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Terms and Conditions

Last updated: October 13, 2026. These Terms apply to new accounts, reports and purchases from that date, and to existing users from November 13, 2026.

These Terms and Conditions (the "Terms") govern your access to and use of the Swarmed website at beeswarmed.org, our alerts by email, SMS, WhatsApp and push notification, and any related products, features, and services (collectively, the "Service").

The Service is operated by two affiliated entities, each trading as "Swarmed":

References to "Swarmed", "we", "us", or "our" refer to the applicable contracting entity above. By accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you must not use the Service.

Some sections apply only to certain users. Section 8 applies to beekeepers, associations, and other people who respond to swarm reports. Section 9 applies to paid subscriptions. Sections 22 and 23 contain additional terms for users in Australia and for consumers in the European Economic Area, the United Kingdom, and Switzerland; where they conflict with any other section, they prevail for those users.

1. Our Services

Swarmed connects people who find honey bee swarms (and, in some areas, other stinging insects) with beekeepers, beekeeping associations, and service professionals who may be able to help. Swarmed is a technology platform. Swarmed does not collect swarms, remove bees, perform pest control, or carry out any work at any property, and is not an employer, agent, or representative of any beekeeper, association, or service professional listed on or alerted through the Service.

The Service is available in the United States and internationally. You are responsible for making sure that your use of the Service complies with the laws that apply to you.

2. Eligibility and Accounts

You must be at least 18 years old to use the Service, including to submit a swarm report, create an account, or purchase a subscription. Younger beekeepers are welcome to use Swarmed through a parent's or guardian's account, and the parent or guardian is responsible for that use.

By using the Service, you represent and warrant that: (a) all information you submit is accurate and current; (b) you have the legal capacity to agree to these Terms; (c) you will not use the Service for any unlawful or unauthorized purpose; and (d) your use does not violate any applicable law or these Terms.

You may need to register an account to use certain features. You are responsible for keeping your credentials confidential, for all activity under your account, and for notifying us promptly of any unauthorized access. We may refuse or require you to change any username that is misleading, offensive, or impersonates another person.

3. Intellectual Property Rights

The Service, including its software, source code, design, text, graphics, data compilations, logos, and trademarks, is owned by Swarmed or its licensors and is protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended personal or internal business purposes. All rights not expressly granted are reserved.

4. Acceptable Use

You agree not to:

5. User Content and License

The Service allows you to submit content such as swarm reports, photographs, descriptions, locations, messages, comments, reviews, and profile information ("User Content"). You retain ownership of your User Content. You represent that you have the right to submit it and that it does not violate the rights of any third party or any applicable law.

By submitting User Content, you grant Swarmed a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, modify, create derivative works of, display, perform, and distribute that content as needed to operate, promote, and improve the Service. This license ends when you delete the content from the Service, except for: (a) content already shared with other users (for example, a report already sent to responders); (b) backups retained for a reasonable period; and (c) anonymized or aggregated data derived from your content, which we may use to support research and the beekeeping community.

6. No Professional Advice; Safety

Information on the Service, including swarm forecasts, identification help, guides, and data, is provided for general informational purposes only and is not a substitute for professional pest-control, veterinary, medical, legal, or structural advice. Forecasts and predictions are estimates and may be wrong.

Honey bees and other stinging insects can pose serious risks, including allergic reactions that may be life-threatening. Do not approach a swarm if you are allergic, untrained, or unequipped. If a situation appears unsafe, contact local emergency services.

7. Interactions Between Users; Release of Liability

Swarmed operates only as a neutral platform that helps connect people who report swarms with beekeepers, associations, and service partners. We are not a party to any interaction, agreement, removal, inspection, transaction, or service performed between users, and any price, payment, or arrangement for work is agreed solely between those users. Except to the limited extent described in Section 8.7 (badges and labels), we do not verify the identity, credentials, qualifications, training, equipment, licensing, insurance, background, or fitness to perform work of any beekeeper, association, or service partner, and we do not employ, supervise, control, endorse, or recommend any of them.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT SWARMED IS NOT LIABLE FOR, AND YOU RELEASE SWARMED AND ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS FROM, ANY AND ALL CLAIMS, DEMANDS, LOSSES, OR DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO:

You assume the risks associated with locating, approaching, handling, or removing bee swarms, and with allowing any person onto your property in connection with a report. You are responsible for confirming that anyone you engage through the Service is appropriately qualified, licensed, and insured for the work you ask them to perform.

