Terms of Service

These terms are between you and Growth Maps Media Ltd (14823630), a UK registered company (dba Swarm) ("Swarm" or "Company") and you agree to them as a User of the "Site" or "Services" (as defined below). 

We reserve the right, at any time, to modify the Services and/or the terms of this Agreement without prior notice. We recommend that you check these Terms of Service periodically to see if there have been any amendments. Amendments will become effective immediately upon being posted on the Site. Your continued use of the Services after modifications are posted will be considered an acceptance of the modified Terms of Service.

Site and Services. Company develops and maintains a web-based application service that allows people who have signed up for the Services or Site ("Customers") to: (a) create video links (“Prompts”) to request people who receive one of these links ("Respondents") to submit video recordings and photos of themselves using a mobile device or webcam on their computer ("Responses"), (b) create, edit, and produce marketing quality videos ("Videos") incorporating Responses with other audio, video, or image content uploaded by Customer ("Customer Content") and other audio, video, or image content created, developed, or licensed by Company ("Company Content"), (c) host and stream videos using Company's video player, galleries, and other widgets ("Embeds") placed or embedded on Customer site or other authorized third party site ("Authorized Site"). In addition, the manner in which Customers, Respondents, and any other person that, includes, but is not limited to, people that come to or visit the Site or view or access any Embeds ("Visitors") (collectively, a "User" or "Users") access the Site and Services determines what type or types of Users you are and to which obligations and terms you must adhere.

1. Customer Obligations and Terms 👱

The following provisions pertain only to Customers as defined above.

a. Registration and Password. By registering with Company, you agree that all information provided to us is true and accurate and you will keep it current throughout your use of the Services. During the registration process, you may be asked to select a password. The password and your account are for your individual use only, and are not to be shared with coworkers, friends or family. You agree to keep your password confidential at all times and notify Company immediately if you learn of an unauthorized use of your password. You are fully responsible for activities or transactions that relate to your account or your password. All information we obtain about you in connection with your use of the Services is subject to our Privacy Policy at https://swarm.com/privacy, which is incorporated by reference into these Terms of Service.

b. Customer Materials. During your participation in the Services, you may provide Company with (i) certain Company information, including, but not limited to, Company Marks and other audio, video recordings, or images (referred to as "Customer Content"); (ii) Respondent contact information, although this information is not necessary for performance of the service; and (iii) any other information you decide to submit to Company or upload to the Site (collectively, (i), (ii), and (iii), the "Customer Materials"). You warrant that all Customer Materials uploaded by you, either from your own computer, mobile device, or another website/server, is either created and owned by you, or you have the necessary licenses, rights, and permissions to use the Customer Materials as you intend to use them and as contemplated by the Site and grant Company the rights described herein.

c. Retention of Customer Materials. Unless otherwise requested by the Customer, required by law or the terms of this Agreement, Company shall delete any and all Customer Materials and related Respondent Materials six (6) months after the termination or cancelation of your use of the Services.

d. Limited Customer Materials License. To allow Company to provide you the Services, you hereby grant Company, a non-exclusive, fully transferable, worldwide, fully-paid right and license to use, reproduce, modify, create derivative works from, distribute, perform, transmit, and display your Customer Materials, but only for the limited purposes of providing the Services to you and as otherwise permitted by the Company privacy policies. This license also extends to any trusted third parties we work with to the extent necessary to provide the Services to you. You retain all ownership of your Customer Materials.

e. Limited Company Content License. Company has developed proprietary video, audio, and image content, and additionally licenses certain audio and image content from third parties, including musical recordings, photos, and/or video clips (referred to as "Company Content"). Company makes this Company Content available to its Customers for use in creating Prompts via templates and Videos. Ownership of all separate intellectual property rights in Company Content remains with Company and/or any third-party licensor, and your right to use such material is subject to these Terms of Service.

f. Rights to Prompts and Videos. Company hereby grants to Customer ownership of Prompts and Videos created and consistent with the terms of this Agreement. Notwithstanding the foregoing, you do not have any use or ownership rights to Company Content outside of Prompts and completed Videos unless expressly granted by the rightsholders of such Company Content or by law. Except as granted and authorized in accordance with these Terms of Service, you may not distribute, reproduce, or copy, communicate to the public, transform or modify, adapt, translate, or otherwise use and exploit said works.

