Terms & Conditions

Updated: November 10, 2022

Updated: January 5, 2026  

1. Agreement to Terms

By accessing or using the website located at https://www.swarmdigital.io (the “Site”), and any services, features, content, or applications offered by Swarm Digital, LLC (“Swarm Digital,” “we,” “us,” or “our”), you (“you” or “User”) agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not access or use our Site or services.

These Terms constitute a legally binding agreement between you and Swarm Digital, LLC, a limited liability company with offices in New York, NY and Tampa, FL.

2. Services

Swarm Digital provides digital marketing services including, but not limited to:

  • Search Engine Optimization (SEO) services
  • Website design and development
  • E-commerce website design and development
  • Digital marketing strategy and consulting
  • Branding and logo design
  • Copywriting and content creation
  • Review management
  • Business listing management
  • AI-assisted SEO services
  • SMS/text message appointment scheduling and follow-up communications

The scope, pricing, deliverables, and timeline for any engagement shall be outlined in a separate proposal or statement of work agreed upon by both parties prior to commencement of services.

3. User Accounts and Client Portals

Certain features of our services may require you to create an account or access a client portal (such as SwarmAI). When you create an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain the security and confidentiality of your login credentials
  • Promptly notify us of any unauthorized access to your account
  • Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms or that are inactive for an extended period.

4. Intellectual Property

4.1 Our Intellectual Property

All content on the Site — including but not limited to text, graphics, logos, images, software, and design elements — is the property of Swarm Digital, LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content on the Site without our prior written consent.

4.2 Client Work Product

Unless otherwise agreed in writing, upon full payment for services rendered, clients shall receive ownership of custom deliverables (such as website designs, logos, and written content) created specifically for them. Swarm Digital retains the right to showcase completed work in its portfolio and marketing materials unless the client requests otherwise in writing.

4.3 Third-Party Tools and Licenses

Certain deliverables may incorporate third-party tools, plugins, themes, or software that are subject to their own license terms. Clients are responsible for maintaining compliance with such third-party licenses.

5. Payment Terms

  • Payment terms, amounts, and schedules are defined in the applicable proposal or statement of work.
  • Invoices are due upon receipt unless otherwise specified.
  • Late payments may incur interest at a rate of 1.5% per month or the maximum rate permitted by law, whichever is less.
  • Swarm Digital reserves the right to suspend services for accounts with overdue balances.
  • All fees are non-refundable unless otherwise stated in the applicable agreement.

6. SMS/Text Messaging

By providing your phone number to Swarm Digital — whether through our website contact form, during a phone call, via email, or through any other communication — you consent to receive text messages (SMS) from us. These messages may include:

  • Appointment booking links and confirmations
  • Follow-up messages related to your inquiry or project
  • Service updates and scheduling communications

Opt-Out:

You may opt out of receiving text messages at any time by replying STOP to any message. After opting out, you will receive one final confirmation message and no further texts will be sent.

Message Frequency & Rates:

Message frequency varies based on your interaction with our services. Standard message and data rates may apply depending on your mobile carrier and plan. Swarm Digital is not responsible for any charges incurred from your carrier.

Help:

For assistance with text messaging, reply HELP to any message or contact us at (855) 244-4407 or info@swarmdigital.io.

We do not sell, rent, or share your phone number with third parties for marketing purposes. Your phone number is used solely for the purposes described above.

7. Website Use and Conduct

When using our Site, you agree not to:

  • Use the Site for any unlawful purpose or in violation of any applicable law
  • Attempt to gain unauthorized access to any portion of the Site, server, or connected systems
  • Interfere with or disrupt the operation of the Site
  • Use automated tools (bots, scrapers, crawlers) to access the Site without our express written permission
  • Upload or transmit viruses, malware, or any other harmful code
  • Impersonate any person or entity, or misrepresent your affiliation with any person or entity

8. Analytics and Cookies

Our Site uses cookies and analytics tools (including Google Analytics) to collect information about how visitors interact with the Site. This data helps us improve our services and user experience. By using the Site, you consent to the use of cookies as described in our Privacy Policy.

You can manage your cookie preferences through your browser settings or by using the cookie settings control on our Site. For more information, please review our Privacy Policy at https://www.swarmdigital.io/privacy-policy/.

9. Third-Party Links

Our Site may contain links to third-party websites or services. Swarm Digital does not control and is not responsible for the content, privacy practices, or availability of third-party sites. Inclusion of any link does not imply endorsement. You access third-party sites at your own risk.

10. Disclaimer of Warranties

THE SITE AND ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Swarm Digital does not guarantee specific results from SEO services, marketing campaigns, or any other services. Digital marketing outcomes depend on numerous factors beyond our control, including but not limited to search engine algorithm changes, market conditions, and competitor activity.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWARM DIGITAL, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR OUR SERVICES.

Our total liability for any claims arising under these Terms shall not exceed the total amount paid by you to Swarm Digital in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Swarm Digital, LLC, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Site or services; (b) your violation of these Terms; or (c) your violation of any rights of any third party.

13. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of an engagement. This includes, but is not limited to, business strategies, analytics data, login credentials, client lists, and financial information. This obligation survives termination of services.

14. Termination

Either party may terminate a service engagement as specified in the applicable proposal or statement of work. Swarm Digital reserves the right to terminate or suspend your access to the Site or services at any time, with or without cause, and with or without notice.

Upon termination: (a) all outstanding invoices become immediately due; (b) any licenses granted to you under these Terms will terminate; and (c) provisions that by their nature should survive termination (including Sections 4, 10, 11, 12, and 13) will survive.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in New York, NY, in accordance with the rules of the American Arbitration Association.

16. Changes to These Terms

We reserve the right to update or modify these Terms at any time. Changes will be effective immediately upon posting to the Site. Your continued use of the Site after any changes constitutes acceptance of the updated Terms. We encourage you to review this page periodically.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy and any applicable proposal or statement of work, constitute the entire agreement between you and Swarm Digital, LLC regarding your use of the Site and services, and supersede any prior agreements or understandings.

19. Contact Us

If you have any questions about these Terms, please contact us:

Swarm Digital, LLC

Tampa, FL and New York, NY

Phone: (855) 244-4407

Email: info@swarmseo.com

Web: https://www.swarmdigital.io/contact-swarm-digital-marketing/