Terms of Service

Effective date: June 1, 2025  ·  Last updated: June 15, 2026
SwarmReply LLC ("SwarmReply," "we," "us," or "our") · hello@swarmreply.com

Please read these Terms of Service carefully before using SwarmReply. By creating an account or using our services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and SwarmReply LLC governing your access to and use of the SwarmReply platform, website, and all related services (collectively, the "Services"). By registering for, accessing, or using the Services, you represent that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you are entering into these Terms on behalf of a business or legal entity, you represent that you have authority to bind that entity to these Terms.

2. Description of Services

SwarmReply provides AI-powered reputation management software for local businesses, including but not limited to:

SwarmReply reserves the right to modify, suspend, or discontinue any aspect of the Services at any time with reasonable notice to you.

3. Account Registration

To access the Services, you must create an account by providing accurate, complete, and current information. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You agree to notify SwarmReply immediately of any unauthorised use of your account at hello@swarmreply.com.

You must be at least 18 years old and have legal authority to enter into contracts to use the Services. SwarmReply reserves the right to refuse registration or cancel accounts at its discretion.

4. Subscription Plans and Payment

4.1 Plans

SwarmReply offers subscription-based plans charged monthly or annually. The base subscription covers one business location. Additional locations are charged at the per-location rates displayed on our website at the time of subscription. Current pricing is always available at swarmreply.com. All prices are in US dollars. Annual plans are billed once per year at a discounted rate equivalent to approximately 10% off the monthly rate.

4.2 Billing

By providing payment information, you authorise SwarmReply (via Stripe) to charge your payment method on a recurring basis (monthly or annually, per your selected billing cycle) on the date you first subscribe ("billing date"). If you add locations after signup, additional charges are prorated for the remainder of the current billing period. All fees are non-refundable except as expressly stated in these Terms or required by law.

4.3 Cancellation

You may cancel your subscription at any time through your account settings or by emailing hello@swarmreply.com. Cancellation takes effect at the end of the current billing period. You will retain access to the Services through the end of that period. There are no cancellation fees.

4.4 Price Changes

SwarmReply may change subscription pricing at any time. We will provide at least 30 days' written notice of price changes via email to your registered address. Continued use of the Services after the effective date of a price change constitutes your agreement to the new price.

4.5 Failed Payments

If a payment fails, we will attempt to notify you and may retry the charge. While a payment is outstanding, SwarmReply may suspend your access to the Services until the balance is resolved, and may terminate your account if the payment remains unresolved. Restoring a valid payment method promptly restores access.

5. Acceptable Use

You agree not to use the Services to:

SwarmReply reserves the right to investigate and take appropriate action, including suspension or termination of your account, for violations of this Section.

6. Third-Party Platforms

The Services integrate with a range of third-party platforms — including business listing and review platforms, social media networks, scheduling and booking tools, customer and commerce platforms, payment processors, and other business software — to provide and enhance the Services (each a "Third-Party Platform"). The specific integrations available may change over time. Your use of any Third-Party Platform is governed by that platform's own terms of service and privacy policies. SwarmReply is not responsible for the availability, accuracy, or policies of any Third-Party Platform and does not guarantee that integrations will remain available or uninterrupted. Any fees charged by a Third-Party Platform are your responsibility and are not included in your SwarmReply subscription.

You represent that you have the authority and rights necessary to connect your accounts on Third-Party Platforms to SwarmReply and to authorise SwarmReply to act on your behalf with respect to those platforms.

7. Intellectual Property

7.1 SwarmReply IP

All software, content, trademarks, trade names, logos, and other intellectual property comprising the Services are owned by or licensed to SwarmReply and protected by applicable law. Nothing in these Terms grants you any right, title, or interest in SwarmReply's intellectual property other than the limited licence to use the Services as set out in these Terms.

7.2 Your Content

You retain ownership of all content you submit to the Services ("Your Content"). By submitting Your Content, you grant SwarmReply a limited, non-exclusive, royalty-free licence to use, store, display, and process Your Content solely to provide and improve the Services. You represent that You have the rights to grant this licence and that Your Content does not infringe any third-party rights.

8. AI-Generated Content

SwarmReply uses artificial intelligence to generate review reply suggestions, webchat responses, and other content ("AI Content"). You acknowledge that:

9. Data and Privacy

Your use of the Services is subject to SwarmReply's Privacy Policy, incorporated herein by reference. SwarmReply processes personal data in accordance with applicable data protection laws, including the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR) where applicable.

If you use the Services to collect or process personal data of your customers or patients, you represent that you have obtained all necessary consents and have appropriate notices in place to do so lawfully. For healthcare providers subject to HIPAA, SwarmReply offers configurable modes designed to assist with compliance; however, you are responsible for ensuring your use of the Services meets all applicable regulatory requirements.

10. Confidentiality

Each party agrees to maintain the confidentiality of the other party's non-public information disclosed in connection with the Services ("Confidential Information") and to use such information only for the purposes of these Terms. This obligation does not apply to information that is or becomes publicly available through no fault of the receiving party, was already known to the receiving party, or is required to be disclosed by law.

11. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SWARMREPLY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

SwarmReply does not guarantee any specific outcomes, including improvements to ratings, review volume, AI search visibility, or search rankings, as a result of using the Services. Results may vary.

12. SMS Compliance

If you use SwarmReply's SMS features to send review requests or marketing campaigns to your customers, you are solely responsible for: (a) obtaining all required consents from recipients in accordance with applicable law, including the Telephone Consumer Protection Act (TCPA) and CAN-SPAM Act; (b) maintaining opt-out records and honouring opt-out requests promptly; (c) complying with carrier requirements including A2P 10DLC registration where required; and (d) ensuring your use does not violate any applicable telemarketing or anti-spam laws. SwarmReply provides tools to assist with compliance but does not assume legal responsibility for your messaging practices.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SWARMREPLY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES.

SWARMREPLY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID TO SWARMREPLY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

14. Indemnification

You agree to defend, indemnify, and hold harmless SwarmReply and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your violation of these Terms; (b) Your Content; (c) your use of the Services; or (d) your violation of any applicable law or third-party rights.

15. Termination

Either party may terminate the subscription at any time. SwarmReply may terminate or suspend your account immediately, without notice, if you breach these Terms or if required by law. Upon termination, your right to use the Services ceases immediately. Following cancellation or termination, SwarmReply retains your data so that you can reactivate your account; you may request permanent deletion of your data at any time by contacting us, and we will delete it except where we are required to retain it by law.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any disputes arising out of or relating to these Terms will be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, except that either party may seek injunctive relief in any court of competent jurisdiction to prevent irreparable harm.

17. Changes to These Terms

SwarmReply may update these Terms at any time. We will notify you of material changes via email or a notice within the Services at least 14 days before the changes take effect. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.

18. Miscellaneous

Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and SwarmReply regarding the Services and supersede all prior agreements and understandings.

Severability: If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary and the remaining provisions will remain in full force.

Waiver: SwarmReply's failure to enforce any right under these Terms does not constitute a waiver of that right.

Assignment: You may not assign these Terms without SwarmReply's prior written consent. SwarmReply may assign these Terms in connection with a merger, acquisition, or sale of assets.

19. Contact

For questions about these Terms, contact us at:
SwarmReply LLC
Email: hello@swarmreply.com