/ terms

Terms and Conditions

Version: v3.1 Effective date: 2026-05-07 Last updated: 2026-05-11

Scope. These Terms cover the marketing and documentation website at agent-swarm.dev (the "Site") and the Agent Swarm Cloud platform at cloud.agent-swarm.dev (the "Cloud Service"). Together, the Site and the Cloud Service are the "Service."

0. Parties

These Terms and Conditions ("Terms") are entered into between:

Desplega Labs, S.L., a Spanish private limited company (sociedad de responsabilidad limitada) with registered office in Barcelona, Spain, registered at the Registro Mercantil de Barcelona, CIF B27645381 (the "Company", "Desplega Labs", "we", "us", "our"); and
You ("Customer", "you"), as an individual (when acting as a consumer) or as the entity on whose behalf an authorized representative accepts these Terms (when acting as a business).

By creating an account, accessing the Service, or clicking "I agree," you agree to these Terms. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization. If you do not agree to these Terms, do not use the Service.

Information notice (Spanish LSSI Art. 10). The information about the Company in this Section satisfies the disclosures required of an information-society service provider established in Spain, including legal name, registered office, Registro Mercantil identification, CIF, and contact email (contact@desplega.sh).

1. Service Description

Agent Swarm is a cloud platform that lets you deploy and operate "swarms" of AI agents powered by Claude Code and other supported runtimes. The Cloud Service provisions virtual machines, databases, and object storage on your behalf and provides a management interface (the "Dashboard") at cloud.agent-swarm.dev.

The underlying Agent Swarm runtime is open-source software released under the MIT License at github.com/desplega-ai/agent-swarm. The cloud management layer — provisioning, billing, monitoring, integrations, and the Dashboard — is proprietary to Desplega Labs.

These Terms cover the Service. Your use of the open-source runtime under the MIT License is governed by that license and is unaffected by these Terms.

2. Account Terms

2.1 Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) and able to form a binding contract under Spanish law to use the Service. The Service is not available to individuals or entities subject to comprehensive trade sanctions administered by the EU, Spain, the United Nations, the United States, or the United Kingdom.

2.2 Registration

You create an account through Clerk (our authentication provider). Accounts are organized around organizations; an organization may have multiple members.

You agree to:

Provide accurate, current, and complete information during registration.
Keep your credentials confidential and not share them.
Notify us promptly at contact@desplega.sh if you suspect unauthorized access to your account.
Take responsibility for all activity under your account or organization, including activity by your members and agents.

2.3 One Subscription Per Organization

Each billing relationship corresponds to one organization. You may create multiple organizations, but each is billed independently.

3. Pricing, Plans, and Payments

3.1 Pricing

The Service is offered in three plans, published at agent-swarm.dev/pricing. The current rates as of the effective date of these Terms are summarized below; the live pricing page is the authoritative reference.

Plan	Price
Self-Hosted	€0 forever — open-source under the MIT License. You provide your own infrastructure and your own model API keys. Not governed by these Terms; governed by the MIT License.
Cloud	Graduated worker-based pricing in EUR, billed monthly through Stripe. Volume tiers are cumulative across the workers you provision in a billing period (see the tier table below). There is no separate platform/seat fee — pricing scales solely with worker count.
Enterprise	Custom pricing (single-tenant deployment, SSO/SAML, dedicated support). Contact sales. Governed by a separate signed order form that incorporates these Terms by reference.

3.1.1 Cloud — Graduated Worker Tiers

Cloud subscriptions use a graduated (i.e., cumulative, "Stripe-style") tier model: the unit price for each worker is €0.00, and a flat amount is added to your monthly bill once your worker count enters the corresponding tier. The first time you provision a worker triggers the Tier 1 flat fee; each subsequent tier adds its incremental flat amount on top of all prior tiers.

