Terms of Service | SellSwarm AI

Welcome to SellSwarm AI. Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the sellswarm.ai website and the SellSwarm AI platform (the "Service") operated by SellSwarm AI Inc. ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

1. Accounts

When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

2. Subscriptions and Billing

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or SellSwarm AI Inc. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide SellSwarm AI Inc. with accurate and complete billing information. By submitting such payment information, you automatically authorize SellSwarm AI Inc. to charge all Subscription fees incurred through your account to any such payment instruments.

3. Free Trial

SellSwarm AI Inc. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial"). You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged bySellSwarm AI Inc. until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

4. Acceptable Use

You agree not to use the Service to:

Send unsolicited commercial messages ("spam") in violation of applicable laws, including CAN-SPAM, GDPR, and CCPA
Harvest, collect, or gather user data without consent
Send deceptive, fraudulent, or misleading content
Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
Interfere with or disrupt the Service or servers or networks connected to the Service
Attempt to gain unauthorized access to any portion of the Service or any other systems or networks
Use the Service for any illegal or unauthorized purpose
Violate any applicable federal, state, local, or international law or regulation

You are solely responsible for ensuring that your use of the Service, including all email campaigns and outreach activities, complies with all applicable laws and regulations, including but not limited to CAN-SPAM Act, GDPR, CCPA, and any other applicable anti-spam and data protection laws.

5. Email Sending and Compliance

By using our email sending features, you agree to:

Only send emails to recipients who have a legitimate business relationship with you or have otherwise consented to receive communications
Include accurate sender information and a valid physical postal address in all emails
Honor all unsubscribe requests promptly (within 10 business days)
Not use deceptive subject lines or misleading header information
Maintain accurate and up-to-date email lists
Comply with all applicable anti-spam laws in your jurisdiction and the jurisdiction of your recipients

We reserve the right to suspend or terminate your account if we determine, in our sole discretion, that you are sending spam or otherwise violating these Terms or applicable laws.

6. Intellectual Property

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of SellSwarm AI Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SellSwarm AI Inc..

7. User Content and Submitted Data

Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post, or display on or through the Service and you are responsible for protecting those rights.

8. Contributory Database and Data Licensing

SellSwarm AI operates a contributory data model. When you submit, upload, or otherwise provide business contact information, lead data, or other professional data to the Service ("Submitted Data"), you acknowledge and agree to the following:

8.1 Perpetual License Grant

You hereby grant SellSwarm AI Inc. an irrevocable, perpetual, indefinite, worldwide, transferable, sublicensable, and royalty-free license to:

Use, copy, store, process, and analyze Submitted Data
Incorporate Submitted Data into our proprietary database (the "Contributory Database")
Make Submitted Data available to other SellSwarm AI customers as part of our Services
Use Submitted Data to grow, enrich, verify, and improve the accuracy of our database
Use Submitted Data as inputs for artificial intelligence and machine learning models
Create derivative works and aggregated or anonymized data products
Sell, license, or otherwise commercialize data derived from Submitted Data

This license is perpetual and survives indefinitely. The license granted herein shall continue in full force and effect even after: (a) termination or expiration of your account; (b) termination of these Terms for any reason; (c) your cessation of use of the Service; or (d) any request by you to delete your account. Once Submitted Data has been incorporated into our Contributory Database, it becomes part of our proprietary data assets and cannot be revoked, recalled, or deleted from our database systems, except as may be required by applicable law.

8.2 Data Ownership and Assignment

You acknowledge and agree that:

Once Submitted Data is incorporated into our Contributory Database, SellSwarm AI Inc. shall have sole and exclusive ownership rights over the compiled, aggregated, and enhanced data
You hereby assign and transfer to SellSwarm AI Inc. all rights, title, and interest in any derivative data, insights, or intelligence created from Submitted Data
The Contributory Database, including all data therein, is the sole property of SellSwarm AI Inc.
You retain no ownership interest in Submitted Data once it has been contributed to the Service
You waive any right to claim ownership, compensation, or royalties related to Submitted Data

8.3 Contributory Database Model

You understand and agree that SellSwarm AI operates a data-sharing business model where:

Submitted Data may be added to our Contributory Database
Submitted Data may be shared with and made available to other SellSwarm AI customers
In exchange, you receive access to data contributed by other customers
We will not publicly identify you as the source of any specific data
SellSwarm AI Inc. may sell, license, or monetize the Contributory Database and its contents

8.4 Representations and Warranties

By submitting data to the Service, you represent and warrant that:

You have the legal right and authority to provide such data to SellSwarm AI
The Submitted Data does not violate any third party's intellectual property, privacy, or other rights
The Submitted Data was obtained through lawful means and in compliance with applicable data protection laws
You have obtained any necessary consents, notices, or approvals required to share such data
The Submitted Data is accurate and complete to the best of your knowledge

8.5 No Expectation of Confidentiality

You acknowledge that Submitted Data should not include any information you wish to remain strictly confidential. SellSwarm AI Inc. is not obligated to treat Submitted Data as confidential and may use it as described in these Terms.

8.6 Data Accuracy Disclaimer

While we strive to maintain accurate data, you acknowledge that you are solely responsible for verifying the accuracy and legal compliance of any business contact information obtained through our Service before using it for any purpose. SellSwarm AI Inc. makes no warranties regarding the accuracy, completeness, or reliability of data in the Contributory Database.

9. AI-Generated Content

Our Service uses artificial intelligence to generate email content, analyze data, and provide recommendations. You acknowledge and agree that:

AI-generated content may not always be accurate, complete, or appropriate for your specific use case
You are solely responsible for reviewing, editing, and approving all AI-generated content before use
We do not guarantee any specific results from the use of AI-generated content
You will not use AI-generated content for any illegal, harmful, or deceptive purposes
We may use your data to improve AI models and services

10. Regulatory Compliance

You acknowledge that the Service is not intended for use in connection with activities regulated by the following laws, and you agree not to use the Service for such purposes:

Fair Credit Reporting Act (FCRA): The Service is not a consumer reporting agency and data from the Service may not be used for credit eligibility, employment screening, tenant screening, or insurance underwriting decisions
Telephone Consumer Protection Act (TCPA): You must obtain proper consent before making telemarketing calls or sending text messages to contacts obtained through the Service
Health Insurance Portability and Accountability Act (HIPAA): The Service is not intended for use with protected health information
Gramm-Leach-Bliley Act (GLBA): The Service should not be used for nonpublic personal information subject to GLBA

11. API Usage and Restrictions

If you access the Service via API, you additionally agree to:

Not exceed rate limits or usage quotas associated with your subscription tier
Not resell, redistribute, or sublicense access to our API or Contributory Database
Not use automated means to scrape, download, or bulk export data beyond authorized limits
Not reverse engineer, decompile, or attempt to extract source code from the Service
Not circumvent or attempt to circumvent any access restrictions or security measures
Keep API credentials secure and notify us immediately of any unauthorized access

12. Third-Party Services

Our Service may contain links to third-party websites or services that are not owned or controlled bySellSwarm AI Inc.. SellSwarm AI Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You further acknowledge and agree that SellSwarm AI Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

13. Limitation of Liability

IN NO EVENT SHALL SELLSWARM AI INC., NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

Your access to or use of or inability to access or use the Service
Any conduct or content of any third party on the Service
Any content obtained from the Service
Unauthorized access, use, or alteration of your transmissions or content

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

14. Disclaimer

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

SELLSWARM AI INC., ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT:

The Service will function uninterrupted, secure, or available at any particular time or location
Any errors or defects will be corrected
The Service is free of viruses or other harmful components
The results of using the Service will meet your requirements

15. Indemnification

You agree to defend, indemnify, and hold harmless SellSwarm AI Inc. and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:

Your use and access of the Service
Your violation of any term of these Terms
Your violation of any third-party right, including without limitation any copyright, property, or privacy right
Any claim that your Content caused damage to a third party
Your email campaigns or outreach activities conducted through the Service

16. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.

If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

17. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Any disputes arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in New York County, New York, and you consent to the personal jurisdiction of such courts.

18. Arbitration

At our sole discretion, we may require you to submit any disputes arising from these Terms or use of the Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law. The arbitration shall take place in New York, NY.

19. Class Action Waiver

YOU AND SELLSWARM AI INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

20. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

21. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

22. Entire Agreement

These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

23. Contact Us

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

By email: legal@sellswarm.ai
By visiting our website: sellswarm.ai