Acceptance of These Terms
These Terms of Service (the “Terms”) form a binding agreement between Swift-E Recording Services LLC, a Florida limited liability company (“Swift-E,” “we,” “us”), and the person or entity that registers for or uses the Swift-E platform (“you,” “Client,” “Submitter”). By creating an account, checking the acceptance box at registration, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
If you accept these Terms on behalf of a company or other entity, you represent that you have authority to bind that entity, and “you” refers to that entity.
These Terms incorporate by reference the Swift-E Privacy Policy and the Swift-E Refund and Wallet Funds Policy, each as published at swifterecordingservices.com. Where these Terms conflict with the Refund Policy on the subject of refunds, the Refund Policy controls. Where they conflict with the Privacy Policy on the handling of personal information, the Privacy Policy controls.
Definitions
| Term | Meaning |
| Service | The Swift-E electronic recording platform, website, and related services. |
| Document | An instrument you upload for submission, together with its index data. |
| County | A Florida Clerk of the Circuit Court, County Recorder, or comparable recording office participating with Swift-E. |
| Official Records | The permanent public record maintained by a County under Chapter 28, Florida Statutes. |
| Submission | The transmission of a Document by Swift-E to a County at your direction. |
| Recording Fees | Statutory fees and documentary stamp or intangible taxes set by a County or the State of Florida. |
| Service Fee | Swift-E’s per-Document fee for transmitting a Submission. |
| Wallet | The prepaid account balance from which Service Fees and Recording Fees are debited. |
Eligibility and Account Registration
What the Service Is — and What It Is Not
Swift-E is a document transmission service. We format and electronically deliver Documents you provide to Counties you select, return County responses and recorded Documents to you, and administer the associated fees
SWIFT-E IS NOT A LAW FIRM, TITLE COMPANY, ABSTRACTOR, ESCROW AGENT, OR LICENSED PROFESSIONAL. WE DO NOT PROVIDE LEGAL ADVICE. NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED BY YOUR USE OF THE SERVICE. WE DO NOT REVIEW DOCUMENTS FOR LEGAL SUFFICIENCY, ACCURACY, VALIDITY, ENFORCEABILITY, OR FITNESS FOR ANY PURPOSE, AND WE DO NOT ADVISE ON WHETHER A DOCUMENT SHOULD BE RECORDED, WHEN, OR IN WHICH COUNTY.
Any validation, formatting check, fee estimate, or extraction the platform performs is a convenience feature only. It is not a legal review and must not be relied on as one. Questions about the content, effect, or timing of a Document should be directed to your own attorney.
We do not guarantee that any County will accept or record a Document. Acceptance is the County’s decision, made under its own rules and Florida law. A County’s rejection of a Document is not a failure of the Service.
Your Responsibilities as Submitter
You represent and warrant, for each Document you submit, that:
You are solely responsible for the content of every Document you submit and for the consequences of its recording. You must review every Document, and every field associated with it, before authorizing Submission.
County Rules, Cutoffs, and Processing Times
Time-Sensitive and Statutory Deadlines
MANY RECORDED INSTRUMENTS ARE SUBJECT TO STATUTORY DEADLINES AND PRIORITY RULES. A NOTICE OF COMMENCEMENT UNDER SECTION 713.13, FLORIDA STATUTES, A CLAIM OF LIEN, A NOTICE TO OWNER, AND OTHER INSTRUMENTS MAY LOSE LEGAL EFFECT, PRIORITY, OR ENFORCEABILITY IF NOT RECORDED BY A REQUIRED DATE OR IN A REQUIRED SEQUENCE. YOU ARE SOLELY RESPONSIBLE FOR KNOWING AND MEETING EVERY DEADLINE THAT APPLIES TO YOUR DOCUMENTS. SWIFT-E DOES NOT TRACK, CALCULATE, MONITOR, WARN OF, OR GUARANTEE COMPLIANCE WITH ANY DEADLINE.
Because Submission and recording depend on County systems, County business hours, and factors outside our control, you must not rely on the Service to record a Document on any particular day. Submit well in advance of any deadline and confirm recording before relying on it. If a Document is time-critical, consider recording it in person or by another method that does not depend on our systems or a County’s electronic queue.
Optional Automated Extraction
The Service offers an optional feature that uses optical character recognition and artificial intelligence to read a Document and propose index field values. This feature is provided for convenience only.
Section 14 and the Privacy Policy describe how Document content is processed by our service providers when you use this feature.
Fees, Wallet, and Payment
Prohibited Uses
You may not, and may not permit anyone else to:
We may report suspected fraudulent or unlawful Submissions to the affected County and to law enforcement, and may preserve and disclose records as required by law.
Your Content and Our Platform
You retain all rights in the Documents you submit. You grant Swift-E a limited, non-exclusive, royalty-free license to host, store, reproduce, convert, format, transmit, and display those Documents and their index data solely to provide the Service, to comply with law, and to maintain records. We do not use your Documents to train artificial intelligence models and do not sell or license them to third parties.
Swift-E owns all rights in the Service, including its software, interfaces, designs, documentation, trademarks, and the Swift-E name and marks. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes. No other rights are granted. Any feedback you provide may be used by us without obligation to you.
Third-Party Services
The Service depends on third parties, including cloud infrastructure and artificial intelligence services provided by Microsoft, payment processing provided by Stripe, email delivery, and the electronic recording systems operated by or for each County. Your use of the Service may be subject to those providers’ terms. We are not responsible for the acts, omissions, availability, errors, or security of any third party, including any County.
Electronic Records and Signatures
You consent to transact with us electronically. You agree that your electronic acceptance of these Terms, your electronic authorization of Submissions and payments, and the electronic records we maintain have the same legal effect as writings and signatures on paper, under the federal E-SIGN Act, the Uniform Electronic Transaction Act as adopted in Chapter 668, Part I, Florida Statutes, and Section 695.27, Florida Statutes. You may request paper copies of records by contacting us. You may withdraw consent to electronic transactions only by closing your account, because the Service cannot be provided otherwise.
Confidentiality and Privacy
Our handling of personal information is governed by the Privacy Policy. You acknowledge and agree that:
Disclaimers of Warranty
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWIFT-E DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT ANY SUBMISSION WILL BE TRANSMITTED, ACCEPTED, OR RECORDED BY ANY DEADLINE OR AT ALL; THAT FEE ESTIMATES OR EXTRACTED VALUES WILL BE ACCURATE; OR THAT COUNTY STATUS INFORMATION WILL BE COMPLETE OR CURRENT.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWIFT-E WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY. WITHOUT LIMITING THE FOREGOING, SWIFT-E WILL NOT BE LIABLE FOR ANY LOSS OF LIEN RIGHTS, LOSS OF RECORDING PRIORITY, MISSED STATUTORY OR CONTRACTUAL DEADLINE, DEFECT IN TITLE, FAILED OR DELAYED CLOSING, REJECTED OR DELAYED SUBMISSION, OR ANY CONSEQUENCE OF A COUNTY’S ACT, OMISSION, DELAY, ERROR, OR SYSTEM UNAVAILABILITY.
Aggregate cap. Swift-E’s total cumulative liability arising out of or relating to the Service and these Terms, on any theory of liability, will not exceed the greater of (a) the total Service Fees you paid to Swift-E in the [12] months immediately preceding the event giving rise to the claim, or (b) [$500]. Recording Fees remitted to a County are not “Service Fees” for this purpose.
These limitations apply even if a remedy fails of its essential purpose, and form an essential basis of the bargain. Some jurisdictions do not allow certain exclusions, in which case they apply to the fullest extent permitted.
Indemnification
You will defend, indemnify, and hold harmless Swift-E, its members, officers, employees, and contractors from and against any claim, demand, proceeding, loss, liability, damage, fine, penalty, cost, or expense (including reasonable attorneys’ fees) arising out of or relating to: (a) any Document you submit, including its content, accuracy, authenticity, authority, or the consequences of its recording or non-recording; (b) your breach of these Terms or any representation in Section 5; (c) your violation of law or of any County’s rules; (d) any claim by a third party named in a Document you submitted; or (e) use of your account, whether or not authorized by you. We will notify you of any claim and may participate in its defense with counsel of our choosing at our expense. You may not settle any claim in a manner that imposes obligation or admits fault on our part without our written consent.
Suspension and Termination
Force Majeure
Swift-E is not liable for any delay or failure in performance caused by circumstances beyond our reasonable control, including County system outages, County closures, changes in County rules or fees, acts of government, natural disasters, hurricanes and severe weather, power or telecommunications failures, cloud provider or payment processor outages, labor disruption, cyberattack, or war.
Dispute Resolution and Governing Law
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles.
Informal resolution first. Before filing any claim, you agree to contact us at the address in Section 23 and attempt in good faith to resolve the dispute for at least 30 days.
Limitations period. Any claim arising out of these Terms or the Service must be brought within [one] year after the claim accrues, or it is permanently barred, except where a shorter or longer period is required by law.
Changes to These Terms
We may modify these Terms. We will post the revised version with an updated effective date and, for material changes, provide notice to account holders by email or in-platform notice at least [15] days before they take effect. Continued use of the Service after the effective date constitutes acceptance. The version in effect at the time of a Submission governs that Submission. We maintain prior versions on request.
General Provisions
Contact
| Swift-E Recording Services LLC | [INSERT MAILING ADDRESS] |
| Email | customersupport@swifterecordingservices.com [CONFIRM] |
| Telephone | 561-764-3617 [CONFIRM] |
| Web | swifterecordingservices.com |