Fair Use Policy

This Fair Use Policy (“Policy”) is incorporated by reference into the Swarmify Master Services Agreement (“MSA”) and supplements the Service Integrity and Resource Management terms in Section 2.2 of the MSA. Capitalized terms not defined here have the meaning given in the MSA.

1) Why we have this Policy

Our goal is to protect the integrity, security, and performance of the Service for all customers. While some plans may be described as “unlimited” or unmetered, usage must remain reasonable and consistent with the intended, typical use of the Service and your plan tier.

2) Covered resources

This Policy governs unusually heavy or abusive use of shared resources, including without limitation: bandwidth/egress, CDN requests, storage, API calls, compute and concurrency, media processing/transcoding minutes, request rates (QPS/RPM), and job queue depth.

3) What counts as unfair use

Swarmify may deem usage to be unfair if, in our reasonable judgment, it:

1. materially degrades performance, security, or stability for you or others;
2. creates a security or legal/compliance risk;
3. is uneconomical or places an undue burden on our infrastructure relative to your plan; or
4. attempts to bypass product limits, rate limits, or account restrictions.

Examples include: sustained traffic far beyond plan norms; programmatic scraping or hotlinking by third parties; credential sharing beyond licensed seats; reselling, re-packaging, or white-labeling the Service without permission; abusive automation; or running stress tests without written approval.

Separately, usage that exceeds the limits stated in your Order Form — or, if you don’t have one, published for your plan when your current term began — is on its own enough to start the process in Section 4, without any of the judgments above. This doesn’t apply to anything that already has a metered overage rate, such as views.

4) Our process (notice, cure, and remedies)

1. Heads-up & guidance. We’ll email the admin contacts on your account with details and recommended mitigations.
2. Opportunity to cure (10 days). Except for emergencies, you’ll have at least ten (10) days to remedy the issue or move to an alternative plan.
3. If unresolved, we may do one or more of the following:
   • (i) move you to the least expensive plan priced above your current one whose limits cover your actual usage, keeping your billing frequency, renewal date, and features — or our highest-tier plan if none does — at the rates published as of the notice date, or propose custom pricing;
   • (ii) implement reasonable technical controls (e.g., rate limiting, concurrency caps, caching requirements, declining additional uploads while you are above plan limits); and/or
   • (iii) pass through at-cost third-party fees directly attributable to your usage and not already covered by your plan’s recurring fees, plus up to a ten percent (10%) administrative fee, itemized and invoiced monthly in arrears (as allowed by the MSA).
4. Plan changes, and your right to leave instead. A plan change under (i) takes effect no sooner than 10 days after a further notice, sent by email and posted to your dashboard, telling you the new plan, the exact amount, the effective date, and how to say no. You owe only the additional recurring fees for the rest of your term. For 30 days after that notice you may terminate instead of accepting the change; we’ll refund prepaid, unused fees for the terminated portion of your term (less anything accrued under (iii)), and no early-termination fee applies. If you say no without terminating, you stay on your current plan. While all of this is going on — and until your usage is back within your plan’s limits — we may keep the controls in (ii) in place, including pausing new uploads. The plan change in (i) only applies to terms that start on or after this policy’s effective date.
5. Repeat issues. If substantially the same problem comes back within 90 days of a fix, we don’t have to give you another cure period before applying (ii) or (iii).
6. Emergency actions. To protect the Service, Swarmify may temporarily throttle, disable specific endpoints, or block abusive sources immediately. We’ll notify you as promptly as practicable and work with you to resolve quickly.

5) Monitoring & privacy

We may collect and analyze usage metrics to enforce this Policy and operate, secure, and improve the Service. Monitoring focuses on telemetry/metadata and does not grant Swarmify any ownership of Customer Content. De-identified and aggregated data may be used per the MSA.

6) API and caching expectations

High-volume and bursty use cases should implement sensible caching, backoff/retry strategies, and respect documented rate limits. We may publish additional endpoint-specific guidance from time to time.

7) Changes to this Policy

We may update this Policy as described in the MSA. Updates addressing security, legal compliance, or service integrity may apply during a then-current Service Term with the minimum notice stated in the MSA.

8) Contact

Questions? Contact us at: legal@swarmify.com.

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