https://swarmsec.ai/assets/TermsAndConditions-BihXo15_.js

1import{j as e}from"./app-p2CaXbEC.js";import"./Textarea-DvHPPDgP.js";import"./telemetry-IvUomjEH.js";import"./AuthSwarmScene-DsIm4788.js";import{b as i,L as n}from"./LegalPage-r-_nqs3q.js";import"./MarketingHeader-Nie64ZP6.js";import"./MarketingLayout-_lEwIomH.js";import"./api-base-DwRyaKIg.js";import"./site-constants-wo9uIO1B.js";import"./Button-Du9JXjM3.js";import"./Dialog-DYEm-v8U.js";import"./useRestoreOverlayFocus-BYFzu0Om.js";import"./x-FlebFrbD.js";import"./external-link-BlqlpqYk.js";import"./arrow-right-BFPE35Ba.js";import"./check-CytGTt5B.js";import"./copy-Bu7r6X6s.js";import"./clerk-session-XlKE_8Mo.js";import"./menu-D1V4Ds71.js";const r="/terms-and-conditions",t="2026-05-07",a={title:"Terms and Conditions",effectiveDate:t,lastUpdated:t,intro:['These Terms and Conditions (the "Agreement") govern paid use of the Swarm service ("Service") provided by SwarmSec, Inc. ("Swarm," "we," "us"). By creating an account, signing an order form, or using the Service, you agree to this Agreement on behalf of the customer entity you represent ("Customer," "you").',"You represent and warrant that you have authority to bind the Customer to this Agreement. If you do not have that authority, do not use the Service.","This Agreement is the binding contract for paid use of Swarm. The separately published Terms of Use govern public use of swarmsec.ai. The separately published Privacy Policy describes our handling of personal information."],sections:[{num:"1",id:"definitions",heading:"Definitions",body:["In this Agreement, capitalized terms have the meanings given here:",e.jsx(e.Fragment,{children:e.jsxs("ul",{children:[e.jsxs("li",{children:[e.jsx("strong",{children:'"Authorized User"'})," means any employee, contractor, or agent of Customer authorized by Customer to access and use the Service under Customer's account."]}),e.jsxs("li",{children:[e.jsx("strong",{children:'"Authorized Target"'})," means any system, host, application, repository, API, or other asset Customer designates as in-scope for a Swarm engagement and that Customer owns, controls, or is otherwise authorized to subject to penetration testing."]}),e.jsxs("li",{children:[e.jsx("strong",{children:'"Customer Data"'})," means information Customer or any Authorized User submits to the Service, including target lists, scope configuration, repository access credentials (for grey-box and white-box engagements), and any other content Customer designates as input to an engagement. Customer Data does not include Engagement Output, Usage Data, or Feedback."]}),e.jsxs("li",{children:[e.jsx("strong",{children:'"Engagement"'})," means a single Swarm penetration test against a Customer-defined Authorized Target set, executed under the engagement modes described in Section 3."]}),e.jsxs("li",{children:[e.jsx("strong",{children:'"Engagement Output"'})," means the deliverables Swarm produces from an Engagement, including the structured report, the audit trail, finding records, exploit chain compositions, validated proof-of-concept artifacts, and any related metadata. Engagement Output is jointly accessible to Swarm and Customer per Section 8."]}),e.jsxs("li",{children:[e.jsx("strong",{children:'"Fees"'})," means the amounts payable by Customer for the Service, as set forth in the applicable order form, online checkout, or pricing page."]}),e.jsxs("li",{children:[e.jsx("strong",{children:'"Service"'})," means the Swarm penetration testing platform, including the engagement runtime, dashboard, APIs, deliverables, retest mechanism, documentation, and any updates we make available."]}),e.jsxs("li",{children:[e.jsx("strong",{children:'"Sub-processor"'})," means a third-party service provider Swarm uses to deliver the Service, as listed in Section 7."]}),e.jsxs("li",{children:[e.jsx("strong",{children:'"Usage Data"'})," means data Swarm derives from Customer's use of the Service for operations, security, analytics, and product improvement, in aggregated or de-identified form. Usage Data does not include Customer Data or personally identifiable information about Authorized Users."]})]})})]},{num:"2",id:"access",heading:"Access and Use",subsections:[{num:"2.1",heading:"Provision of access",body:["Subject to Customer's payment of Fees and compliance with this Agreement, Swarm grants Customer a non-exclusive, non-transferable, non-sublicensable right to access and use the Service for Customer's internal business purposes during the term. Customer may permit Authorized Users to use the Service in accordance with this Agreement; Customer is responsible for the acts and omissions of every Authorized User."]