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Terms and Conditions

Last updated: May 13, 2026

These Terms and Conditions (the "Terms") govern your access to and use of the Swarmed website at beeswarmed.org 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.

1. Our Services

Swarmed connects people who encounter honey bee swarms with beekeepers and beekeeping associations who can collect them humanely. The Service is provided in the United States and internationally; you are responsible for ensuring that your use of the Service complies with the laws of your jurisdiction. Swarmed does not perform swarm removals itself and is not an employer or agent of the beekeepers or associations listed on the Service.

2. Intellectual Property Rights

The Service — including its software, source code, design, text, graphics, 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.

3. User Representations

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 are not a minor in your jurisdiction (or have parental consent where required); (d) you will not use the Service for any unlawful or unauthorized purpose; and (e) your use does not violate any applicable law or these Terms.

4. User Registration

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, suspend, or revoke any username at our discretion.

5. Fees and Payments

The core Service is free to use. If we offer paid features in the future, the price, billing terms, and refund policy applicable to those features will be presented at the point of purchase and form part of these Terms. You agree to pay all applicable fees and taxes for paid features you purchase.

6. Acceptable Use

You agree not to:

7. User-Generated Content

The Service allows you to submit content such as swarm reports, photographs, descriptions, messages, comments, 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.

8. License to User Content

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, (b) backups retained for a reasonable period, and (c) anonymized or aggregated data derived from your content.

9. No Professional Advice; Safety

Information on the Service is provided for general informational purposes only and is not a substitute for professional pest-control, veterinary, medical, or legal advice. Honey bees and other stinging insects can pose 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. Swarmed is not responsible for actions or omissions of beekeepers, associations, lead partners, or other users in response to a report.

10. 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. We do not employ, supervise, control, endorse, or recommend any beekeeper, association, or service partner, and we do not verify their identity, credentials, qualifications, training, equipment, licensing, insurance, background, or fitness to perform any work.

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

You expressly assume all 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 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."

Nothing in these Terms is intended to exclude or limit liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by our own negligence, fraud, or any other liability that cannot be lawfully limited.

11. Service Management

We reserve the right (but are not obligated) to: (a) monitor the Service for violations of these Terms; (b) take legal action against anyone who, in our discretion, violates these Terms; (c) refuse, restrict, or disable access to any User Content or any portion of the Service; and (d) otherwise manage the Service in a manner designed to protect our rights and the rights of our users.

12. 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.

12A. Communications, Lead Sharing, and TCPA Consent

When you submit a swarm report or service request, the on-form consent disclosure presented at the point of submission states: "By submitting, you acknowledge our Terms & Conditions and Privacy Policy, and consent to contact by local beekeepers or removal professionals at the provided phone/email, including via automated technology." By clicking submit, you agree to that disclosure and to this Section 12A.

By providing your contact information through the Service, you agree that Swarmed and our lead and outreach partners — including Instantly (email outreach) and, for users in the United States only, Networx (home-services lead marketplace, from which Swarmed LLC may receive a referral fee) — 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.

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, beekeepers and removal professionals to whom your report is routed, and our lead partners (including Networx), including calls and messages placed using an automatic telephone dialing system, artificial or prerecorded voice, or SMS autodialer. You acknowledge that:

For users located in the European Economic Area, the United Kingdom, or Switzerland, we do not share contact details with Networx, and 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, that party is responsible for its own communications and compliance with applicable law. We encourage you to review their privacy and communications policies before engaging with them.

13. Copyright Infringement

If you believe content on the Service infringes your copyright, send a written notice to info@beeswarmed.org 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.

14. Term and Termination

These Terms remain in effect while you use the Service. We may suspend or terminate your access at any time, with or without notice, including if we reasonably believe you have violated these Terms or applicable law. You may stop using the Service or delete your account at any time. Provisions that by their nature should survive termination — including intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution — will survive.

15. Modifications and Interruptions

We may modify, suspend, or discontinue the Service (or any feature) at any time, with or without notice. We are not liable to you or any third party for any modification, price change, suspension, or discontinuation. We do not guarantee that the Service will be available at all times; downtime may occur for maintenance, updates, or events beyond our control.

16. 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 mandatory consumer protections granted by the law of your country of residence, including, for EU and UK consumers, the protections of EU consumer law and the law of the EU member state or part of the United Kingdom in which you reside.

17. Dispute Resolution

We prefer to resolve disputes informally. Please contact us at info@beeswarmed.org before bringing any formal claim. If a dispute cannot be resolved informally within 60 days:

These forum-selection rules do not override mandatory consumer-protection law that gives you the right to sue or be sued only in the courts of your country of residence. EU and UK consumers may also use the European Commission's online dispute resolution platform at ec.europa.eu/consumers/odr.

18. Corrections

The Service may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors and to update information at any time without prior notice.

19. 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 OR LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SWARMED AND ITS 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) 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 UNDER APPLICABLE LAW (FOR EXAMPLE, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, DEATH, OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE).

21. Indemnification

You agree to indemnify, defend, and hold harmless Swarmed and its officers, employees, agents, and licensors from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of: (a) your use 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 reserve the right to assume the exclusive defense of any matter subject to indemnification, in which case you agree to cooperate with us.

22. User Data

You are responsible for any data you transmit through the Service. While we maintain routine backups, we are not liable for any loss or corruption of data. You agree that we have no liability for the loss or corruption of such data, and you waive any right of action against us arising from such loss or corruption.

23. 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.

24. California Users

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.

25. Miscellaneous

These Terms and any policies or operating rules posted by us 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. You may not assign these Terms without our prior written consent; we may assign them freely. There is no joint venture, partnership, employment, or agency relationship created between you and Swarmed.

26. Contact Us

For any questions about these Terms, contact us at info@beeswarmed.org.