Terms of Service

Workswarm, the Service, we, our, or us means Vriksha AI Technologies Pvt Ltd, a private limited company incorporated under the laws of India, having its registered office at Obeya Zen, Building No. 46, 1st Floor, 12th Main Rd, HSR Layout Sector 6, Bengaluru, Karnataka 560102. Workswarm operates the websites at https://workswarm.ai and https://app.workswarm.ai and the agent orchestration platform branded as Workswarm.

These Terms of Service (the "Terms") govern your access to and use of the Service. By creating an account, accepting an invitation, signing an order form, or otherwise accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Service.

If you are accepting these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization, and that organization will be the "Customer" under these Terms.

Effective date: 12 May 2026. Last updated: 22 May 2026.

1. Definitions

In these Terms, the following capitalized terms have the meanings set out below.

Agent means any large language model assisted persona configured to perform work inside the Service, including the orchestrator persona @SwarmGuide and any specialist personas (for example finance, sales, voice, compliance) made available by Workswarm or installed by the Customer.

API means the application programming interface that Workswarm exposes to permit programmatic access to the Service.

Authorized User means an individual that the Customer has invited to access the Service under the Customer's tenant, including employees, contractors, advisors, and guests.

Customer Data means any data that the Customer or its Authorized Users submit to or generate through the Service, including chat messages, files, project content, agent prompts, artifact uploads, contact information, voice recordings, voice consents, integration content retrieved from connected third party services, and configuration content.

Documentation means the published Workswarm documentation, integrations catalog, Trust Center pages, API reference, and any in product help materials that describe the Service.

Fees means the amounts payable by the Customer for the Service as set out in an order form, an in product subscription selection, an invoice, or these Terms.

MCP means Model Context Protocol, the open protocol for connecting language models to external tools and data sources.

Order Form means a written or electronic ordering document executed between Workswarm and the Customer that references these Terms.

Output means content that an Agent generates in response to a prompt or workstream input. Output includes drafted text, summaries, plans, decompositions, synthesized voice, transcripts, code, images, and any other artifact produced by an Agent in response to instructions.

Service means the Workswarm software as a service platform, including the Workswarm web application, the chat surface, the workspace and project surface, the voice surface, the integrations marketplace, the API, the SDK, and the Documentation.

Sub processor means any third party engaged by Workswarm to process Customer Data on Workswarm's behalf.

Tenant means the logical isolation boundary in the Service that scopes Customer Data and Authorized Users to a single Customer. Each Customer occupies one Tenant unless an Order Form provides otherwise.

Tier means the subscription plan selected by the Customer, currently one of Starter, Professional, Enterprise, Enterprise Plus, or Sovereign as published at https://workswarm.ai/pricing.

Third Party Service means any software, application, integration, or service that is not provided by Workswarm and that the Customer chooses to connect to the Service through the integrations marketplace or otherwise.

2. Acceptance, eligibility, and contract formation

2.1 Acceptance

You accept these Terms by any of the following acts: creating an account at https://app.workswarm.ai, accepting an invitation to join a Tenant, signing an Order Form that references these Terms, paying an invoice issued by Workswarm, or using the Service.

2.2 Eligibility

You must be at least 18 years old and capable of entering into a binding contract under applicable law. The Service is intended for use by businesses and is not designed for personal or household use.

2.3 Order of precedence

If there is a conflict between these Terms and any Order Form, the Order Form will prevail. If there is a conflict between these Terms and any Workswarm Data Processing Addendum executed with the Customer, the Data Processing Addendum will prevail solely with respect to the processing of personal data. The Documentation does not modify these Terms.

2.4 Updates to these Terms

We may update these Terms from time to time. Material changes will be notified by email to the Customer's billing or admin contact, by in product banner, or by both, at least 30 days before the change takes effect. Continued use of the Service after the effective date of a change constitutes acceptance. Changes required by law, security, or to address material risk may take effect on shorter notice.

3. The Service

3.1 What the Service does

Workswarm is a multi tenant agent orchestration platform. The Service allows the Customer and its Authorized Users to coordinate work between people and Agents inside chat surfaces, projects, workstreams, and approval gates. Agents can read and write Customer Data inside the Tenant, invoke tools through MCP integrations, draft and revise artifacts, conduct voice calls, and produce structured Output. The Service is configured to keep each Tenant's data logically isolated from every other Tenant.

