordination service. It acts as an optimization layer for Swytch clusters — helping nodes configure themselves, resolve the birthday paradox, and improve throughput. Swytch Cloud does not sit on the data path, cannot read your cached data, and is not a hosted database service. Enterprise customers may self-host the control plane; all other users connect to our hosted control plane.

Documentation and Tools. We provide documentation, SDKs, CLI tools, and related materials to support your use of the Software and Cloud Service.

3. Accounts and Registration

To access certain features of the Services, you may be required to create an account. You agree to:

  • Provide accurate, current, and complete registration information;
  • Maintain and promptly update your account information;
  • Keep your credentials confidential and not share them with third parties;
  • Accept responsibility for all activity under your account; and
  • Notify us immediately of any unauthorized use of your account.

We reserve the right to suspend or terminate accounts that we reasonably believe are in violation of these Terms, have been compromised, or are being used fraudulently.

4. Software Licensing

Open-Source Components. The Swytch nearcache and certain other components are released under the GNU Affero General Public License, version 3 (AGPL-3.0). Your use of those components is governed by the AGPL-3.0 license terms, which are available at https://www.gnu.org/licenses/agpl-3.0.html. In the event of any conflict between these Terms and the AGPL-3.0 with respect to open-source components, the AGPL-3.0 prevails.

Commercial License. For users who require a license without the obligations of the AGPL (for example, to use Swytch in proprietary systems without source disclosure), we offer commercial binary licenses. Commercial license terms are set forth in a separate agreement. Contact us at sales@getswytch.com for details.

Intellectual Property. Swytch, the Swytch logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Swytch BV or its affiliates. The underlying technology, including the Light Cone Consistency (LCC) protocol and the Clox eviction algorithm, is proprietary to Swytch BV and its licensors. Nothing in these Terms grants you any right, title, or interest in our trademarks or proprietary technology except as expressly stated.

5. Fees and Payment

Certain Services require payment. The Cloud Service operates on a pre-paid credit basis: you purchase credits in advance, and usage is deducted from your credit balance according to the pricing described on our pricing page or applicable order form. There are no recurring billing periods or automatic renewals, unless otherwise agreed in a separate enterprise agreement.

We accept payment via major credit cards (Visa, Mastercard, American Express), iDEAL, SEPA direct debit, and bank transfer for enterprise accounts. All payments are processed in Euros (EUR) unless otherwise agreed in writing.

If your credit balance is exhausted, we may suspend or limit access to paid features of the Services until additional credits are purchased. We will endeavor to notify you before your balance runs out. We reserve the right to adjust pricing with at least 30 days' notice before changes take effect; adjusted usage rates apply only to usage after the effective date.

All payment data is processed by our payment processor, Stripe. We do not store your full payment card details on our systems.

6. Cancellation and Refunds

Because the Cloud Service is pre-paid, there are no recurring subscriptions or billing periods to cancel. You may stop using the Services and close your account at any time through your account dashboard or by contacting us at support@getswytch.com.

Refund of unused credits. You are entitled to a refund of the unused portion of your pre-paid credit balance at any time, upon request or upon closure of your account. Credits already consumed by usage are not refundable. Refunds are issued to the original payment method where possible.

EU Right of Withdrawal (Consumers). If you are a consumer resident in the European Union, you have a statutory right to withdraw from a distance contract within fourteen (14) days without giving any reason. Our refund policy is at least as favorable: unused credits are refundable at any time, not only during the withdrawal period. By purchasing credits and using the Services immediately, you expressly consent to immediate performance and acknowledge that credits consumed by usage before withdrawal are not refundable.

If you are an enterprise customer operating under a separate agreement, the cancellation and refund terms of that agreement govern.

7. Acceptable Use Policy

You agree not to use the Services to:

  • Violate any applicable law, regulation, or third-party right;
  • Distribute malware, viruses, or other harmful code;
  • Attempt to gain unauthorized access to our systems, other users' accounts, or any connected networks;
  • Interfere with or disrupt the integrity or performance of the Services or the infrastructure on which they operate;
  • Reverse-engineer, decompile, or disassemble any portion of the Services, except to the extent expressly permitted by applicable law or the AGPL-3.0 for open-source components;
  • Use the Services to build a competing product or service;
  • Benchmark, load-test, or stress-test the hosted Cloud Service, or publish benchmark results involving the hosted Cloud Service, without our prior written consent. The hosted control plane runs on shared, multi-tenant infrastructure: results obtained against it do not reflect the performance of dedicated deployments, and synthetic load generation degrades service for other users. For clarity, this restriction does not prevent you from benchmarking Swytch software deployed on your own infrastructure; open-source components are governed by their applicable license terms;
  • Use the Services in any manner that could damage, disable, overburden, or impair our servers or networks;
  • Resell, sublicense, or redistribute access to the Cloud Service without our prior written consent; or
  • Use the Services to store, cache, or transmit content that is unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable.

