Terms of Service

1. Introduction and Acceptance

These Terms of Service ("Terms") govern your access to and use of the Agentic Swarm website and related services (collectively, the "Service"). The Service is operated by Kapsule Pro Inc ("we," "our," or "us"), a company established in Montreal, Quebec, Canada. By accessing or using the Service, you acknowledge that you have read, understood and agree to be bound by these Terms and by our Privacy Policy. If you do not agree to these Terms, you must not use the Service.

2. Eligibility and Account Responsibilities

Minimum age. The Service is intended for users who are at least 18 years of age. You represent that you have the legal capacity to enter into a binding agreement. If you are using the Service on behalf of an entity, you represent that you are authorized to do so and that the entity accepts these Terms.

Account information. To access certain features of the Service you may be required to create an account. You agree to provide accurate, complete and up‑to‑date information when registering and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities occurring under your account. You agree to notify us immediately of any unauthorized use or breach of security.

3. Acceptable Use and Prohibited Activities

We expect users to respect the integrity of our Service and the rights of others. You agree not to:

• Copy, sell, resell, rent, sublicense, transfer or otherwise exploit any portion of the Service without our prior written permission;
• Use the Service for any unlawful purpose or to facilitate illegal activities;
• Attempt to gain unauthorized access to the Service, our systems or data belonging to us or other users;
• Reverse engineer, decompile, disassemble or otherwise attempt to derive source code or underlying ideas from the Service;
• Impersonate another person or misrepresent your affiliation with a person or entity;
• Upload, post, transmit or otherwise make available any content that is unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene or otherwise inappropriate, or that violates another party's rights;
• Violate any applicable export laws or regulations;
• Use the Service to infringe intellectual property rights, privacy rights or other legal rights of third parties;
• Interfere with or disrupt the Service or networks connected to the Service;
• Bypass, remove or disable any technical or security measures of the Service.

We reserve the right to investigate and take appropriate action against anyone who violates these Terms, including removing or modifying content, suspending or terminating accounts and reporting the conduct to law enforcement authorities.

4. Intellectual Property

All content and materials available through the Service, including software, text, graphics, logos, trademarks and service marks, are owned by or licensed to Kapsule Pro Inc. and are protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non‑exclusive, non‑transferable, revocable license to access and use the Service for your personal or internal business use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform or otherwise use any content from the Service without our prior written permission.

5. User Content

The Service may allow you to upload, submit, store or publish information, data, text, images, or other materials ("User Content"). You retain ownership of any intellectual property rights that you hold in the User Content. By submitting User Content, you grant us a worldwide, non‑exclusive, royalty‑free license to use, host, store, reproduce, modify, publish, display and distribute the content for the purpose of operating, improving and promoting the Service. You are solely responsible for the User Content you provide and warrant that you have all necessary rights to provide it. We reserve the right to remove or refuse to distribute any User Content that violates these Terms or applicable law.

6. Modifications to the Service and Terms

We may modify or discontinue the Service or any part of it at any time. We may also modify these Terms. If we make material changes to the Terms, we will provide notice (for example, by posting a notice on our website or sending an email). Your continued use of the Service after the changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Service.

7. Service Interruptions

We strive to keep the Service operational, but you acknowledge that occasional interruptions may occur for maintenance or for reasons beyond our control. We do not guarantee continuous, uninterrupted access to the Service, and we are not liable for any interruptions or loss of data resulting from such interruptions.

8. Termination

The agreement created by these Terms will remain in effect until terminated by you or by us. You may stop using the Service at any time. We may suspend or terminate your access to the Service immediately and without notice if you violate these Terms, if you create risk or legal exposure for us, or if we discontinue the Service. Upon termination you must cease all use of the Service. Any provisions of these Terms that by their nature should survive termination (including Sections on Intellectual Property, Disclaimer, Limitation of Liability and Indemnification) will remain in effect.

9. Disclaimer of Warranties

The Service and all content are provided "as is" and "as available" without warranties of any kind, whether express or implied. To the maximum extent permitted by law, we expressly disclaim all warranties, including warranties of merchantability, fitness for a particular purpose, title and non‑infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Service will be secure or error‑free, that defects will be corrected, or that any content or information provided through the Service is accurate or complete.

10. Limitation of Liability

To the fullest extent permitted by law, Kapsule Pro Inc. and its directors, officers, employees and agents will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages, or for loss of profits, data, goodwill or other intangible losses, arising out of or relating to your use of or inability to use the Service. Our total liability for any claim arising out of or relating to the Service is limited to the greater of (a) the amount you paid us (if any) to use the Service in the twelve months prior to the claim, or (b) CAD 100. Some jurisdictions do not allow certain exclusions or limitations of liability; in those jurisdictions, our liability is limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify and hold harmless Kapsule Pro Inc. and its affiliates, officers, agents and employees from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or related to: (a) your access to or use of the Service; (b) your violation of these Terms or any applicable law; (c) your User Content; or (d) your violation of any rights of another person or entity.

12. Governing Law

These Terms and any disputes arising out of or relating to them or the Service are governed by the laws of the Province of Quebec and the laws of Canada applicable therein, without regard to conflict of law principles. You agree to the exclusive jurisdiction of the courts located in Quebec to resolve any legal matter arising from or related to the Service. If you are a resident of another jurisdiction with mandatory consumer protection laws, you may also benefit from the mandatory provisions of those laws.

13. Miscellaneous

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision under these Terms is not a waiver of that right or provision. These Terms constitute the entire agreement between you and Kapsule Pro Inc. regarding the Service and supersede any prior agreements.

14. Contact Information

If you have questions about these Terms, please contact us at support@agenticswarm.com or by mail at Kapsule Pro Inc., Montreal, Quebec, Canada.