Swarmd provides a platform for governing, monitoring and auditing AI agent workflows (the “Services”). Functionality may include policy authoring and versioning, runtime enforcement of customer-authored policies expressed in Rego and evaluated via Open Policy Agent, middleware orchestration, human-in-the-loop review, tamper-evident audit logging, and observability tooling.

We may add, modify, suspend or discontinue features or functionality from time to time. Where a change materially reduces functionality on a paid subscription plan, we will provide reasonable notice where practicable.

Certain functionality may depend on third-party infrastructure, integrations, or service providers. The Services may not be uninterrupted, error-free or available at all times.

The Services are offered under two deployment models, and some terms apply differently depending on the model under which you use them:

• Swarmd-Hosted Service — the Services are hosted, operated and managed by Swarmd on infrastructure that Swarmd controls, and you access them as a cloud service. Except where these Terms state otherwise, all provisions of these Terms apply to the Swarmd-Hosted Service.
• Self-Hosted Deployment — the Services are installed and run by you within your own infrastructure or a private environment you control (for example, on-premise or within your own cloud tenancy). The terms in this section apply to, and take precedence for, Self-Hosted Deployments.

For a Self-Hosted Deployment, the following additional terms apply and take precedence over any conflicting provision of these Terms:

• Licence to the software. Subject to your compliance with these Terms and payment of applicable fees, Swarmd grants you a limited, non-exclusive, non-transferable, non-sublicensable licence to install and run the Services within your own environment for your internal business purposes during the applicable subscription or licence term. You must not copy (other than a reasonable number of back-up copies), modify, adapt, translate, distribute, sublicense, rent, lease or make the software available to any third party, except as expressly permitted in these Terms or by applicable law.
• Your data stays in your environment. Swarmd does not host, receive, access, store or process Customer Data or any operational personal data in a Self-Hosted Deployment. Customer Data, audit events, human-in-the-loop records, traces, telemetry and all other operational data remain entirely within your environment. The licence you grant Swarmd under the “Your data and content” section to host, process, display and retain Customer Data does not apply to Self-Hosted Deployments.
• Licence-key validation is the only communication with Swarmd. The software validates your licence key with Swarmd on a periodic basis. This is the only data transmitted from a Self-Hosted Deployment to Swarmd, and it contains no Customer Data and no personal data of your users. You must not disable, circumvent, tamper with or interfere with the licence-key validation or other licensing or usage-metering mechanisms; doing so is a material breach of these Terms.
• Your responsibilities. You are solely responsible for the provisioning, configuration, security, availability, monitoring, backup, disaster recovery and lawful operation of the environment in which you run the Services, and for applying updates and patches (including security updates) that Swarmd makes available. You are solely responsible for compliance with all laws and regulations applicable to your operation of the Services and to the data you process within your environment, and you act as the controller and/or processor of that data.
• Swarmd-operated safeguards and service levels do not apply. Any service levels, uptime targets, availability guarantees, monitoring, hosting, backup or security measures that Swarmd provides for the Swarmd-Hosted Service do not apply to Self-Hosted Deployments. The availability, performance, resilience and security of a Self-Hosted Deployment are your responsibility.
• Support and updates. Swarmd may make updates, patches and new versions of the Services available from time to time. Timely installation of updates is your responsibility, and support is provided as set out in your subscription plan or a separate written agreement.

You must provide accurate information when creating an account and keep such information up to date. You are responsible for all activities conducted through your account and for maintaining the confidentiality and security of account credentials. Shared credentials and unauthorised account sharing are prohibited.

You must notify us promptly if you suspect unauthorised access to or use of your account.

You must be at least 18 years old to use the Services.

You agree not to:

• use the Services in breach of any applicable law, regulation or third-party rights;
• circumvent, disable or interfere with or compromise the security, integrity or operation of the Services, including rate limits, authentication mechanisms or access controls;
• reverse engineer, decompile, disassemble or otherwise attempt to derive source code or underlying logic from the Services except to the extent expressly permitted by applicable law;
• use the Services to develop, train, benchmark or improve competing products or services;
• use the Services to generate, distribute or facilitate malicious code, spam, unlawful content or content infringing intellectual-property, confidentiality or privacy rights;
• deploy AI systems via the Services in a way that breaches applicable AI or product-safety regulation, including the EU AI Act, the UK’s AI regulatory framework, and any sectoral rules applicable to your deployment;
• submit policies, Rego source, or prompts that are designed to compromise the Services, evade audit mechanisms or gain unauthorised access to customer data or systems.