3.2 What the Service does not do

The Service does not provide legal advice, financial advice, tax advice, medical advice, or any other regulated professional service. Output produced by Agents is informational only. The Customer is responsible for reviewing Output before acting on it and for ensuring that any action taken on Output complies with applicable law and the Customer's own policies.

3.3 Beta features

Workswarm may make features available on a preview, beta, or early access basis. Such features may be labeled as Beta, Preview, Alpha, or similar. Beta features are provided "as is" without any warranty, are not subject to the service level commitments in Section 17, and may be modified or discontinued at any time. Use of Beta features is at the Customer's discretion.

3.4 Service modifications

Workswarm may add, modify, or remove features and functionality of the Service from time to time. Workswarm will not materially diminish the core functionality of the Service during the Customer's paid subscription term without providing reasonable advance notice. Cosmetic changes, performance improvements, and additions of new features do not constitute a material diminishment.

4. Account, access, and Tenant administration

4.1 Account creation

The Customer creates an account by completing the sign up flow at https://app.workswarm.ai/app/signup or by accepting an invitation. The first user to create the Tenant becomes the initial Tenant admin.

4.2 Authorized Users

The Tenant admin may invite Authorized Users and assign them roles. Each Authorized User must have a valid email address and must agree to these Terms before accessing the Service. Authorized User credentials are personal and must not be shared. The Customer is responsible for the acts and omissions of its Authorized Users as if they were the Customer's own.

4.3 Tenant admin authority

The Tenant admin has the authority to manage the Tenant, including adding and removing Authorized Users, changing roles, installing and revoking integrations, configuring voice settings, managing billing, exporting Customer Data, and deleting the Tenant. The Customer is responsible for ensuring that only trusted individuals hold admin roles. Workswarm will treat actions taken by an Authorized User holding the admin role as authorized by the Customer.

4.4 Account security

The Customer must take reasonable steps to keep account credentials secure. The Customer must notify Workswarm without undue delay at sachin@workswarm.ai upon learning of any unauthorized use of an account, compromise of credentials, or other suspected security incident. Workswarm will support the Customer in responding to such incidents within the scope of the Service. Workswarm offers multi factor authentication on selected Tiers. The Customer is responsible for enabling multi factor authentication where available.

4.5 Single sign on

Workswarm supports email and password authentication, Google sign in, and on selected Tiers SAML and OIDC single sign on. Where the Customer elects single sign on, the Customer is responsible for managing the identity provider and provisioning settings.

5. Plans, fees, billing, and taxes

5.1 Tiers and Fees

The Service is offered on the Tiers published at https://workswarm.ai/pricing. Each Tier has a per seat per month list price, a minimum seat count, and a feature matrix. Workswarm reserves the right to change list prices and Tier composition with advance notice for new subscribers. Existing paid Customers will retain the pricing in effect at the time of their current subscription term until the next renewal.

5.2 Currency

Workswarm bills Indian customers in Indian Rupees (INR) and may bill non Indian customers in INR or in another currency at Workswarm's option, as set out on the order or invoice.

5.3 Payment processor

Workswarm uses Razorpay Software Private Limited as its primary payment processor. By providing payment instrument details, the Customer authorizes Workswarm and Razorpay to charge the Fees to that instrument under the agreed billing cadence. The Razorpay terms apply to the payment processing relationship.

5.4 Taxes

Fees are exclusive of taxes. The Customer is responsible for goods and services tax (GST), withholding tax (TDS), value added tax (VAT), and any other taxes, levies, or duties imposed on the Service by any taxing authority, except for taxes on Workswarm's net income. Workswarm will issue GST compliant tax invoices to Indian Customers. Where TDS is required by Indian law, the Customer may withhold the prescribed amount and remit it to the tax authority on Workswarm's behalf, provided the Customer furnishes a valid TDS certificate.

5.5 Subscription term and renewal

Subscriptions begin on the start date set out in the Order Form or on the day the Customer first activates a paid subscription in the Service, and continue for the term specified (typically monthly or annual). At the end of each term the subscription will renew automatically for a like term unless the Customer cancels at least 7 days before the end of the current term. Workswarm will notify the Customer of any change in renewal pricing at least 30 days before renewal.

5.6 Seat changes

The Customer may add seats at any time. New seats are prorated for the remainder of the current billing period. Seat reductions take effect at the start of the next renewal term. Reductions below the Tier minimum seat count are not permitted; the Customer must move to a different Tier or terminate.