This release applies to claims you currently know about and claims you do not currently know about. To the extent applicable, you waive the protections of California Civil Code § 1542 (and any similar law in any jurisdiction), which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

This Section 7 does not release Swarmed from liability for its own acts or omissions that cannot be released under applicable law, including liability for death or personal injury caused by our negligence, for fraud, or for our gross negligence or willful misconduct, and it does not limit any right described in Sections 22 and 23.

8. Beekeepers, Associations, and Service Professionals

This Section applies to you if you create a beekeeper, association, or professional account, receive swarm alerts, claim reports, or otherwise respond to reports through the Service (a "Responder"). It is in addition to the rest of these Terms. We may suspend or close the account of anyone who misuses reporter information.

8.1 Independent status

You act on your own behalf and at your own risk. You are not an employee, agent, partner, joint venturer, franchisee, or contractor of Swarmed, and nothing in these Terms creates any such relationship. Swarmed does not direct or control how, when, or whether you respond to a report, what you charge, how you perform any work, or what equipment or methods you use. You are free to respond to reports from other sources and to decline any report. You have no authority to bind Swarmed, and you must not present yourself as acting for Swarmed.

8.2 Licenses, permits, and registrations

You are solely responsible for obtaining and keeping current every license, permit, registration, and approval that applies to your activities, which may include apiary or beekeeper registration with your state, province, or national authority; any pest-control, structural, contractor, or business license required for cutouts, removals from structures, or paid work; permits to move colonies across state, regional, or national borders; and any tax registrations. You are responsible for complying with all laws that apply to your activities, including animal health, biosecurity, pesticide, wildlife, trespass, workplace safety, consumer protection, and privacy laws.

8.3 Insurance and workers' compensation

You are solely responsible for deciding what insurance you need and for maintaining it, including general liability insurance for the work you perform and, where you have employees or helpers, workers' compensation or equivalent coverage required by law. Swarmed does not provide insurance of any kind to Responders, reporters, or anyone else, and is not responsible for any person who accompanies or assists you.

8.4 Accuracy of your profile

You represent and warrant that everything you state on your profile or provide to us, including your name, experience, services offered, service area, licenses, registrations, and insurance, is true, accurate, and not misleading, and you agree to update it promptly if it changes. If you tell us or reporters that you are licensed, registered, or insured, that statement must be true at the time you make it and when you perform any work. We may remove any statement, badge, or account that we reasonably believe is inaccurate.

8.5 Your dealings with reporters

Any quote, estimate, invoice, payment, refund, guarantee, or promise you make to a reporter or property owner is made by you alone. You are solely responsible for the work you perform and for any damage you cause, including repairing or paying for damage to structures, property, or landscaping. If you claim a report, you receive the reporter's name, contact details, and address so you can deal with it. You must use them only for that purpose (to contact the reporter about the swarm, collect it, and follow up on the collection), must not use them for marketing, add them to any list, or sell or share them, must delete them once you no longer need them for that purpose (unless the law requires you to keep them), must not contact the reporter again about a report you release or skip, must stop contacting a reporter who asks you to stop, and must comply with applicable privacy, telemarketing, and anti-spam laws when you contact anyone.

Reporters' details. When you claim a report you receive the reporter's name, contact details, and address so you can deal with that swarm. You may use them only for that purpose: to contact the reporter about the swarm, collect it, and follow up on the collection. You must not use them for marketing, add them to any list, sell or share them, or keep them longer than you need to deal with the swarm. If you release or skip a report, you must not contact the reporter about it again. We may suspend or remove a Responder who misuses reporters' details (Section 8.9).

