Terms of Service

1. Who we are and what these terms cover

These Terms of Service (“Terms”) govern your use of AI Swarm Hive (the “Service”), operated by wservices GmbH, Freiburgstrasse 562, 3172 Niederwangen, Switzerland (“wservices”, “we”, “us”). The sole contracting party is wservices GmbH, Switzerland. By creating an account or using the Service you agree to these Terms. If you use the Service for an organisation, you confirm you are authorised to bind it, and “you” means both you and that organisation. These Terms follow the general terms of wservices.ch and add Service-specific rules; our Privacy Policy and DPA form part of this agreement, and for personal-data processing the DPA prevails in case of conflict.

2. Eligibility and acceptance

You must be at least 16 years old and able to enter into a binding contract. Variations to these Terms are only effective if we confirm them in writing (electronic form suffices). We may decline or close accounts that provide false information.

3. The Service

AI Swarm Hive provisions private, multi-tenant agent workspaces for a company — browser chat and/or a private Mattermost, a secrets vault, optional Git and VPN — plus metered access to large language models (LLMs) through a unified gateway. The workspace agents are AI systems; when you interact with the Service you are interacting with AI, not a human. Features depend on the selected hosting plan. The application and stored data are hosted in the EU and Switzerland; LLM inference is performed by third-party model providers as described in section 12.

4. AI and agents — how they work and their limits

• AI output can be wrong. The Service uses generative AI. Output may be inaccurate, incomplete, outdated, biased, or entirely fabricated (“hallucinated”). It is not verified fact and is not professional advice. Do not rely on it for legal, medical, financial, tax, safety, or other professional or high-stakes decisions.
• Agents act autonomously. Agents can take real actions on your instruction — send messages, run tasks, call tools and integrations. Like a person acting on your behalf, an agent can misunderstand, make wrong or accidental decisions, and those actions can have real consequences for your business.
• Human oversight is required. You are responsible for supervising your agents, reviewing their output and actions, and confirming anything important before you or your business acts on it.
• No guarantee of results. We do not warrant that the Service, its output, or your agents will achieve any particular result, quality, accuracy, or business success.

5. Your responsibilities

You are responsible for:

• Configuring and authorising your agents, the tools and integrations they may use, and the actions they may take — and for the consequences of those actions.
• Lawful, appropriate use (see section 6) and for the content and instructions you provide.
• Your credentials and access — keep them secure; you are responsible for activity under your account.
• Your own business continuity, disaster recovery and backups. You must maintain a plan to fail over to alternatives and to restore your data. Although we take reasonable measures and perform routine backups on external servers, accurate recovery is not guaranteed and the availability credit in section 11 is your sole remedy for downtime.
• Compliance with model providers’ acceptable-use policies for the models you invoke.

6. Acceptable use and prohibited activities

You may not:

• perform any activity that violates international law, Swiss law, or any law applicable at your location;
• send unsolicited bulk messages (“SPAM”);
• endanger the stability or security of our or others’ systems — DoS attacks and running exploits or other harmful programs are specifically forbidden;
• circumvent usage metering, rate limits, or access controls;
• use the Service or agents to generate or distribute unlawful, harmful, or rights-infringing content, to attack, scrape, or deceive others, or to process others’ personal data unlawfully;
• attempt to defeat model safety measures or use output to build a competing model.

7. Plans, billing and the LLM wallet

• Hosting plans (Starter, Growth, Business, Scale) are recurring subscriptions in USD, EUR or CHF and include the advertised RAM and disk. From Scale, extra disk may be purchased in 10 GB blocks (€1 / CHF 1 / $1.20 per block).
• LLM usage is prepaid via a currency wallet and charged at each model’s list price plus 10%.
• The wallet is purpose-bound prepaid credit for LLM usage on the Service only. It is not a deposit, not e-money, and bears no interest; it is not a means of storing or transferring value.
• Maximum balance: top-ups that would take the balance above €/CHF 1000 (or the equivalent) are declined.
• Refunds: on request, we refund the unused portion of your most recent top-up only, less usage already incurred and any payment or transaction fees. Earlier top-ups are non-refundable but remain usable.
• Expiry: an unused balance expires after 24 consecutive months of account inactivity, and only after we send a reminder to your registered address.
• Payment: all fees are payable in advance by card and subscription through our payment provider (currently Stripe), by bank transfer, or via other payment methods we support from time to time (e.g. PayPal); any transaction fees are borne by you. We may disable the Service if you are in payment default.

8. Plan changes and price changes

• A plan upgrade takes effect immediately; the price difference to the end of the billing period is payable in advance. A downgrade takes effect at the end of the billing period.
• We may change prices or plan features. We will give you at least 30 days’ notice before a change takes effect, and you may cancel before the change applies; continuing after that date means you accept the new price.

9. Term, renewal and cancellation

• Ordered services renew automatically for the chosen billing period unless cancelled.
• Cancellation is done via the web interface or by registered letter; for registered letters a 7-day cancellation period applies.
• Consumers — immediate start: by starting to use the Service (a digital service) during the withdrawal period, you expressly request immediate performance and acknowledge that your statutory 14-day right of withdrawal is lost once performance begins (see section 10).

10. Consumer rights

If you use the Service as a consumer (outside a trade or profession), mandatory consumer protections in your country of residence apply and are not affected by these Terms. In particular: the withdrawal rules in section 9; plain, fair terms; and the liability and forum protections in sections 18 and 21. Nothing in these Terms limits rights you cannot waive by law.