Through your use of Videos, you agree to the following rights and restrictions:

• (i) you grant Company a non-exclusive, fully transferable, worldwide, fully paid right and license to use, reproduce, modify, create derivative works from, distribute, perform, transmit, and display Customer Content for the limited purpose of producing and distributing the Prompts and Videos for you as permitted under these Terms of Service;

• (ii) if Company Content featuring an individual is used in connection with a sensitive, unflattering, or controversial subject, you agree that you must include a statement that the image is used for illustrative purposes only and the individual is a model or actor; and

• (iii) notwithstanding anything to the contrary in these Terms of Service, you must immediately cease use of and destroy all materials containing Respondent Materials (as defined in Section 2(a)), including Prompts and Videos, if requested by the subject Respondent, either as communicated directly to you by the Respondent or if Company informs you they have received such request from such Respondent.

Company is under no obligation to host, stream, or store the Prompts, Responses, and Videos after the expiration of the subscription period or termination of the Services with Customer. Customer must download the Prompts, Responses, and Videos before the service period expires or is terminated if they wish to use such material outside the subscription period.

g. Customer Lists. Company may identify you (by name and logo) as a Company Customer on Company's website and on other promotional materials.

h. Payment of Fees. If you select one of our paid plans as a Customer ("Paid Customer"), you agree to pay all subscription fees or fees associated with your use of the Services, as appropriate ("Fees"). You agree to be billed through the payment provider, Stripe, for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. All payments shall be in U.S. dollars and are non-refundable.

i. Taxes. You are responsible for payment of any sales or use taxes associated with the Fees or your use of the Site or Services.

j. Subscriptions. Our Services are billed on a subscription basis ("Subscription"). This means that you will be billed in advance on a recurring, periodic basis (each period is called a "Billing Cycle"). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by contacting our customer success team. While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.

k. Price Changes. Company may change the Fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. Company will provide you with advance notice of any change in Fees.

l. Subscription Upgrades Added Mid-Subscription Term. You may request to upgrade during a subscription term. The additional subscription upgrade will be prorated for the portion of that subscription term remaining at the time the subscription upgrade is added. Any such additional subscription upgrade will renew or terminate on the same date as the underlying subscription. 

m. Downgrades and Inactivity. You acknowledge that we reserve the right to convert any Paid Customer account to a free customer account upon non-receipt of a subscription fee or cancel the account entirely. You understand and agree that in the event your status as Paid Customer is terminated or interrupted for any reason, including, but not limited to, the expiration of the Subscription and/or your failure to renew a new Subscription, that your Prompts, Responses, and Videos may become disabled and will not be viewable on any site. Furthermore, we reserve the right to terminate any free customer account with no prior notice to you, including the deletion of any videos and content associated therewith.

n. Video Embed Limitation of Liability. Company provides Video Embeds, including but not limited to video players, galleries, and other dynamic content, to embed and stream Prompts, Responses, and Videos on an Authorized Site. Embeds and any other services provided by Company are included within the definition of "Services". If you choose to use an Embed on your site or via a Customer System or Social Media Account, you agree to disclaim all liability and waive all potential damages, including, but not limited to interruption in service to key business systems, data loss or corruption, inadvertent video distribution using Embeds to your Customer Systems and Social Media accounts.

2. Respondent Obligations and Terms 🤳 

The following provisions pertain only to Respondents as defined above.

a. Respondent Materials. During your participation in the Services as a Respondent, you will provide Company with audio, video recordings, or photos of yourself or other likeness (referred to as "Responses") and (ii) your contact information (collectively, (i) and (ii) the "Respondent Materials"). You warrant that all Respondent Materials uploaded or contributed by you, either from your own computer, mobile device, or another website/server, is created and owned by you and you can enter into this Agreement and license the Respondent Materials to Company. You shall own the Respondent Materials and may revoke your consent for use of your Responses or Respondent Materials at any time upon providing notice to Company or Customer as set forth in Section 6.

b. Respondent Material License. To allow Company and the requesting Customer to offer you the Services, you hereby grant Company and the requesting Customer a non-exclusive, fully-transferable, worldwide, fully-paid right and license to use, reproduce, modify, create derivative works from, distribute, perform, transmit, and display your Respondent Materials. By doing so, the requesting Customer becomes the "Data Controller" of the Respondent Materials. Customer may further amend, extend, and modify the license to the Respondent Materials by having Respondent execute a clickthrough agreement (each a "Custom Video Release") between the Respondent and Customer at the time of contribution. If you agree to a Customer Video Release, you are entering into a separate and binding agreement with the Customer. Company is not a party to any Custom Video Release.

c. Respondent Attribution. You agree and accept that by submitting Respondent Materials, you confirm and agree to have your name and other attributes, including but not limited to location, title, and organization affiliation, displayed and included in Videos made from your Respondent Materials. You warrant that you are who you say you are and are not attempting to misrepresent your identity.