5.7 Usage based charges

Tier 2 and Tier 3 integration calls, voice minutes, additional storage above the Tier inclusion, and other usage based items are charged in addition to the per seat Fee at the rates published at https://workswarm.ai/pricing or set out in the Order Form. Usage is metered by the Service and is billed at the end of each billing period.

5.8 Payment terms

Subscription Fees are payable in advance for the billing period. Usage Fees are payable in arrears. Invoices are due net 7 days for monthly billing and net 15 days for annual billing unless otherwise agreed in an Order Form.

5.9 Late payment and suspension

If an invoice is not paid by its due date, Workswarm may charge interest at 1.5 percent per month or the maximum rate permitted by applicable law, whichever is lower, on the unpaid amount. After 15 days past due, Workswarm may suspend the Service in part or in full. The Customer remains responsible for Fees during a suspension.

5.10 Refunds

Fees are non refundable except where these Terms expressly provide otherwise, or where Workswarm terminates the Customer's subscription for Workswarm's own convenience under Section 19.3. Workswarm will publish a separate Refund Policy at https://workswarm.ai/refunds that the Customer may rely on for specific circumstances such as a duplicate charge, a billing error by Workswarm, or service outage durations exceeding the published service level commitments.

5.11 Free trials and design partner pricing

If the Service is offered to the Customer on a free trial or design partner basis, the trial or design partner terms in the Order Form or in the in product offer prevail. Trials end automatically and convert into paid subscriptions only if the Customer expressly accepts the conversion.

6. Customer Data and license to Workswarm

6.1 Ownership of Customer Data

As between the parties, the Customer owns all right, title, and interest in and to Customer Data. Workswarm acquires no rights in Customer Data except the limited license granted below.

6.2 License to operate

The Customer grants Workswarm a worldwide, non exclusive, royalty free license to host, store, transmit, copy, and process Customer Data to the extent required to provide, maintain, secure, support, and improve the Service for the Customer's benefit. The license terminates on termination of the subscription, except as needed to retain Customer Data as set out in Section 19.5 or to meet legal obligations.

6.3 No training on Customer Data without consent

Workswarm does not use Customer Data to train Workswarm proprietary models. Workswarm does not authorize Sub processors to use Customer Data to train their models, except where the Customer has expressly enabled a feature that requires such use, in which case the Customer's election is recorded as a configuration setting. Workswarm passes through any model provider terms that prohibit training where applicable.

6.4 Customer responsibilities for Customer Data

The Customer is responsible for the accuracy, quality, legality, and proper use of Customer Data, for obtaining all consents required from third parties whose information is included in Customer Data, and for not submitting Customer Data that infringes the rights of any person.

6.5 Sensitive data

The Customer must not submit to the Service any data that is (a) protected health information regulated under HIPAA or equivalent laws unless a Business Associate Agreement has been executed with Workswarm, (b) payment card data within the scope of PCI DSS unless Workswarm has agreed in writing to receive such data, (c) credentials, passwords, or secrets except where the Service expressly requests them for an integration purpose, (d) prohibited content as set out in Section 12.

6.6 Data export and portability

At any time during the subscription term and for 30 days after termination, the Tenant admin may export Customer Data through the in product export tools or by request to sachin@workswarm.ai. Workswarm will provide Customer Data in a structured, commonly used machine readable format.

7. Artificial intelligence specific terms

7.1 How Agents work

Agents combine large language models with tools and the Customer's instructions to produce Output. The Service uses multiple model providers, including Anthropic, Google, and OpenAI, and may add or change providers from time to time. The Service may route a given prompt to the provider that the Service determines is best suited to the task, taking into account performance, cost, and the Customer's settings.

7.2 No guarantee of accuracy

Output is generated probabilistically and may be incomplete, inaccurate, inconsistent, or unfit for a particular purpose. The Service makes reasonable efforts to validate Output and to gate high impact actions behind human approval, but no such validation can guarantee correctness. The Customer must review Output before relying on it.

7.3 Human review for high impact actions

For actions classified by the Service as irreversible or high blast radius (including bulk communications, payments, deletions, and external dispatches), the Service requires a human Authorized User to approve the action before execution. The Customer must not disable or circumvent these approval gates.