8.6 No guarantee of alerts, reports, or income

Swarms are natural events. We do not guarantee any number, frequency, quality, location, or value of reports or alerts; that any report is accurate or that the swarm will still be there when you arrive; that you will receive any particular report or be able to claim it; or that you will earn any income. Alerts may be delayed or fail to arrive because of factors outside our control, including carrier, email, and messaging provider failures. We route alerts using rules designed to be fair among Responders and to get help to reporters quickly. The main factors that decide whether and when you are alerted are: the distance between you and the report, compared with your alert area; your alert settings (for example, which kinds of reports you accept and which channels you use); how recently and how often you have claimed reports, so that Responders who have claimed fewer reports recently may be alerted first and frequent claimers later; and any arrangement with a local association that has asked to coordinate alerts in its area. A paid subscription gives access to additional alert channels, such as text messages, which may reach you faster than email, but it does not otherwise move you ahead of other Responders. We do not disclose the exact values these rules use, and we may change the rules, telling you of material changes as described in Section 15. Reports are not exclusive unless the Service expressly says otherwise.

8.7 Badges and labels

Where the Service shows a badge or label on a Responder's profile (for example, a verified email or phone number, membership of an association, or a count of reports claimed), it reflects only the specific fact the badge describes, as recorded or checked by us at a point in time. A badge is not an endorsement, recommendation, guarantee of quality, or statement that the Responder is licensed, insured, or qualified, unless the badge expressly says so, and even then it reflects only what the badge describes.

8.8 Responder indemnity

In addition to Section 18, you agree to indemnify, defend, and hold harmless Swarmed and its owners, officers, employees, agents, and licensors from any third-party claims, damages, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) any work, inspection, removal, cutout, or visit you perform or attempt, or any failure to perform it; (b) any injury, death, or property damage caused by you or anyone assisting you; (c) any quote, invoice, payment, or dispute between you and any reporter, property owner, or other person; (d) any inaccuracy in your profile or the statements described in Section 8.4; (e) any failure to hold a license, permit, registration, or insurance required for your activities; (f) your communications with reporters, including under telemarketing and privacy laws; and (g) any claim by a person who works with or for you, including claims relating to employment status, wages, or workers' compensation. This Section 8.8 does not require you to indemnify Swarmed for loss to the extent caused by Swarmed's own negligence or willful misconduct, and it applies only to the extent permitted by law. We will tell you promptly about any claim we ask you to defend, you may control its defense with counsel reasonably acceptable to us, and you may not settle it in a way that admits fault by Swarmed or imposes an obligation on Swarmed without our written consent. If you are a consumer in the European Economic Area, the United Kingdom, Switzerland, or Australia, this Section 8.8 applies only to the extent the loss was caused by your breach of these Terms or your negligent or wrongful act or omission.

8.9 Suspension of Responders

We may limit, pause, or stop alerts to, or suspend or remove, a Responder account (in addition to our rights under Section 14) if we reasonably believe the Responder has breached this Section 8, poses a risk to reporters or the public, has repeatedly claimed reports without attending them, or has received credible complaints. Where reasonable and lawful, we will tell you why.

9. Subscriptions, Fees, and Payments

Submitting a swarm report and creating a basic Responder account are free. Some features, such as text message alerts, are available only with a paid subscription, which may include a plan where you choose the amount you pay and plans for associations. The features included in each plan, its price, and its billing period are shown on our pricing and checkout pages at the time you subscribe, and form part of these Terms. Subscription payments are payments for access to the Service; they are not charitable donations and are not tax-deductible.

9.1 Automatic renewal

Paid subscriptions renew automatically at the end of each billing period (for example, each month or each year) for the same period, and we will charge the payment method on file the then-current price for your plan, plus any applicable taxes, until you cancel. You authorize these recurring charges when you subscribe. Before you complete a purchase, we show you the price, the billing period, the fact that the subscription renews automatically, and how to cancel, and we ask you to confirm that you agree to the automatic renewal. Afterwards, we email you a confirmation of these terms. Before each renewal of an annual subscription, and at least once a year for a monthly subscription, we email you a reminder that states the renewal date, the amount, and how to cancel.

9.2 Free trials and promotional offers

We may offer a limited number of free alerts or other free trials of paid features. Unless we clearly tell you otherwise before you start it, a free trial does not require payment details and does not turn into a paid subscription automatically. If we ever offer a trial or promotion that converts into a paid subscription, we will tell you before you start it what you will be charged and when, you can cancel before that date to avoid being charged, and, where required by law, we will remind you before the trial ends. Discounts and promotional prices apply only for the period stated in the offer.

