By accessing, browsing, registering for, purchasing from, or otherwise using the Swarms Platform, website, applications, APIs, hosted tools, and related services (collectively, the “Service”), you agree to be bound by these Terms of Service and any policies or guidelines incorporated by reference. These Terms form a legally binding agreement between you and Swarms Platform. If you are using the Service on behalf of a company, organization, or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms, and in that case, “you” and “your” refer to that entity as well as any individual user acting on its behalf.
You may not use the Service if you do not agree to these Terms. Your continued use of the Service after we post updated Terms constitutes acceptance of the revised Terms to the extent permitted by law. You are responsible for reviewing these Terms periodically. Certain features, products, promotions, APIs, or community programs may be subject to additional terms, and those additional terms will control in the event of a conflict with these Terms for the relevant feature or offering only.
Swarms Platform provides infrastructure and interfaces for creating, publishing, discovering, using, and managing AI agents, prompts, tools, tokenized collectibles, subscriptions, APIs, and related digital experiences. The Service may include marketplace features, agent hosting, community pages, analytics, wallet-related integrations, tokenization flows, search and discovery functionality, chat or workflow interfaces, account dashboards, and paid plans. Some features may be experimental, beta, limited, or available only in certain jurisdictions or to certain account tiers.
We may modify, suspend, discontinue, or remove any part of the Service at any time, with or without notice, including by changing feature availability, pricing, plan limits, supported models, supported chains, tokenization eligibility requirements, or access methods. We are not obligated to maintain any particular feature, integration, or compatibility. The Service may depend on third-party providers, infrastructure, data sources, blockchains, protocols, exchanges, or model vendors, and those dependencies may affect availability, performance, or functionality.
To use certain features of the Service, you may be required to create an account, connect a wallet, provide payment information, or otherwise verify access credentials. You represent and warrant that you are legally capable of entering into this agreement and that your use of the Service is not prohibited under applicable law. You are solely responsible for maintaining the confidentiality and security of your account credentials, private keys, wallet access, authentication tokens, devices, and any other means used to access the Service.
You may not share access credentials in a way that violates plan restrictions, rate limits, or security expectations. We may refuse registration, reclaim usernames, limit account functionality, or suspend access where we reasonably believe an account creates risk, violates these Terms, or exposes the platform or other users to fraud, abuse, or legal liability. You remain responsible for all actions taken through your account unless prohibited by applicable law.
You retain ownership of the content, prompts, code, configurations, metadata, documentation, media, branding, and other materials that you submit, upload, publish, tokenize, or otherwise make available through the Service (“User Content”), subject to any rights you grant under these Terms and subject to the rights of any third parties. You represent and warrant that you own or have all necessary rights, licenses, consents, and permissions required to submit and use your User Content on the Service and to grant the rights described in these Terms.
By submitting User Content, you grant Swarms a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, format, adapt, display, distribute, index, analyze, promote, and otherwise use that User Content as reasonably necessary to operate, improve, secure, market, and provide the Service. This includes making User Content available to other users where your settings or the nature of the feature permit publication, discovery, collaboration, resale, or tokenization. This license continues for as long as necessary to operate the Service and maintain legitimate business records, backup systems, compliance logs, dispute resolution materials, and archival copies.
We do not endorse, verify, or guarantee the accuracy, legality, quality, safety, usefulness, originality, or fitness of User Content, agents, prompts, tools, or outputs created by users. You are solely responsible for evaluating, testing, and monitoring any agent, prompt, API call, automation, or output you create or use through the Service. You understand that AI-generated outputs may be inaccurate, incomplete, biased, offensive, or unsuitable for your intended purpose and must not be relied on without appropriate human review.
Swarms may permissionlessly allow users to tokenize their agents or other eligible products on the platform. Any tokenized products made available through the Service are classified and presented as digital collectibles only. They are not utility tokens, are not represented as providing ownership in Swarms, are not represented as conferring governance rights in Swarms, and are not represented as investment products, securities, commodity interests, deposit products, or any other regulated financial instrument unless expressly stated otherwise in separate written terms signed by Swarms.
The decision to tokenize a product is made by the relevant user and not by Swarms acting as issuer, promoter, broker, investment adviser, exchange, or fiduciary. Swarms does not provide investment advice, legal advice, tax advice, or financial advice through tokenization features. You are solely responsible for understanding the legal, tax, regulatory, technical, and market implications of creating, acquiring, transferring, holding, or interacting with tokenized products.