7.4 Customer responsibility for use of Output

The Customer is solely responsible for the use of Output, including for any decisions made on the basis of Output and any communications, contracts, or other artifacts generated by an Agent and subsequently sent, signed, or relied upon by the Customer. The Customer must not represent Output as the work of a licensed professional unless an appropriately licensed human reviewed and adopted the Output.

7.5 Prohibited Agent use

The Customer must not use Agents to (a) generate content that violates Section 12, (b) impersonate any person without authorization, (c) circumvent the security of any system, (d) engage in mass scraping that violates a third party's terms of service, (e) make automated decisions about individuals that have significant legal or similarly significant effects without appropriate safeguards required by applicable law.

7.6 Output ownership

Subject to Section 7.7, as between the parties, the Customer owns Output generated for the Customer. Workswarm assigns to the Customer any rights Workswarm may have in such Output.

7.7 Model provider terms

Output is subject to applicable model provider terms. Some providers prohibit specific uses of their model outputs, such as resale of raw model output as a standalone product. The Customer agrees to abide by such terms. Workswarm will list the model providers used in its sub processor register at https://workswarm.ai/trust.

7.8 Audit trail

The Service records each Agent invocation, including the prompt, the model used, key parameters, the validator outcome, and the approver where applicable, in an audit log maintained on a per Tenant basis. The Customer may export this audit log at any time.

8. Integrations and the integrations marketplace

8.1 Three tier model

Workswarm makes integrations available through three tiers. Tier 1 integrations are built and operated by Workswarm. Tier 2 integrations run through the Activepieces sidecar, an open source piece library that Workswarm operates inside the Service. Tier 3 integrations run through Composio or other third party meta vendors. The Customer may install any integration through the integrations marketplace.

8.2 Authorization to access Third Party Services

When the Customer installs an integration, the Customer authorizes Workswarm to access the connected Third Party Service on the Customer's behalf for the purpose of providing the Service. The Customer is responsible for the Customer's relationship with each Third Party Service, for any fees charged by the Third Party Service, and for compliance with the Third Party Service's terms.

8.3 Tokens and credentials

The Service stores tokens, API keys, and credentials provided by the Customer or by the Third Party Service's authorization flow, encrypted at rest under Workswarm's key management infrastructure or, where the Customer has elected bring your own key (BYOK) or hold your own key (HYOK), under the Customer's keys. The Customer may revoke an integration at any time, which causes the Service to delete the associated tokens.

8.4 Liability for Third Party Services

Workswarm is not responsible for the availability, accuracy, security, or behavior of any Third Party Service. The Customer's use of a Third Party Service is at the Customer's own risk. If a Third Party Service modifies its API or terms in a way that affects the integration, Workswarm will make reasonable efforts to adapt the integration but cannot guarantee continuity.

8.5 Self attested integrations

Some Tier 2 and Tier 3 integrations are not curated by Workswarm. Before installing such an integration, the Customer will be presented with a self attestation flow noting that the integration is not Workswarm certified and that the Third Party Service becomes the Customer's sub processor under applicable data protection laws. Continuing the install constitutes the Customer's consent.

9. Voice services and consent

9.1 Voice features

The Service includes voice features, including outbound and inbound calling through carrier providers (such as Twilio and others), voice synthesis through voice providers (such as ElevenLabs and others), and conversational agent platforms (such as Ringg and others). Voice features are optional and may be subject to additional usage Fees.

9.2 Consent and lawful basis

The Customer is solely responsible for ensuring that all voice activity initiated through the Service complies with applicable law, including the Telecom Regulatory Authority of India regulations, the Distributed Ledger Technology (DLT) consent framework, the Telephone Consumer Protection Act in the United States where applicable, the General Data Protection Regulation in the European Economic Area where applicable, the Digital Personal Data Protection Act 2023 in India where applicable, and any other consent or do not call regimes.

9.3 Consent records

The Service provides a consent recording surface. For each voice subject the Customer must record consent before initiating outbound calls or recording inbound calls, subject to the limited exemptions permitted by applicable law. The Customer's failure to record consent does not shift the legal obligation to obtain consent away from the Customer.

9.4 Recording, transcription, and retention

Where the Customer enables call recording or transcription, the Customer must inform call participants and obtain any consent required by applicable law. Recordings and transcripts are stored in the Service at the Tenant's data residency region. The Tenant admin controls retention periods.

