Acceptance of terms
These Terms of Service (“Terms”) govern your access to and use of the Swarms Cloud platform and related services (the “Service”) provided by Swarms Corporation (“Swarms”, “we”, “us”). By using the Service you agree to these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization.
Accounts and API keys
You are responsible for safeguarding your account credentials and API keys, for all activity that occurs under your account, and for keeping your contact information current. Notify us immediately of any unauthorized use of your account.
Acceptable use
You agree not to use the Service to (a) violate any applicable law or regulation; (b) infringe intellectual-property or privacy rights of others; (c) transmit malware or interfere with the Service’s operation; (d) generate content that is unlawful, harmful, or deceptive; or (e) attempt to reverse engineer, scrape, or otherwise circumvent technical restrictions of the Service.
We may suspend or terminate access for conduct that we reasonably believe violates these Terms or harms the Service or its users.
Your content
You retain ownership of all input you submit and output you generate through the Service (“Customer Content”). You grant Swarms a worldwide, non-exclusive license to host, process, and transmit Customer Content solely to operate and improve the Service. You are responsible for ensuring you have the rights necessary to submit Customer Content.
Fees and billing
Paid plans are billed in advance and are non-refundable except where required by law. Usage-based charges (including credits consumed by agent and swarm executions) are billed as incurred. Fees are exclusive of taxes, which you are responsible for paying.
Third-party services
The Service may route requests to third-party model providers, retrieval sources, or tools. Your use of such third-party services may be subject to their own terms. Swarms is not responsible for the availability or content of third-party services.
Intellectual property
The Service, including its software, design, and trademarks, is owned by Swarms and its licensors and is protected by intellectual-property laws. Except for the limited license granted in these Terms, no rights are transferred to you.
Termination
You may stop using the Service at any time. We may suspend or terminate your access if you materially breach these Terms or if required by law. Provisions that by their nature should survive termination will survive, including ownership, disclaimers, and limitations of liability.
Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SWARMS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, SWARMS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS OR DATA, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO SWARMS IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
Governing law
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws provisions. The state and federal courts located in Delaware will have exclusive jurisdiction over any dispute arising from these Terms.
Changes to these terms
We may update these Terms from time to time. We will post the updated version on this page and update the “Effective” date at the top. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.
Contact
Questions about these Terms can be sent to legal@swarms.ai.