Terms of Service

2.1 Access to Services; Local Software License. Subject to this Agreement, DevSwarm grants Customer a non-exclusive, non-transferable right to access and use the Services for Customer’s internal business purposes. To the extent DevSwarm provides local client or server components (“Local Software”), DevSwarm grants Customer a limited, non-exclusive, non-sublicensable, non-transferable license during the Term to install and use the Local Software solely in connection with the Services and in accordance with the Documentation. Customer will not (and will not permit any third party to) reverse engineer, decompile, disassemble or attempt to derive source code from the Services or Local Software; modify, copy (except for reasonable backup), or create derivative works thereof; remove proprietary notices; use the Services for time-sharing or service bureau purposes; or otherwise use the Services or Local Software in violation of the Documentation.

2.2 Benchmarks and Public Claims. Customer may conduct internal testing and benchmarks. Public statements or publications that reference the Services’ performance must be accurate, not misleading, and include sufficient methodology to permit replication. Nothing in this Agreement restricts lawful consumer reviews or commentary. 2.3 As between the parties, Customer owns and retains all right, title and interest in and to Customer Inputs and Customer Outputs. DevSwarm does not claim any ownership rights in Customer Inputs or Outputs. Customer grants DevSwarm a limited, non-exclusive, revocable license to Process Customer Inputs and Outputs solely as necessary to provide, maintain, support and secure the Services, and for no other purpose. DevSwarm retains all right, title and interest in and to the Services, Service Data, and any software, works, and other intellectual property created, used or provided by DevSwarm in connection with the Services.

2.3 As between the parties, (i) Customer retains all right, title and interest in and to the Customer Data (as defined below) and Customer Outputs (as defined below), and (ii) DevSwarm retains all right, title, and interest in and to the Service and all software, products, works, and other intellectual property and moral rights related thereto or created, used, or provided by DevSwarm for the purposes of this Agreement, including any copies and derivative works of the foregoing.  Any software which is distributed or otherwise provided to Customer hereunder shall be deemed a part of the “Services” and subject to all of the terms and conditions of this Agreement.  No rights or licenses are granted except as expressly and unambiguously set forth in this Agreement.  Customer may (but is not obligated to) provide suggestions, comments or other feedback to DevSwarm with respect to the Service (“Feedback”). DevSwarm acknowledges and agrees that all Feedback is provided “AS IS” and without warranty of any kind.  Notwithstanding anything else, Customer shall, and hereby does, grant to DevSwarm a nonexclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid up license to use and exploit the Feedback for any purpose.  Nothing in this Agreement will impair DevSwarm’s right to develop, acquire, license, market, promote or distribute products, software or technologies that perform the same or similar functions as, or otherwise compete with any products, software or technologies that Customer may develop, produce, market, or distribute. Customer acknowledges and agrees that DevSwarm may (i) internally use and modify (but not disclose) Customer Data for the purposes of (A) providing the Service to Customer and (B) generating Aggregated De-Identified Data (as defined below), and (ii) freely use, retain and make available Aggregated De-Identified Data for DevSwarm’s business purposes (including without limitation, for purposes of improving, testing, operating, promoting and marketing DevSwarm’s products and services). “Aggregated De-Identified Data” means data submitted to, collected by, or generated by DevSwarm in connection with Customer’s use of the Service, but only in aggregate, de-identified form which can in no way be linked specifically to Customer. Notwithstanding the foregoing, in no event shall DevSwarm use any Customer Data to develop or train AI models without Customer’s prior written consent.

2.4 For purposes of this Agreement, “Customer Data” shall mean any data, information or other material provided, uploaded, or submitted by Customer to the Service or collected by DevSwarm in the course of Customer using the Service (including Customer Inputs, as defined below). Customer shall retain all right, title and interest in and to the Customer Data, including all intellectual property rights therein. Customer, not DevSwarm, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data. Customer represents and warrants that it has all rights necessary to provide the Customer Data to DevSwarm as contemplated hereunder, in each case without any infringement, violation or misappropriation of any third party rights (including, without limitation, intellectual property rights and rights of privacy). DevSwarm shall use commercially reasonable efforts to maintain the security and integrity of the Service and the Customer Data. DevSwarm is not responsible to Customer for unauthorized access to Customer Data or the unauthorized use of the Service unless such access is due to DevSwarm’s gross negligence or willful misconduct.  Customer is responsible for the use of the Service by any person to whom Customer has given access to the Service, even if Customer did not authorize such use.

