01 Parties and acceptance
This document is a public offer within the meaning of Article 437(2) of the Civil Code of the Russian Federation. It is addressed by the operator of Swarm (the Operator, details at the end of this page) to any person who accepts it (the Customer).
Acceptance is any one of the following, whichever happens first: payment of an invoice issued under this offer, receipt of credentials to a Swarm instance, or first use of the service. Under Article 438 of the Civil Code that acceptance has the force of a signed contract.
From the moment of acceptance this offer, the acceptable use policy, the privacy policy and the data processing addendum form one agreement between the parties.
02 What is being sold
The Operator gives the Customer access to Swarm — a hosted outreach system — and performs the setup and operating work included in the chosen plan. In practice that is: a fleet of messaging accounts kept alive and paced, a campaign engine, AI-drafted first messages, one shared inbox for every channel, a suppression list that survives across campaigns, and reporting.
Swarm is a tool. The Customer decides who is contacted, on what list, and what is said. The Operator is neither the advertiser nor the advertising distributor for the Customer's campaigns and does not verify the lawfulness of the Customer's lists; that responsibility is set out in the acceptable use policy and stays with the Customer.
03 Channels, and what is actually live
Channel availability is stated on the channels page and is kept honest: what is live is live, what is in build is in build. The Operator does not promise a channel before it ships.
Messaging channels belong to third parties. A platform may change its rules, its limits or its tolerance for outreach at any time, and may restrict or block an account without explaining why. The Operator builds against that risk — isolated identities, own proxy per account, human pacing, global opt-out — but does not and cannot guarantee that an account will never be restricted.
04 Plans, price and payment
Swarm is priced per sending account per month, not per seat. Current plans and prices are published on the pricing page and form part of this offer.
The billing period is one calendar month unless the invoice says otherwise. Payment is made in advance for the period. Access opens after the first payment is received; setup work included in the plan starts on the same day.
Prices may change with 30 days' written notice by email. A change never applies retroactively to a period already paid for. Bank charges of the paying side are borne by that side. Taxes are applied according to the Operator's tax regime, stated on the invoice.
05 Delivery and acceptance of the service
The service is deemed provided from the day access to the instance opens and continuously for as long as it stays open. The Operator issues a statement of services rendered (акт) for a period on the Customer's request.
If the Customer has no reasoned written objection within 5 working days after the end of a billing period, the service for that period is deemed accepted in full. An objection must state what specifically was not provided.
06 What each side undertakes
The Operator undertakes to:
- keep the instance running and the accounts in the plan operating;
- apply the suppression list on every send, across all campaigns, accounts and channels;
- keep channel credentials and proxy passwords encrypted at rest and never return them through the API;
- process personal data only as described in the privacy policy and, for the Customer's own lead data, only on the Customer's instruction under the data processing addendum;
- notify the Customer without undue delay of an incident affecting the Customer's data.
The Customer undertakes to:
- use lists that were obtained lawfully and, where the message is advertising, hold consent that can be proven;
- keep the content of campaigns within the acceptable use policy;
- keep credentials confidential and tell the Operator at once if they are exposed;
- pay on time;
- not resell access, and not give access to a third party without the Operator's written consent.
07 Term, suspension, termination and refunds
The contract runs from acceptance for as long as the service is paid for.
Either side may terminate by giving 10 calendar days' notice by email. On termination the Operator returns the unused part of a prepaid period pro rata, minus setup or onboarding work already performed at the Customer's request.
A Customer who is an individual acquiring the service for personal needs may refuse the contract at any time under Article 32 of the Russian Consumer Rights Protection Act, reimbursing the Operator's actual expenses incurred up to that moment. Nothing in this offer limits that right.
The Operator may suspend the service immediately, without refund of the current period, if the Customer breaches the acceptable use policy, if a platform or a regulator requires it, or if payment is more than 10 days overdue. Suspension is notified by email with the reason stated.
08 Liability
The Operator is not liable for: decisions of third-party messaging platforms, including restriction or blocking of accounts; the content the Customer chooses to send; the lawfulness of the Customer's lists and consents; or losses caused by the Customer's own credentials being exposed.
The Operator's total liability under this contract is limited to the amount paid by the Customer for the billing period in which the event occurred. Indirect losses and lost profit are not recoverable. Where the Customer is a consumer, statutory rights that cannot be limited by contract are not limited by this clause.
Neither side is liable for failure caused by circumstances outside its reasonable control: acts of state authorities, war, blockage of communication networks, failures of upstream providers, large-scale outages of a messaging platform.
09 Changes to this offer
The Operator may change this offer. The current version is always the one published at /legal/offer.html, with its revision number and date shown at the top of the page.
A change takes effect 10 calendar days after publication, and for an existing Customer only from the next billing period. Continued use of the service after that date is acceptance of the new version. A Customer who does not accept it may terminate under the clause above and receive the unused part of the prepaid period back.
10 Governing law and disputes
The contract is governed by the law stated in the operator details below. Before going to court a party must send a written claim and wait 30 calendar days for an answer.
Where the Customer is a consumer, the venue rules of the Consumer Rights Protection Act apply and are not displaced by this clause.