Tier	Worker count entering the tier	Unit price per worker	Incremental flat amount added	Cumulative monthly subscription
1	First 1 to 4 workers	€0.00	€30.00	€30 / month for 1–4 workers
2	Next 5 to 6 workers (i.e., the 5th and 6th worker)	€0.00	€15.00	€45 / month for 5–6 workers
3	Next 7 to 8 workers	€0.00	€15.00	€60 / month for 7–8 workers
4	Next 9 to 10 workers	€0.00	€10.00	€70 / month for 9–10 workers
5	Next 11 to 12 workers	€0.00	€10.00	€80 / month for 11–12 workers
6	Next 13 to 14 workers	€0.00	€10.00	€90 / month for 13–14 workers
7	Next 15 to 16 workers	€0.00	€10.00	€100 / month for 15–16 workers

Beyond 16 workers, please contact us at contact@desplega.sh for a custom quote (or evaluate the Enterprise plan).

Cloud pricing scales with worker count, not user seats. Workers run in isolated containers; you bring your own LLM/model API keys (see Section 5.4).

We may change prices on 30 days' advance notice by email or in-product notification. Price changes take effect at the start of your next billing cycle after notice expires; if you do not accept the change, you may cancel before that date and receive a partial pro-rata refund per Section 3.4.

3.2 Free Trial

New Customers receive a 7-day free trial of the Cloud plan with full access to all features and one (1) worker included. No credit card is required to start the trial.

The trial is cancellable at any time during the 7 days with no obligation to convert and no charge.
We may modify or discontinue the trial program at any time; modifications do not affect trials already in progress.
Trial access is governed by these Terms (other than payment obligations, which apply only after conversion to a paid subscription).

3.3 Payment

Subscriptions are billed monthly in EUR through Stripe, in advance, on the calendar day corresponding to the start of your subscription.
By subscribing, you authorize us (via Stripe) to charge your payment method on a recurring basis.
Failed payments are retried per Stripe's standard retry schedule. Continued failure may result in suspension under Section 3.5.
You are responsible for all taxes, levies, and similar charges (including, where applicable, Spanish or EU VAT and any equivalent indirect taxes in your country) except for taxes on our income.
Invoices are sent through Stripe to the billing email on file and are issued in compliance with Spanish invoicing rules (Real Decreto 1619/2012).

3.4 Cancellation and Refunds

You may cancel your subscription at any time from the Dashboard or by contacting contact@desplega.sh. Cancellation is effective immediately for the purposes of subscription renewal.
Partial pro-rata refund on cancellation. When you cancel mid-period, we will refund the unused portion of the current billing period on a pro-rata daily basis. We do not retain the unused portion of a paid period. Refunds are processed to the original payment method via Stripe within a reasonable time after cancellation; bank-side processing times may apply.
Refunds may be reduced by amounts representing usage already incurred, third-party costs already passed through, or any outstanding balances.
Statutory consumer rights — including the EU 14-day right of withdrawal under Directive 2011/83/EU and the Spanish Real Decreto Legislativo 1/2007 (texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios, "TRLGDCU") — apply where they apply by law and cannot be waived. Where the Service has begun to be performed during the withdrawal period at your express request, we may charge for the value of the service supplied up to the time of withdrawal.

3.5 Suspension and Tear-Down for Non-Payment

If a payment fails and is not resolved:

14 days past due: swarm machines may be stopped. Customer Data remains intact.
28 days past due: we reserve the right to tear down the infrastructure and delete associated Customer Data. We will attempt to notify you by email at the address on file before doing so.

