Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and SwarmSeek LLC ("SwarmSeek," "Company," "we," "us," or "our"), a limited liability company organized under the laws of the State of Delaware. By creating an account, accessing, or using the SwarmSeek platform at swarmseek.io (the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must immediately discontinue use of the Service.

You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this agreement. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Service

SwarmSeek is a subscription-based job search productivity platform that provides the following services:

• Curated Recruiter Matching: AI-powered matching of job seekers with recruiters from our proprietary database based on career profile surveys, resume analysis, and algorithmic scoring.
• AI Resume Analysis: Automated extraction and analysis of uploaded resumes using artificial intelligence to identify skills, experience, target industries, and seniority level for the purpose of improving recruiter match quality.
• Tiered Recruiter Access: Access to a curated selection of 5, 10, or 15 matched recruiters depending on the User's selected subscription tier, including recruiter contact information, company details, and match relevance scores.
• Career Profile Tools: Guided onboarding surveys to capture job search preferences including target industry, geographic preferences, salary expectations, work arrangement preferences, and desired company size.

SwarmSeek is strictly a productivity and information tool designed to assist Users in their job search. The Service does not constitute employment placement, staffing, recruiting, career counseling, or professional advisory services. SwarmSeek does not act as an employment agency and is not a party to any employment relationship between Users and recruiters or employers.

3. User Accounts and Registration

To access the Service, you must create an account using Google Single Sign-On (SSO) authentication. By registering, you agree to:

• Provide truthful, accurate, and complete information during registration and in your career profile
• Maintain the security of your account credentials and authentication methods
• Promptly notify SwarmSeek of any unauthorized access to your account
• Accept full responsibility for all activities conducted through your account
• Use only one account per individual person

SwarmSeek reserves the right to suspend or terminate any account at any time, with or without notice, for any reason, including but not limited to violation of these Terms, suspected fraudulent activity, or inactivity exceeding twelve (12) consecutive months.

4. Subscription Plans and Billing

The Service offers tiered subscription plans that determine the number of curated recruiter matches available to the User:

• Starter (5 matches): Included with base subscription
• Growth (10 matches): Premium tier, pricing to be announced
• Premium (15 matches): Premium tier, pricing to be announced

All fees are quoted and payable in United States Dollars (USD). Fees are non-refundable except as expressly stated herein. SwarmSeek reserves the right to modify pricing at any time with thirty (30) days' notice to existing subscribers. Price changes will take effect at the start of the next billing cycle following the notice period.

By subscribing to a paid plan, you authorize SwarmSeek to charge your designated payment method on a recurring basis until you cancel your subscription. Failure to pay may result in suspension or termination of your access to the Service.

5. Refund Policy

Monthly subscriptions may be cancelled at any time. Upon cancellation, your access continues through the end of the current billing period. No prorated refunds will be issued for partial months.

Multi-month or annual subscription plans are billed in full at the time of purchase. Refund requests for multi-month plans must be submitted within seven (7) calendar days of the initial purchase date. After the seven-day window, no refunds will be issued for any reason, including but not limited to dissatisfaction with match quality, changes in employment status, or failure to use the Service.

6. Acceptable Use Policy

You agree to use the Service solely for lawful, personal job search purposes. The following activities are strictly prohibited and constitute grounds for immediate account termination without refund:

• Scraping, crawling, harvesting, copying, redistributing, reselling, sublicensing, or commercially exploiting any recruiter data, match results, or other content obtained through the Service
• Using automated tools, bots, scripts, or any non-human means to access the Service or extract data
• Sharing account access with third parties or operating multiple accounts
• Sending spam, unsolicited bulk communications, or messages in violation of the CAN-SPAM Act, TCPA, GDPR, or any other applicable law using information obtained through the Service
• Harassing, threatening, defaming, or sending abusive messages to recruiters, employers, or any individuals whose information is accessible through the Service
• Attempting to reverse-engineer, decompile, disassemble, or otherwise discover the source code, algorithms, or proprietary methods of the Service, including but not limited to the matching algorithm or AI analysis systems
• Circumventing, disabling, or interfering with security features, access controls, or usage limits of the Service
• Uploading malicious files, viruses, or content designed to disrupt the Service
• Using recruiter data for purposes unrelated to your personal job search, including competitive intelligence, recruiting services, lead generation, or marketing
• Misrepresenting your identity, qualifications, or intent when using the Service or communicating with matched recruiters