2.5 Customer may (but is not obligated to) provide suggestions, comments or other feedback to DevSwarm with respect to the Service (“Feedback”). DevSwarm acknowledges and agrees that all Feedback is provided “AS IS” and without warranty of any kind. Notwithstanding anything to the contrary in this Agreement, Customer shall, and hereby does, grant to DevSwarm a nonexclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid up license to use and exploit the Feedback for any purpose. Nothing in this Agreement will impair DevSwarm’s right to develop, acquire, license, market, promote or distribute products, software or technologies that perform the same or similar functions as, or otherwise compete with any products, software or technologies that Customer may develop, produce, market, or distribute. Customer acknowledges and agrees that DevSwarm may (i) internally use and modify (but not disclose) Service Data for the purposes of (A) providing, maintaining and improving the Services and communicating with the Customer, and (B) generating “De-Identified Aggregated Data” means data derived from Service Data (and from Customer Inputs or Customer Outputs only if Customer has enabled an opt-in feature under this Agreement) in aggregate, de-identified form that is not linked to Customer. “De-Identified Aggregated Data” means data submitted to, collected by, or generated by DevSwarm in connection with Customer’s use of the Service, but only in aggregate, de-identified form which will not be linked specifically to Customer. Notwithstanding the foregoing, in no event shall DevSwarm use any Customer Inputs or Customer Outputs to develop or train AI models without Customer’s prior consent.

2.6 Local Software; Command Approvals. Portions of the Services operate via local software installed in Customer’s environment (“Local Software”). Third‑Party Agents may propose commands for execution on Customer systems. DevSwarm does not restrict Third‑Party Agents to a particular directory, repository, or sandbox. Customer is solely responsible for configuring and securing its environment (including backups, least‑privilege user accounts and use of sandboxes or virtual machines). Unless otherwise stated for a specific feature, all proposed commands require explicit Customer approval prior to execution.

2.7 Customer represents, covenants, and warrants that Customer will access and use the Services only in compliance with DevSwarm’s standard access and security policies then in effect. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, server, software, operating system, networking, web servers, long distance and local telephone service (collectively, “Equipment”). Customer shall be responsible for compliance with any and all applicable third party terms of service and privacy policies for platforms, networks and/or websites that they run their applications on, including but not limited to, Facebook, Android or iOS/App Store.

2.8 Customer shall be responsible for ensuring that Equipment is compatible with the Services and complies with all configurations and specifications set forth in DevSwarm’s published policies then in effect. Customer shall also be responsible for maintaining the security of the Equipment, the Account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of the Account or the Equipment with or without Customer’s knowledge or consent.

2.9 Third‑Party Agents and Integrations. The Services may enable Customer to connect to, interoperate with, or run third‑party agents, models, plugins or tools (“Third‑Party Agents”). Third‑Party Agents are provided by third parties, not DevSwarm, and are subject to their own terms and privacy practices. Customer is solely responsible for selecting, enabling and using any Third‑Party Agent and for complying with its terms. DevSwarm does not control, monitor, or sandbox Third‑Party Agents and is not responsible or liable for their acts, omissions, security, availability, data handling or outputs. Unless expressly stated for a particular feature, DevSwarm does not proxy Customer Inputs or Customer Outputs to Third‑Party Agents; connections are made directly using Customer’s own accounts and credentials.
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2.10 Upon approval by Customer, DevSwarm may (i) produce and publish a case study on its website regarding the Customer’s use of the Services, and (ii) create self-promotional materials such as press releases, advertisements, brochures, etc. Upon approval by Customer, Customer shall provide a mutually agreeable quote with respect to DevSwarm and the Services, to be used for DevSwarm’s marketing and publicity purposes.

