Last Updated: April 2026

PLEASE READ THESE TERMS CAREFULLY. BY CLICKING “I ACCEPT,” COMPLETING A PURCHASE, OR ACCESSING THE SKYLARK SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTION 13. IF YOU ARE ACCEPTING ON BEHALF OF A COMPANY OR OTHER ENTITY, YOU REPRESENT THAT YOU HAVE AUTHORITY TO BIND THAT ENTITY. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICE.

1- The Service

Swift Navigation, Inc. (“Swift,” “we,” “us“) provides the Skylark precise positioning service (“Service“) as described in your purchase confirmation, which may specify certain details, including coverage area and subscription term (“Subscription Details“). These Terms, together with your Subscription Details and DPA at https://www.swiftnav.com/DPA (“DPA”), are the entire agreement between you and Swift regarding the Service.

2- License and Restrictions

Subject to your timely payment and compliance with these Terms, Swift grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service solely for your own internal business purposes during your subscription term. Each subscription is tied to one device and one account. You may not share, transfer, or make your account credentials available to any other person or device.

You may not: (a) sublicense, resell, or distribute the Service; (b) reverse engineer, decompile, or attempt to derive the source code or underlying algorithms of the Service; (c) modify or create derivative works of the Service; (d) use the Service to build a competing product; (e) interfere with or attempt to gain unauthorized access to the Service or its infrastructure; (f) use the Service as the primary positioning input for any safety-critical application, including aviation navigation, autonomous vehicle control, or any system where a positioning failure could result in death, personal injury, or significant property damage; or (g) use the Service in violation of applicable law.

3- Your Account

You are responsible for all activity under your account. Keep your credentials confidential and do not share them. Each subscription authorizes access by one device only; use of a single subscription across multiple devices is a material breach of these Terms. Notify us promptly at [email protected] if you suspect unauthorized access.

4- Fees and Payment

Fees are as stated at checkout. All fees are charged at purchase or renewal and are non-refundable except as required by applicable law. Fees exclude taxes; you are responsible for all applicable taxes and duties. If payment fails, we may suspend your access after five (5) days’ notice.

5- Subscriptions; Cancellation

Your subscription runs for the term specified at checkout and renews automatically for successive equal periods at our then-current pricing unless you cancel auto-renew before the end of the current term. The cancellation of auto-renewal takes effect at the end of the current term. We may suspend or terminate your subscription for material breach of these Terms, with five (5) days’ notice and opportunity to cure, except that breaches of Section 2 (License and Restrictions) or Section 3 (Your Account) may result in immediate suspension or termination without a cure period.

6- Ownership

We own all right, title, and interest in the Service, including its software, algorithms, infrastructure, and operational data. You own your device data. Subject to your payment obligations, we grant you a license to use the positioning corrections delivered to your device for your internal business purposes during your subscription term. We may aggregate de-identified usage data across customers to operate and improve the Service, provided it does not identify you or your devices.

7- Data Processing

To the extent we process personal data on your behalf, our DPA applies and is incorporated here by reference. The DPA includes Standard Contractual Clauses for EEA, UK, and Swiss data transfers. We will notify you within 72 hours of becoming aware of any confirmed unauthorized access to your data.

8- Disclaimers

THE SERVICE IS PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SWIFT AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR ACCURATE AT ALL TIMES.

POSITIONING ACCURACY MAY BE AFFECTED BY CONDITIONS OUTSIDE OUR CONTROL, INCLUDING IONOSPHERIC DISTURBANCES AND SPACE WEATHER EVENTS; THESE ARE NOT SERVICE FAILURES. THE SERVICE IS NOT DESIGNED OR CERTIFIED FOR SAFETY-CRITICAL APPLICATIONS. DO NOT USE THE SERVICE AS THE PRIMARY NAVIGATION INPUT FOR AUTONOMOUS SYSTEMS, AVIATION, OR ANY APPLICATION WHERE A POSITIONING ERROR COULD CAUSE PERSONAL INJURY OR PROPERTY DAMAGE.

9- Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SWIFT AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS, OR BUSINESS, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS WILL NOT EXCEED THE FEES YOU PAID TO SWIFT IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

10- Export Compliance

The Service is subject to U.S. export laws. You may not use or access the Service from a sanctioned country or if you appear on any U.S. government restricted party list. The Service may not be used in the design or development of weapons of mass destruction or for terrorist activity.

11- Changes to These Terms

We may update these Terms at any time. We will provide 30 days’ notice of material changes by email or through the Service. Continued use after the effective date of any update constitutes acceptance of the revised Terms.

12- General

These Terms are governed by the laws of the State of California, without regard to conflict of law rules. You may not assign these Terms without our prior written consent. If any provision is unenforceable, the remainder continues in effect. Our failure to enforce any provision is not a waiver. “Including” means “including but not limited to.”

13- Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally will be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules, rather than in court. The arbitration will be conducted in San Francisco, California, or remotely if both parties agree. The arbitrator’s decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

YOU AND SWIFT EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. All claims must be brought in your individual capacity only.

Nothing in this Section prevents either party from seeking emergency injunctive relief in court to protect intellectual property rights or confidential information pending arbitration.