We may suspend or restrict access to the Services where we reasonably believe a breach of this Section has occurred.

You retain all rights to the data, configuration and content you submit into the Services (“Customer Data”), including policy source code, routing configuration, and the content of agent interactions that pass through the platform. You grant Swarmd a worldwide, non-exclusive, royalty-free licence to host, process, display and retain Customer Data solely as necessary to provide, secure, maintain and improve the Services and to generate and preserve audit records and system integrity.

The licence granted in the preceding paragraph applies to the Swarmd-Hosted Service. In a Self-Hosted Deployment, Customer Data remains within your own environment and Swarmd does not receive, access or process it, as set out in the “Deployment models and self-hosted terms” section.

Certain audit records, policy histories, runtime events and human-in-the-loop records are designed to preserve evidential integrity and operational reliability and may therefore be retained in immutable or append-only form where reasonably necessary for security, legal, operational or compliance purposes.

You are solely responsible for Customer Data, including its legality, accuracy, and reliability, and for obtaining all rights, permissions and lawful bases necessary for its use in connection with the Services.

Paid subscription plans are billed in advance on the billing cycle specified at the time of purchase or renewal. Unless otherwise stated, all fees are non-refundable and exclusive of VAT and any other applicable taxes or duties which shall be payable by the Customer.

Billing is processed by Stripe, a third-party payment provider. Swarmd does not store or process payment card details directly. We may revise pricing on renewal by providing at least 30 days’ prior notice. If payment is overdue, we may suspend or restrict access to the Services until all outstanding amounts are paid.

Free trials and features labelled “beta”, “preview” or similar are provided on an “as is” and “as available” basis.

Such features may be modified, suspended or withdrawn at any time without notice. Beta and trial features are excluded from any service-level commitments or warranties.

The Services, including all software, APIs, documentation, workflows, interfaces, branding, aggregated analytics, and platform-generated records such as hash-chained audit logs, and related intellectual property rights are owned by Swarmd or our licensors.

Subject to compliance with these Terms, Swarmd grants Customers a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services during the applicable subscription term (and, for Self-Hosted Deployments, the software licence described in the “Deployment models and self-hosted terms” section). Except as expressly stated in these Terms, no rights are granted to Customer.

Any feedback, suggestions or recommendations provided by Customer regarding the Services may be used by Swarmd without restriction or compensation.

The Services may integrate with or depend upon third-party products, infrastructure or services including identity providers, model providers, and observability tools. Your use of such third-party services may be subject to separate third-party terms and conditions. Swarmd does not control and is not responsible for third-party products or services, including their availability, security, functionality or performance.

Swarmd does not guarantee the continued availability or compatibility of any third-party integration.

Each party shall keep confidential all non-public information disclosed by the other party that is identified as confidential or would reasonably be understood to be confidential (“Confidential Information”).

Each party shall use at least reasonable care to protect the other party’s Confidential Information and shall use such information solely for the purposes of exercising rights or performing obligations under these Terms.

Confidential Information does not include information that:

• (a) is or becomes publicly available without breach of these Terms;
• (b) was lawfully known to the receiving party before disclosure;
• (c) is lawfully received from a third party without restrictions; or
• (d) is independently developed without use of the disclosing party’s Confidential Information.

A party may disclose Confidential Information where required by law, regulation or court order, provided it gives reasonable prior notice where legally permitted.

The Services enable Customer to create, configure, evaluate and enforce policies and governance workflows in connection with AI systems and operational processes.

Policy evaluation outcomes depend upon Customer-authored policies, prompts, configurations, runtime inputs, integrations and deployment environments provided or controlled by Customer.

Swarmd does not review, validate or approve Customer-authored policies, prompts, configurations or AI deployments and does not warrant that the Services will achieve any particular legal, regulatory, operational, safety or business outcome.

The Services do not constitute legal, regulatory, compliance, risk management or professional advice.

Customer is solely responsible for:

• (a) authoring, testing and validating policies and configurations;
• (b) determining whether the Services are suitable for Customer’s intended use cases;
• (c) compliance with applicable laws, regulations and industry requirements; and
• (d) decisions, actions, outputs and deployments arising from or connected with use of the Services.

Swarmd is intended to function as a governance, monitoring and operational tooling layer supporting customers in their own compliance and governance obligations, including under applicable AI-related legislation and regulatory frameworks.

