Welcome to the Terms of Use for Swarm.ai

  1. Generally
    Use of our services is subject to this agreement ("user agreement" or "agreement") between Unanimous A.I., Inc. ("Unanimous", "we", "our", "us") and you, the Swarm.ai user. This agreement sets forth the terms of your use of our Swarm.ai website and services, including, without limitation, mobile applications, rooms and Swarm® Sessions (collectively, the "Service"). For purposes of this agreement, "Swarm Session" means our proprietary method of connecting people online in real-time systems on our Swarm.ai website. This agreement is a legal contract between you and us. You acknowledge that you have read, understood, and agree to be bound by the terms of this agreement. If you do not agree to this agreement, you should not use the Service. This user agreement is the entire agreement between you and us concerning the Service. It supersedes all prior or contemporaneous agreements between you and us. We may modify this user agreement at any time without notice. You agree to regularly review this page for changes, which will be binding on you.
  2. Data Protection
    1. We take data protection seriously. Please see our Swarm.ai privacy policy (the "Privacy Policy") for information on how we may use or share your data. For example, it explains how we may use information from Swarm Sessions to provide services to third parties who have engaged us to conduct market research and/or provide decision-making advice. The Swarm.ai Privacy Policy also describes certain rights related to your personal information.

  3. Access and Scope
    1. Without advance notice and at any time, we may, for violations of this agreement or for any other reason we choose: (1) suspend your access to the Service, (2) suspend or terminate Your Account, and/or (3) remove any of your User Content from the Service.
    2. We reserve the right to monitor the Service, and your use of the Service means you agree to such monitoring. However, we do not guarantee that we will monitor at all.
    3. You may not use the Service to break the law, violate an individual's privacy, or infringe any person or entity's intellectual property or any other proprietary rights.
    4. We are not responsible for any decisions you make based on something you see or participate in on our Service. You agree that you must evaluate, and bear all risks associated with the use of our Service, including, without limitation, any reliance on the accuracy, completeness or usefulness of any information on our Service. We do not provide financial or investing advice. We do not advise you to gamble based on information you see on our Service. You may not use our Service to gamble in jurisdictions where it is illegal. Nothing in our Service is intended for trading or investing purposes. Neither Unanimous nor its contributors and licensors is responsible or liable for any information you see on our Service or how you use such information.
    5. The Service is not intended to be a marketplace for any goods or services. However, you may find commercial links, coupons, deals and other third-party offers on the Service. In addition, Unanimous may have affiliate relationships with certain of these third parties and may receive compensation for any purchase made from them. Unanimous is not a party to, nor in any way responsible for, any transactions you have with these third parties, even if Unanimous has an affiliate relationship with such parties. For this reason, any transactions you undertake are your responsibility alone.
    6. You may not use the Service to conduct transactions for any illegal goods or services.
    7. If you provide us with any information or materials that relates to our products or business, such as suggested changes or modifications to the Service ("Feedback"), we are free to use that Feedback for our own business purposes in any manner we choose.
  4. Your Account
    1. To participate in our Service, you may be asked to create an account that includes a username and password ("Your Account").
    2. You are solely responsible for the information you provide for Your Account.
    3. You may not license, transfer, sell, or assign Your Account without our written approval.
  5. Swarm.ai Content
    1. The Service may contain graphics, text, photographs, images, video, audio, software, code, website compilation and website "look and feel" supplied by us and/or our licensors, which we call "Swarm.ai content." Swarm.ai content is protected by intellectual property laws including copyright and other proprietary rights of the United States and foreign countries. No right, title or interest in or to the Swarm.ai content or any content on the website is transferred to you, and all rights not expressly granted are reserved by us.
    2. We grant you the right to access the Swarm.ai content in the manner described in this agreement. You may not otherwise make unauthorized commercial use of, reproduce, prepare derivative works, distribute copies, perform, or publicly display Swarm.ai content, except as permitted by the doctrine of fair use or as authorized in writing by us.
  6. Your Content
    1. You retain the rights to your copyrighted content or information that you submit to the Service ("User Content") except as described below. User Content includes any content that has to do with your interaction with the Service, including for example how you behave as a Swarm Session participant. You acknowledge and agree that User Content may become publicly accessible.
    2. Except as otherwise agreed in a signed writing, by submitting User Content to the Service, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to reproduce, prepare derivative works, distribute copies, perform, or publicly display your user content in any medium and for any purpose, including commercial purposes, and to authorize others to do so.
    3. You agree that you have the right to submit any content you post, and that your user content does not violate the copyright, trademark, trade secret or any other personal or proprietary right of any other party.
    4. For purposes of clarification, your retained rights described here only relate to your User Content, and not to the results of any use of the Service, such as the results of a Swarm Session, which is owned exclusively by us. Except as otherwise agreed in a signed writing, you are expressly prohibited from the distribution or sale of any results of a Swarm Session or of any other results of the Service.
  7. Content Policy
    1. We take no responsibility for, we do not expressly or implicitly endorse, and we do not assume any liability for any User Content submitted by you to Swarm.ai. Nor do we assume any liability for any user content submitted by other users to Swarm.ai. This content might be humorous, juvenile, serious, offensive, or some combination of the above. Content may not be posted on the Swarm.ai site if it is illegal; is pornography; encourages or incites violence; threatens, harasses or bullies others or encourages such behavior; is personally identifiable or confidential information; impersonates someone in a misleading fashion; or is spam.
    2. Content displayed on the Service may include third-party links posted by users. We are not responsible for the content or actions of any third party websites or services associated with posted links. You agree to take sole legal responsibility for any links you post, and neither this agreement nor the Swarm.ai Privacy Policy applies to any content on other websites related to those links. You should consult the terms and privacy policies of those other websites to understand your rights.
    3. We also prohibit engaging in manipulation of the processing or activity of Swarm Sessions; doing anything that interferes with others’ normal use of the Service; and creating multiple accounts to evade our policies and restrictions.
    4. Content that contains nudity or profanity, which a reasonable viewer may not want to be seen accessing in a public or formal setting such as in a workplace, should be tagged as NSFW. This tag can be applied to individual pieces of content or to entire Swarm Sessions.
    5. We may enforce this agreement utilizing any legal means including, without limitation, removing content; temporary or permanent suspension of accounts; removing posting or other privileges from accounts; adding restrictions to accounts; restricting rooms or adding NSFW labels; and terminating rooms.
    6. You may not post any graphics, text, photographs, images, video, audio or other material that we deem to be junk or spam.
    7. You are prohibited from posting or transmitting any virus, worm, Trojan horse, spyware or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
    8. You may not obstruct any user's actions to delete or edit their content on the Service.
  8. Moderators
    You agree that Unanimous is not responsible for the actions taken or not taken by Swarm Session moderators.
  9. Security
    1. You agree not to interrupt the serving of the Service, introduce malicious code onto the Service, make it difficult for anyone else to use the Service or the Service’s systems, attempt to manipulate Swarm Session processes, the behavior of other users or the Service’s systems, or assist anyone in misusing the Service in any way.
    2. You agree to report and not exploit security vulnerabilities of which you become aware. To report a security issue, please send an email to [email protected].
    3. If we become aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, personal data ("Security Incident"), we will take reasonable steps to notify you promptly and without undue delay. We will also reasonably cooperate with you with respect to any investigations relating to a Security Incident with preparing any required notices, and provide any other information reasonably requested by you in relation to any Security Incident, where such information is not already available to you online through updates provided by us.