4. Acceptable Use

You agree not to use the Service, and not to permit your members, agents, or end users to:

Violate any applicable law, regulation, or order, including export controls and sanctions, Spanish and EU consumer-protection law, the LOPDGDD, the LSSI, or the GDPR.
Infringe any third party's intellectual-property, privacy, publicity, or other rights.
Distribute malware, ransomware, viruses, or other malicious code.
Send spam, unsolicited messages, or messages that violate anti-spam laws (Spanish LSSI Art. 21, GDPR/ePrivacy, CAN-SPAM, CASL, etc.).
Attempt to gain unauthorized access to other customers' data, accounts, or infrastructure, or to our systems.
Interfere with, disrupt, or place an unreasonable load on the Service or its underlying infrastructure (including denial-of-service attempts, scraping that exceeds documented rate limits, or container-escape attempts).
Mine cryptocurrency or use the Service for compute-resource arbitrage unrelated to the Service's intended purpose.
Generate, distribute, or store content that is illegal under Spanish law or in the jurisdiction where the Service is delivered, including child sexual abuse material, content that incites violence, or content that violates applicable hate-speech, terrorism, or defamation laws.
Use AI agents in a manner that violates the acceptable-use or terms-of-service policy of any third-party model provider, integration, or other service you have connected (Anthropic, OpenAI, Slack, GitHub, GitLab, Linear, AgentMail, or any other Group C integration as defined in the Privacy Policy). Compliance with those third-party policies is your responsibility.
Resell, sublicense, or white-label the Service without our prior written consent.
Reverse-engineer, decompile, or attempt to derive the source code of the proprietary cloud management layer (the open-source runtime is exempt — you may study and modify it under the MIT License).
Bypass technical limitations, security features, or rate limits.
Use the Service to make automated decisions producing legal or similarly significant effects on individuals without disclosing and complying with applicable law (Art. 22 GDPR).

We reserve the right to investigate suspected violations and to suspend or terminate accounts that breach this Section.

5. Customer Data and Intellectual Property

5.1 Customer Data

"Customer Data" means data you submit to the Service or that your agents generate and store while running on the Service, including swarm configurations, prompts, outputs, files, integration payloads, and memory entries. As between you and us, you retain all rights, title, and interest in Customer Data.

5.2 License You Grant Us

You grant us a worldwide, non-exclusive, royalty-free license to host, store, transmit, process, display, and otherwise use Customer Data solely as necessary to provide and improve the Service, comply with law, and enforce these Terms. This license ends when the relevant Customer Data is deleted in accordance with the Privacy Policy retention schedule.

5.3 Our Role: Controller / Processor Split

Consistent with the Privacy Policy:

We act as data controller for account, billing, technical, security, and analytics data we collect about you.
We act as data processor on your behalf for Customer Data containing personal data, processing it solely on your documented instructions for the purpose of operating the Service.

A separate Data Processing Addendum (DPA), including the EU Standard Contractual Clauses where applicable, is available on request at contact@desplega.sh. The DPA, once executed, supersedes any conflicting provisions in these Terms with respect to processing of Customer Data containing personal data.

5.4 Sub-Processors and User-Configured Integrations

The Service uses the sub-processors listed in the Privacy Policy (Group A — infrastructure; Group B — analytics/error tracking). Those are the only sub-processors Desplega Labs engages directly.

Third-party services and AI providers that you connect to your swarm — including but not limited to Anthropic / Claude API, OpenAI, OpenRouter, Slack, GitHub, GitLab, Linear, AgentMail, custom MCP servers, and any other LLM, model provider, or tool you configure — are NOT Desplega sub-processors. They are services you select and connect under your own accounts, contracts, and API credentials. Desplega Labs:

Has no controller/processor relationship with you in respect of those services.
Does not execute DPAs or other agreements with those vendors on your behalf.
Acts solely as a passthrough for the API keys, OAuth tokens, and content you instruct the Service to send to them.

You are responsible for compliance, billing, acceptable use, IP clearances, and any data-protection obligations associated with those services. Their availability, behavior, output, accuracy, policy changes, or service interruptions are outside our control, and we are not liable for them.

5.5 Aggregated and De-Identified Data

We may generate aggregated, anonymized, or de-identified statistics from operation of the Service (e.g., total request volume, error rates, resource-usage trends). Such data does not identify you or any individual. We may use it to operate, improve, and promote the Service.

