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Terms of Service

These Terms of Service govern your access to and use of the Swarms platform, APIs, marketplace, and related services. They include important provisions on billing, acceptable use, ownership of content, disclaimers, limitation of liability, and dispute resolution. Please read them carefully.

Last updated: July 7, 2026

Please note. These Terms include a limitation of liability (Section 16) and a dispute resolution provision with an arbitration agreement and class-action waiver (Section 18) that affect your legal rights. Please review them carefully.

1. Agreement to these terms

These Terms of Service (the “Terms”) constitute a binding agreement between you (“you” or “Customer”) and The Swarms Corporation (“Swarms,” “we,” “us,” or “our”) governing your access to and use of our websites, applications, APIs, marketplace, and related products and services (collectively, the “Services”). By accessing or using the Services, or by clicking to accept, you agree to these Terms and to our Privacy Policy and Data Policy, which are incorporated by reference. If you do not agree, do not use the Services.

If you use the Services on behalf of an organization, you represent that you are authorized to bind that organization, and “you” refers to that organization.

2. Definitions

  • “Completions” — the prompts, inputs, and files you submit and the outputs generated in response.
  • “Account” — your registration to access the Services.
  • “Subscription” — a Free, Pro, or Premium plan under which the Services are made available.

3. Eligibility and accounts

You must be at least the age of majority in your jurisdiction and able to form a binding contract. You agree to provide accurate registration information, keep it current, safeguard your credentials, and remain responsible for all activity under your Account. Notify us promptly at notifications@swarms.world of any unauthorized use or suspected security breach.

4. The Services and changes

Swarms provides infrastructure, tools, and interfaces for building, running, and orchestrating autonomous and multi-agent systems, along with related products and a marketplace. We may add, modify, suspend, or discontinue features at any time. We will use reasonable efforts to notify you of material changes that adversely affect your use.

5. Plans, credits, billing, and renewals

The Services are offered through subscriptions and usage-based credits, which may be used separately or together. The specific features, usage limits, and pricing applicable to you are described at the point of purchase.

  • Subscription tiers. Subscriptions are offered across Free, Pro, and Premium tiers, each with its own features, usage limits, and pricing.
  • Usage-based credits. You may purchase prepaid credits that are drawn down as you use metered features of the Services. Prepaid credits are purchased in advance and are non-refundable except where required by law. We make usage information available to help you monitor consumption, and you are responsible for all charges resulting from your use, including metered usage associated with the Pro and Premium plans.
  • Billing. Paid subscriptions are billed in advance on a recurring basis (for example, monthly or annually), and credits are charged at the time of purchase, to your designated payment method. You authorize us and our payment processors to charge all applicable fees and taxes.
  • Automatic renewal. Subscriptions renew automatically at the end of each billing period unless canceled before renewal. You may cancel at any time; cancellation takes effect at the end of the current period. Prepaid credits do not renew automatically.
  • Refunds. Except where required by law or expressly stated, subscription fees and prepaid credits are non-refundable, and there are no refunds or credits for partially used periods or unused credits.
  • Price changes. We may change subscription fees and credit pricing; changes apply to subsequent billing periods or purchases after reasonable notice.
  • Taxes. Fees are exclusive of taxes, which you are responsible for except for taxes on our net income.

6. License to use the Services

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business or personal purposes. All rights not expressly granted are reserved.

7. Acceptable use

You agree not to, and not to permit others to:

  • violate any law or the rights of others;
  • generate, promote, or distribute content that is unlawful, harmful, harassing, defamatory, deceptive, or that facilitates serious harm;
  • attempt to reverse engineer, decompile, or extract the weights, source code, or training data of our models, except to the extent permitted by law;
  • probe, scan, or test the vulnerability of, or breach the security or authentication measures of, the Services;
  • circumvent usage limits, rate limits, or access controls, or use the Services to build a competing model or service by improperly copying the Services;
  • use the Services to develop or deploy applications in high-risk domains without appropriate human oversight and safeguards; or
  • infringe intellectual property or misappropriate confidential information.

8. API use and rate limits

If you use our APIs, you agree to comply with applicable documentation and rate limits, to secure your API keys, and not to use the APIs in a manner that overburdens or disrupts the Services. We may throttle or suspend API access to protect the integrity and availability of the Services.

9. Your content and completions

As between you and Swarms, you retain all rights you hold in your Completions. You represent that you have the necessary rights to submit your Completions and that they do not violate law or these Terms. You are solely responsible for your Completions and their use.

You grant Swarms a worldwide, non-exclusive license to host, store, process, transmit, and display your Completions as necessary to provide, secure, and support the Services. Across all tiers, we may also use Completions to train, evaluate, and enhance our models, unless you enable No Data Tracking; before any such use, personal details are omitted. Details and your choices are described in our Privacy Policy and Data Policy.