2.11 Service Data and Security. DevSwarm may Process Service Data (e.g., diagnostic logs, performance metrics, device information and usage events) to operate, secure and support the Services. Service Data and Account Data are encrypted in transit and at rest using industry‑standard protocols. Data created by the Local Software may be stored in the operating system’s application‑support directories on Customer devices; DevSwarm does not encrypt such local files and Customer remains responsible for device‑level encryption and access controls. DevSwarm maintains administrative, technical and physical safeguards designed to protect Service Data and Account Data, including least‑privilege access and vulnerability management practices

2.12 Data Retention, Export and Deletion. Customer Inputs and Customer Outputs are stored locally by default. DevSwarm does not generally collect or retain such data, except to the extent necessary to provide, maintain or support the Services or if Customer enables a feature that requires transmission to DevSwarm systems. DevSwarm retains Account Data and Service Data for as long as reasonably necessary to provide, support and secure the Services. Upon termination, Customer retains control of Customer Inputs and Outputs stored locally. If DevSwarm holds any Customer Inputs, Outputs, Account Data or Service Data, Customer may request deletion of such data by contacting privacy@devswarm.ai, and DevSwarm will comply with such requests as required by applicable law. DevSwarm is not obligated to provide export services beyond what is reasonably available in the application. Certain features may temporarily transmit or cache limited portions of Customer Inputs or Outputs in DevSwarm systems solely to provide the feature; any such data will be handled in accordance with this Section.

2.13 Acceptable Use. Customer will not use the Services to: (a) violate applicable law, including computer‑misuse, export control or sanctions laws; (b) develop, distribute or execute malware or code intended to harm, exfiltrate data, or improperly gain access; (c) infringe third‑party intellectual property or privacy rights; (d) engage in unlawful harassment or unlawful discrimination, or promote violence toward individuals or groups; (e) attempt to circumvent technical protection measures or safety features of the Services or any Third‑Party Agent. DevSwarm may suspend or restrict access for suspected violations and will provide a notice describing the basis for the action and an appeal mechanism as set forth below. DevSwarm does not monitor Customer Inputs or Outputs for compliance with this Section but may investigate and take action if it becomes aware of a violation.

2.14 High‑Risk Use. The Services are not designed for use in safety‑critical or high‑risk environments where failure could lead to death, personal injury or severe physical or environmental damage (including medical devices, autonomous vehicles, air traffic control, nuclear facilities or life‑support systems). Customer will not use the Services for any High‑Risk Use without a separate written agreement signed by DevSwarm expressly permitting such use.

3.1 Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). 

3.2 The Receiving Party agrees: (i) to take the same security precautions to protect such Proprietary Information that the Receiving Party takes with its own proprietary information, and (ii) not to use or divulge to any third person (except for employees, affiliates, agents, or service providers of the Receiving Party with a need to have access thereto for purposes of this Agreement) any such Proprietary Information (except as expressly permitted herein). The Disclosing Party agrees that the foregoing shall not apply with respect to any information after three (3) years following the disclosure thereof (except the Services and underlying software, algorithms and information embodied therein which shall remain confidential indefinitely) or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it without restriction on disclosure prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order.

4.1 Customer will pay DevSwarm the Fees for the Services as described herein or by separate agreement, if any. The fees for any renewal term shall be at DevSwarm’s then standard rates currently in effect, or as otherwise agreed to by Customer.

4.2 DevSwarm may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by DevSwarm thirty (30) days after the mailing date of the invoice, or the Services may be terminated. Unpaid invoices are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. Customer shall be responsible for all taxes associated with Services other than U.S. taxes based on DevSwarm’s net income.

4.3 Trials; Auto‑Renewal; Cancellation. If Customer enrolls in a free trial, access will convert to a paid subscription at the end of the stated trial period unless canceled. Subscriptions renew automatically for the renewal term selected unless canceled prior to renewal. DevSwarm will make online cancellation available using a process that is at least as easy as signup. For annual terms, DevSwarm will send a renewal reminder within a reasonable period before renewal. Unless DevSwarm terminates for convenience under Section 5, fees are non‑refundable and no credits or pro‑rata refunds are provided, except as required by law or the applicable SLA.

5.1 Termination for Convenience. DevSwarm may terminate this Agreement for convenience upon thirty (30) days’ prior notice. In such case, DevSwarm will provide a pro‑rata refund of prepaid fees covering the period after the effective date of termination. DevSwarm may suspend or terminate immediately if Customer materially breaches this Agreement, violates the Acceptable Use Policy, or creates a security, legal or regulatory risk.

5.2 Upon termination or expiration of this Agreement, DevSwarm may immediately terminate Customer’s access to the Service, and Customer shall immediately cease use of the Service subject to §2.12. 

5.3 The parties’ rights and obligations under Sections 2 (“Restrictions and Responsibilities”), 3 (“Confidentiality”), 4 (“Payment of Fees”), 6 (“Indemnification”), 7 (“Warranty and Disclaimer”), 8 (“Limitation of Liability”), 9 (“Miscellaneous”) and 10 (“Dispute Resolution”) shall survive termination. 

5.4 Data Exit. Upon termination, Customer retains all Customer Inputs and Outputs stored locally in the application. DevSwarm does not maintain copies of such data and cannot provide export services. Account Data and Service Data may be deleted upon Customer’s request in accordance with Section 2.12.5.5 Suspension; Appeals. DevSwarm may suspend access where DevSwarm reasonably believes there is a material violation of this Agreement, fraud, or a security risk. DevSwarm will notify Customer of the reason for suspension (unless legally prohibited) and provide a mechanism to appeal by email to support@devswarm.ai. DevSwarm will acknowledge appeals within two (2) business days and endeavor to resolve them within ten (10) business days.

6.1 DevSwarm agrees, at its own expense, to indemnify, defend and hold harmless Customer against any damages, losses, liabilities, settlements and expenses paid or payable to a third party in connection with any suit, claim, or proceeding (“Claim”) brought by a third party against Customer alleging that the use of Services in accordance with this Agreement infringes any U.S. copyright, U.S. trademark or U.S. patent. The foregoing obligations do not apply with respect to the Services or any information, technology, materials or data or portions or components thereof to the extent (i) not supplied by DevSwarm, (ii) made in whole or in part in accordance with Customer specifications, (iii) combined with other products, processes or materials where the alleged infringement would not have occurred without such combination, (iv) modified after delivery by DevSwarm, (v) where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) Customer’s use of the Service is not strictly in accordance herewith. This section states DevSwarm’s entire liability and Customer’s exclusive remedy for infringement or misappropriation of intellectual property of a third party.

6.2 Customer hereby agrees, at its own expense, to indemnify, defend and hold harmless DevSwarm against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any Claim that arises from an alleged violation of Section 2 or otherwise from Customer’s use of Services. 6.3 Each party’s (the “Indemnitor”) indemnification obligations hereunder shall be conditioned on the indemnified party (the “Indemnitee”) providing the Indemnitor with (i) prompt written notice of any claim (provided that a failure to provide such notice shall only relieve the Indemnitor of its indemnity obligations if the Indemnitor is materially prejudiced by such failure); (ii) the option to assume sole control over the defense and settlement of any claim (provided that the Indemnitee may participate in such defense and settlement at its own expense); and, (iii) at the Indemnitor’s written request and expense, reasonable information and assistance in connection with such defense and settlement.

EXCEPT AS MAY OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, ALL WARRANTIES ARE DISCLAIMED BY BOTH PARTIES, NEITHER PARTY MAKES WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY PRODUCTS, SERVICES, DOCUMENTATION, DATA OR OTHER TANGIBLE OR INTANGIBLE MATERIALS PROVIDED UNDER THIS AGREEMENT, AND EACH PARTY HEREBY DISCLAIMS ANY OTHER EXPRESS AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DEVSWARM DOES NOT WARRANT THAT THE PRODUCT, SERVICES OR DOCUMENTATION PROVIDED UNDER THIS AGREEMENT WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE OR THAT SUCH PRODUCT OR DOCUMENTATION WILL SUCCEED IN RESOLVING ANY PROBLEM. 

WITHOUT LIMITING ANYTHING CONTAINED IN THIS AGREEMENT, CUSTOMER AGREES AND ACKNOWLEDGES THAT DEVSWARM CANNOT GUARANTEE THE ACCURACY OF THE SERVICES OR OUTPUT PROVIDED HEREUNDER AND THAT THE SERVICES AND OUTPUT MAY INCLUDE INACCURACIES (INCLUDING DUE TO, WITHOUT LIMITATION, INACCURATE OR UNCLEAR DATA, SOFTWARE OR OTHER INFORMATION TECHNOLOGY ERROR OR MALFUNCTION, AND/OR HUMAN ERROR). CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICES LEVERAGE PROPRIETARY AND/OR THIRD-PARTY ADVANCED TECHNOLOGIES, SUCH AS ARTIFICIAL INTELLIGENCE, MACHINE LEARNING SYSTEMS AND SIMILAR TECHNOLOGY AND FEATURES (COLLECTIVELY, “AI TECHNOLOGY”). To the fullest extent permitted by law, DevSwarm disclaims responsibility for any reliance on outputs generated through the Services, and Customer remains solely responsible for review, testing and implementation of such outputs.

DEVSWARM IS ACTING HEREUNDER SOLELY AS A PASSIVE CONDUIT FOR THE ONLINE DISTRIBUTION AND PUBLICATION OF CUSTOMER’S DATA AND RELATED INFORMATION. DEVSWARM TAKES NO RESPONSIBILITY, AND ASSUMES NO LIABILITY, FOR ANY OF CUSTOMER DATA THAT CUSTOMER OR ANY OTHER USER OR THIRD-PARTY SENDS TO, OR OTHERWISE MAKES AVAILABLE THROUGH THIRD PARTY TOOLS, PLATFORMS OR ¬SERVICES. CUSTOMER IS SOLELY RESPONSIBLE FOR THE CUSTOMER DATA AND THE CONSEQUENCES OF SENDING OR OTHERWISE MAKING AVAILABLE TO THIRD PARTY SERVICES. CUSTOMER FURTHER UNDERSTANDS AND AGREES THAT CUSTOMER MAY BE EXPOSED TO CONTENT POSTED THROUGH THE SERVICES THAT IS INACCURATE, OBJECTIONABLE OR OTHERWISE UNSUITED TO CUSTOMER’S PURPOSE, AND CUSTOMER AGREE THAT DEVSWARM SHALL NOT BE LIABLE FOR ANY DAMAGES CUSTOMER MAY ALLEGE TO HAVE INCURRED AS A RESULT OF OR RELATING TO ANY CUSTOMER DATA OR OTHER CONTENT ACCESSED ON OR THROUGH THE SERVICES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, NEITHER PARTY SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS OR PROFITS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND A PARTY’S REASONABLE CONTROL; (D) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); OR (E) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES ACTUALLY PAID BY CUSTOMER TO DEVSWARM FOR THE APPLICABLE SERVICES UNDER THIS AGREEMENT OR RELATING TO ANY SUBJECT MATTER OF THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING TYPES OF LOSSES OR DAMAGES. CUSTOMER ACKNOWLEDGES THAT AN INTERRUPTION IN SERVICE(S) DUE TO CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF DEVSWARM, SUCH AS A FAILURE OF TELECOMMUNICATIONS OR NETWORK SYSTEMS NOT CONTROLLED BY DEVSWARM, SHALL NOT BE CONSIDERED A SERVICE OUTAGE OR SERVICE DEFICIENCY FOR PURPOSES OF ANY REMEDY PROVIDED IN THIS AGREEMENT.

I9.1 If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

9.2 Neither party may assign any of its rights or obligations hereunder without the other party’s consent; provided that (i) either party may assign all of its rights and obligations hereunder without such consent to a successor-in-interest in connection with a sale of substantially all of such party’s business relating to this Agreement, and (ii) DevSwarm may utilize subcontractors in the performance of its obligations hereunder. 