9.3 How to cancel

You can cancel at any time online, using "Manage billing or cancel" in your account settings, without contacting us. You can also cancel by emailing [email protected]. Unless the law where you live requires otherwise, cancellation takes effect at the end of your current billing period; you keep access to paid features until then, and you will not be charged again.

9.4 Refunds

Except as stated in these Terms or required by law, payments are non-refundable and we do not provide refunds or credits for partial billing periods or unused features. This does not affect: (a) your right to withdraw described in Section 23 if you are a consumer in the European Economic Area, the United Kingdom, or Switzerland; (b) your rights under the Australian Consumer Law described in Section 22; (c) a pro-rata refund if we terminate your subscription for a reason other than your breach of these Terms, or if we discontinue a paid feature you have paid for; or (d) refunds we choose to give at our discretion, which do not create an obligation to give refunds in the future.

9.5 Price changes

We may change subscription prices from time to time. We will give you at least 30 days' notice by email before a new price applies to your subscription, and the new price will apply only from the start of your next billing period after that notice. If you do not agree to the new price, you may cancel before it takes effect and you will not be charged it. If you are a consumer in the European Economic Area, the United Kingdom, or Switzerland, you may also end your subscription with effect from the date the price change applies.

9.6 Taxes and currency

Prices are in U.S. dollars unless another currency is shown at checkout. Where we are required to collect sales tax, VAT, GST, or similar taxes, they are added to or included in the price as shown at checkout. You are responsible for any other taxes, and for any bank, currency-conversion, or foreign-transaction fees charged by your own payment provider.

9.7 Payment processing and failed payments

Payments are processed by our third-party payment processor, Stripe, and are subject to its terms. We do not store your full card details. You agree to keep your payment information current. If a payment fails, we may try to charge your payment method again and will tell you so that you can update it; if payment is still not received, paid features will end and your account will return to the free version of the Service. Your account and its data are not deleted because of a failed payment.

9.8 Association plans and memberships through partners

Association plans are purchased by an association or club for its members and are billed annually to the association; the person who purchases one confirms that they are authorized to do so on the association's behalf. If you receive paid features through an association, sponsor, or other partner, those features last only for as long as that arrangement continues, and any payment between you and that partner is governed by your agreement with it. Sections 9.4 and 23 do not give consumer rights to a business or association purchaser except where the law requires.

10. Communications, Lead Sharing, and TCPA Consent

When you submit a swarm report or service request, a consent disclosure is shown next to the submit button. The disclosure shown depends on where the report is located, and we keep a record of the exact wording you saw. By clicking submit, you agree to that disclosure and to this Section 10.

By providing your contact information through the Service, you agree that Swarmed, the beekeepers and service professionals to whom your report is routed, and our lead partners may contact you by email, phone, or SMS / text message to follow up on your request, route you to a beekeeper or service professional, or provide related information. For users in the United States only, our lead partners are Networx Systems, Inc. and its partners and Inquirly (home-services lead marketplaces, which pay Swarmed LLC a fee for each request they accept). The current list of partners is in our Privacy Policy.

If you are located in the United States and you provide a phone number, you expressly consent under the U.S. Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and applicable state laws to receive calls and SMS messages at that number from Swarmed LLC, from beekeepers and removal professionals to whom your report is routed, and from the lead partners named in the disclosure you were shown, including calls and messages placed using an automatic telephone dialing system, an artificial or prerecorded voice, or automated text messaging technology. You acknowledge that:

For users located outside the United States, we do not share contact details with Networx or Inquirly. For users in the European Economic Area, the United Kingdom, or Switzerland, any direct marketing by email or SMS will only be sent where you have given a separate opt-in consent, which you can withdraw at any time.

Once your information is shared with a lead partner or routed to a beekeeper or service professional, that party is responsible for its own communications and for its compliance with applicable law. We encourage you to review their privacy and communications policies before engaging with them.

If you are a Responder, alerts are sent to the channels you choose in your settings. You can change or turn off alert channels at any time in your alert settings; turning off alerts does not cancel a paid subscription (see Section 9.3).

11. Privacy Policy

Our handling of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service you acknowledge the practices described there.

12. Copyright Infringement

If you believe content on the Service infringes your copyright, send a written notice to [email protected] identifying: the copyrighted work; the allegedly infringing material and its location on the Service; your contact information; a statement that you have a good-faith belief that the use is not authorized; a statement under penalty of perjury that the information is accurate and you are authorized to act; and your physical or electronic signature. We will respond to valid notices as required by applicable law (including the U.S. DMCA where applicable) and may remove allegedly infringing material.

13. Changes to the Service and Availability

We are continually improving the Service and may add, change, or remove features. We may also monitor the Service for violations of these Terms and remove or restrict access to User Content that we reasonably believe breaches these Terms or the law. If we make a change that materially reduces the paid features you have already paid for, we will give you reasonable advance notice where practicable and, if you are not satisfied, you may cancel and receive a pro-rata refund for the unused part of your current billing period. We may suspend or discontinue the Service in whole or in part with reasonable notice, or without notice where necessary for security, legal, or safety reasons or because of events beyond our reasonable control.

We work to keep the Service available, but we do not guarantee that it will be available at all times or that every alert will be delivered. Downtime may occur for maintenance, updates, or events beyond our control.

14. Suspension and Termination

These Terms remain in effect while you use the Service. You may stop using the Service or delete your account at any time; if you have a paid subscription, cancel it first as described in Section 9.3.

We may suspend or terminate your account or access to the Service: (a) with reasonable notice, for any reason; or (b) immediately, if we reasonably believe that you have materially or repeatedly breached these Terms, that your use poses a risk to other users, the public, or the Service, or that we are required to do so by law. Where reasonable and lawful, we will tell you the reason. If we terminate a paid subscription under (a), we will refund the unused part of your current billing period.

If you use the Service as a business in the European Economic Area or the United Kingdom (for example, as a professional removal company), we will give you at least 30 days' notice before ending your access under (a), we will give you a statement of reasons when we restrict, suspend, or end your access, and you can ask us to review that decision by emailing [email protected]. We will handle complaints from business users promptly and tell you the outcome.

Provisions that by their nature should survive termination, including intellectual property, the release in Section 7, the Responder obligations and indemnity in Section 8, disclaimers, limitations of liability, indemnification, and dispute resolution, will survive.

15. Changes to These Terms

We may update these Terms from time to time, for example to reflect changes to the Service or to the law. We will update the "Last updated" date above. If a change is material, we will notify registered users by email or through the Service at least 30 days before it takes effect, unless the change is required sooner by law or relates to a new feature. If you do not agree to a change, you may stop using the Service and cancel any subscription before the change takes effect; changes do not apply to a dispute that arose before the change took effect. Continuing to use the Service after a change takes effect means you accept the updated Terms.

16. Disclaimer

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED AVAILABILITY. NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY WARRANTY, GUARANTEE, OR LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING THE RIGHTS DESCRIBED IN SECTIONS 22 AND 23.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SWARMED AND ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO SWARMED IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).

THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FOR FRAUD, OR FOR OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

If you are a consumer in the European Economic Area, the United Kingdom, or Switzerland, the first paragraph of this Section 17 does not apply to you. Instead, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill, but we are not responsible for loss or damage that is not foreseeable, or for business losses. If you are in Australia, Section 22 also applies.

18. Indemnification

You agree to indemnify, defend, and hold harmless Swarmed and its owners, officers, employees, agents, and licensors from any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of: (a) your misuse of the Service; (b) your User Content; (c) your breach of these Terms; or (d) your violation of any rights of another person or applicable law. We may assume the exclusive defense of any matter subject to indemnification, in which case you agree to cooperate with us. If you are a consumer in the European Economic Area, the United Kingdom, Switzerland, or Australia, this Section 18 applies only to the extent the loss was caused by your breach of these Terms or your negligent or wrongful act or omission.