9.5 Voice cloning

If the Customer uses voice cloning features, the Customer must have a valid consent from the natural person whose voice is being cloned and must record that consent in the Service with supporting evidence. Voice cloning consents have a finite term and must be renewed or expired by the Customer.

9.6 Number assignment

Phone numbers allocated by Workswarm to the Tenant remain the property of the underlying carrier. The Customer's right to use a phone number ends when the subscription ends or when the Customer releases the number. Workswarm may release a number on the Customer's instruction or to comply with carrier requirements.

10. Communications channels (email, WhatsApp, others)

10.1 Email

Outbound email sent through the Service is delivered through email infrastructure providers (currently Resend and others as listed in the sub processor register). The Customer is responsible for compliance with applicable anti spam law including the Indian Information Technology Act 2000, CAN SPAM in the United States, and GDPR e Privacy rules.

10.2 WhatsApp Business

The Service may integrate with WhatsApp Business Platform through Meta. Use of WhatsApp Business is subject to Meta's commerce policy, messaging policy, and business policy. The Customer is responsible for template approval, opt in collection, and rate limit compliance.

10.3 Share links

The Service allows the Customer to generate share links for invitations, artifacts, and chat content. Share links are issued under the Customer's authority. The Customer is responsible for who receives a share link and what those recipients do with it.

11. Acceptable use policy

The Customer and its Authorized Users must not, and must not permit any third party to:

a. Use the Service to violate any law, regulation, or third party right.

b. Use the Service to send unsolicited communications in violation of anti spam law.

c. Use the Service to harass, threaten, defame, or harm any person.

d. Use the Service to generate, transmit, or store content that depicts child sexual abuse material, that promotes terrorism, that incites violence, or that is otherwise unlawful in the relevant jurisdiction.

e. Use the Service to develop, train, or improve any product or service that competes with Workswarm.

f. Reverse engineer, decompile, or otherwise attempt to derive the source code of the Service except to the extent expressly permitted by applicable law.

g. Probe, scan, or test the vulnerability of the Service except under a written security testing agreement with Workswarm.

h. Interfere with or disrupt the integrity, security, or performance of the Service or its underlying infrastructure.

i. Use the Service in a manner that exceeds the published rate limits or the limits set out in the Order Form, or that imposes a disproportionate load on the Service.

j. Resell, sublicense, time share, or use the Service to operate a service bureau for the benefit of third parties, except as a Workswarm partner under a separate written agreement.

k. Bypass any authentication, authorization, or accounting mechanism of the Service.

l. Use the Service to make automated decisions that produce legal or similarly significant effects on individuals without adequate human review or other safeguards required by applicable law.

Workswarm may suspend access to the Service, with or without notice as the circumstances require, to investigate and respond to a suspected violation of this Acceptable Use Policy.

12. Prohibited content

The Customer must not submit to the Service any content that:

a. Depicts child sexual abuse material or sexualizes minors in any way.

b. Provides instruction for the creation of weapons capable of mass harm, including chemical, biological, radiological, nuclear, or improvised explosive weapons.

c. Promotes terrorism, organized violence, or genocide.

d. Constitutes non consensual intimate imagery.

e. Is intended to enable or constitutes fraud, identity theft, or financial crime, including market manipulation.

f. Infringes the intellectual property, privacy, or publicity rights of any person.

g. Is unlawful, defamatory, or obscene under the laws of the jurisdiction where the Customer or the Authorized User is located.

Workswarm may remove, quarantine, or refuse to process such content and may report it to law enforcement where required by law.

13. Security and multi tenancy

13.1 Security commitments

Workswarm maintains administrative, technical, and physical safeguards designed to protect Customer Data, including encryption of data in transit using TLS 1.2 or higher, encryption of data at rest using AES 256, role based access control, principle of least privilege for Workswarm personnel, secure software development lifecycle practices, vulnerability management, and incident response. Workswarm publishes its security overview at https://workswarm.ai/trust.

13.2 Multi tenancy

The Service is designed so that Customer Data is logically isolated from other tenants. Isolation is enforced through database row level security, application layer guards, and per tenant encryption keys. Workswarm will not knowingly disclose Customer Data of one Customer to another Customer.

13.3 Bring your own key and hold your own key

On Enterprise and Enterprise Plus Tiers, the Customer may elect to use customer managed keys (BYOK or HYOK) for the encryption of Customer Data at rest. Election, scope, and operational responsibilities are set out in the Order Form or the BYOK Schedule.

