Terms of Service

1. Acceptance of Terms

By accessing or using Swarm by Caqophony ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

Caqophony reserves the right to modify these Terms at any time. We will notify users of material changes via email or through the Service. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

2. Description of Service

Swarm is a marketplace platform for AI-powered products and services. The Service allows users to:

• Subscribe to and manage AI products
• Access a shared token pool for AI usage across products
• Generate and manage API keys for programmatic access
• Monitor usage and billing information

3. Account Registration

To use certain features of the Service, you must register for an account. You agree to:

• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities under your account

4. Billing and Payments

Certain features of the Service require payment. By subscribing to paid features, you agree to:

• Pay all fees associated with your subscription
• Provide valid payment information
• Authorize recurring charges for subscription renewals

Payments are processed through Stripe. Refunds are handled on a case-by-case basis in accordance with our refund policy.

5. Token Pool Usage

The shared token pool is a core feature of Swarm. Tokens are consumed when using AI products. Important terms:

• Tokens reset monthly based on your subscription tier
• Unused tokens do not roll over to the next billing period
• Token consumption varies by product and usage patterns
• We reserve the right to modify token allocation with notice

6. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe on the rights of others
• Distribute malware or harmful content
• Attempt to gain unauthorized access to our systems
• Abuse or circumvent rate limits or usage restrictions
• Generate content that violates our AI usage policies

7. Intellectual Property

The Service and its original content, features, and functionality are owned by Caqophony and are protected by intellectual property laws. You retain ownership of content you create using the Service, subject to the licenses granted herein.

8. API Usage

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

• Keep your API keys confidential
• Not share API keys with unauthorized parties
• Implement proper security measures in your applications
• Respect rate limits and usage quotas

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CAQOPHONY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAQOPHONY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.

11. Termination

We may terminate or suspend your account and access to the Service at any time, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties. Upon termination, your right to use the Service will immediately cease.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

13. Contact Information

If you have any questions about these Terms, please contact us at: legal@caqophony.com