Swarms does not guarantee, control, or assume responsibility for any price action, market activity, volatility, liquidity, trading volume, gains, losses, appreciation, depreciation, market manipulation, failed swaps, routing outcomes, slippage, or other economic outcome associated with tokenized products. All tokenized products are offered and used at your own risk. By using tokenization features, you acknowledge that such products are user-created collectibles and not utility tokens or financial instruments offered by Swarms.
Certain features of the Service require payment, including subscription plans, premium functionality, hosted usage, tokenization-related actions, and API access. By purchasing a paid feature, you authorize us or our payment processors to charge the fees, taxes, and any applicable recurring amounts associated with your selected plan or usage. You are responsible for providing valid payment information and keeping that information current. Fees may vary by plan, region, feature set, usage tier, promotional offer, or enterprise arrangement.
Subscription fees are billed in advance on a recurring basis unless otherwise stated. You may cancel a subscription at any time, but cancellation will generally apply to future renewal periods and will not retroactively reverse charges already incurred except where required by law or as expressly provided in these Terms. We may change subscription pricing, included usage, renewal periods, feature availability, or plan structure upon reasonable notice.
Refunds are available only for `Pro` and `Premium` subscriptions and only in circumstances determined by Swarms or where required by applicable law. No refunds will be issued for API credits, usage-based API charges, prepaid usage balances, token purchases, tokenization costs, blockchain transaction fees, gas fees, liquidity or swap losses, or any other token-related activity. API credits are final once purchased or issued, are non-cash, may expire if stated at purchase, and have no stored monetary value outside the Service unless expressly required by law.
If you believe you were billed incorrectly for a `Pro` or `Premium` subscription, you must contact us within a reasonable time after the charge and provide sufficient information for review. We may suspend or revoke access to paid features for non-payment, chargebacks, suspected fraud, abuse of refund policies, or payment disputes. You remain responsible for all taxes, duties, levies, and similar governmental charges associated with your purchases and use of the Service.
You agree not to use the Service, or permit others to use the Service, in any way that violates applicable law, infringes intellectual property or privacy rights, harms minors, facilitates fraud, harassment, abuse, or deception, or interferes with the safety, security, stability, or integrity of the Service. You may not use the Service to develop, distribute, or operate malware, ransomware, credential theft systems, unauthorized surveillance, spam systems, or any workflow designed to exploit, disable, overload, or gain unauthorized access to any system, account, or network.
We may investigate suspected violations and may remove content, limit visibility, throttle access, disable tokenization, restrict transactions, suspend accounts, or cooperate with law enforcement or affected third parties where appropriate. Our decision to enforce or not enforce these Terms in one instance does not waive our right to enforce them later.
Your privacy is important to us. Our collection, use, disclosure, retention, and security practices are described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you acknowledge that we may process account information, content metadata, payment-related information, usage logs, analytics, device information, and other data necessary to operate, secure, improve, and support the Service.
Because the Service may involve public profiles, public listings, social links, wallet addresses, tokenized collectibles, or blockchain activity, some information associated with your use may be visible to other users or to the public. Blockchain transactions and wallet activity may be public, immutable, and difficult or impossible to reverse or delete. You acknowledge these characteristics and assume the risks associated with making information public through the Service or connected third-party systems.
The Service may rely on or interoperate with third-party payment processors, model providers, wallet software, blockchain networks, node providers, explorers, exchanges, routing systems, oracles, analytics providers, hosting providers, and other third-party products or services. We do not control those third parties and are not responsible for their acts, omissions, availability, security, pricing, functionality, content, policies, or terms. Your use of third-party services may be subject to separate agreements between you and the relevant provider.
Blockchain-based features involve inherent risks, including congestion, forks, smart contract bugs, validator failure, lost private keys, phishing, rug pulls, irreversible transactions, MEV, slippage, failed settlements, and volatile pricing. Swarms does not guarantee uninterrupted access to any chain, router, tokenization flow, or market data source and is not liable for losses resulting from blockchain conditions, third-party failures, or user error.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWARMS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AVAILABILITY, RELIABILITY, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM HARMFUL COMPONENTS.