7. Intellectual Property

The Service, including but not limited to all software, algorithms, matching logic, AI models, user interfaces, designs, text, graphics, logos, trademarks, and the compilation and arrangement of recruiter data (collectively, "SwarmSeek IP"), is the exclusive property of SwarmSeek LLC and is protected by United States and international copyright, trademark, trade secret, and other intellectual property laws.

Your subscription grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial job search purposes only. This license does not grant you any ownership rights in the SwarmSeek IP. All rights not expressly granted herein are reserved by SwarmSeek LLC.

The recruiter database, including the selection, coordination, and arrangement of recruiter profiles, match scores, and algorithmic outputs, constitutes a proprietary compilation and trade secret of SwarmSeek LLC. Unauthorized reproduction, distribution, or disclosure of any portion of this database is strictly prohibited and may result in civil and criminal liability.

8. User Content and Data License

By uploading your resume, completing career profile surveys, or otherwise submitting content to the Service ("User Content"), you grant SwarmSeek LLC a worldwide, royalty-free, non-exclusive, perpetual, irrevocable license to use, process, analyze, store, and create derivative works from your User Content for the following purposes:

• Providing, operating, and improving the Service, including AI resume analysis and recruiter matching
• Developing, training, and improving our algorithms, AI models, and matching systems
• Generating anonymized, aggregated analytics and insights about platform usage and job market trends
• Conducting internal research and product development

You represent and warrant that you own or have the necessary rights to all User Content you submit, and that your User Content does not violate any third party's intellectual property or privacy rights.

9. Recruiter Data

Recruiter information provided through the Service is sourced from publicly available professional directories, verified third-party data providers, and proprietary research. While SwarmSeek makes reasonable efforts to maintain data accuracy, we make no representations or warranties regarding the completeness, accuracy, timeliness, reliability, or availability of any recruiter information, including but not limited to contact details, job titles, company affiliations, or industry classifications.

Recruiter data is provided solely for the User's personal job search purposes. Users acknowledge and agree that recruiter profiles and contact information accessed through the Service remain the proprietary property of SwarmSeek LLC. Users shall not retain, store, or use recruiter data beyond the scope of active use of the Service. Upon account termination, all rights to access and use recruiter data immediately cease.

10. AI-Powered Features Disclaimer

The Service utilizes artificial intelligence and machine learning technologies for resume analysis, skill extraction, and recruiter matching. You acknowledge and agree that:

• AI-generated analyses, match scores, and recommendations are provided on an "as-is" basis and may contain errors, inaccuracies, or omissions
• Match scores and rankings are algorithmic estimates and do not guarantee the quality, responsiveness, or suitability of any recruiter
• SwarmSeek does not guarantee any specific outcomes from AI-powered features, including but not limited to the accuracy of skill extraction, the relevance of industry classifications, or the quality of recruiter matches
• AI features may be modified, updated, or discontinued at any time without notice
• Resume content submitted for AI analysis may be processed by third-party AI service providers subject to their respective terms and privacy policies

11. No Employment Guarantee

SwarmSeek expressly disclaims any guarantee, representation, or warranty regarding employment outcomes. The Service is a productivity tool only. SwarmSeek does not guarantee that:

• Any recruiter will respond to your outreach or inquiries
• Any recruiter match will result in job interviews, offers, or employment
• Matched recruiters are currently hiring or have positions relevant to your qualifications
• The use of the Service will improve your job search outcomes in any measurable way

Users acknowledge that employment outcomes depend on numerous factors entirely outside the control of SwarmSeek, including but not limited to market conditions, User qualifications, recruiter availability, and employer hiring decisions. Under no circumstances shall the failure to obtain employment constitute grounds for a refund, claim, or dispute against SwarmSeek LLC.