},{num:"2.2",heading:"Customer Data ownership and license",body:["Customer retains all right, title, and interest, including all intellectual property rights, in and to Customer Data. Customer is solely responsible for the accuracy and legality of, and the means by which Customer acquires, Customer Data.","Customer grants Swarm a non-exclusive, royalty-free, worldwide license to access, store, process, and reproduce Customer Data as necessary to provide the Service, including running Engagements, generating Engagement Output, and producing Usage Data."]},{num:"2.3",heading:"Usage Data",body:["Customer acknowledges that Swarm may generate Usage Data based on Customer's use of the Service. Customer grants Swarm a non-exclusive, royalty-free, worldwide, perpetual license to use Usage Data to operate, maintain, secure, and improve the Service; to publish industry benchmarks and threat-intelligence summaries in aggregated form; and to develop new features. Usage Data will not identify Customer, its Authorized Users, or its Confidential Information."]},{num:"2.4",heading:"Customer authorization for testing",body:["Customer represents and warrants that, for every Authorized Target Customer designates, Customer either (i) owns or c

1ontrols the Target, or (ii) has obtained all consents, licenses, authorizations, and approvals necessary to subject the Target to penetration testing by Swarm under this Agreement, including any consents required from cloud providers, third-party hosts, parent or subsidiary entities, joint-venture partners, or any other party with rights in or control over the Target.","Customer is solely responsible for defining the engagement scope, the Authorized Target list, and any rules of engagement. Customer remains solely responsible for ensuring that any external penetration testing it authorizes through the Service complies with all applicable laws, third-party terms, and contractual obligations.","Customer agrees to maintain documentation of authorization sufficient to satisfy a reasonable third-party reviewer (such as an auditor, cloud provider, or law-enforcement inquiry) and to provide that documentation to Swarm on reasonable request."]},{num:"2.5",heading:"Use restrictions",body:["Customer shall not, and shall not permit any Authorized User or third party to:",e.jsx(e.Fragment,{children:e.jsxs("ul",{children:[e.jsx("li",{children:"Use the Service to test, probe, or attack any system that is not an Authorized Target."}),e.jsx("li",{children:"Copy, modify, or create derivative works of the Service, in whole or in part."}),e.jsx("li",{children:"Rent, lease, lend, sell, sublicense, assign, distribute, or otherwise make the Service available to any third party."}),e.jsx("li",{children:"Reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Service, in whole or in part."}),e.jsx("li",{children:"Remove any proprietary notices from the Service or its documentation."}),e.jsx("li",{children:"Use the Service in a manner that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law."}),e.jsx("li",{children:"Conduct benchmarking of the Service against any competing product or service for the purpose of developing a competitive offering."}),e.jsx("li",{children:"Use the Service to develop, train, or improve any product or service that competes with Swarm."})]})})]},{num:"2.6",heading:"AI and model training restrictions",body:["Customer shall not, and shall not permit any Authorized User or third party to, use the Service, any Customer Data, any Engagement Output, any Usage Data, or any other data or content generated by the Service (including without limitation telemetry data, audit trail rows, command responses, exploit payloads, or attack simulation data), or any portion of the foregoing, to directly or indirectly train, fine-tune, distill, or otherwise improve any machine learning, artificial intelligence, large language model, agent system, or automated decision-making system, including without limitation any model designed to detect, emulate, predict, or respond to cybersecurity threats or attacks.","This prohibition applies regardless of whether such systems are for internal use or commercial distribution and whether trained alone or in combination with other data. Any such use is strictly prohibited and constitutes a material breach of this Agreement."]},{num:"2.7",heading:"Suspension",body:["Swarm may temporarily suspend Customer's or any Authorized User's access to the Service if Swarm reasonably determines that: (i) there is a security threat to or attack on Swarm's systems; (ii) Customer's or any Authorized User's use poses a security risk to or disrupts the Service or other customers; (iii) Customer or any Authorized User is using the Service for fraudulent, illegal, or out-of-scope activities (including testing systems that are not Authorized Targets); or (iv) Customer's account is more than ten days past due. Swarm will use commercially reasonable efforts to notify Customer of suspension and to restore access promptly once the issue is resolved."]},{num:"2.8",heading:"Reservation of rights",body:["Except for the limited rights and licenses expressly granted in this Agreement, no other right, title, or interest in or to the Service or any Swarm intellectual property is granted to Customer by implication, waiver, estoppel, or otherwise."]}]},{num:"3",id:"engagement",heading:"Engagement Workflow",subsections:[{num:"3.1",heading:"Free attack-surface preview",body:[`Before payment, Customer may run a free attack-surface preview against an Authorized Target. The preview maps the public-facing surface; it does not include the full Engagement scope, full specialist dispatch, the audit trail, or the structured report. The preview is provided "as is" and on an evaluation basis. Customer's representations in Section 2.4 apply to any preview just as they apply to a paid Engagement.`]},{num:"3.2",heading:"Engagement modes",body:["Each paid Engagement is configured in one of three modes: black-box (Swarm tests with no privileged access beyond what is publicly available); grey-box (Customer provides limited credentials, sample documentation, or guided context); white-box (Customer grants Swarm read access to a source-code repository or equivalent privileged context). Customer selects the mode at engagement creation. Mode selection does not change Customer's representations in Section 2.4."]},{num:"3.3",heading:"Source code handling for grey-box and white-box",body:["For grey-box and white-box Engagements, Customer may grant Swarm access to a source-code repository or upload a repository archive to the Service. Source code provided to Swarm:",e.jsx(e.Fragment,{children:e.jsxs("ul",{children:[e.jsx("li",{children:"Is held in scoped, encrypted storage during the Engagement."}),e.jsx("li",{children:"Is accessible only to the specialist agents and orchestrator processes serving the Engagement."}),e.jsx("li",{children:"Is destroyed at Engagement end, except for excerpts referenced inside finding evidence in the Engagement Output."})]})}),"Customer is responsible for ensuring it has the right to grant Swarm access to any source code provided. Customer should not provide source code 

1containing third-party material it is not authorized to share."]},{num:"3.4",heading:"Engagement runtime and scope discipline",body:["A Swarm Engagement typically completes in roughly two hours of wall-clock time. Engagement scope is enforced at the tool layer: out-of-scope hosts are rejected before any HTTP call leaves the orchestrator, and out-of-scope source paths are rejected before they are read by a specialist. Swarm operates in a read-only posture by default; destructive operations (data modification, denial-of-service techniques, credential compromise against production identities) require explicit per-Engagement approval from Customer."]},{num:"3.5",heading:"30-day remediation re-test window",body:["For thirty (30) calendar days following delivery of the Engagement Output, Customer is entitled to one re-run of the same Engagement against the same Authorized Target set, at no additional Fee, to verify remediation. The re-run produces a diff report showing closed findings, open findings, and any newly surfaced findings. The re-test window applies per Engagement; it does not roll over or accumulate across multiple Engagements."]}]},{num:"4",id:"fees",heading:"Fees and Payment",subsections:[{num:"4.1",heading:"Fees",body:["Customer shall pay the Fees set forth in the applicable order form, online checkout, or current pricing page, without offset or deduction. All Fees are due and payable as specified at the point of purchase. Unless otherwise agreed in writing, Fees are non-refundable once an Engagement has begun, except as provided in Section 4.4 (Engagement Guarantee)."]},{num:"4.2",heading:"Taxes",body:["Fees are exclusive of taxes. Customer is responsible for all sales, use, value-added, withholding, and similar taxes imposed on amounts payable under this Agreement, other than taxes imposed on Swarm's net income."]},{num:"4.3",heading:"Late payment",body:["Past-due Fees accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. Swarm may suspend access for accounts more than ten days past due, per Section 2.7."]},{num:"4.4",heading:"Engagement Guarantee",body:["Notwithstanding Section 4.1, Swarm offers the following refunds. (a) Auditor acceptance. If the external auditor conducting Customer's SOC 2, ISO 27001, PCI DSS, HIPAA, or comparable assessment declines to accept an Engagement's report as evidence for the penetration-testing control, Swarm will, upon Customer's written request within sixty (60) days after the Engagement, refund the Fees paid for that Engagement. (b) White-box zero findings. If Customer connects source code to an Engagement (a white-box Engagement) and Swarm returns zero valid findings for that Engagement, the Engagement is free and Swarm will refund the Fees, or restore the credits, applied to it. This subsection (b) does not apply to black-box or external-only Engagements.","The remedies in this Section 4.4 are in addition to the performance-warranty remedy in Section 9.2. A refund under this Section refunds the affected Engagement only."]}]},{num:"5",id:"confidentiality",heading:"Confidentiality",subsections:[{num:"5.1",heading:"Confidential Information",body:[`Each party may disclose to the other information it considers confidential ("Confidential Information"). Confidential Information of Customer includes Customer Data, target lists, source code (for grey-box and white-box Engagements), and any Engagement-specific information identified or reasonably understood to be confidential. Confidential Information of Swarm includes the Service's architecture, the specialist orchestration mechanics, internal documentation, threat intelligence, and any pre-release product information.`,"Confidential Information does not include information that: (i) is or becomes publicly known through no fault of the receiving party; (ii) was rightfully known to the receiving party before disclosure; (iii) was rightfully obtained from a third party without restriction; or (iv) was independently developed without use of the disclosing party's Confidential Information."]},{num:"5.2",heading:"Duty",body:["The receiving party will (i) protect the disclosing party's Confidential Information using at least the same degree of care it uses for its own confidential information of similar kind, but no less than reasonable care; (ii) use Confidential Information only as necessary to perform under this Agreement; and (iii) limit access to its employees, contractors, and advisors with a need to know who are bound by confidentiality obligations no less protective than those in this Agreement."]},{num:"5.3",heading:"Compelled disclosure",body:["If a receiving party is compelled by law or legal process to disclose Confidential Information, it will, where legally permitted, provide the disclosing party with prompt written notice and reasonable assistance so the disclosing party can seek a protective order or other appropriate remedy."]}]},{num:"6",id:"data",heading:"Data Protection",body:[e.jsxs(e.Fragment,{children:["Swarm processes personal information per its Privacy Policy and, where applicable, per a separate Data Processing Addendum (DPA). To request the current DPA, contact"," ",e.jsx("a",{href:"mailto:[email protected]",children:"[email protected]"}),"."]}),"Swarm is working toward SOC 2 Type 2 attestation; ISO 27001 certification is scoped, audit not yet started. Swarm will maintain reasonable administrative, technical, and physical safeguards designed to protect Customer Data against unauthorized access, use, alteration, or disclosure."]},{num:"7",id:"subprocessors",heading:"Sub-processors",body:["Swarm uses the following Sub-processors to deliver the Service. Each is bound by data-protection terms appropriate to its role.",e.jsx(e.Fragment,{children:e.jsxs("ul",{children:[e.jsxs("li",{children:[e.jsx("strong",{children:"Anthropic, PBC"})," (United States): Claude API and Managed Agent runtime that powers the AI specialist agents. Operated under a zero-data-retention arrangement."]}),e.jsxs("li",{children:[e.jsx("strong",{children:"Stripe, Inc."})," (United States): payment processing."]}),e.jsxs("li",{children:[e.jsx("strong",{children:"Clerk, Inc."})," (United States): authentication, organization tenancy, and session management."]}),e.jsxs("li",{children:[e.jsx("strong",{children:"Render Services, Inc."}

1)," (United States, AWS regions): infrastructure hosting for the application, API, database, and engagement runtime."]})]})}),"Swarm may add or replace Sub-processors. Material additions will be communicated to active Customers in advance, where commercially practical, and Customer may terminate the affected Engagement for cause if it reasonably objects to a new Sub-processor and Swarm cannot provide a substitute."]},{num:"8",id:"ip",heading:"Intellectual Property",subsections:[{num:"8.1",heading:"Swarm IP",body:["Swarm and its licensors retain all right, title, and interest in and to the Service and all Swarm intellectual property, including the orchestrator design, specialist prompts and configurations, tool surface, audit-trail schema, scoring rubrics, internal threat intelligence, and any improvements, enhancements, or derivative works of the foregoing. Nothing in this Agreement transfers ownership of any of the foregoing to Customer."]},{num:"8.2",heading:"Engagement Output",body:["Customer owns the Engagement Output specific to its own Engagements (the report narrative customized for Customer's Targets, the finding records identifying Customer-specific issues, and the audit trail rows for Customer's Engagements), and may use, copy, redistribute, and incorporate the Engagement Output into Customer's own compliance evidence, audit submissions, internal reports, and customer-facing assurance materials.","Swarm retains rights in the underlying frameworks, schemas, methodology, and any de-identified or aggregated insights derived from Engagements across all customers."]},{num:"8.3",heading:"Feedback",body:["If Customer or any Authorized User provides feedback, suggestions, or comments about the Service, Customer grants Swarm a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable license to use the feedback for any purpose without restriction or compensation. Swarm will not identify Customer as the source of feedback without Customer's prior written consent."]}]},{num:"9",id:"warranties",heading:"Warranties and Disclaimers",subsections:[{num:"9.1",heading:"Mutual warranties",body:["Each party warrants to the other that: (i) it has the authority and capability to enter into and perform under this Agreement; (ii) execution and performance of this Agreement do not violate any applicable law or contract; (iii) it has obtained all necessary consents, licenses, and approvals required for performance, including, with respect to Customer, all authorizations required to subject the Authorized Targets to penetration testing by Swarm."]},{num:"9.2",heading:"Performance warranty",body:["Swarm warrants that the Service will perform materially in accordance with its then-current documentation. Customer must notify Swarm of any breach of this warranty within thirty (30) days after the Engagement that gave rise to the claim. Customer's sole and exclusive remedy, and Swarm's sole liability, for breach of this warranty is for Swarm to re-perform, modify, or replace the Service to bring it into material conformance with the documentation, or, if Swarm cannot reasonably do so, to refund the Fees paid for the affected Engagement."]},{num:"9.3",heading:"Disclaimer",body:['EXCEPT FOR THE WARRANTIES EXPRESSLY STATED IN THIS SECTION 9, THE SERVICE AND ALL ENGAGEMENT OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SWARM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AN

1D ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.',"SWARM MAKES NO WARRANTY THAT THE SERVICE OR ANY ENGAGEMENT OUTPUT WILL: (i) IDENTIFY ALL VULNERABILITIES OR WEAKNESSES IN ANY AUTHORIZED TARGET; (ii) BE SECURE, ACCURATE, COMPLETE, OR ERROR-FREE; (iii) MEET CUSTOMER'S COMPLIANCE OR REGULATORY REQUIREMENTS; OR (iv) OPERATE WITHOUT INTERRUPTION. PENETRATION TESTING IS AN ASSURANCE EXERCISE; A SUCCESSFUL ENGAGEMENT DOES NOT GUARANTEE SECURITY."]}]},{num:"10",id:"indemnification",heading:"Indemnification",subsections:[{num:"10.1",heading:"Swarm indemnification",body:["Swarm will defend Customer against any third-party claim alleging that the Service, as provided by Swarm and used by Customer in accordance with this Agreement, infringes a U.S. intellectual property right of the third party, and will pay amounts finally awarded against Customer (or agreed in settlement) on such claim. The foregoing does not apply to claims arising from: (i) Customer Data; (ii) any combination of the Service with data, software, hardware, or services not provided by Swarm; (iii) Customer's use of the Service outside the scope of this Agreement; or (iv) any modification of the Service not made by Swarm."]},{num:"10.2",heading:"Customer indemnification",body:["Customer will defend Swarm and its affiliates, and their respective officers, directors, employees, agents, and contractors, against any third-party claim, suit, action, or proceeding, and will pay amounts finally awarded (or agreed in settlement) on such claim, that:",e.jsx(e.Fragment,{children:e.jsxs("ul",{children:[e.jsx("li",{children:"Alleges that Customer Data, or any use of Customer Data in accordance with this Agreement, infringes or misappropriates a third party's rights;"}),e.jsx("li",{children:"Relates to Customer's or any Authorized User's gross negligence or willful misconduct;"}),e.jsx("li",{children:"Relates to Customer's use of the Service in a manner not authorized by this Agreement;"}),e.jsx("li",{children:"Relates to Customer's failure to obtain or maintain the authorizations represented and warranted under Section 2.4;"}),e.jsx("li",{children:"Relates to the probing, testing, scanning, analyzing, infiltrating, or intruding by Swarm into any system, environment, or asset that was designated by Customer as an Authorized Target, including Targets hosted by a third party or in a cloud environment, where Customer did not have the necessary authorization for such testing."})]})})]},{num:"10.3",heading:"Procedures",body:["The party seeking indemnification will promptly notify the indemnifying party of the claim, give the indemnifying party sole control over defense and settlement (provided the indemnifying party may not settle in a manner that imposes obligations on the indemnified party without consent), and provide reasonable cooperation at the indemnifying party's expense."]},{num:"10.4",heading:"Sole remedy",body:["This Section 10 sets forth the sole and exclusive remedy of the indemnified party, and the sole and exclusive liability of the indemnifying party, for the claims described in this Section 10."]}]},{num:"11",id:"liability",heading:"Limitation of Liability",body:["TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR REPUTATION; OR ANY LOSS, INTERRUPTION, OR RECOVERY OF DATA, EVEN IF SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY WERE OTHERWISE FORESEEABLE.","TO THE FULLEST EXTENT PERMITTED BY LAW, EITHER PARTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, UNDER ANY LEGAL THEORY, WILL NOT EXCEED THE TOTAL AMOUNTS PAID BY CUSTOMER TO SWARM UNDER THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.","THE FOREGOING LIMITATIONS DO NOT APPLY TO: (i) A PARTY'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 10; (ii) CUSTOMER'S BREACH OF SECTIONS 2.5 OR 2.6; (iii) EITHER PARTY'S BREACH OF SECTION 5 (CONFIDENTIALITY); OR (iv) A PARTY'S GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT."]},{num:"12",id:"term",heading:"Term and Termination",subsections:[{num:"12.1",heading:"Term",body:["This Agreement begins when Customer first accepts it (by creating an account, signing an order form, or paying for an Engagement) and continues until terminated as set forth in this Section 12."]},{num:"12.2",heading:"Termination for cause",body:["Either party may terminate this Agreement (or any active order form) on thirty (30) days' written notice of a material breach by the other party that remains uncured at the end of the notice period. Swarm may terminate immediately for Customer's breach of Section 2.4 (authorization), Section 2.5 (use restrictions), Section 2.6 (AI training restrictions), Section 4 (payment), or Section 5 (confidentiality)."]