Terms of Service
Provider: Intunex Oy ("SwarmMind")
Quick Summary (2 minutes)
- SwarmMind is built for professional use (organisations).
- A Hive can be Customer-run (Customer = Controller) or Intunex-run (Intunex = Controller).
- You may use the service only as an authorised user (invited by an Admin or using it in a work role).
- AI helps — but humans remain responsible for decisions.
- We do not use your content to train AI models.
- Privacy and subprocessors are described separately: Privacy Notice + Subprocessors.
- Liability is limited: no indirect damages, and a liability cap applies (see section 9).
1. Scope - who these Terms are for
These Terms govern use of the SwarmMind service.
B2B default: if you use SwarmMind in an organisation, the organisation ("Customer") is responsible for ensuring users have the right to use the service and process the data stored in the Hive.
If you have a separate written Order Form / Enterprise Agreement, it prevails over these website Terms in case of conflict.
2. Accounts, Hive and roles
A Hive is an organisation's own workspace.
Each Hive must always have at least one Admin. The last Admin cannot be removed (security & continuity).
A user may have multiple roles and multiple Hives. The active role defines current permissions.
You are responsible for securing your account (SSO/MFA where available).
3. Acceptable Use (AUP, short)
You must not use the service in a way that:
- breaks laws or infringes rights
- attempts to bypass security, scrape data, or overload the service
- involves malware, fraud, or mass spam
- intentionally dumps sensitive personal data or secrets into the service
We may restrict or suspend access to protect the service and its users/customers.
4. Data & privacy
SwarmMind separates three data categories with different responsibilities:
A) Customer Hive Data
Customer = Controller, SwarmMind = Processor
Includes roles, org settings, stored conversations, saved outputs.
B) Platform Operations
SwarmMind = Controller
Technical logs, abuse prevention, minimum audit events, billing/operations.
C) Learning Identity
Default: SwarmMind = Controller. Isolated: Customer = Controller
User controls content and visibility. Customer may choose that Learning Identity stays inside the organisation.
See details in the Privacy Notice and the Subprocessors table.
5. AI features
We do not use Customer content to train AI models.
- AI assistants generate responses, summaries and suggestions.
- AI can be wrong. Do not rely on it as the sole basis for legal, medical or safety-critical decisions.
- Conversations are not automatically archived unless a feature stores them (e.g., swarm threads) or the user chooses Save.
- During the pilot, some AI providers may be optional (e.g., OpenAI) and can be disabled to support the EU-only target.
6. Security & audit trail
- We build with an enterprise-grade mindset: role-based access, logging, audit integrity and abuse controls.
- Audit trails support trust ("who did what") while enabling GDPR-compliant deletion/anonymisation of personal identifiers.
- System admin visits can be logged (who, when, why).
7. Fees, plans and pilot nature
Fees and any SLA are defined in your plan or a separate agreement. During the pilot, the service may evolve quickly; Admins will be informed of material changes.
8. Termination, deletion and data return
In Customer Hives, the Customer handles user removals as Controller. Deletion/anonymisation follows Customer instructions and the Privacy Notice. Upon termination, data return/deletion follows the agreement and the notice.
9. Liability
No indirect damages | Liability cap: 40% or 6x monthly fee
No indirect damages: we are not liable for indirect/consequential damages (lost revenue, reputation), unless mandatory law requires otherwise.
Liability cap: unless agreed otherwise in writing, total liability is limited to:
- 40% of the VAT-exclusive total fees for the service/delivery, or
- if it is subscription-only, 6x the VAT-exclusive monthly fee in effect at the time of breach.
Exceptions: the limitation does not apply to wilful misconduct or gross negligence, or where mandatory law requires otherwise.