19. Your Data

You are responsible for keeping your own copies of any information you need to retain, such as records of swarms you have collected. We maintain routine backups and take reasonable steps to protect your data, but we cannot guarantee that data will never be lost or corrupted. Our liability for any loss or corruption of data is subject to Section 17. You can request a copy of your personal data as described in our Privacy Policy.

20. Governing Law

If your contracting party is Swarmed LLC, these Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-law principles, and the United Nations Convention on Contracts for the International Sale of Goods does not apply.

If your contracting party is the Swarmed sole proprietorship, these Terms are governed by the laws of the Netherlands.

Nothing in this Section deprives you of the protection of mandatory laws of the country, state, or territory where you live that cannot be excluded by agreement, including, for consumers in the European Economic Area and the United Kingdom, the consumer protection law of the place where you reside, and, for users in Australia, the Australian Consumer Law (see Section 22).

21. Dispute Resolution

We prefer to resolve disputes informally. Please contact us at [email protected] and give us a chance to resolve the matter before bringing a formal claim. If a dispute cannot be resolved informally within 60 days:

Nothing in this Section prevents you from contacting a consumer protection authority or using any dispute resolution scheme available to you by law.

22. Additional Terms for Users in Australia

If you are located in Australia, this Section applies to you and prevails over anything else in these Terms.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If a failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law or any other Australian law that cannot lawfully be excluded or limited ("Non-Excludable Rights"). Every disclaimer, release, limitation, and indemnity in these Terms (including Sections 7, 16, 17, and 18) applies only to the extent permitted by law and is subject to your Non-Excludable Rights. Where the services are not of a kind ordinarily acquired for personal, domestic, or household use or consumption, and to the extent the law permits, our liability for failure to comply with a consumer guarantee is limited to supplying the services again or paying the cost of having them supplied again.

23. Additional Terms for Consumers in the EEA, the UK, and Switzerland

If you are a consumer located in the European Economic Area, the United Kingdom, or Switzerland, this Section applies to you and prevails over anything else in these Terms.

Right of withdrawal. You have the right to withdraw from a paid subscription within 14 days of the day you purchased it, without giving any reason. To withdraw, use "Withdraw from your subscription" in your account settings, or send us a clear statement (for example, by email to [email protected]) before the 14 days end. We will refund what you paid in full, without undue delay and in any event within 14 days, using the same payment method you used, and we will confirm your withdrawal by email.

Renewal and cancellation. Where the law where you live gives you the right to end an automatically renewed contract at any time with limited notice (for example, under Dutch or German law once the initial term has ended), you may do so at any time using "End your subscription now" in your account settings or by emailing us; your subscription ends straight away, and we refund the unused part of the period you paid for.

Legal guarantee. You have a legal guarantee that the Service conforms to these Terms. Nothing in these Terms affects your statutory rights as a consumer.

24. Notices for Certain U.S. States

California. If you are a California resident and a complaint with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (800) 952-5210.

New Jersey. If you are a New Jersey consumer, the provisions of Sections 7, 16, 17, and 18 apply only to the extent permitted by New Jersey law, and nothing in these Terms limits any right you have under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act.

25. Electronic Communications and Signatures

By using the Service, you consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing. You consent to the use of electronic signatures and records in our dealings.

26. Miscellaneous

These Terms and any policies or terms presented at checkout constitute the entire agreement between you and Swarmed regarding the Service. Our failure to exercise or enforce any right or provision will not operate as a waiver. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force. We are not responsible for any delay or failure to perform caused by events beyond our reasonable control. You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or to a successor to our business, provided that doing so does not reduce your rights under these Terms. There is no joint venture, partnership, employment, or agency relationship created between you and Swarmed. The Service may contain typographical errors or inaccuracies, which we may correct at any time. Section headings are for convenience only. These Terms do not give any rights to anyone other than you and Swarmed, except that the people released in Section 7 may rely on that release. If we provide a translation of these Terms, the English version controls to the extent permitted by law.

27. Contact Us

For any questions about these Terms, contact us at [email protected], or write to Swarmed LLC, 30 N Gould St, Sheridan, WY 82801, USA, or Swarmed, Louis Couperusplein 2 T, 2514 HP The Hague, the Netherlands.