Terms of Service

Customer may purchase subscriptions to the SwarmOS platform and related services ("Services") by agreeing to an applicable order or by signing up through the SwarmOS website at app.swarmos.tech. Subscriptions will be for the term agreed to at the time of purchase.

All Services will be made available electronically. Access is granted upon successful account creation and, where applicable, payment. In the case of renewal, there is no separate delivery requirement.

SwarmOS provides technical support by email during standard business hours. Customers may submit support requests to support@swarmos.tech. SwarmOS will use reasonable efforts to respond within one business day. Appeals related to account suspension must be directed to appeals@swarmos.tech.

Except where licenses are expressly granted herein, Macrodeep Inc. and its licensors retain all right, title, and interest in the SwarmOS platform, its documentation, software, AI models, infrastructure, branding, and website. Unauthorized copying, redistribution, or use is prohibited.

Subject to timely payment and compliance with this Agreement, SwarmOS grants Customer a limited, non-exclusive, non-transferable license to access and use the Services for Customer's internal business purposes, for the number of authorized users in Customer's subscription, during the applicable subscription term.

Customer agrees not to, and shall not permit any third party to:

• Reverse engineer, decompile, or create derivative works of the Services;
• Resell, sublicense, rent, or make the Services available to third parties outside Customer's organization;
• Use the Services to build a competing product or service;
• Use automated means to scrape, harvest, or extract data from the Services;
• Create multiple accounts to circumvent usage limits, free tier allowances, or spend caps;
• Circumvent any technical measures or usage controls;
• Use the Services for any unlawful, fraudulent, or abusive purpose.

Customer is responsible for all actions taken by its authorized users and anyone accessing the Services using Customer's credentials. Customer must ensure authorized users maintain proper account security and password hygiene.

Customer retains all intellectual property rights in its data, content, and materials ("Customer Data") submitted to the Services. SwarmOS does not claim ownership of Customer Data.

Customer grants SwarmOS a limited, non-exclusive, worldwide license to use, process, and transmit Customer Data solely as necessary to operate and provide the Services. SwarmOS will not sell Customer Data or use it to train models without explicit written consent.

SwarmOS may collect aggregate, anonymized usage data to improve the platform. Such data will not include personally identifiable information or identifiable Customer Data. Customer grants SwarmOS a license to use such aggregated data for product development and improvement.

If Customer submits feedback, suggestions, or ideas regarding the Services, Customer grants SwarmOS a royalty-free, perpetual, irrevocable license to use and incorporate such feedback without obligation of confidentiality or compensation.

Customer is solely responsible for its own IT infrastructure, including hardware, software, network access, and any third-party licenses required to use the Services. SwarmOS is not responsible for failures attributable to Customer's environment.

The SwarmOS platform may interoperate with third-party services including LLM providers (Claude, OpenAI, Groq, Gemini, etc.), communication tools (Telegram, Slack, Discord, WhatsApp, Microsoft Teams), project management tools (Linear), and CRM platforms (HubSpot). Customer's use of such services is subject to those providers' separate terms. SwarmOS is not responsible for third-party service availability, accuracy, or pricing. Customer brings its own API keys and is solely responsible for costs incurred with LLM providers.

The Services are offered on a subscription basis, billed monthly unless otherwise specified. Fees are charged at the start of each billing cycle. Subscriptions automatically renew unless cancelled before the renewal date. Except in cases of SwarmOS's material breach, all payments are non-refundable.

By providing a payment method, Customer irrevocably authorizes SwarmOS to charge all applicable fees on a recurring basis. Customer must keep payment information current. Failed payments may result in service suspension.

SwarmOS enforces API Spend Caps — monthly limits on LLM API call costs attributable to Customer's organization. Customer's LLM costs are paid directly to LLM providers using Customer's own API keys; SwarmOS does not pay these costs on Customer's behalf. Spend Caps prevent runaway costs and may trigger alerts at 80% utilization. Exceeding a Spend Cap may pause agent execution until the following billing period or until Customer increases their plan. SwarmOS reserves the right to modify plan-level spend cap limits with 30 days' notice.

SwarmOS offers a free Sandbox plan and a time-limited Trial plan. Free tier benefits are subject to the restrictions described on the pricing page and may be modified or discontinued with notice. Abuse of free tier access (including creation of multiple accounts to circumvent limits) is a material breach of this Agreement.