d. Respondent Release. You hereby acknowledge that you release any and all claims, demands, obligations, liabilities, costs, expenses, actions, or causes of action against Company, the requesting Customer, and their agents, successors, assigns, and licensees, in connection with use of any and all Respondent Materials in compliance with the license set forth in Section 2(b) above. You hereby release any and all claims whatsoever in connection with the use of your image, likeness, privacy, and name and the reproduction thereof as aforesaid, including libel and defamation and waive any right to inspect and/or approve any images, photographs, films, video recordings, or advertising copy that may be used in connection therewith or the use to which it may be applied, used prior to your revocation of consent as permitted, and as may be withdrawn by contacting Company as set forth in Section 6. If applicable, you hereby affirm that you have obtained consent of the legal guardian of any minor depictured and that such signatory. You affirm that you have the right to contract in your own name and have been advised that you can seek review of the terms of this agreement from independent legal counsel.

Respondents' opinions, comments and views are their own and Company shall not be liable for your views, comments, or opinions, and shall not be liable for any damages arising from your views, opinions, or comments, including, but not limited to, falsehoods or hate speech.

3. All User Obligations and Terms 👨‍💻️

The following provisions in this section pertain to all Users, including but not limited to Customers, Respondents, and Visitors, as they are defined above.

a. Minors. You must be thirteen (13) years of age or older to be a User of the Services. By continuing to use the Services, you are warranting that you are at least thirteen (13) years old. You further warrant that you have the authority to enter into these Terms of Service.

b. Conduct. You agree to obey all applicable rules and regulations in using the Services, and agree that you are responsible for the contents of your submissions or communications through the Site, including, but not limited to, Customer Materials and Respondent Materials (collectively, "Submissions").

You agree that you will not upload, share, or otherwise distribute any Submissions that:

• (i) are unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or impersonate another person;

• (ii) contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or in any way violate child pornography laws;

• (iii) victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

• (iv) infringe on any patent, trademark, trade secret, copyright, right of publicity, or other right of any party;

• (v) constitute unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

• (vi) contain software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;

• (vii) contain measures that could be used to determine the architecture of the Site, or could be used to decompile, disassemble, or reverse engineer the Site; or are to be used for a commercial purpose of any kind except as set forth herein; and

Company reserves the right to terminate your account and your use of any Services if it is discovered you are using the account against these Terms of Service, particularly as set forth in this section.

c. Site Content. Company does not endorse the contents of any Submissions. We do not pre-screen or monitor Submissions. However, Company retains right, at our sole discretion, to remove any content of any kind that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content.

If you would like to notify us of content which you believe does not comply with these Terms of Service, please contact us as set forth in Section 6. Make sure to include both the Uniform Resource Locator ("URL") for the non-complying video or content, and the reasons you believe it does not comply. You understand that in using the Services, you may be exposed to materials that are objectionable as set forth above. You hereby waive and agree to waive all rights, claims, and actions in law or equity against Company arising from your exposure to such Submissions.

You agree that we may at any time, and at our sole discretion, terminate your account without prior notice to you and without reimbursement if we suspect a violation any of these Terms of Service. In addition, you acknowledge that we will cooperate fully with investigations by law enforcement authorities.

d. Linking and Use of Embeds. We encourage you to link to content on the Site and to embed Embeds on your site or other third party sites. You may not link to the Site unless you comply with these linking conditions.

Your right to link to the Site or use Company Embeds is expressly conditioned upon your compliance with the following restrictions:

• (i) screenshots of the Site, quotes taken from our text, video, or audio content, and any references to our brand, domain, or web pages must include a search-engine-followable HTML link;

• (ii) the link may not use, defame, or tarnish any logo, graphic, tagline, service mark, trademark, or copyrighted information of Company or any other third party;

• (iii) the link and surrounding materials must not deliver the Site content in a framed environment, or alter the layout, content, look, or feel of the Site;

• (iv) the link and surrounding materials must not imply affiliation or falsely represent any relationship between the linking site and Company;

• (v) the link and surrounding materials must not portray Company, Prompts, Responses, Videos or services available on the Site, or the Site itself, in a false, misleading, derogatory, defamatory or otherwise offensive manner; and

• (vi) Embeds must be used to embed Prompts, Responses, or Videos and you may not attempt to dissemble, modify, or otherwise tamper with them.

e. Limitation of Resources. You agree that we have no responsibility or liability for the deletion or failure to store or stream any content maintained or transmitted on or through the Services. The accounts of our Users operate on shared resources. Excessive use or abuse of these shared network resources by one User may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited. You acknowledge that we have the right, at our sole discretion, to terminate your account, or limit the amount of storage space, bandwidth, or other resources you may use.

4. General Terms and Obligations 🗒️

a. Third Party Sites and Information. Our Site may include links to other sites on the internet, or be accessed from other sites on the internet, that are owned and operated by online merchants and other third parties, and which may contain references to information, software, materials, products, and/or services provided by the third party. Your use of those third-party sites is undertaken at your own risk, and is subject to the terms of use and privacy policies of each site. We do not endorse nor assume any liability for the third-party websites, services, or products.

b. Changes to the Services. At its sole discretion, Company may offer additional Services and/or products, or update, modify, or revise any current content and Services or their usage restrictions, and this Agreement shall apply to any and all additional Services and any and all updated, modified, or revised Services unless otherwise stipulated. Company does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products at any time to all or specific customers. You acknowledge, accept, and agree that Company shall not be held liable for any such updates, modifications, revisions, suspensions, or discontinuance of any of our Site or Services. Company shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion, and/or any failure to store user content, communication or personalization settings.

c. Company's Intellectual Property Rights. Company is the owner and retains all proprietary rights to the Site and the Services and all associated copyrights, trademarks, brands, service marks, patents and patentable material, or other proprietary rights under law whether registered or unregistered. Copying, distributing, modifying, or creating derivative works of Company's Services without Company's written permission is strictly prohibited.

Company's trademarks and/or service marks may not be used in connection with any product or service that is not provided by Company, in any manner that is likely to cause confusion among customers or users of the site, tarnishes or dilutes the marks, or disparages or discredits Company.

d. Others' Intellectual Property Rights. Company respects third party intellectual property rights that may be implicated in creating a Story. These intellectual property rights, and your responsibilities with respect to these rights. All trademarks and/or service marks displayed on the Site are the exclusive property of their respective owners, and may not be used without the owner's permission.

e. Repeat Infringers. Your account will be terminated if, at Company's sole discretion, you are determined to be a Repeat Infringer. "Repeat Infringers" are Users who have been the subject of one (1) or more valid takedown requests that have not been successfully rebutted, or are otherwise deemed so by Company.

f. Disclaimer of Warranties. ALL Company SERVICES, INCLUDING WITHOUT LIMITATION OPEN SOURCE SOFTWARE, AND THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.

THE USE OF THE SERVICES, THE UPLOADING OF CUSTOMER MATERIALS AND/OR RESPONDENT MATERIALS, OR THE STREAMING, EMBEDDING, DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR CONTENT, INCLUDING BUT NOT LIMITED TO PROMPTS, RESPONSES, VIDEOS, AND EMBEDS, THROUGH THE SERVICES OR THROUGH THIRD PARTIES', IS DONE AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

g. Limitation of Liability. IN NO EVENT WILL Company OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

h. Indemnification. You agree to indemnify and hold Company, and its respective parents, subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys' fees and costs, made by any third party due to or arising out of (a) your use or misuse of the Site or Services, (b) the viewing of your content or video, (c) the violation of laws, rules, regulations or terms this Agreement, (d) your failure to comply with Company's terms of service or other terms of any open source licenses, if applicable,(e) infringement by your content, by you, or by someone using your account, of any intellectual property or any other right of any person or entity. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Company in asserting any available defenses.

i. Termination of Use. We may terminate or suspend your use of the Services at our discretion and for any reason. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the Services immediately ceases, and we may immediately deactivate or delete your account and all related information. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension.

j. Distribution Terms. In distributing Prompts, Replies, and Videos to third parties, Customer must obtain the third party's agreement to these Terms of Service. Customer shall indemnify and defend Company for any and all claims or causes of action arising from the third party's use of Videos. Customer assumes all responsibility for compliance with the terms of this Agreement by third party recipients of Videos.

5. Governing Law ⚖️

The laws of England and Wales will apply to all matters relating to these Terms of Service and we each irrevocably agree to submit all disputes arising out of or in connection with the Terms of Service to the exclusive jurisdiction of the English courts..

6. Notices ✍️

All notices to Company, including requests from a Respondent to withdraw their consent to Company and/or Customer's use of Respondent Materials, shall be in writing and must be sent to hello@growthmaps.com. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you when registering or updating your account. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.

7. Miscellaneous ➕

If any provision of this Agreement shall be unlawful, void, or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.

You agree that this Agreement may be assigned by Company, in our sole discretion, to any third party at any time. You may not transfer or assign any of your rights and obligations under this Agreement, and any attempt to do so will be null and void.

This Agreement, together with the site Privacy Policy, shall constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understanding of the parties with respect thereto.

Any attempt to modify or supplement the terms of this Agreement and/or the Privacy Policy shall be null and void unless agreed to in writing signed by both parties.

Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.

In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees.