1 · Agreement to terms
These Terms of Service ("Terms") form a binding agreement between SwarmEngines LLC ("SwarmEngines," "we," "us") and you or the business entity you represent ("Customer," "you"). By creating an account, clicking "I agree," or using the Services, you accept these Terms.
If you are agreeing on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to it.
2 · Eligibility and account
You must be at least 18 years old and legally capable of entering into contracts. You must sign up with a valid email address via Google OAuth. You are responsible for keeping your sign-in credentials secure and for all activity under your account.
You agree to provide accurate information and to keep it current. You must notify us promptly if you suspect unauthorized use at security@swarmengines.com.
3 · The Services
"Services" means the SwarmEngines platform: the catalog of AI agent skills, the activation wizard, dashboards, integrations, documentation, and all related features at swarmengines.com and its subdomains.
We may update, modify, or discontinue any part of the Services at any time. Material changes that reduce functionality you've paid for will be communicated at least 30 days in advance; you may cancel for a prorated refund if that change materially and negatively affects you.
4 · Plans, pricing, and billing
Subscription plans
We offer Starter, Growth, Scale, and Company plans, each with an included number of agent runs per month. Current pricing is at /pricing.
Credit weighting
Most skills consume 1 credit per run. Deep-work skills (AI Receptionist, meeting transcript analysis, long-form research) consume 3 credits per run because they use significantly more compute. The multiplier is disclosed on each skill's detail page.
Overages
If you exceed your plan's included runs, overage is billed at $0.06 per run. The first 100 overage runs each month are free. Overage is billed in arrears on your next invoice.
Billing cycle
Plans are billed monthly in advance. Your subscription auto-renews each month until you cancel. Payment is charged via Stripe to the card on file.
Price changes
We may adjust pricing with at least 30 days' notice, applied at the start of your next billing period after the notice. You may cancel before the new price takes effect.
Taxes
Fees are exclusive of applicable taxes (US state sales tax, VAT, GST). If a taxing authority requires us to collect, we will add it to your invoice.
Failed payments
If payment fails, we retry on a 14-day ladder (per our dunning policy). If unresolved after 14 days, we may suspend your account. Reactivation is immediate upon successful payment.
5 · Cancellation and refunds
30-day money-back
If you cancel within your first 30 days of a paid subscription and are not satisfied for any reason, email contact@swarmengines.com and we will refund the most recent payment in full.
Cancellation at any time
After the 30-day window, you may cancel any time from the billing page. Cancellation takes effect at the end of your current billing period. No early-termination fees.
Data export and deletion
Before cancellation, you can export your data from the dashboard. After cancellation, your active skills pause immediately. Your data is retained for 30 days in case you change your mind, then permanently deleted (except records required by law).
6 · Customer content
"Customer Content" means everything you or your integrations upload to the Services, plus the inputs and outputs of skills you activate. You retain all rights, title, and interest in Customer Content.
You grant SwarmEngines a non-exclusive, worldwide, royalty-free license to host, copy, transmit, display, adapt, and process Customer Content solely to provide the Services to you.
You represent that you have the rights necessary to grant this license and that Customer Content does not violate applicable law or infringe any third-party rights.
7 · Our intellectual property
The Services, including the skill catalog structure, software, designs, trademarks, logos, and all related intellectual property, are owned by SwarmEngines or our licensors. These Terms grant you a limited, non-exclusive, non-transferable right to access and use the Services during the term of your subscription.
You may not: (i) reverse-engineer the Services; (ii) use the Services to build a competing product; (iii) remove or obscure branding; (iv) resell or sublicense access to third parties without a written reseller agreement.
8 · Third-party services
Many skills rely on third-party services you bring to the platform: Twilio for SMS and voice, Google Workspace, Stripe, Shopify, DocuSign, and others. You are responsible for:
- Maintaining your own active accounts with those providers.
- Paying their usage fees directly (we don't mark up pass-through costs).
- Complying with their terms of service.
- Authorizing our agents to access your accounts via OAuth or API keys you provide.
We are not responsible for the availability, accuracy, or security of third-party services. If a third-party service is unavailable, the dependent skill will be unavailable until they recover.
9 · AI outputs and customer responsibilities
AI can make mistakes. You are responsible for reviewing output before it affects customers.
Review before sending
For customer-facing actions (emails, SMS, social posts, review responses, invoice communications), you are responsible for configuring appropriate review or approval gates. SwarmEngines provides "require approval before send" settings on every relevant skill; you choose whether to enable them.
