1. Parties
These Terms of Business ("Terms") govern the relationship between Swyft Software Limited, a company registered in Ireland with its registered office at 77 Lower Camden Street, Dublin 2, D02 XE80, Ireland ("Swyft Software", "we", "us", "our"), the company that provides Oofly, and the customer organisation ("you", "Customer") that accesses or uses the Oofly service, website and associated services ("Services").
By registering for, accessing or using the Services, you agree to be bound by these Terms. If you are accepting these Terms on behalf of an organisation, you represent that you have authority to bind that organisation.
2. Services
Oofly is an out of office management service for Microsoft 365. It shows who in your organisation has an automatic reply on or booked, and lets people with the right role (owners, administrators and delegates) set, change and switch off automatic replies for others, while members manage their own. It includes reply templates, delegation by person or Microsoft Entra group, an audit log and associated administration tools.
Oofly works through Microsoft Graph and needs a Global Administrator in your organisation to approve its access once. You can remove that access at any time in Microsoft Entra, after which the Services stop working for your organisation.
We reserve the right to modify, suspend or discontinue any aspect of the Services at any time, with reasonable notice where practicable.
3. Subscription & Payment
- Subscriptions are charged per user, for anyone with an enabled mailbox in your Microsoft 365 directory, with a minimum of 10 users. You choose the number of users at checkout and can add more at any time.
- You can pay monthly or yearly. Yearly subscriptions are paid up front for the year. Users added during a year are charged straight away for the rest of the current year; users added to a monthly subscription are charged from the date they are added, with the part month on the next invoice.
- New organisations may start with a free trial of 7 days, without giving a card. At the end of the trial the subscription only starts if you choose to pay. Free trials are offered at our discretion and may be withdrawn for new sign-ups at any time.
- Payment is processed by Stripe. By subscribing, you authorise us to charge the payment method you provide, or to invoice you on a yearly subscription where you choose that.
- Prices are stated in euro and exclude VAT unless otherwise stated. VAT will be applied where required by law.
- Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date.
- We reserve the right to change pricing with at least 30 days' notice to existing subscribers.
4. Acceptable Use
You agree not to use the Services to:
- Break any applicable law or regulation, including employment and data protection law.
- Set or change a person's automatic reply without a proper reason connected with your organisation's work, or to mislead the people who write to them.
- Infringe any third-party intellectual property rights.
- Transmit malware, spam or other harmful content.
- Attempt to gain unauthorised access to any system or data, including another customer's.
- Disrupt or interfere with the Services or any third-party systems.
- Misrepresent your identity or affiliation.
You are responsible for who you make an owner, administrator or delegate, and for what they do in Oofly.
5. Data Processing
When you connect your Microsoft 365 tenant, we process personal data about your people (their directory details and automatic reply settings) as a data processor on your behalf. You, as the data controller, are responsible for ensuring that your use of the Services complies with applicable data protection law, including having a lawful basis for giving us access to your directory and for setting automatic replies on your people's behalf.
Our processing of personal data is further governed by our Privacy Policy. A Data Processing Agreement ("DPA") is available on request.
6. Intellectual Property
All intellectual property rights in Oofly, its software, documentation and branding are and remain the property of Swyft Software Limited. You are granted a limited, non-exclusive, non-transferable licence to use the Services during your subscription, subject to these Terms.
You retain all intellectual property rights in your own data, templates and content. You grant us a limited licence to process that content as necessary to provide the Services.
7. Limitation of Liability
To the maximum extent permitted by applicable law, Swyft Software Limited shall not be liable for any indirect, incidental, special, consequential or punitive damages arising from or related to your use of the Services, including any loss caused by an automatic reply being on, off or worded in a way you did not intend, even if we have been advised of the possibility of such damages.
Our total aggregate liability to you in connection with these Terms shall not exceed the amounts paid by you to Swyft Software Limited in the twelve months before the claim.
Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.
8. Termination
You may cancel your subscription at any time from the billing page in the Oofly portal. Cancellation takes effect at the end of the current billing period.
We may suspend or end your access to the Services immediately if you materially breach these Terms, if your account is used for abuse, or if required by law.
When the Services end, your right to use them stops. Your data is kept for 90 days to allow for export, after which it is permanently deleted. Automatic replies already set in Microsoft 365 stay as they are until they end or someone changes them.
9. Governing Law
These Terms are governed by and construed in accordance with the laws of Ireland. You agree to submit to the exclusive jurisdiction of the courts of Ireland for any dispute arising under or in connection with these Terms.
10. Changes to These Terms
We may update these Terms from time to time. We will tell you about material changes by email or a clear notice in the portal at least 30 days before they take effect. Continuing to use the Services after that period means you accept the updated Terms.
11. Contact
For questions about these Terms, please contact us. Our Privacy Policy and Cookies Policy also apply to your use of the Services.