All stated prices are exclusive of applicable taxes, duties, or levies. Customer is responsible for all taxes associated with the Services, except taxes based on SwarmOS's net income.

SwarmOS reserves the right to modify pricing at any time by posting changes to swarmos.tech/pricing. Price changes will not apply retroactively to an existing paid subscription term; they take effect at the next renewal.

SwarmOS warrants that during any paid subscription term, the Services will function substantially in accordance with the published documentation. This warranty does not apply if Customer fails to notify SwarmOS in writing within the subscription term.

Customer represents and warrants that it has all rights necessary to submit Customer Data to the Services, and that Customer Data does not infringe any third-party intellectual property rights or violate any applicable law.

Except as expressly set forth in section 5.1, the services are provided "as is" and "as available." Swarmos disclaims all other warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Swarmos does not warrant that the services will be error-free, uninterrupted, or that ai-generated outputs will be accurate. Customer acknowledges that ai outputs may be inaccurate and should be reviewed before reliance.

SwarmOS shall defend Customer against any third-party claim alleging that the SwarmOS platform, as delivered, infringes a third party's copyright, trademark, or patent, and shall indemnify Customer for damages finally awarded in such claim, provided Customer promptly notifies SwarmOS and grants SwarmOS control of the defense.

Customer shall defend and indemnify SwarmOS against any claims, losses, or damages arising from: (i) Customer's breach of this Agreement; (ii) Customer Data infringing third-party rights; or (iii) Customer's use of the Services in violation of applicable law.

Neither party shall be liable to the other for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption, even if advised of the possibility of such damages.

Except for claims arising from breach of confidentiality, intellectual property infringement, or indemnification obligations, each party's total liability under this agreement shall not exceed the total fees paid by customer to Swarmos in the twelve months preceding the applicable claim.

This Agreement begins on the date Customer first accepts it and continues until all subscriptions have expired or been terminated.

Either party may terminate this Agreement upon 30 days' written notice if the other party materially breaches any term and fails to cure such breach within that period. SwarmOS may terminate or suspend access immediately upon notice if Customer: (i) violates the usage restrictions in Section 2.3; (ii) engages in fraudulent or abusive activity; or (iii) poses a risk to platform security or other customers.

Upon termination, all licenses granted hereunder immediately terminate. Customer shall cease all use of the Services. SwarmOS will provide Customer with reasonable access to export Customer Data for up to 30 days post-termination. All outstanding fees become immediately due.

Sections 2.1, 2.3, 2.5, 2.7, 2.8, 4, 5.3, 6, 7, 8, 9.3, 9.4, and 12 survive any termination or expiration of this Agreement.

If Customer believes a suspension was made in error, Customer may appeal to appeals@swarmos.tech. SwarmOS will review the appeal within a commercially reasonable period. SwarmOS's decision on appeal is final.

This Agreement is governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes shall be brought exclusively in the state or federal courts located in New York, New York.

Neither party shall be liable for delays or failures caused by events beyond its reasonable control, including natural disasters, pandemics, governmental actions, or third-party infrastructure failures.

Either party may assign this Agreement without consent in connection with a merger, acquisition, or sale of substantially all assets. Neither party may otherwise assign this Agreement without the other party's written consent. Any assignment to a direct competitor of SwarmOS is prohibited.

SwarmOS may modify this Agreement by posting an updated version at swarmos.tech/terms with at least 30 days' notice before changes take effect. Continued use of the Services after the effective date constitutes acceptance.

If any provision of this Agreement is found unenforceable, the remaining provisions continue in full force and effect.

This Agreement, together with any applicable order forms and the Privacy Policy, constitutes the entire agreement between the parties and supersedes all prior agreements, representations, and negotiations regarding its subject matter.

Failure by either party to enforce any provision of this Agreement shall not constitute a waiver of future enforcement of that or any other provision.

Legal notices must be in writing, in English, and sent by certified mail, overnight courier, or email with confirmation of receipt to the addresses on record. Notices to SwarmOS should be sent to:

The parties are independent contractors. Nothing in this Agreement creates any partnership, joint venture, employment, franchise, or agency relationship.