13.4 Incident response

If Workswarm becomes aware of a security incident involving Customer Data, Workswarm will notify the Customer's designated contact without undue delay, will provide reasonable cooperation with the Customer's response, and will make commercially reasonable efforts to remedy the incident and to prevent recurrence. The detailed terms of incident response are set out in the Data Processing Addendum.

13.5 Audit

The Customer's audit rights are set out in the Data Processing Addendum and depend on the Tier. Enterprise and higher Tiers include independent audit rights subject to reasonable notice and confidentiality.

14. Sub processors

14.1 Use of Sub processors

The Customer authorizes Workswarm to engage Sub processors to provide the Service. Workswarm publishes its current list of Sub processors at https://workswarm.ai/trust including the name, processing activity, and processing location of each Sub processor.

14.2 Notice of changes

Workswarm will notify the Customer of additions or replacements of Sub processors at least 30 days before they take effect (or such shorter period as the circumstances require). The Customer may object to a new Sub processor in writing during the notice period for reasonable data protection grounds. If the parties cannot resolve the objection, the Customer may terminate the affected portion of the subscription on prorated refund.

14.3 Workswarm responsibility

Workswarm remains responsible for the acts and omissions of its Sub processors with respect to Customer Data, except as limited by Section 21.

15. Confidentiality

15.1 Confidential Information

"Confidential Information" means any non public information disclosed by one party to the other, in any form, that is identified as confidential or that, given its nature, would reasonably be understood to be confidential. Customer Data is the Customer's Confidential Information. Workswarm's pricing, non public Documentation, security architecture, and roadmap are Workswarm's Confidential Information.

15.2 Protection

Each party will use the other party's Confidential Information only as needed to perform under these Terms, will protect the other party's Confidential Information using the same degree of care it uses for its own Confidential Information of like importance (but not less than a reasonable degree of care), and will not disclose Confidential Information to any third party except to its employees, contractors, and advisors with a need to know who are bound by confidentiality obligations.

15.3 Exceptions

The obligations in this Section do not apply to information that is or becomes publicly available without breach of these Terms, was rightfully known to the receiving party without restriction before disclosure, is independently developed without use of or reference to the other party's Confidential Information, or is required to be disclosed by law (provided that the receiving party gives reasonable notice where lawful).

16. Intellectual property

16.1 Workswarm IP

Workswarm and its licensors own all right, title, and interest in and to the Service, the Documentation, the Workswarm name, logo, and brand assets, and all improvements, derivative works, and feedback related to any of the foregoing. No rights are granted other than as expressly set out in these Terms.

16.2 Customer feedback

If the Customer or any Authorized User provides Workswarm with suggestions, feedback, or ideas regarding the Service, the Customer grants Workswarm a perpetual, irrevocable, royalty free, worldwide license to use such feedback in connection with the Service. Workswarm will treat such feedback as non confidential.

16.3 Customer brand

The Customer grants Workswarm a non exclusive license to use the Customer's name and logo solely to identify the Customer as a Workswarm customer on Workswarm's website and in marketing materials. The Customer may revoke this license by written notice to sachin@workswarm.ai.

17. Service levels and support

17.1 Availability

Workswarm targets the monthly availability set out in the Tier feature matrix at https://workswarm.ai/pricing. Availability is calculated as the percentage of time the Service is available during a calendar month, excluding scheduled maintenance and force majeure events.

17.2 Maintenance

Workswarm will use commercially reasonable efforts to perform scheduled maintenance during off peak hours and to provide advance notice in product where practical.

17.3 Support

Workswarm provides support per the Tier feature matrix, ranging from community support on lower Tiers to 24 by 7 priority response on higher Tiers. Support is available through support@vriksha.ai and through the in product help surface.

17.4 Status

Workswarm publishes Service status at https://workswarm.ai/status.

18. Suspension

Workswarm may suspend the Service or a specific feature, with or without prior notice as the circumstances require, if:

a. The Customer's use poses a security risk to the Service, to other Customers, or to third parties.

b. The Customer's use creates a material increase in cost that exceeds the Customer's subscription Fees plus a reasonable usage allowance.

c. The Customer has failed to pay overdue Fees per Section 5.9.

d. The Customer is in material breach of these Terms.

e. Workswarm is required to do so by applicable law or legal process.