12. Indemnification

You agree to indemnify, defend, and hold harmless SwarmSeek LLC, its officers, directors, members, employees, agents, licensors, and service providers (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your communications with or conduct toward recruiters, employers, or third parties
• Any content you submit through the Service, including your resume, profile information, and outreach messages
• Any claim by a third party arising from your use of recruiter data obtained through the Service

This indemnification obligation shall survive the termination of your account and these Terms.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SWARMSEEK LLC, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your access to, use of, or inability to use the Service
• Any conduct or content of any third party, including recruiters, employers, or other users
• Any content or data obtained from or through the Service
• Unauthorized access to or alteration of your data or transmissions
• The accuracy, reliability, or completeness of AI-generated analyses, match scores, or recommendations
• Any employment or career outcomes or lack thereof

IN NO EVENT SHALL SWARMSEEK LLC'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE LESSER OF: (A) THE TOTAL AMOUNT YOU HAVE PAID TO SWARMSEEK IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY UNITED STATES DOLLARS ($50.00).

THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF THE LEGAL THEORY UPON WHICH THE CLAIM IS BASED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF SWARMSEEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SWARMSEEK LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

SWARMSEEK DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SWARMSEEK DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICE.

15. Dispute Resolution and Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, the Service, or the relationship between you and SwarmSeek LLC ("Dispute") shall be resolved exclusively through final and binding individual arbitration, rather than in court, except that either party may bring a claim in small claims court if the claim qualifies.

CLASS ACTION WAIVER: YOU AND SWARMSEEK AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING.

Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall take place in Wilmington, Delaware, or at another mutually agreed location. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Pre-Arbitration Notice Requirement: Before initiating arbitration, you must send a written notice of the Dispute to SwarmSeek LLC at legal@swarmseek.io describing the nature of the claim and the relief sought. The parties shall attempt to resolve the Dispute through informal negotiation for a period of sixty (60) days from receipt of the notice. If the Dispute is not resolved within this period, either party may commence arbitration.

16. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. For any claims not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware. You waive any objection to venue and personal jurisdiction in such courts.

17. Termination

SwarmSeek LLC reserves the right to suspend, restrict, or terminate your account and access to the Service at any time, with or without cause, and with or without notice. Grounds for termination include but are not limited to:

• Violation of any provision of these Terms
• Conduct that SwarmSeek reasonably believes is harmful to other Users, recruiters, third parties, or the business interests of SwarmSeek
• Non-payment of subscription fees
• Fraudulent or misleading account information
• Extended inactivity

Upon termination: (a) your license to use the Service immediately ceases; (b) you must discontinue all use of recruiter data obtained through the Service; (c) SwarmSeek may delete your account data in accordance with our Privacy Policy; (d) any outstanding payment obligations survive termination; and (e) no refunds will be issued for unused subscription time remaining at the time of termination for cause.

18. Modifications to Terms

SwarmSeek LLC reserves the right to modify, amend, or replace these Terms at any time at its sole discretion. When we make material changes, we will update the "Last updated" date at the top of this page and may notify Users via email or in-app notification. Your continued use of the Service following the posting of revised Terms constitutes your acceptance of and agreement to the changes. If you do not agree to the revised Terms, your sole remedy is to discontinue use of the Service.

19. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

20. Entire Agreement

These Terms, together with the Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and SwarmSeek LLC with respect to the Service and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the Service.

21. Waiver

The failure of SwarmSeek LLC to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by SwarmSeek LLC.

22. Force Majeure

SwarmSeek LLC shall not be liable for any failure or delay in performance of its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, riots, government actions, power failures, internet or telecommunications outages, or third-party service provider failures.

23. Contact Information

For questions, concerns, or notices regarding these Terms of Service, contact SwarmSeek LLC at: