Last updated: July 20, 2026
By accessing or using the Site, requesting a proposal, submitting a form, or engaging Swarm for services, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference. If you do not agree, do not use the Site or our services.
If you are entering into these Terms on behalf of a company or other organization, you represent that you have the authority to bind that entity, and "you" refers to that entity.
Swarm Digital Marketing, LLC ("Swarm") is a digital marketing agency with offices in Tampa, Florida and New York, New York. We provide search engine optimization (SEO), web design and development, AI and AI-search visibility services, and related content and marketing services to businesses. You can reach us at [email protected] or (855) 244-4407.
The Site and our services are intended for businesses and for individuals who are at least 18 years old. By using the Site or engaging us, you represent that you meet these requirements. The Site is not directed to children.
The Site describes our SEO, web design and development, AI, and content services for informational purposes. Any paid engagement is governed by a separate written agreement, proposal, statement of work, or order form ("Engagement Agreement") that we and the client sign or otherwise accept. Where an Engagement Agreement conflicts with these Terms with respect to that engagement, the Engagement Agreement controls for that engagement.
Nothing on the Site is an offer, guarantee, or binding commitment to provide services on any particular terms, and content on the Site may be updated or removed at any time.
SEO, AI-search visibility, and digital marketing outcomes depend on many factors outside our control, including search engine algorithms, competitor activity, your website and content, market conditions, and third-party platforms. We apply professional skill and effort, but we do not and cannot guarantee any specific search ranking, position, traffic volume, lead count, conversion rate, revenue, or other result. Any timelines, forecasts, examples, or case-study figures are illustrative and are not promises of future performance.
Some content on the Site and some deliverables in our services are produced with the assistance of artificial intelligence and automated tools, and are reviewed by our team. AI-assisted content may contain errors or omissions and is provided on an "as is" basis. You are responsible for reviewing and approving deliverables before you publish or rely on them. We do not warrant that AI-assisted or automated content is accurate, complete, current, or fit for a particular purpose.
For paid engagements, you agree to provide accurate information, timely feedback and approvals, and any access, accounts, credentials, or materials we reasonably need. You represent that any content, trademarks, images, or other materials you provide to us do not infringe the rights of any third party and that you have the rights and licenses necessary for us to use them to perform the services.
Fees, billing cycles, and payment terms for paid services are set out in the applicable Engagement Agreement. Unless stated otherwise, fees are exclusive of taxes, and late or unpaid amounts may result in suspension of services. The Site does not, by itself, process payments or create a paid engagement.
The Site and its content — including text, graphics, logos, designs, software, proprietary tools, methods, and the "Swarm" name and marks — are owned by Swarm or our licensors and are protected by intellectual-property laws. Except as expressly permitted, you may not copy, reproduce, modify, distribute, scrape, or create derivative works from the Site or our proprietary tools without our prior written consent.
Ownership of deliverables created for a client is addressed in the applicable Engagement Agreement; typically, ownership of final, paid-for deliverables transfers to the client upon full payment, while our pre-existing and proprietary tools, methods, and know-how remain ours. You retain ownership of the content and materials you provide to us and grant us a license to use them to perform the services.
You agree not to use the Site to: violate any law; infringe others’ rights; upload or transmit malware; attempt to gain unauthorized access to the Site, our systems, or other users’ data; scrape or harvest data except as expressly permitted; interfere with the Site’s operation or security; or misrepresent your identity or affiliation. We may suspend or terminate access for any misuse.
The Site may link to or integrate third-party websites, tools, and services (for example, analytics, scheduling, or CRM tools). We do not control and are not responsible for third-party content, products, or practices. Your use of third-party services is governed by their own terms and privacy policies.
Testimonials, reviews, and case studies on the Site reflect the experiences of specific clients and are not a guarantee that you will achieve the same or similar results. Metrics shown are examples from real work and may be aggregated or rounded.
Confidential information exchanged in connection with a paid engagement is handled under the applicable Engagement Agreement. We treat non-public business information you share with us as confidential and use it only to evaluate or perform services for you.
THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT CONTENT IS ACCURATE OR COMPLETE. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWARM AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). Liability for paid engagements is governed by the applicable Engagement Agreement. Some jurisdictions do not allow certain limitations, so some may not apply to you.
You agree to indemnify and hold harmless Swarm and its officers, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of your misuse of the Site, your violation of these Terms, or your infringement of any third-party right.
These Terms apply while you use the Site. We may suspend or terminate your access at any time, with or without notice, if we believe you have violated these Terms or to protect the Site. Provisions that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, and governing law — will survive.
These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules. Subject to any different terms in a signed Engagement Agreement, you agree that the state and federal courts located in New York County, New York will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Site, and you consent to venue there.
We may update these Terms from time to time. The "Last updated" date above reflects the most recent version. Changes are effective when posted to the Site. Your continued use of the Site after changes take effect constitutes acceptance of the updated Terms.
Questions about these Terms? Contact Swarm Digital Marketing, LLC at [email protected] or (855) 244-4407, or by mail at our Tampa, FL or New York, NY offices.
