Last updated: August 5, 2026
These Terms of Service ("Terms") are an agreement between Swarm HQ LLC, a Nevada limited liability company ("Swarm", "we", "us"), and the company or person that creates an account or uses Swarm ("you", "Customer"). By creating an account, signing an order or service agreement, or using the service, you agree to these Terms.
Swarm is a commission-tracking platform for sales teams, provided as software-as-a-service at swarmhq.app and app.swarmhq.app (the "Service"). We may improve, change, or add features over time. We will not make a change that materially reduces core functionality you are paying for without reasonable notice.
You are responsible for your account, your users, and keeping login credentials secure. You must give accurate information and promptly update it. You are responsible for everything done under your account. Users you invite (for example, employees with portal logins) are bound by these Terms, and you are responsible for their use.
You agree not to break the law or infringe others' rights using the Service; upload data you don't have the right to use; attempt to breach or probe security, scrape, overload, or reverse-engineer the Service; resell or provide the Service to a third party except your own authorized users; or use the Service to send unlawful or unsolicited messages.
Your data — your sales, employees, payouts, and the information you upload or sync — belongs to you. You grant us a limited license to host, process, and display it solely to provide the Service. You can export your company's data at any time from within the app. We will not sell your data, and we never share one customer's data with another. Our handling of personal information is described in our Privacy Policy.
Paid plans are billed in advance on a recurring monthly basis at the price shown when you subscribe. Payments are processed by Stripe against the payment method on file; Swarm does not store your card or bank numbers. Your first charge is prorated from the end of your free period to the common monthly billing date shown at checkout, and regular billing follows monthly on that date. Unless required by law or stated otherwise, fees are non-refundable. We may change pricing with reasonable notice; changes apply to your next billing period. You are responsible for applicable taxes.
Each plan includes a maximum number of active employee records ("seats"). If your active employees exceed your plan's seat limit for three or more consecutive days, your subscription is automatically upgraded to the smallest plan that fits your team, prorated from the day of the change, and you will be notified in the app and by email. Plans are never downgraded automatically — moving to a smaller plan is always your choice. Deactivated employees do not count against your seat limit.
New subscriptions include a free period shown at signup (currently the first 7 days). You will not be charged during the free period and may cancel during it at no cost. Unless you cancel, billing begins automatically when the free period ends, exactly as presented at checkout.
If a payment fails, we will notify you and retry. If payment continues to fail after notice, we may suspend access until the balance is settled, and may ultimately terminate the subscription. Restoring payment restores access.
You may cancel at any time; cancellation takes effect at the end of your current paid period, and you keep access until then. There is no long-term contract and no cancellation fee. We may suspend or terminate accounts that violate these Terms, fail to pay, or create risk to the Service or others.
The Service includes tools for signing documents electronically (for example, employee onboarding agreements and the customer service agreement). By using them, you and your signers consent to transact electronically, agree that electronic signatures made through the Service are intended to be valid and enforceable to the same extent as handwritten signatures under applicable law, and agree not to contest their validity solely because they are electronic. Signed copies are stored in your account; you are responsible for the content of documents you send for signature.
We work to keep the Service available and reliable but do not guarantee uninterrupted operation. Support is available at support@swarmhq.app. Additional subscription details are described in the Service Agreement.
Swarm offers an optional SMS program: automated account-notification text messages — a text when your commission report is ready, and payday submission reminders — sent only to users who opt in inside their own Swarm account settings.
The Service, its software, and the Swarm name and marks are owned by Swarm and protected by law. These Terms grant you a limited, non-exclusive, non-transferable right to use the Service while your account is in good standing — nothing more. If you send us feedback or suggestions, we may use them to improve the Service without obligation to you.
The Service is provided "as is" and "as available" without warranties of any kind, to the fullest extent permitted by law. Swarm is a tool to help you track and calculate commissions; you are responsible for reviewing and approving payroll and commission figures before paying anyone. We are not your accountant, payroll provider, or financial, tax, or legal advisor, and you remain solely responsible for your obligations to your own employees and contractors, including wage-and-hour compliance.
To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, or consequential damages, or for lost profits or data. Swarm's total liability for any claim arising out of the Service will not exceed the amount you paid us for the Service in the 12 months before the claim. Nothing in these Terms limits liability that cannot be limited under applicable law.
You will defend and hold Swarm harmless from third-party claims to the extent they arise from data you provide to the Service, your breach of these Terms, or your unlawful use of the Service.
We may update these Terms. If we make a material change, we'll give reasonable notice (for example, by email or in-app). Continuing to use the Service after a change means you accept the updated Terms.
These Terms are governed by the laws of the State of Nevada, without regard to conflict-of-laws rules. The parties submit to the state and federal courts located in Nevada for any dispute not subject to other agreed resolution.
Swarm HQ LLC — questions about these Terms: support@swarmhq.app.