10. Feedback

If you provide suggestions or feedback about the Services, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or obligation to you.

11. Intellectual property

The Services, including our software, models, user interfaces, and trademarks, are owned by Swarms or our licensors and are protected by intellectual property laws. Except for the limited license granted to you, nothing in these Terms transfers any right, title, or interest in the Services to you.

12. Model outputs and no professional advice

Outputs are generated by AI and may be inaccurate, incomplete, offensive, or otherwise unsuitable for your purpose, and different users may receive similar outputs. You are responsible for evaluating outputs and for any reliance on them. The Services do not provide legal, financial, medical, or other professional advice, and outputs are not a substitute for professional judgment.

13. Third-party services

The Services may integrate with or link to third-party products. We do not control and are not responsible for third-party services, and your use of them is governed by their own terms and privacy practices.

14. Term, suspension, and termination

These Terms remain in effect while you use the Services. You may stop using the Services and close your Account at any time. We may suspend or terminate your access, with or without notice, if you breach these Terms, if required by law, or to protect the Services or other users. Upon termination, your license to use the Services ends. Sections that by their nature should survive — including ownership, disclaimers, limitation of liability, indemnification, and dispute resolution — will survive.

15. Disclaimers

To the fullest extent permitted by law, the Services are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Services will be uninterrupted, error-free, secure, or that outputs will be accurate or reliable.

16. Limitation of liability

To the fullest extent permitted by law, Swarms and its affiliates, officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, data, goodwill, or business, arising out of or relating to the Services, even if advised of the possibility of such damages. Our aggregate liability for all claims arising out of or relating to the Services will not exceed the greater of the amounts you paid us for the Services in the twelve (12) months preceding the event giving rise to the claim, or one hundred U.S. dollars (US$100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

17. Indemnification

You agree to defend, indemnify, and hold harmless Swarms and its affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your Completions, your use of the Services, or your violation of these Terms or applicable law.

18. Dispute resolution and arbitration

Please contact us first at notifications@swarms.world so we can try to resolve any dispute informally. If we cannot, you and Swarms agree that any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration, rather than in court, except that either party may bring an individual claim in small-claims court or seek injunctive relief for intellectual-property or unauthorized-access matters. You and Swarms waive any right to a jury trial and to participate in a class or representative action. This provision does not apply where prohibited by law, and you may have the right to opt out of arbitration as described in any applicable notice.

19. Export controls and sanctions

You agree to comply with applicable export control and sanctions laws and represent that you are not located in, or a resident of, any embargoed region, and are not on any restricted-party list.

20. Governing law and venue

These Terms are governed by the laws of the State of Delaware, excluding its conflict-of-laws rules. Subject to the arbitration provision above, the state and federal courts located in Delaware will have exclusive jurisdiction, and you consent to their venue and personal jurisdiction.

21. General terms

  • Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
  • Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
  • Severability and waiver. If any provision is unenforceable, the rest remain in effect; a failure to enforce a provision is not a waiver.
  • Entire agreement. These Terms, together with the policies referenced here, are the entire agreement between you and Swarms regarding the Services.
  • Notices. We may provide notices via the Services or by email; you may contact us at the address below.

22. Additional terms for the Marketplace

The Services include a marketplace where third parties may list and offer agents, tools, and related content (“Listings”) and where users may access them. The marketplace operates under a separate business model from our subscriptions and credits. The following additional terms apply to your use of the marketplace and, together with the rest of these Terms, govern that use.

  • Our role. Swarms operates the marketplace as a platform and intermediary. Unless we expressly state otherwise, arrangements relating to a Listing are between the seller and the buyer, Swarms is not a party to them, and Swarms is not responsible for Listings provided by third parties.
  • Listing and transaction fees. We may charge listing fees and/or transaction fees in connection with the marketplace, as described at the point of listing or sale. Applicable fees, and any related taxes, are your responsibility.
  • Seller responsibilities. If you list or sell on the marketplace, you represent that you have all rights necessary to offer your Listing, that it complies with these Terms and applicable law, and that it does not infringe the rights of others. You are responsible for your Listings, including their descriptions, support, and any terms you present to buyers.
  • Buyer acknowledgements.Listings offered by third parties may be subject to the seller’s own terms and privacy practices and may involve data handling by the seller that this agreement does not govern. You are responsible for reviewing a Listing before using it.
  • Content and conduct. Listings must comply with the acceptable-use requirements in Section 7. We may review, remove, or suspend Listings, and suspend marketplace access, for violations of these Terms or applicable law.
  • No endorsement. The availability of a Listing does not constitute an endorsement by Swarms, and we make no warranty regarding third-party Listings.

23. Changes to these terms

We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date above and, where appropriate, provide additional notice. Your continued use of the Services after changes take effect constitutes acceptance.

24. Contact us

Questions about these Terms? Contact us at notifications@swarms.world.