Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and Swarm ("we," "us," or "our") governing your access to and use of the Swarm platform at useswarm.co and all associated services (the "Service").

By creating an account or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Service

Swarm is an AI-powered user experience testing platform that enables product teams to:

• Run automated browser-based tests against web applications using realistic AI personas
• Capture screenshots and generate reports from simulated user sessions
• Receive actionable UX insights, severity-scored findings, and improvement recommendations
• Manage test configurations, personas, and results within team organizations
• Integrate testing workflows with third-party project management tools

3. Account Registration

3.1 Eligibility

You must be at least 16 years old to use the Service. By creating an account, you represent that you meet this requirement.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must:

• Provide accurate and complete registration information
• Verify your email address when prompted
• Keep your password secure and not share it with others
• Notify us immediately of any unauthorized access to your account

3.3 Organizations

You may create or join organizations to collaborate with team members. Organization owners and admins are responsible for managing members, roles, and permissions within their organization. Seat limits and feature access are determined by your subscription plan.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

• Test websites or applications you do not own or have explicit authorization to test
• Use the Service to perform denial-of-service attacks, stress testing, or load testing against third-party systems
• Attempt to circumvent security measures, rate limits, or access controls of the Service
• Use the Service to scrape, harvest, or collect data from websites without authorization
• Submit malicious URLs, payloads, or configurations intended to compromise the Service
• Use the Service to violate any applicable law, regulation, or third-party rights
• Reverse-engineer, decompile, or disassemble any part of the Service
• Resell, sublicense, or redistribute access to the Service without our written consent
• Use the Service to generate spam, phishing content, or fraudulent communications

5. Test Execution & Your Content

5.1 Your Content

You retain ownership of all content you submit to the Service, including target URLs, test configurations, persona definitions, and authentication credentials ("Your Content"). By using the Service, you grant us a limited, non-exclusive license to process Your Content solely for the purpose of providing the Service to you.

5.2 Authentication Credentials

If you provide authentication credentials (login details or session cookies) for testing authenticated flows, you represent that you are authorized to use and share those credentials for testing purposes. All credentials are encrypted using AES-256-GCM before storage and are decrypted only during active test execution.

5.3 Screenshots & Test Artifacts

During test execution, the Service captures screenshots and generates reports from your target application. These artifacts are stored securely and are accessible only to members of your organization. You are responsible for ensuring that test artifacts do not capture sensitive end-user data from your application.

5.4 No Training on Your Data

We do not use Your Content, including test data, screenshots, credentials, or any information from your target applications, to train AI or machine learning models. Your data is processed solely to deliver the Service.

6. Subscription & Payment

6.1 Plans

The Service is available under various subscription plans, including a free tier with limited features. Paid plans offer additional capabilities, higher usage limits, and expanded seat counts for your organization.

6.2 Billing

Paid subscriptions are billed in advance on a recurring basis through Stripe, our payment processor. By subscribing, you authorize us to charge your payment method on file. All fees are quoted in USD unless otherwise stated.

6.3 Cancellation

You may cancel your subscription at any time through your account settings. Upon cancellation, you will retain access to paid features until the end of your current billing period. We do not provide prorated refunds for partial billing periods.

6.4 Changes to Pricing

We may change our pricing with 30 days' advance notice. Price changes will take effect at the start of your next billing cycle following the notice period.

7. Intellectual Property

7.1 Our Property

The Service, including its software, design, documentation, trademarks, and all associated intellectual property, is owned by Swarm and protected by applicable intellectual property laws. Nothing in these Terms grants you any right to use our trademarks, logos, or branding without prior written consent.

7.2 Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without obligation to you.

8. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using the Service, you consent to the data practices described in our Privacy Policy.

9. Service Availability & Support

9.1 Uptime

We strive to maintain 99.9% uptime for the Service. However, the Service is provided "as is" and we do not guarantee uninterrupted availability. Scheduled maintenance windows will be communicated in advance when possible.

9.2 Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time. We will provide reasonable notice for material changes that affect your use of the Service.

10. Limitation of Liability

To the maximum extent permitted by law, Swarm and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising out of or related to your use of the Service.

Our total aggregate liability for any claims arising under these Terms shall not exceed the amount you paid us in the twelve (12) months preceding the event giving rise to the claim.

11. Indemnification

You agree to indemnify and hold harmless Swarm, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including testing websites without authorization
• Any content you submit to the Service

12. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will be error-free, secure, or uninterrupted, or that test results will be accurate or complete. UX insights and recommendations generated by the Service are AI-assisted suggestions and should not be treated as definitive assessments.

13. Termination

13.1 By You

You may terminate your account at any time by contacting us or through your account settings. Upon termination, your access to the Service will cease and we will delete your data in accordance with our Privacy Policy.

13.2 By Us

We may suspend or terminate your access to the Service if you violate these Terms, fail to pay applicable fees, or engage in conduct that we reasonably believe is harmful to the Service or other users. We will provide notice before termination when practicable.

13.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination (including Limitation of Liability, Indemnification, and Dispute Resolution) will continue to apply.

14. Dispute Resolution

Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved within 30 days, it shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in English.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

16. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after changes constitutes acceptance of the updated Terms.

17. General Provisions

• Entire Agreement — These Terms, together with the Privacy Policy, constitute the entire agreement between you and Swarm regarding the Service.
• Severability — If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
• Waiver — Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
• Assignment — You may not assign your rights under these Terms without our prior written consent. We may assign our rights without restriction.

18. Contact Us

If you have any questions about these Terms, please contact us at: