Application Terms and Conditions

modified as of 28 January 2025

These terms and conditions (the “Terms”) govern the use of the Swarm.work Application (the “Application”), and any other related Agreement or legal relationship with Swarm Tech Inc. (the “Owner”) and is legally binding for all users (the “User”) of the Application, whether they choose to sign up as a member of the Application.

Capitalized words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

Any other contract or agreement entered into between the Owner and the Users, or between the Users for a specific project or undertaking (hereinafter, a “Project”) shall be governed by these Terms in a suppletory manner, however; in the event of a conflict between the terms thereof and these Terms the terms of the contract or agreement shall prevail over the provisions of these Terms but only insofar as the Project is concerned, and not the general use of or access to the Application.

Nothing in these Terms shall be construed to create any relationship of employment, agency, or partnership between the involved Owner and the Users.

The Application is operated and owned by the Owner, and all intellectual property associated with it. You may contact the Owner as follows:

Swarm Tech Inc.

2810 N Church St PMB 26316

Wilmington, Delaware 19802-4447 US

Email: privacy@swarm.work

The Application refers to -

• website accessible at Swarm.work, including its subdomains and any other website through which the Owner makes certain services (“Service”) available;
• applications for mobile, tablet and other smart device systems;
• any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation;

What the User should know at a glance

Some provisions in these Terms may only apply to certain categories of Users, or when Users avail of products and/or services through the Application.

How the Application works

The Application helps Users find other Users to collaborate and work with for certain projects, create content, and connect with like-minded individuals. To this end, the Application helps select the best-matching community members and introduces them to other Users. A User who wishes to be compensated for work is referred to as a “Builder” and a User who engages another User for work is a “Client”. When a contract between a Client and a Builder is concluded, the Owner may charge a fee for the use of the Application (the “Platform Fee”) or charge a fee for referring Builders (“Referral Fee”) as may be agreed by the parties.

By accepting the Terms, Users fully and unconditionally release and forever discharge the Owner, its officers, directors, employees, and agents from any and all claims, demands, and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with

• disputes between Users, or any other person or entity,
• the use of any product or service offered in the Application, including, without limitation, any and all claims that such use violates any of User’s intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity, or
• Users’ activity on the Application, including, but not limited to, Users’ legal capacity, ability to complete a transaction, or pay the associated costs. User acknowledges and agrees that the Owner has no control over, and shall have no liability for any damages resulting from the use or misuse by any other person or entity of any products or services.

The Application merely serves as a technical infrastructure or Application to allow Users to interact with each other. The Owner therefore is not directly involved in any such interactions between Users.

These Terms apply to the described usage of the Application only. Unless otherwise stated, these Terms also apply to transactions between Users by reference. However, this does not imply and should not in any way be construed to mean that the Owner is a party to such transactions.

Account registration

To use the Application, Users must register or create a User account, providing all required data or information in a complete and truthful manner.

Users are solely responsible for keeping their login credentials confidential and safe. Users should choose passwords that meet the highest standards of strength permitted by the Application. Users are fully responsible for all activities that occur under their username and password.

Users are required to immediately and unambiguously inform the Owner via the contact details above, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed, stolen, or compromised.

Conditions for account registration

Registration of User accounts on the Application is subject to the conditions outlined below. By registering, Users agree that they meet the following conditions:

• User should be at or above the legal age in the country/jurisdiction where he/she is a resident, and if not, agrees to secure the necessary legal consents to enter into a legally binding contract;
• Accounts registered by bots or any other automated methods are not permitted;
• User must register only one account;
• User account may not be shared with other persons.

Account termination

Users can terminate their account and stop using the Application at any time by directly contacting the Owner at the contact details provided in this document.

Account suspension and deletion

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.

Content on this Application

Unless where otherwise specified or clearly recognizable, all content available on the Application is owned by or provided by the Owner or its licensors (“Swarm Content”), except for content directly shared, posted or provided by Users (“User Content”).

Rights regarding content on this Application - All rights reserved

The Owner holds and reserves all intellectual property rights for the Swarm Content. Users may not therefore use Swarm Content in any way that is not necessary or implicit in the proper use of the Application and contrary to these Terms.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on the Application, nor allow any third party to do so through the User or their device, even without the User's knowledge.

Users acknowledge and accept that by sharing, posting, or providing User Content on this Application they grant the Owner a non-exclusive, fully paid-up and royalty-free license to process such content for the operation and maintenance of the Application, for sharing on social media, or as contractually and statutorily required. Users likewise acknowledge that by sharing, posting, or providing User Content, they grant other Users the right to process and/or share the User Content on the Application or on social media. To the extent permitted by applicable law, Users waive any moral rights in connection with their User Content.

Liability for provided content

Users are solely liable for any content they upload, post, share, or provide through the Application. Users acknowledge and accept that the Owner does not filter or moderate such content.

Access to external resources

Through this Application, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

How to file a takedown notice (called a “DMCA notice”)

If copyright holders or their agents believe that any content on the Application infringes upon their copyrights, they may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the Owner’s Copyright Agent with specific information in writing. Failure to comply with all of the requirements outlined above may result in invalidity of the DMCA notice. Copyright infringement notifications may be submitted to the Owner’s Copyright Agent at the following address: support@swarm.work

Acceptable use

The Application may only be used within the scope of what they are provided for, under these Terms and applicable law. Users are solely responsible for making sure that their use of the Application violates no applicable law, regulations or third-party rights. Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Application, terminating contracts, reporting any misconduct performed through this Application to the competent authorities.

Prohibited Conduct

Swarm is a community of professionals and is a safe and positive place where people can collaborate, share ideas, and work on projects together. To keep it this way, Users agree not to engage in any form of bullying, harassment, hate speech, or upload inappropriate content as determined by the website administrators.

Liability and indemnification

Disclaimer of Warranties

The Application is provided strictly on an “as is” and “as available” basis. Use of the Application is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory, or otherwise.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents be liable for any indirect, punitive, incidental, special, consequential or exemplary damages related to the use of the Application; and any unauthorized access to or use of the Owner’s secure servers.

Common Provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. Such changes will only apply prospectively. The continued use of the Application will signify the User’s acceptance of the revised Terms.

Contact

All communications relating to the use of this Application must be sent using the contact information stated in this document.

Governing law

These Terms are governed by the law of the State of Delaware.

Dispute resolution

Users may bring any disputes relating to the use of the Application to the Owner who will try to resolve them amicably. In the event of any conflict, Users are kindly asked to contact the Owner at the contact details provided in this Terms.