Terms of Service

1Acceptance

By creating an account on SwarmCherry, clicking "Start Free", or otherwise accessing or using the platform, you agree to be bound by these Terms of Service. If you are using SwarmCherry on behalf of a company or other legal entity, you confirm you have the authority to bind that entity to these terms.

2Your Account

You are responsible for maintaining the security and confidentiality of your login credentials. SwarmCherry cannot be held liable for any loss or damage resulting from unauthorised access to your account due to credential compromise on your end.

• One account per individual — each account represents one person with one set of credentials. Sharing login credentials is not permitted.
• Agency accounts — if you are running a marketing agency, you may operate a single SwarmCherry account on behalf of multiple clients, provided you are the operator of the account and take responsibility for its use.
• Accurate information — you agree to provide accurate, current contact and billing information, and to update it promptly if anything changes.
• You must be 16 or older to create and operate an account.

If you suspect your account has been compromised, contact support immediately at support@swarmcherry.com.

3Acceptable Use

SwarmCherry is a CRM and marketing automation platform for legitimate businesses. You agree to use it only for lawful purposes and in ways that respect other people.

You must not use SwarmCherry to:

• Send unsolicited spam — all outbound communications must comply with applicable anti-spam laws (CAN-SPAM, CASL, GDPR, Spam Act 2003) and be sent only to contacts who have a legitimate relationship with your business.
• Engage in illegal activity — including fraud, phishing, harassment, or any activity that violates applicable law in your jurisdiction or the jurisdiction of your contacts.
• Abuse or scrape — you may not use SwarmCherry to harvest other users' data, reverse engineer the platform, or attempt to access systems beyond the scope of your account.
• Impersonate others — including sending emails that falsely represent another person or business.
• Transmit harmful content — including malware, offensive material, or content that violates third-party rights.

4Subscription & Billing

SwarmCherry operates on a monthly subscription model. Here's exactly how billing works — no surprises.

• Free trial period — if you start on a free trial, you will not be charged until the trial period ends. You can cancel before the trial ends without being billed.
• Price changes — if we change the price of your plan, we'll give you at least 30 days' notice by email. Continuing to use the service after that point constitutes acceptance of the new price.
• Failed payments — if a payment fails, we'll retry and notify you by email. If payment remains outstanding for 7 days, access to the platform may be suspended until the account is settled.
• Taxes — prices are exclusive of applicable taxes. If you're in a jurisdiction where GST, VAT, or similar taxes apply, these will be added at checkout.

5Your Data

By using the platform, you grant SwarmCherry a limited, non-exclusive licence to process your data solely for the purpose of providing the service. This means:

• Our AI agents can act on your data to execute the automations you configure.
• Our systems can store, retrieve, and transmit your data as required to operate the platform.
• We may analyse aggregated, anonymised usage patterns to improve the product — but this never involves accessing or using your specific contact or CRM data.

We do not claim any ownership over your data and will never use it for any purpose beyond operating the service you've paid for. When you close your account, you can export your data first, and all remaining data is deleted within 30 days. See our Privacy Policy for full details.

6Our Intellectual Property

The SwarmCherry platform — including its design system, user interface, AI agent architecture, automation logic, brand assets, and all underlying code — is our intellectual property. It is protected by copyright, trademark, and other applicable IP laws.

• You may not copy, reproduce, reverse engineer, decompile, or create derivative works based on the SwarmCherry platform.
• The SwarmCherry name, logo, and trademark are registered. You may not use them without written permission.
• Content you create using the platform (emails, campaigns, reports) belongs to you. The platform that generates it belongs to us.

7Uptime & Service Availability

We target 99.9% platform uptime measured on a rolling monthly basis. This means no more than approximately 44 minutes of unplanned downtime per month.

• Planned maintenance — scheduled maintenance windows are announced at least 48 hours in advance via the System Status page and by email notification. Maintenance is always scheduled during low-traffic periods.
• Status monitoring — live platform status is always available at swarmcherry.com/status.
• Incidents — in the event of unexpected downtime, we will post an incident report within 1 hour of detection and provide ongoing updates until resolution.

8Termination

You can cancel any time. There are no lock-ins or cancellation fees. Cancel from your Account Settings and your subscription ends at the next billing date.

We reserve the right to suspend or terminate accounts that:

• Violate these Terms of Service (particularly the Acceptable Use policy).
• Engage in fraudulent activity or fail to pay for the service after reasonable notice.
• Are reasonably suspected to be operating in a way that harms other users or the platform infrastructure.

We will always notify you by email before suspending an account (except in cases of severe, immediate abuse) and will give you a reasonable opportunity to remedy the issue. Upon termination for any reason, you retain the right to export your data for 30 days after the termination date.

9Limitation of Liability

SwarmCherry is provided "as is." While we work hard to keep the platform running and performing well, we cannot guarantee it will be free of errors, interruptions, or that it will meet every specific requirement you have.

To the maximum extent permitted by applicable law:

• SwarmCherry's total liability to you for any claim arising from use of the platform is capped at the total amount you paid to us in the 3 calendar months immediately preceding the event giving rise to the claim.
• We are not liable for indirect, incidental, consequential, or punitive damages — including lost revenue, lost profits, or loss of data — even if we were advised of the possibility of such damages.
• We are not liable for the actions of third-party service providers (payment processors, email delivery services, SMS gateways) once data has been transmitted to them under our agreements.

10Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Queensland, Australia, without regard to conflict of law principles.

Any disputes arising from these terms or your use of SwarmCherry that cannot be resolved informally will be subject to the exclusive jurisdiction of the courts of Queensland, Australia.

If you are based in the EU or UK and believe your statutory consumer rights are affected, nothing in these terms limits your rights under applicable consumer protection legislation.

11Contact

For any questions about these terms, billing disputes, or legal notices, please reach out to our legal team.