We make no warranty regarding the performance or output of any model, prompt, agent, automation, tokenized product, search result, listing, route, or integration. We do not guarantee that outputs are correct, that agents will behave as expected, or that any listing or token will retain value, attract demand, remain tradable, or comply with any legal framework in your jurisdiction. You are solely responsible for evaluating whether the Service is appropriate for your intended use.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWARMS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, DIGITAL ASSETS, TOKENS, BUSINESS OPPORTUNITY, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
To the maximum extent permitted by law, our aggregate liability for all claims arising out of or relating to the Service will not exceed the greater of the amount you paid to Swarms for the Service during the twelve months preceding the event giving rise to the claim or one hundred U.S. dollars (US $100). The foregoing limitations apply regardless of the form of action and regardless of whether any limited remedy fails of its essential purpose.
We may suspend, restrict, disable, or terminate your access to the Service, in whole or in part, at any time and with or without notice, if we believe you have violated these Terms, created risk for other users, exposed Swarms to legal or regulatory liability, engaged in fraud or abuse, failed to pay amounts due, initiated abusive chargebacks, or used the Service in a way that threatens security, reliability, or lawful operation.
You may stop using the Service at any time. Termination does not relieve you of obligations incurred before termination, including payment obligations, indemnity obligations, dispute-related obligations, and any licenses or rights that by their nature should survive termination. We may retain records as necessary for legal compliance, fraud prevention, backup, accounting, and enforcement purposes.
We may modify these Terms from time to time. If we make material changes, we may provide notice by posting the updated Terms on the Service, updating the “Last updated” date, sending an email, or using other reasonable means. The form and timing of notice may vary depending on the nature of the change and legal requirements.
Unless otherwise required by law, the updated Terms will become effective when posted or on the effective date stated in the update. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.
These Terms and any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of the jurisdiction in which Swarms Platform operates, without regard to its conflict of laws principles, except to the extent preempted by applicable federal law or otherwise required by mandatory consumer protection laws.
To the extent permitted by law, you agree that any dispute that cannot be resolved informally will be brought exclusively in the courts located in the applicable governing jurisdiction, and you consent to personal jurisdiction and venue in those courts. Nothing in these Terms prevents either party from seeking injunctive or equitable relief where appropriate to protect intellectual property, confidential information, platform security, or other legitimate interests.
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Swarms, its affiliates, and their respective officers, directors, employees, contractors, licensors, and service providers from and against any claims, actions, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to: (a) your use of the Service; (b) your User Content, agents, prompts, tools, outputs, listings, tokenized products, or transactions; (c) your violation of these Terms; (d) your violation of any applicable law, regulation, or third-party right; or (e) any dispute between you and another user, customer, purchaser, seller, collaborator, wallet holder, or third-party provider.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with our defense of that claim. You may not settle any claim that imposes liability, admissions, injunctive relief, operational restrictions, or other obligations on Swarms without our prior written consent. This indemnification obligation survives suspension and termination of your account and your use of the Service.
These Terms constitute the entire agreement between you and Swarms regarding the Service and supersede any prior or contemporaneous understandings, communications, negotiations, and proposals, whether oral or written, relating to the Service, except for any separate enterprise agreement or other written agreement expressly signed by an authorized representative of Swarms. If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
Our failure to enforce any right or provision of these Terms will not operate as a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Swarms. You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without our prior written consent. We may assign these Terms, in whole or in part, at any time, including in connection with a merger, acquisition, asset sale, financing, corporate reorganization, or change of control.
Headings are for convenience only and do not affect interpretation. As used in these Terms, words such as “including” or “include” mean “including without limitation.” Nothing in these Terms creates any agency, partnership, joint venture, employment, franchise, or fiduciary relationship between you and Swarms. Except as otherwise expressly provided, these Terms are intended solely for the benefit of you and Swarms and do not confer third-party beneficiary rights on any other person or entity.
You consent to receiving electronic communications from us, including notices, disclosures, billing communications, and transactional messages, through the Service, by email, or through other contact information you provide. You agree that such electronic communications satisfy any legal requirement that communications be in writing to the extent permitted by law. You are responsible for maintaining accurate contact details and for reviewing communications related to your account, charges, subscription status, tokenized activity, and policy updates.
The Service may contain translations, summaries, examples, educational descriptions, or explanatory text provided for convenience only. In the event of ambiguity, the official English-language version of these Terms controls to the extent permitted by law. Any rights not expressly granted in these Terms are reserved by Swarms. Sections that by their nature should survive termination, including ownership provisions, disclaimers, limitations of liability, indemnification, payment obligations, dispute provisions, and miscellaneous provisions, will survive termination.
If you have any questions about these Terms of Service, billing issues, `Pro` or `Premium` subscription refunds, or other legal or account matters, please contact us at:
Email: legal@swarms.ai
Website: https://swarms.ai
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