5.6 No Training

We do not use Customer Data to train AI models (ours or any third party's), and we do not authorize sub-processors to do so.

5.7 Service IP

The Service, the Dashboard, our trademarks, logos, documentation, and the proprietary management layer are owned by Desplega Labs, S.L. (or our licensors). These Terms grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes during your subscription. Nothing in these Terms transfers any IP rights in the Service to you.

5.8 Open-Source Runtime

The Agent Swarm runtime is licensed under the MIT License. Your rights under that license are not affected by these Terms. The MIT License governs use of the runtime, including for self-hosting.

5.9 Feedback

If you submit feedback, suggestions, or feature requests, you grant us a perpetual, irrevocable, royalty-free license to use them for any purpose without obligation to you.

6. Service Availability and Support

6.1 No SLA During Initial Launch

The Service is currently provided on a best-effort basis and "tal cual" / "as is". We do not guarantee uptime, latency, or any specific performance level unless we have agreed to a written Service Level Agreement (SLA) with you in a signed order form. We aim for high availability but cannot guarantee uninterrupted service.

6.2 Maintenance

We may perform scheduled or emergency maintenance. We will provide reasonable advance notice for planned maintenance where practical.

6.3 Third-Party Dependencies

The Service depends on the third-party providers listed in Group A and Group B of the Privacy Policy (e.g., Vercel, Convex, Clerk, Stripe, Hetzner, Plausible, Sentry, PostHog), and on the user-configured Group C integrations you connect (e.g., Anthropic, OpenAI, Slack, GitHub, GitLab, Linear, AgentMail). Outages, errors, or policy changes at those providers may degrade or interrupt the Service. To the maximum extent permitted by Spanish and EU law, we are not liable for issues caused by third-party providers, and especially not for issues caused by Group C integrations you have configured.

6.4 Support

Standard support is provided by email at contact@desplega.sh. Community support is available through our public Discord. Response times are not guaranteed unless covered by a paid Enterprise support plan documented in a signed order form.

7. Beta Features

We may offer features labeled "beta," "preview," "experimental," or similar. Beta features are provided as is ("tal cual"), may be unstable, and may be modified or discontinued at any time. SLAs and warranties (express or implied) do not apply to beta features.

8. Confidentiality

Each party may receive non-public information from the other ("Confidential Information"). The receiving party will use Confidential Information only as needed to perform under these Terms, will protect it with the same care it uses for its own confidential information (and no less than reasonable care), and will not disclose it to third parties except to its personnel and contractors with a need to know who are bound by similar obligations. Confidential Information does not include information that is or becomes public without breach, was already known, was independently developed, or is rightfully received from a third party. Disclosures required by law are permitted with prompt notice (where lawful).

9. Warranty Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" / "TAL CUAL" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS, OR THAT AGENT OUTPUTS WILL BE ACCURATE, COMPLETE, OR FIT FOR YOUR PURPOSE.

This Section does not exclude or limit any non-waivable rights you may have as an EU/Spanish consumer under Directive 2011/83/EU, Directive 2019/770/EU (digital content and digital services), the TRLGDCU, or other mandatory consumer-protection law.

10. Limitation of Liability

10.1 Excluded Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.

10.2 Aggregate Cap

EACH PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE LESSER OF:

(a) the total fees paid by Customer to Desplega Labs under these Terms in the six (6) months immediately preceding the event giving rise to the claim, or
(b) one hundred euros (EUR 100).

10.3 Time Limitation on Claims

Any claim arising out of or related to these Terms must be brought within one (1) year from the date the claimant knew or, exercising reasonable diligence, should have known of the cause of action, subject to the minimum statutory limitation periods under the Spanish Civil Code (Arts. 1968–1971) and other mandatory law, which prevail where shorter contractual limitations would otherwise be invalid.

10.4 Mandatory Carve-Outs

The exclusions and cap in Sections 10.1, 10.2, and 10.3 do not apply to:

A party's fraud or willful misconduct (dolo).
Gross negligence (culpa grave) to the extent Spanish case law prohibits its waiver; otherwise, liability for gross negligence is also subject to Sections 10.1 and 10.2.
Death or personal injury caused by negligence (mandatory under Spanish consumer law).
Mandatory rights of EU consumers under Directive 2011/83/EU, Directive 2019/770/EU, and the Spanish TRLGDCU, which are non-waivable.
Customer's obligation to pay fees due under these Terms.
Customer's indemnification obligations under Section 11.
Any liability that cannot be excluded or limited under applicable mandatory law.

10.5 Consumers

If you are a consumer (i.e., a natural person acting outside your trade, business, craft, or profession), you may have statutory rights that cannot be limited by contract. Nothing in these Terms limits or excludes those rights, and the most-favourable-to-the-consumer interpretation of any ambiguous clause shall prevail (Art. 80.2 TRLGDCU).

10.6 Allocation of Risk

The parties acknowledge that the allocation of risk in this Section 10 — including the cap, the time limitation, and the disclaimers — is a fundamental basis of the bargain and reflects the pricing of the Service. Without these limitations, the Company would not be able to offer the Service at the rates published.

11. Indemnification

11.1 By You

You will defend, indemnify, and hold us harmless from and against any third-party claim, demand, or proceeding (and resulting losses, damages, fines, and reasonable attorneys' fees) arising from or related to:

(a) your or your agents' use of the Service in breach of these Terms or applicable law;
(b) Customer Data, including any claim that Customer Data infringes a third party's intellectual-property, privacy, publicity, or other rights, or that it violates applicable law;
(c) your breach of Section 4 (Acceptable Use);
(d) your use of, or your agents' interaction with, any third-party service, AI provider, integration, model, or tool you have connected to the Service (i.e., Group C integrations as defined in Section 5.4 and the Privacy Policy), including but not limited to claims based on your alleged violation of those vendors' terms of service or acceptable-use policies, billing disputes with those vendors, exposure of data to those vendors, or output produced by their models; and
(e) any allegation that data you instructed us to transmit to a Group C integration was unlawful for that integration to receive.

11.2 By Us

We will defend you against any third-party claim alleging that the Service, when used as authorized by these Terms, infringes a third party's intellectual-property right enforceable in Spain or the European Union, and we will pay damages and costs finally awarded against you (or agreed in settlement). We have no obligation under this Section for claims arising from: (i) Customer Data; (ii) modifications not made by us; (iii) combination of the Service with anything not provided by us; (iv) use after we notify you to stop; or (v) third-party services, models, integrations, or open-source components (including the MIT-licensed runtime and any Group C integration). Our obligations under this Section 11.2 are subject to the cap in Section 10.2.

If the Service becomes, or in our opinion is likely to become, the subject of an infringement claim, we may, at our option: (1) procure for you the right to continue using it; (2) modify it to be non-infringing; or (3) terminate the affected portion of the Service and refund any prepaid, unused fees for that portion on a pro-rata basis.

11.3 Procedure

The indemnified party will (a) promptly notify the indemnifying party of the claim, (b) give the indemnifying party sole control of the defense and settlement (settlements that admit liability or impose obligations on the indemnified party require the indemnified party's consent, not unreasonably withheld), and (c) provide reasonable cooperation at the indemnifying party's expense.

12. Term and Termination

12.1 Term

These Terms apply from the date you first accept them and continue until terminated.

12.2 Termination by You

You may terminate at any time by canceling your subscription and (if desired) deleting your account. On cancellation, the partial pro-rata refund mechanism in Section 3.4 applies.

12.3 Termination by Us

We may suspend or terminate your access to the Service immediately if:

You materially breach these Terms (including non-payment under Section 3.5 or violations of Section 4) and, where the breach is curable, do not cure within 14 days of written notice.
Required by law or by a regulator, court, or law-enforcement authority.
Continuing to provide the Service to you would create an undue risk to us or other customers.