11. Availability and service levels

• We aim to provide the Service 24/7. Planned maintenance is announced as early as reasonably possible and will not exceed 10 hours per month.
• If planned outages exceed that, a credit of 1% of the monthly fee per exceeded hour (up to 100% of the monthly fee) is added to your account. This credit is your sole and exclusive remedy for unavailability.
• The guarantee excludes events outside our control (e.g. upstream network outages, hardware failures, force majeure) and does not cover losses you could have avoided with your own business-continuity, disaster-recovery and backup measures (see section 5).

12. Data protection and privacy

• Roles (mixed): for the content you and your agents process (chats, files, company information, agent inputs and outputs) we act as processor on your behalf under the DPA; you decide what to submit and why. For account, billing and usage data (e.g. email, plan, payments, login and token/usage logs) we act as controller under the Privacy Policy.
• Hosting and residency: the application and your stored data are hosted in the EU and Switzerland.
• Sub-processors and international transfers: we use sub-processors including our payment processor (Stripe), our hosting provider (DjangoEurope) and our LLM router (Requesty, EU endpoint). The model providers your agents use are reached through the Requesty gateway and depend on the models you select; they are optional and you authorise a given provider by choosing its model. Some model providers operate outside the EU/CH and may not offer GDPR-level protection; where available, such transfers are covered by EU Standard Contractual Clauses and the Swiss addendum or another lawful mechanism, and by selecting those models you accept the associated processing. The current sub-processor list is in the DPA; we give notice of changes.
• No training by default: we do not use your content to train AI models, and model providers are used in no-train API mode. We only use your content to improve the Service if you have explicitly opted in, and you can withdraw that opt-in at any time.
• Retention and deletion: you may export your data while your account is active. On termination we delete your customer content within 30 days (sooner on request), except where we must retain limited records by law (e.g. invoices).
• Your rights: data-subject requests (access, rectification, erasure, portability, objection) are handled per the Privacy Policy and DPA.

13. Confidentiality and security

We apply reasonable technical and organisational measures to protect the Service (secrets are stored in a per-company vault). Each party keeps the other’s non-public information confidential and uses it only to perform this agreement.

14. Intellectual property

• Your content: you retain all rights in the inputs and materials you submit. We claim no ownership of your content and process it only to provide the Service.
• Output: as between you and us, output generated for you is yours, to the extent it can be owned. AI-generated material may not be protectable by copyright and may not be unique to you; we make no warranty of originality or non-infringement of output.
• Our IP: the Service, software and brand remain ours. If you send feedback, you grant us a non-exclusive, royalty-free licence to use it to improve the Service.

15. Support

Support is provided by e-mail and the ticket system and is limited to our products.

16. Suspension and termination

We may suspend or terminate access for material breach, security risk, unlawful use, or payment default. Where practical we give notice and an opportunity to cure. On termination your right to use the Service ends; data handling follows section 12.

17. Disclaimer of warranties

To the maximum extent permitted by law, the Service and all output are provided “as is” and “as available”, without warranties of any kind (including merchantability, fitness for a particular purpose, accuracy, non-infringement, or achievement of any result or business outcome). Mandatory statutory warranties, including for consumers, are unaffected.

18. Limitation of liability

To the maximum extent permitted by applicable law:

• we are not liable for the accuracy of AI output or the decisions or actions of your agents, or for losses arising from them;
• we are not liable for your failure to maintain your own business-continuity, disaster-recovery or backup measures;
• we are not liable for indirect, incidental, special or consequential loss, lost profits, lost revenue, lost data, business interruption, or loss of goodwill;
• our total aggregate liability for all claims is capped at the subscription fees you paid us in the 12 months before the event giving rise to the claim. This cap counts subscription and hosting fees only and excludes LLM token-usage charges and wallet top-ups (which are largely passed through to model providers).

Nothing in these Terms excludes or limits liability that cannot be excluded by law — including liability for intent or gross negligence (Swiss Code of Obligations Art. 100), personal injury or death, or mandatory consumer rights. Where you are a consumer, these limitations apply only so far as your local mandatory law allows.

19. Indemnity (business customers)

If you are a business, you will indemnify us against third-party claims arising from your unlawful use of the Service, your content, or actions you configured your agents to take, except to the extent caused by our intent or gross negligence. This section does not apply to consumers.

20. Changes to these Terms

We may update these Terms. We will give reasonable notice of material changes; for consumers and for price changes, section 8 applies (30 days’ notice and a right to cancel). Continued use after a change takes effect means you accept it.

21. Governing law and jurisdiction

These Terms are governed by Swiss law, excluding its conflict-of-laws rules and the CISG. The place of jurisdiction is Zurich, Switzerland. However, if you are a consumer resident in the EU (or another jurisdiction with mandatory protections), you keep the mandatory protections of, and may bring proceedings in, your country of residence — the Swiss choice of law and forum do not deprive you of those rights.

22. Miscellaneous

If a provision is invalid, the rest remains in force and the invalid part is replaced by the closest lawful equivalent. You may not assign this agreement without our consent; we may assign it to an affiliate or successor. These Terms, together with the Privacy Policy and DPA, are the entire agreement. Neither party is liable for delay or failure due to events beyond its reasonable control (force majeure). Contact details are on our Legal notice (Impressum) page.

23. AI transparency note

AI Swarm Hive is an AI system. You are informed that your interactions are with AI agents, not humans, consistent with applicable AI-transparency law (including the EU AI Act). Where the law requires labelling of AI-generated content, you are responsible for such labelling when you publish output produced through the Service.