Workswarm will restore the Service once the underlying cause has been resolved. Workswarm is not liable for any consequence of a suspension validly applied under this Section.

19. Term and termination

19.1 Term

These Terms remain in effect for as long as the Customer has an active subscription, plus any wind down period under Section 19.5.

19.2 Termination for breach

Either party may terminate these Terms (or the relevant Order Form) for the other party's material breach if the breach is not cured within 30 days of written notice describing the breach, or immediately upon notice for a material breach that cannot reasonably be cured (including breach of the Acceptable Use Policy or material breach of confidentiality).

19.3 Termination for convenience by Workswarm

Workswarm may terminate a subscription for convenience on 60 days written notice. If Workswarm exercises this right and the Customer is not in breach, Workswarm will refund a prorated portion of prepaid Fees corresponding to the unused period.

19.4 Termination by the Customer

The Customer may cancel a subscription at any time through the in product billing surface. Cancellation takes effect at the end of the current term. The Customer may terminate immediately on Workswarm's material breach not cured within 30 days as set out in Section 19.2.

19.5 Effect of termination and data retention

On termination, the Customer's access to the Service ends. For 30 days after termination, Workswarm will retain Customer Data and provide reasonable export tools. After this 30 day period, Workswarm will delete Customer Data from production systems within a further 30 days, except for backups that age out of retention according to Workswarm's backup schedule and except where retention is required by law. Sections that by their nature should survive termination (including Sections on intellectual property, confidentiality, limitation of liability, indemnification, and governing law) survive.

20. Warranties and disclaimers

20.1 Mutual warranties

Each party warrants that it has the right, power, and authority to enter into these Terms.

20.2 Workswarm warranty

Workswarm warrants that during a paid subscription term the Service will materially conform to the Documentation. The Customer's exclusive remedy and Workswarm's sole liability for breach of this warranty is, at Workswarm's option, repair of the non conformity or refund of the Fees attributable to the non conforming period.

20.3 Disclaimer

Except for the warranties expressly set out in Section 20.2, the Service is provided "as is" and "as available". To the maximum extent permitted by law, Workswarm disclaims all other warranties, whether express, implied, statutory, or otherwise, including any warranty of merchantability, fitness for a particular purpose, non infringement, accuracy, completeness, or quiet enjoyment. Workswarm does not warrant that the Service will be uninterrupted, error free, or secure against every form of unauthorized access. Workswarm does not warrant any specific outcome, business result, accuracy of Output, or compliance with any specific regulation by virtue of using the Service.

20.4 Beta features

Beta features are provided "as is" without any warranty whatsoever.

21. Limitation of liability

21.1 Cap

To the maximum extent permitted by law, each party's aggregate liability arising out of or relating to these Terms, regardless of the theory of liability, is limited to the Fees paid or payable by the Customer to Workswarm during the 12 months immediately preceding the event giving rise to the claim.

21.2 Excluded damages

To the maximum extent permitted by law, neither party will be liable to the other for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, anticipated savings, or data, even if advised of the possibility of such damages.

21.3 Carve outs

The caps and exclusions in this Section do not apply to (a) the Customer's payment obligations, (b) either party's indemnification obligations under Section 22, (c) breach of the Acceptable Use Policy, (d) breach of confidentiality, (e) infringement of the other party's intellectual property, (f) liability that cannot be excluded by law.

21.4 Basis of the bargain

The Customer acknowledges that the Fees reflect the allocation of risk set out in these Terms and that Workswarm would not provide the Service on these economic terms without these limitations.

22. Indemnification

22.1 By Workswarm

Workswarm will defend the Customer against any third party claim that the Customer's use of the Service in accordance with these Terms infringes that third party's intellectual property right under Indian law or the law of the Customer's country of incorporation, and will pay any damages finally awarded by a court of competent jurisdiction or any settlement agreed by Workswarm in writing.

If a portion of the Service is held or in Workswarm's reasonable opinion is likely to be held to infringe, Workswarm may at its option (a) modify the affected portion, (b) procure a license, or (c) terminate the affected subscription on prorated refund.

This indemnity does not apply to claims arising out of (i) modifications to the Service by anyone other than Workswarm, (ii) combinations of the Service with anything not provided by Workswarm, (iii) Customer Data, (iv) the Customer's use of the Service in violation of these Terms or applicable law, (v) Output where the alleged infringement would not have arisen but for the Customer's prompt or instructions.