We may discontinue the Service (in whole or in part) on at least 30 days' notice, with a partial pro-rata refund of any unused prepaid fees.

12.4 Effect of Termination

On termination:

Your access to the Service ends.
Your swarm machines are stopped and infrastructure is torn down per the Privacy Policy retention schedule (Section 7).
Outstanding fees become immediately due.
Sections that by their nature should survive (Sections 5, 8, 9, 10, 11, 13, 14, and any accrued payment obligations) survive termination.

You may request export of Customer Data during the wind-down period; see the Privacy Policy.

13. Governing Law and Disputes

13.1 Governing Law

These Terms are governed by Spanish law (Derecho español), without regard to its conflict-of-laws rules. The UN Convention on Contracts for the International Sale of Goods does not apply.

13.2 Jurisdiction

Subject to Section 13.3 and any mandatory consumer-protection rules, the Courts and Tribunals of the City of Barcelona, Spain will have exclusive jurisdiction over any disputes arising out of or relating to these Terms or the Service.

13.3 EU and Spanish Consumers

If you are an EU consumer (i.e., a natural person acting outside your trade, business, craft, or profession), the mandatory consumer-protection rules of your country of habitual residence apply notwithstanding the choice of law in Section 13.1, and you may bring proceedings against us in the courts of your country of residence (Art. 18(1), Brussels I bis Regulation 1215/2012). Nothing in these Terms deprives you of the protection afforded by mandatory provisions of the law of your habitual residence.

EU consumers may also use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

13.4 No Class Actions

Where permitted by law, the parties waive any right to participate in a class, collective, or representative action arising out of these Terms. This waiver does not apply where prohibited by Spanish or EU mandatory law (including consumer-collective-action rights).

14. Compliance and Export Controls

You represent that you are not located in, under the control of, or a resident of any country or on any list subject to comprehensive trade sanctions administered by the EU, Spain, the UN, the US, or the UK, and that your use of the Service does not violate applicable export-control or sanctions laws.

15. Changes to These Terms

We may update these Terms from time to time. For material changes, we will notify you by email or through the Service at least 30 days before they take effect. Continued use after the effective date constitutes acceptance. If you do not agree, you may terminate before the effective date and receive a partial pro-rata refund per Section 3.4.

16. Miscellaneous

Entire Agreement. These Terms, the Privacy Policy, any executed DPA, and any order form or written addendum signed by both parties form the entire agreement between you and us regarding the Service and supersede prior agreements on the same subject matter.
Order of Precedence. In case of conflict: (1) a signed order form or addendum, (2) the executed DPA, (3) these Terms, (4) the Privacy Policy.
No Waiver. A failure to enforce any right or provision is not a waiver.
Severability. If a provision is held unenforceable, the rest remains in effect, and the unenforceable provision will be construed to give it the maximum effect permitted by law.
Assignment. You may not assign these Terms without our prior written consent (which we will not unreasonably withhold). We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
Notices. Notices to you may be sent to your account email. Notices to us must be sent to contact@desplega.sh; for service of formal legal notices by registered mail, contact contact@desplega.sh first to request the current registered-office address of Desplega Labs, S.L. in Barcelona, Spain.
Force Majeure. Neither party is liable for delays or failure caused by events beyond its reasonable control (e.g., natural disasters, war, internet outages, regulatory action, third-party-provider outages, public-health emergencies).
Independent Contractors. The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, or employment relationship.
Third-Party Beneficiaries. None, except as expressly stated.
Language. The English version of these Terms controls. Spanish or other-language translations may be provided for convenience; in case of discrepancy, the English version prevails, except where Spanish/EU consumer law mandates otherwise.

17. Contact

For legal notices and questions about these Terms:

Email: contact@desplega.sh
Postal: Desplega Labs, S.L., Barcelona, Spain
Registro Mercantil de Barcelona
CIF: B27645381