terms of service

By creating an account or using the Service, you represent that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Service and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes your acceptance of the modified Terms.

swarmrise is a multi-tenant organization management platform designed for collaborative governance. The Service enables organizations to:

• Structure teams and define organizational hierarchies
• Create and manage roles within teams (including leader, secretary, and referee positions)
• Track decisions with full audit trails
• Manage organizational memberships and invitations
• Establish and maintain organizational policies

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

To access certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your authentication credentials secure and confidential
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

We use Clerk for authentication services. By using the Service, you also agree to Clerk's terms of service and privacy policy.

The Service allows users to create and join organizations. When you create an organization, you become its owner and are responsible for:

• Managing organization settings and membership
• Ensuring members comply with these Terms
• The content and activities within your organization
• Properly handling invitations and access controls

As an organization member, you agree to:

• Respect the governance structure established by the organization
• Use the Service in accordance with your assigned roles
• Not circumvent access controls or permission systems

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Service to harass, abuse, or harm others
• Upload or transmit malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to the Service or its systems
• Interfere with or disrupt the Service or its infrastructure
• Scrape, crawl, or use automated means to access the Service without permission
• Impersonate another person or entity
• Use the Service for any fraudulent or deceptive purposes
• Circumvent any security measures or access restrictions

You retain ownership of any content you submit to the Service ("User Content"), including organizational data, team structures, role definitions, and decisions. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and process your User Content solely for the purpose of providing the Service.

You represent and warrant that:

• You own or have the necessary rights to your User Content
• Your User Content does not violate any third-party rights
• Your User Content complies with these Terms and applicable laws

The swarmrise source code is available as open source under the Apache License 2.0. This license allows you to use, modify, and distribute the software under certain conditions. The hosted service operated by Yorga is subject to these Terms in addition to the open source license.

The swarmrise name, logo, and brand elements are trademarks of Yorga and may not be used without express written permission, except as permitted by the Apache License 2.0 for attribution purposes.

Third-party components included in the Service are subject to their respective licenses, which are documented in our legal documentation.

We are committed to protecting your privacy and personal data. Our collection, use, and handling of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Key aspects of our data handling:

• We collect only data necessary to provide the Service
• Your organizational data is isolated in a multi-tenant architecture
• We use Convex for secure data storage and processing
• Authentication data is managed by Clerk
• We maintain audit trails for transparency and accountability

For users in the European Economic Area, we comply with the General Data Protection Regulation (GDPR) and provide mechanisms for exercising your data subject rights.

We strive to maintain the Service's availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Scheduled maintenance and updates
• Unplanned outages or technical issues
• Factors beyond our reasonable control

We provide the Service on an "as is" and "as available" basis without any service level agreements unless otherwise agreed in writing.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SWARMRISE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS 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
• Service interruptions or data loss
• Unauthorized access to your data
• Any conduct or content of third parties on the Service

Our total liability for any claims arising from or related to the Service shall not exceed the amount you paid us, if any, in the twelve (12) months preceding the claim.

You agree to indemnify, defend, and hold harmless Yorga (the publisher of swarmrise) and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

• Your access to or use of the Service
• Your violation of these Terms
• Your User Content
• Your violation of any third-party rights

You may terminate your account at any time by contacting us or using the account deletion feature when available. We may terminate or suspend your access to the Service immediately, without prior notice, if:

• You breach these Terms
• We are required to do so by law
• We decide to discontinue the Service

Upon termination, your right to use the Service will cease immediately. Provisions of these Terms that by their nature should survive termination shall survive, including ownership, warranty disclaimers, indemnification, and limitations of liability.

We encourage you to contact us first to resolve any disputes informally. If a dispute cannot be resolved informally, you agree that any legal action or proceeding shall be brought exclusively in the competent courts of France.

For users in the European Union, this provision does not affect your rights under consumer protection laws or your right to bring claims before the courts of your country of residence.

These Terms shall be governed by and construed in accordance with the laws of France, where Yorga (the Service operator) is established. Yorga is a French SASU registered under SIREN 889 512 406.

For users in the European Economic Area, nothing in these Terms affects your rights as a consumer under applicable EU consumer protection laws.

Entire Agreement: These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and swarmrise regarding the Service.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

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

• Publisher: Yorga (SASU, SIREN 889 512 406)
• GitHub: github.com/yves-christol/swarmrise