22.2 By Customer

The Customer will defend Workswarm against any third party claim arising out of (a) Customer Data, (b) the Customer's or any Authorized User's breach of these Terms, (c) the Customer's use of the Service in violation of applicable law, (d) the Customer's failure to obtain consents required for voice or communications activity, (e) actions taken by the Customer on the basis of Output, and will pay any damages finally awarded or any settlement agreed by the Customer in writing.

22.3 Process

The indemnified party must (a) promptly notify the indemnifying party of the claim, (b) give the indemnifying party sole control of the defense and settlement (provided that the indemnifying party may not enter into a settlement that requires the indemnified party to admit fault or to pay money without the indemnified party's consent, not unreasonably withheld), (c) provide reasonable cooperation at the indemnifying party's cost. Failure to notify promptly does not relieve the indemnifying party except to the extent the indemnifying party is prejudiced.

This Section sets out the sole remedies of the parties for third party infringement claims.

23. Governing law, dispute resolution, and jurisdiction

23.1 Governing law

These Terms are governed by the laws of India, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

23.2 Informal resolution

Before initiating any formal dispute, the parties will attempt to resolve the dispute through good faith discussions between senior representatives for at least 30 days.

23.3 Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms that is not resolved under Section 23.2 will be referred to and finally resolved by arbitration administered by the Mumbai Centre for International Arbitration (MCIA) under the MCIA Rules then in force, which Rules are deemed incorporated by reference. The seat of arbitration is Bengaluru, India. The language is English. There will be one arbitrator agreed by the parties or, failing agreement, appointed by MCIA.

23.4 Interim relief

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction in India to protect its intellectual property, confidential information, or other rights pending arbitration.

23.5 Class action waiver

To the maximum extent permitted by law, each party waives any right to participate in a class or representative proceeding against the other.

24. Notices

Notices to Workswarm must be sent to sachin@workswarm.ai with a copy to support@vriksha.ai for matters that involve legal or security content. Notices to the Customer will be sent to the email address designated in the Tenant admin's profile or, where applicable, to the address set out in the Order Form. Notices are deemed received on the business day after delivery is confirmed by the sending system.

25. General provisions

25.1 Assignment

The Customer may not assign these Terms without Workswarm's prior written consent. Workswarm may assign these Terms in connection with a corporate transaction, including a merger, acquisition, or sale of substantially all assets, provided that the assignee assumes all obligations.

25.2 No agency

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between the parties.

25.3 Force majeure

Neither party is liable for any failure or delay in performance to the extent caused by events beyond its reasonable control, including acts of God, natural disasters, fires, floods, pandemics, war, terrorism, civil unrest, government action, internet or telecommunications failures, and outages of Sub processors.

25.4 Entire agreement

These Terms, together with any Order Form, the Data Processing Addendum, the BYOK Schedule (if applicable), the Acceptable Use Policy, and the Privacy Policy, constitute the entire agreement between the parties and supersede all prior or contemporaneous agreements, communications, and understandings.

25.5 Severability and waiver

If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force. A waiver of any provision must be in writing and signed by the waiving party. Failure to enforce any provision is not a waiver of the right to enforce it later.

25.6 Anti corruption

Each party will comply with all applicable anti bribery and anti corruption laws, including the Prevention of Corruption Act 1988 of India, the Foreign Corrupt Practices Act 1977 of the United States, and the Bribery Act 2010 of the United Kingdom.

25.7 Export and sanctions

The Customer must not use the Service in violation of any export control or sanctions law, and must not provide access to the Service to any person or entity that is on a denied party list or located in a comprehensively sanctioned region.

25.8 Open source

Components of the Service incorporate open source software listed at https://workswarm.ai/oss. Open source components are licensed under their own terms and not under these Terms.

25.9 Headings and interpretation

Headings are for convenience only and do not affect interpretation. References to "including" mean "including without limitation".

26. Contact

For questions about these Terms, contact:

• General: support@vriksha.ai
• Trust and security: sachin@workswarm.ai
• Legal: sachin@workswarm.ai
• Address: Vriksha AI Technologies Pvt Ltd, Obeya Zen, Building No. 46, 1st Floor, 12th Main Rd, HSR Layout Sector 6, Bengaluru, Karnataka 560102, India.