Each party warrants that it has the authority to enter into and perform its obligations under these Terms. Except as expressly stated, the Services are provided on an “as is” and “as available” basis.

To the maximum extent permitted by applicable law, Swarmd disclaims all warranties, conditions, and representations whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement and error-free operation.

Unless expressly agreed otherwise in writing, Swarmd does not provide any service-level agreement or guaranteed uptime commitment under these Terms.

Any service-level commitments, uptime targets or service credits shall apply only where expressly set out in a separate written agreement executed by Swarmd, and apply to the Swarmd-Hosted Service only. The availability, performance and operation of a Self-Hosted Deployment are the Customer’s responsibility, as set out in the “Deployment models and self-hosted terms” section.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under applicable law.

Subject to the above, neither party shall be liable to the other for any:

• (a) indirect or consequential loss;
• (b) loss of profits;
• (c) loss of revenue;
• (d) loss of anticipated savings;
• (e) loss of goodwill;
• (f) business interruption; or
• (g) loss or corruption of data.

To the maximum extent permitted by law, each party’s total aggregate liability arising out of or in connection with these Terms or the Services shall not exceed the total fees paid or payable by Customer to Swarmd during the twelve-month period preceding the event giving rise to the claim.

No claim arising out of or relating to these Terms may be brought more than twelve months after the cause of action arose.

Customer shall indemnify and hold harmless Swarmd, its affiliates, officers, employees and contractors against claims, liabilities, damages, losses and expenses arising from:

• (a) Customer’s breach of these Terms;
• (b) Customer Data;
• (c) Customer’s use of the Services in breach of applicable law; or
• (d) Customer-authorised policies, prompts, configurations, or deployments.

Swarmd shall defend Customer against third-party claims alleging that Customer’s authorised use of the Services infringes intellectual property rights, provided that Customer:

• (i) promptly notifies Swarmd of the claim;
• (ii) gives Swarmd sole control of the defence and settlement of the claim; and
• (iii) provides reasonable cooperation at Swarmd’s expense.

Swarmd shall have no obligation under this Section where a claim arises from:

• (A) unauthorised modifications to the Services;
• (B) use of the Services in combination with third-party products not supplied by Swarmd; or
• (C) Customer Data or Customer-authored content.

Each party shall comply with applicable data protection laws, including the UK GDPR and the Data Protection Act 2018.

For the Swarmd-Hosted Service, Swarmd’s processing of personal data on Customer’s behalf is described in our Privacy Policy, and Swarmd acts as a processor acting on Customer’s documented instructions. For a Self-Hosted Deployment, Swarmd does not receive, access or process Customer’s operational personal data and does not act as a processor of it; Customer is solely responsible, as controller and/or processor, for personal data processed within its own environment.

Customer acknowledges and agrees that, in connection with the Swarmd-Hosted Service, Swarmd may engage subprocessors and international service providers, subject to appropriate safeguards and transfer mechanisms where required by applicable laws.

Either party may terminate these Terms for material breach by the other party that remains uncured for 30 days after written notice.

Swarmd may suspend or restrict access to the Services immediately where reasonably necessary to:

• (a) prevent security, legal or operational risk;
• (b) respond to suspected abuse or unauthorised activity;
• (c) comply with applicable law or regulatory obligations; or
• (d) address non-payment of fees.

Either party may terminate these Terms immediately if the other party becomes insolvent, enters administration or liquidation, ceases business operations or becomes unable to pay its debts as they fall due.

Upon termination:

• (i) Customer’s right to access and use the Services shall cease immediately, and for Self-Hosted Deployments Customer shall cease using and, at Swarmd’s request, remove the software from its environment; and
• (ii) for the Swarmd-Hosted Service, Swarmd may delete Customer Data following a reasonable retention period, except where retention is required for legal, security, evidential, operational or compliance purposes.

Sections relating to intellectual property, confidentiality, fees, liability limitations, indemnities, audit integrity and dispute resolution shall survive termination.

Swarmd may update or modify these Terms from time to time. Where changes materially affect Customer’s rights or obligations, Swarmd shall provide reasonable notice by email, in-product notification or other appropriate means. Updated Terms shall apply from the stated effective date. Continued use of the Services after the effective date constitutes acceptance of the updated Terms.

These terms and any dispute or claim arising out of or in connection with them or the Services shall be governed by and construed in accordance with the laws of England and Wales.

The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or the Services.

Questions regarding these Terms or the Services may be directed to [email protected].