9.3 Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed on behalf of both parties by their duly authorized representatives, except as otherwise provided herein.

9.4 No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind or attempt to bind DevSwarm in any respect whatsoever.

9.5 In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.

9.6 All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. Legal notices to DevSwarm must be sent to legal@devswarm.ai with a copy to 590 Pearl Street, Suite 315, Eugene, OR 97401.

9.7 The parties agree that any material breach of Section 2 or 3 will cause irreparable injury and that injunctive relief in a court of competent jurisdiction will be appropriate to prevent an initial or continuing breach of Section 2 or 3 in addition to any other relief to which the owner of such Proprietary Information may be entitled.

9.8 Governing Law; Venue. This Agreement is governed by the laws of the State of Oregon without regard to conflict of law rules. Except as set forth in Section 10 (Dispute Resolution), the parties agree that the state and federal courts located in Lane County, Oregon shall have exclusive jurisdiction for (a) actions seeking injunctive or other equitable relief, or (b) actions to enforce or confirm an arbitral award, and the parties consent to personal jurisdiction there. The United Nations Convention on Contracts for the International Sale of Goods does not apply.9.9 DevSwarm expressly reserves the right to unilaterally modify this Agreement and its terms and conditions from time to time at its sole discretion. Where material changes are implemented, we will advise Customers via the email addresses they have provided DevSwarm, and we will update the date included at the start of this Agreement. All changes will be effective from the date of publication unless otherwise indicated.

9.10 Export Controls and Sanctions. Customer represents that it is not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions, and is not a denied party under U.S. export control or sanctions laws. Customer will comply with the U.S. Export Administration Regulations and U.S. economic sanctions administered by the U.S. Department of the Treasury. DevSwarm may restrict access to the Services to comply with applicable export control and sanctions requirements.

9.11 Age Requirements. The Services are not directed to children under thirteen (13), and DevSwarm does not knowingly collect personal information from children under thirteen (13). If you are under thirteen (13), you may not use the Services. If you are under the age of majority in your jurisdiction, you may use the Services only with the involvement of a parent or legal guardian who agrees to be bound by this Agreement and is responsible for your use. If you believe a child has provided personal information, please contact privacy@devswarm.ai so we can delete it.

9.12 Regulatory Notices. DevSwarm is monitoring emerging AI and privacy regulations, including U.S. state privacy laws, the Colorado Artificial Intelligence Act and the EU Artificial Intelligence Act. DevSwarm may update the Services and documentation to align with applicable requirements as they take effect.

PPLEASE READ THIS SECTION CAREFULLY. IT IMPACTS THE RIGHTS THAT CUSTOMER MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH INDIVIDUAL ARBITRATION INSTEAD OF TRIAL COURTS AND CLASS ACTIONS. THIS SECTION SURVIVES ANY EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.

‍Dispute Resolution; Arbitration. Except for claims seeking injunctive relief or to enforce or confirm an arbitral award, any dispute arising out of or relating to this Agreement will be finally resolved by binding arbitration administered by JAMS under its applicable rules. If Customer is a consumer, (a) the arbitration will be conducted remotely by default or in the county of Customer’s residence, and (b) Customer will pay only the consumer filing fee as permitted by JAMS’ consumer policies. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction in Lane County, Oregon to protect intellectual property or confidential information, pending a final decision by the arbitrator.

Arbitration Opt‑Out. Customer may opt out of this arbitration provision by sending written notice to legal@devswarm.ai within thirty (30) days after first accepting this Agreement. If Customer opts out, the exclusive jurisdiction and venue for any action will be the state and federal courts located in Lane County, Oregon, and the parties consent to personal jurisdiction there.

If Customer is under the age of majority, the parent or legal guardian who accepted this Agreement on Customer’s behalf agrees to the arbitration provisions in this Section and will bring or defend any claim on Customer’s behalf.

Notices relating to disputes under this Section must be sent to: legal@devswarm.ai (if to DevSwarm) or the email associated with Customer’s Account (if to Customer).