Compliance
You are responsible for complying with all laws that apply to your use of AI-generated communications, including but not limited to:
- TCPA — US Telephone Consumer Protection Act, including consent requirements for automated SMS and voice calls.
- CAN-SPAM — US commercial email requirements (unsubscribe, accurate from-line, physical address).
- CASL — Canadian Anti-Spam Legislation, if you contact Canadian residents.
- GDPR / UK GDPR — if you contact EU or UK residents.
- State AI disclosure laws — California's SB 1001 (bot disclosure), Colorado AI Act, and emerging state laws. Disclose that communications are AI-generated when required by applicable law.
- Two-party consent recording states — for voice skills, you are responsible for ensuring applicable consent disclosures play before recording.
Our AI Usage Policy provides additional guidance.
No professional advice
Outputs from skills may touch legal, medical, tax, or financial subject matter. These outputs do not constitute professional advice. Use human professionals for regulated decisions.
10 · Acceptable use
Your use of the Services is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. Violations may result in suspension or termination.
11 · Privacy and security
Our handling of personal information is governed by our Privacy Policy. For customers processing personal data through the Services (including EU/UK personal data), the Data Processing Addendum applies and is incorporated into these Terms by reference.
12 · Indemnification
By you
You will defend, indemnify, and hold harmless SwarmEngines, its officers, directors, employees, and agents from any third-party claim, loss, or expense arising from (i) Customer Content; (ii) your violation of these Terms or applicable law; (iii) your violation of any third-party rights; or (iv) your use of the Services to send communications that violate TCPA, CAN-SPAM, or similar laws.
By us
We will defend you against any third-party claim that the Services (excluding Customer Content and third-party services) infringe a US patent, copyright, or trademark, and pay any resulting damages or settlement, subject to the liability limits below. If an infringement claim is made, we may at our option (a) modify the Services, (b) procure rights, or (c) terminate the affected feature and refund pro-rata fees.
13 · Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." EXCEPT AS EXPRESSLY STATED IN THESE TERMS, SWARMENGINES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services will meet your requirements. We do not warrant the accuracy or completeness of AI-generated outputs.
14 · Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWARMENGINES AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL.
OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES IS LIMITED TO THE GREATER OF (A) THE FEES YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) USD $100.
These limitations apply regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion of certain warranties or limitations on damages, so some of the above may not apply to you.
15 · Termination
You may terminate your account at any time from the billing page. We may suspend or terminate your access immediately if you (i) materially breach these Terms, the Acceptable Use Policy, or the AI Usage Policy; (ii) fail to pay fees when due and do not cure within 14 days of notice; or (iii) engage in activity that poses risk to the Services, other customers, or third parties.
On termination, your right to use the Services ends. Sections intended by nature to survive (including IP, indemnification, disclaimers, liability limits, and disputes) continue in force.
16 · Disputes and governing law
Governing law
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles, and the federal laws of the United States.
Arbitration (consumer customers)
If you use the Services as an individual (not on behalf of a business), any dispute will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, in English, in Wilmington, Delaware (or remotely by agreement).
Courts (business customers)
If you use the Services on behalf of a business, any dispute will be brought exclusively in the state or federal courts in Delaware. Each party submits to personal jurisdiction there.
Class action waiver
Each party waives the right to participate in a class or representative action. Disputes must be brought in an individual capacity.
Injunctive relief
Nothing in this section prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property or confidential information.
17 · Changes to these Terms
We may modify these Terms. Material changes will be announced by email to the address on file and by a banner on the site at least 30 days before they take effect. Continued use after that date constitutes acceptance. If you do not agree, you may cancel before the effective date for a prorated refund of unused fees.
18 · General
- Entire agreement: these Terms (plus Privacy Policy, DPA, AUP, AI Policy, and any Order Form) constitute the entire agreement between you and us and supersede prior agreements on the same subject.
- Severability: if any provision is unenforceable, the rest remains in effect.
- Assignment: you may not assign these Terms without our written consent. We may assign in connection with a merger, acquisition, or sale of assets on written notice.
- Notices: we may give notice by email to the address on file. You may give us notice by email to contact@swarmengines.com.
- No waiver: failure to enforce a right doesn't waive it.
- Independent contractors: nothing creates a partnership, joint venture, or employment relationship.
- Export: you may not use the Services in jurisdictions subject to US export controls.