},{num:"12.3",heading:"Effect",body:["On termination, Customer shall cease all use of the Service. Customer's obligation to pay Fees that have accrued before termination survives. Swarm will, at Customer's request and within a reasonable period after termination, return or destroy Customer Data in its possession, except to the extent retention is required by law or for security audit retention."]},{num:"12.4",heading:"Survival",body:["Provisions that by their nature should survive termination will survive, including Sections 2.5, 2.6, 5, 8, 9.3, 10, 11, and 13."]}]},{num:"13",id:"misc",heading:"Miscellaneous",subsections:[{num:"13.1",heading:"Entire agreement",body:["This Agreement (together with any order form or DPA that incorporates it by reference) is the entire agreement between the parties on its subject matter and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties, written or oral, on that subject matter."]},{num:"13.2",heading:"Notices",body:[e.jsxs(e.Fragment,{children:["Notices under this Agreement must be in 

1writing. Notices to Swarm:"," ",e.jsx("a",{href:"mailto:[email protected]",children:"[email protected]"})," (with a copy to the notice address SwarmSec, Inc. publishes from time to time). Notices to Customer: the email address on file for the Customer's account."]})]},{num:"13.3",heading:"Force majeure",body:["Neither party will be liable for any delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, fire, flood, war, civil disturbance, terrorism, labor disputes, internet or power outages, cyberattacks, government actions, or pandemics. The affected party will use reasonable efforts to resume performance."]},{num:"13.4",heading:"Amendment and waiver",body:["No amendment to this Agreement is effective unless in writing and signed by an authorized representative of each party. No waiver is effective unless in writing and signed by the waiving party. A failure to enforce any right does not waive future enforcement."]},{num:"13.5",heading:"Severability",body:["If any provision of this Agreement is held invalid or unenforceable, the rest of the Agreement remains in effect and the parties will negotiate in good faith to replace the invalid provision with one that effects the original intent as closely as possible."]},{num:"13.6",heading:"Governing law and venue",body:["This Agreement is governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to this Agreement will be brought exclusively in the state or federal courts located in Delaware, and the parties consent to the personal jurisdiction of those courts."]},{num:"13.7",heading:"Assignment",body:["Customer may not assign or transfer this Agreement, in whole or in part, without Swarm's prior written consent (not to be unreasonably withheld). Swarm may assign this Agreement to a successor in connection with a merger, acquisition, or sale of substantially all of its assets."]},{num:"13.8",heading:"Export control",body:["Customer acknowledges that the Service may be subject to export control laws and regulations of the United States and other jurisdictions, and agrees to comply with all applicable export and import laws. Customer will not export, re-export, or transfer the Service to any country, individual, or entity prohibited under such laws."]},{num:"13.9",heading:"Equitable relief",body:["A breach or threatened breach of Sections 2.5, 2.6, 5, or 8 may cause irreparable harm for which monetary damages are not adequate. The non-breaching party is entitled to seek equitable relief (including injunction and specific performance) without the requirement to post a bond, in addition to all other remedies available at law or in equity."]},{num:"13.10",heading:"Anticorruption",body:["Each party agrees to comply with the U.S. Foreign Corrupt Practices Act (FCPA), the U.K. Bribery Act, and other applicable anticorruption laws, and represents that no payment made under this Agreement will constitute a bribe, kickback, or other improper payment."]},{num:"13.11",heading:"Independent contractors",body:["The parties are independent contractors. This Agreement does not create a partnership, joint venture, agency, or employment relationship. Neither party has authority to bind the other."]}]}]},o=i({path:r,name:"Terms and Conditions",description:"Customer agreement for paid use of the Swarm penetration testing service. Testing authorization, model-training restrictions, sub-processors, Delaware law.",lastModified:t});function I(){return e.jsx(n,{doc:a,meta:o})}export{I as default};