Terms of Use

Terms of Use

Swarm Intelligia welcomes you to its website and you are encouraged to explore the content and features available on www.swarmintelligia.com website.

Before using the website, please read these non-negotiable terms of use carefully. By continuing to use the website, you (“the user”) agree to be bound by these terms of use. For additional information about Swarm Intelligia’s practices and policies regarding the collection, use, and storage of user information, please refer to the Swarm Intelligia Privacy Policy.

Swarm Intelligia reserves the right to change, update, or discontinue any aspect of this website at any time without notice. It is therefore recommended that you check back from time to time. Your continued use of this website after any such change constitutes your agreement to these TERMS OF USE, as modified. These Terms were last updated on December 15, 2023.

The terms of use for the purchase of any subscription products or services from Swarm Intelligia (“Services”), will be outlined in a separate sales agreement between you and Swarm Intelligia. The TERMS OF USE for the website www.swarmintelligia.com will not alter or restrict in any way your rights under your Swarm Intelligia sales agreement.

Copyright

The content and functionality of the website and all translations are the exclusive property of Swarm Intelligia and are protected by copyright laws and international copyright conventions applicable to Trinidad and Tobago. Swarm Intelligia grants users the right to access and use the website, but the content of the website or the functionality of the website shall not be copied, reproduced, modified, published, posted, transmitted, or distributed in any way. By accessing and using the website, the user agrees to comply with these TERMS OF USE and any additional access or use must be approved in writing by Swarm Intelligia. All rights that are not expressly granted are reserved.

Trademarks

The trademarks, service marks, designs, and logos (together known as “trademarks” on the website) are registered and non-registered Swarm Intelligia trademarks and their licensors. You agree not to refer to or attribute any information to Swarm Intelligia for advertising or promotional purposes in public media (such as press releases, websites, or public social media) or to inform or influence third parties, except as expressly permitted by Swarm Intelligia (e.g., through the social media sharing tools provided on the website) or by its licensors. You also agree not to use or reproduce Swarm Intelligia or its licensors’ trademarks or imply any endorsement or relationship with Swarm Intelligia or its licensors.

Use of Website Content

By accessing the website content, Swarm Intelligia grants you a limited, non-exclusive, non-transferable, and revocable license for the term hereof to access, download, display, and print a copy of the website content for your internal use. You are prohibited from altering or modifying the content, reproducing, modifying, reverse engineering, distributing, transmitting, posting, or disclosing the content of the website without the express written consent of Swarm Intelligia. The content of the website is protected by intellectual property rights. The use of Swarm Intelligia’s website does not grant directly or indirectly a license or right to use Swarm Intelligia’s intellectual property except as explicitly stated herein. The license granted in this clause will automatically terminate if you do not comply with the terms.

User Postings

By posting or publishing any information on the website, you acknowledge and agree that Swarm Intelligia has the right to use, disclose, and otherwise use all such information without restrictions. You also grant us a worldwide, non-exclusive, transferable, sublicensable, fully paid, royalty-free, permanent, irrevocable license and the right to reproduce, publish, distribute, modify, and otherwise use such information. Additionally, you waive any claim against Swarm Intelligia in connection with the use and publication of such submissions by Swarm Intelligia for any alleged or actual infringement of privacy or advertising rights, intellectual property rights, moral rights, or rights of assignment.

You agree not to post or publish materials that threaten, defame, insult, constitute or encourage a criminal offense, provoke civil liability, or otherwise violate the law, infringe intellectual property, privacy, or other rights of any third party, contain computer viruses or other destructive elements, contain advertising, contain false or misleading statements, or violate these conditions.

Swarm Intelligia does not represent or endorse the accuracy or reliability of the information provided to users on the website. Furthermore, Swarm Intelligia cannot review all information posted by users on the website and is not responsible for such information. However, Swarm Intelligia reserves the right to refuse posting and to remove information for any reason.

Claims of Copyright Infringement

Swarm Intelligia prohibits the posting of any information that infringes on or violates the copyright or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) has been infringed by any content on the website, please contact the Support Department at support@swarmintelligia.com. Your written statement should include the following:

  • Identification of copyrighted work and/or intellectual property rights claimed to have been infringed.
  • Identification of the allegedly infringing material on the website that must be removed.
  • Your name, address, daytime telephone number, and email address, if available.
  • A statement that you have a good faith belief that the use of copyrighted work and/or exercise of intellectual property rights is not authorised by the owner, its agent, or the law.
  • A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorised to act on behalf of the owner of the right that is allegedly infringed.
  • The signature of the intellectual property rights owner or someone authorised on the owner’s behalf to assert infringement of the rights.

Upon receipt of such a statement, Swarm Intelligia will remove any posted submission that infringes on the copyright or other intellectual property rights of any person under Trinidad and Tobago law. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful materials are prohibited from posting further submissions.

Disclaimer of Warranties

Swarm Intelligia provides the content and functionality of the website with the understanding that it is not providing professional advice or services on the website. The website content is not intended to serve as analytics, strategy, business intelligence, human capital management, project management, finance, marketing, or any other advice. You shall remain solely responsible for your use of all website content and acknowledge that any reliance upon the website content shall be entirely at your sole discretion and risk. All content and functionality on the www.swarmintelligia.com website are provided as is without warranty of any kind, either expressed or implied, including without limitation, implied warranties of merchantability, and fitness for a particular purpose. Swarm Intelligia and third-party content providers make no warranties, express, or imply to the ownership, accuracy, or adequacy of the website content. Swarm Intelligia shall have no liability or responsibility for any information published on linked websites, contained in any user submissions on the website, or provided by a third party.

Swarm Intelligia takes reasonable measures to screen its website for infection by viruses, worms, Trojan horses, or other code that may cause contamination or destruction. However, Swarm Intelligia cannot guarantee that its website will be free from infection, or code vulnerabilities, or that it will be available at any time or location. Therefore, neither Swarm Intelligia, nor its third-party content providers shall be responsible for any indirect, incidental, consequential, or punitive damages or losses for lost revenues or profits, whether advised of the possibility of such damages or losses and regardless of the Theory of Liability.

Limitation of Liability

Swarm Intelligia shall not be held liable for any damages, including, but not limited to, direct, incidental, or consequential damages (such as damages for lost profits, business interruption, and loss of programs or information) arising from the use or inability to use this website, or any information provided on this website. Additionally, Swarm Intelligia shall not be held liable for any claims attributable to errors, omissions, or other inaccuracies in the information provided on this website.

Indemnification

The user agrees to indemnify, defend, and hold harmless Swarm Intelligia and its predecessors, successors, parents, subsidiaries, affiliates, officers, employees, directors, shareholders, licensors, investors, agents, representatives, and attorneys and their respective heirs, successors, and assigns from and against all liability expenses, costs, reasonable legal fees, or other losses arising out of your use/misuse of the Website and/or any breach by you of these Terms, including the representations, warranties, and covenants you made, if any, by agreeing to these Terms.

Third-Party Rights

Swarm Intelligia, its employees, its licensors, and agents each have the right to enforce the terms of the Disclaimer of Warranty, Limitation of Liability, and the Indemnification against a user, as these terms are intended for their benefit.

Termination

By accessing and using the website, the user agrees to comply with all applicable laws and to not take actions that jeopardise the security or function of the website. Swarm Intelligia can terminate the user’s access to the website for any reason at any time. The terms hereunder regarding the Disclaimer of Warranty, Accuracy of Information, Indemnification, and Third-Party Rights shall survive termination.

Changes or Updates to the Website

Swarm Intelligia reserves the right to change, update, or stop any aspect of the website at any time without notice. The continuation of your use of the website after such changes constitutes your agreement with the TERMS OF USE of these modifications.

Accuracy of Information

The information contained on the website was obtained from sources believed to be reliable, however, Swarm Intelligia disclaims all warranties regarding the accuracy, completeness, or adequacy of such information. The user assumes the sole responsibility for achieving the intended results using this website.

Third-Party Websites & Provisions

This website may provide links to third-party websites, and some of the content on the website is provided or supported directly or indirectly by third-parties. Swarm Intelligia does not endorse, sponsor, or accept responsibility for third-party websites governed by the terms of use and privacy policies of the third-party content provider concerned. Users agree to refer any concerns relating to these third-party websites to the respective website administrators.

General Provisions

Any provision of any written communication received by Swarm Intelligia in connection with this website, that is inconsistent with these TERMS OF USE or adds to them, is null and void. If any provision is determined to be invalid by a court of competent jurisdiction, all remaining provisions will remain in full force and effect.

Privacy Statement

Swarm Intelligia values the privacy of its users and collects personal information such as name, organisation, email address, and other related information to provide a more personalised online experience and, where applicable, to process orders, as well as to keep track of what topics are of interest to our users. Swarm Intelligia does not share personal information with third parties. For additional information regarding Swarm Intelligia’s Privacy Policy, please Visit the Swarm Intelligia Privacy page at https://www.swarmintelligia.com/privacy or you can submit a request at support@swarmintelligia.com.

Governing Law and Jurisdiction

The TERMS OF USE and the resolution of any dispute arising hereunder shall be governed and construed by the laws of Trinidad and Tobago, without regard to the provisions of conflicts of law thereof. The user agrees to the jurisdiction of the Trinidad and Tobago courts.