  10. Children and the Service
    The Service is not directed at people under the age of 16, and the Service does not knowingly collect any personal information from such people. If you know that a user under the age of 16 is accessing the Service, please contact us at [email protected].
  11. Copyright, the DMCA & Takedowns
    1. We will respond to legitimate requests under the Digital Millennium Copyright Act ("DMCA"), and we retain the right to remove user content on the Service that we deem to be infringing the copyright of others. If you become aware of user content on the Service that infringes your copyright rights, you may submit a properly formatted DMCA request (see 17 U.S.C. § 512) to us.
    2. Misrepresentations of infringement can result in liability for monetary damages. You may want to consult an attorney before taking any action pursuant to the DMCA. Any DMCA request should be sent to this contact information:

      Copyright Agent
      Unanimous A.I., Inc.
      2443 Fillmore Street, #116
      San Francisco, CA 94115
      [email protected]

    3. Please send our Copyright Agent the following information:
      1. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
      2. Identification of the copyrighted work claimed to have been infringed, or a representative list of such works;
      3. The URL or Internet location of the materials claimed to be infringing or to be the subject of infringing activity, or information reasonably sufficient to permit us to locate the material;
      4. Your contact information;
      5. Your name, address, telephone number and email address;
      6. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law; and
      7. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
    4. If we remove your User Content in response to a copyright or trademark notice, we will try to notify you. If you believe your user content was wrongly removed due to a mistake or misidentification of the material, you can file a counter-notice with us that includes the following:
      1. Your physical or electronic signature;
      2. Identification of the material that has been removed or to which access has been disabled and where the material was located online before it was removed or access to it was disabled;
      3. A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
      4. Your contact information, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under DMCA 512 subsection (c)(1)(c) or an agent of such person.
    5. Upon receiving a counter-notice we will forward it to the complaining party and tell them we will restore your content within 10 business days. If that party does not notify us that they have filed an action to enjoin your use of that content on the Service before that period passes, we will consider restoring your user content to the site.
    6. It is Unanimous' policy to close the accounts of users we identify as repeat infringers. We apply this policy at our discretion and in appropriate circumstances, such as when a user has repeatedly been charged with infringing the copyrights or other intellectual property rights of others.
  12. Indemnification, Disclaimer of Warranties and Limitations on Liability
    1. You agree to hold Unanimous, its affiliates, officers, directors, employees, agents, and third party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including attorneys' fees and costs, arising out of or related to your access to or use of the Service, your violation of this user agreement, and/or your violation of the rights of any third party or person.
    2. The Service is provided "as is" and without warranty of any kind. To the maximum extent permitted by law, we and our affiliates and third party service providers disclaim any and all warranties, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, or any other warranty, condition, guarantee or representation, whether oral or electronic. You are solely responsible for any damage to your computer or mobile device, loss of use, or loss of your user content. We do not guarantee that the Service will always work properly.
    3. We will not be liable for any special, consequential, indirect, incidental, punitive, reliance, or exemplary damages, whether in tort, contract, or any other legal theory, arising out of or in any way connected with this agreement or your use of or attempt to use the Service, including (but not limited to) damages for loss of profits, goodwill, use, or data. This limitation on liability shall not be affected even if we have been advised of the possibility of such damages. Some states do not allow for the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you. You may have other rights that vary from state to state.
    4. You agree to release us, our affiliates, and third-party service providers, and each associated director, employee, agents, and officers, from claims, demands and damages (actual and consequential), of every kind and nature, known and unknown, disclosed or undisclosed, arising out of or in any way connected to your use of the Service.
  13. Miscellaneous
    1. 12.1. If you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns here or by emailing us at [email protected].
    2. The headings in this agreement are for convenience and do not control any of its provisions.
    3. Any claim or dispute between you and us arising out of or relating to this user agreement, in whole or in part, shall be governed by the laws of the State of California without respect to its conflict of laws provisions. We agree and you agree to submit to the personal jurisdiction and venue of the state and federal court located in San Francisco County, California.
    4. If any provision of this user agreement is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of this agreement.
    5. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, or agency relationship between you and us. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent.
    6. If we do not enforce any right or provision in this user agreement, that is not to be deemed a waiver of our right to do so in the future.