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your access to the Services.

8. Service Availability and Support

We aim to provide reliable access to the Cloud Service, but we do not guarantee uninterrupted availability. We may perform scheduled maintenance, and we will endeavor to provide advance notice of planned downtime.

For customers operating under a Service Level Agreement (SLA), the terms of that SLA govern availability commitments and remedies. SLA terms are available upon request for eligible plans.

We provide support through the channels described on our website. Response times and support scope depend on your plan or support tier.

9. Data and Security

Your Data. You retain all rights to the data you process through the Services. We do not claim ownership of your data.

Zero-Knowledge Architecture. The Swytch Cloud control plane is designed with a zero-knowledge architecture. The control plane coordinates cluster behavior without the ability to read the contents of your cache: where cached data is handled or stored by the Cloud Service, it is encrypted with keys that only you control, and we cannot decrypt it.

Security Measures. We implement industry-standard technical and organizational security measures, including mTLS encryption, to protect the Services and any data we process. However, no system is perfectly secure, and we cannot guarantee absolute security.

Data Processing. To the extent we process personal data on your behalf, we will enter into a Data Processing Agreement (DPA) as required by applicable data protection law. Our standard DPA is available upon request.

Backups and Data Loss. You are solely responsible for maintaining backups of your data. We are not liable for any loss or corruption of data processed through the Services.

10. Third-Party Services

The Services may integrate with or contain links to third-party services (for example, cloud infrastructure providers, monitoring tools, or payment processors). We do not control and are not responsible for the content, privacy policies, or practices of third-party services. Your use of third-party services is at your own risk and subject to the terms of those services.

11. Feedback and Suggestions

If you provide us with feedback, suggestions, or ideas regarding the Services ("Feedback"), you grant us a non-exclusive, worldwide, royalty-free, irrevocable, perpetual license to use, modify, and incorporate that Feedback into the Services without obligation to you. This does not apply to contributions made under open-source licenses, which are governed by the applicable license terms.

12. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE DO NOT MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF RESULTS OBTAINED THROUGH USE OF THE SERVICES.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SWYTCH BV, ITS DIRECTORS, EMPLOYEES, PARTNERS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED EUROS (€100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF SUCH LAWS APPLY TO YOU, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

14. Indemnification

You agree to indemnify, defend, and hold harmless Swytch BV and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any third-party right, including intellectual property rights; or (d) your data or content processed through the Services.

15. Term and Termination

These Terms remain in effect for as long as you use the Services. We may suspend or terminate your access to the Services at any time, with or without cause, upon reasonable notice. If we terminate your access for cause (such as a material breach of these Terms), we may do so immediately without prior notice.

Upon termination, your right to use the Services ceases immediately. We will refund any unused pre-paid credit balance upon termination, except where the credits were obtained fraudulently. Sections that by their nature should survive termination (including Sections 4, 11, 12, 13, 14, and 17–19) will survive.

If you are an enterprise customer, the termination provisions of your separate agreement take precedence over this section.

16. Modifications to the Services

We reserve the right to modify, suspend, or discontinue any part of the Services at any time. We will provide reasonable notice of material changes. We are not liable for any modification, suspension, or discontinuance of the Services.

17. Governing Law

These Terms are governed by and construed in accordance with the laws of the Netherlands, without regard to conflict-of-law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

If you are a consumer resident in the European Union, you additionally benefit from the mandatory protections of the consumer protection laws of your country of residence.

18. Dispute Resolution

Informal Resolution. Before initiating formal proceedings, both parties agree to attempt to resolve any dispute informally for at least thirty (30) days after one party notifies the other in writing.

Jurisdiction. If informal resolution is unsuccessful, any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of Utrecht, the Netherlands. If you are a consumer within the EU, you may also bring proceedings in the courts of your country of residence.

Arbitration (Enterprise). Enterprise customers operating under a separate agreement may be subject to alternative dispute resolution mechanisms as specified in that agreement.

19. General Provisions

Entire Agreement. These Terms, together with our Privacy Policy and any applicable order forms, SLAs, or DPAs, constitute the entire agreement between you and Swytch BV regarding the Services.

Severability. If any provision of these Terms is held to be unenforceable, that provision shall be modified to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

Waiver. Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

Assignment. We may assign our rights and obligations under these Terms without restriction. You may not assign your rights or obligations without our prior written consent.

Force Majeure. We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, pandemics, strikes, government actions, or infrastructure failures.

No Agency. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Swytch BV.

20. Contact Us

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

Swytch BV Jacob Cabeliaustraat 8 Utrecht, 3554VG Netherlands

Email: support@getswytch.com Website: https://getswytch.com