Swomi Inc. — Confidential — Draft for Legal Review
Version: 1.3 (Draft for Legal Review) — supersedes v1.2
Effective Date: June 4, 2026 | Entity: Swomi Inc., incorporated in Canada
Contact: support@swomi.com | privacy@swomi.com | DPO: dpo@swomi.com
v1.3 aligns these Terms to the canonical Swomi Model Specification v1.0 and to Privacy Policy v1.3. Updated: the service description (Actors and autonomous agents), the data/consent section (the contextual consent sequence, the reasoning/intelligence firewall, group participation and contribution), and acceptable use (mirroring Swomi’s own commitment not to scrape, source, or cold-contact).
By accessing or using Swomi’s services (“Services”), you agree to be bound by these Terms of Service (“Terms”). If you are entering into these Terms on behalf of an organization, you represent and warrant that you have authority to bind that organization. These Terms, together with our Privacy Policy, Acceptable Use Policy, and any service-specific terms, constitute the entire agreement between you and Swomi regarding your use of the Services. The Privacy Policy and Acceptable Use Policy are available in the Swomi Trust Center.
You must be at least 13 years of age to use the Services.
European Union / United Kingdom: at least 16 years of age.
Quebec, Canada: at least 14 years of age.
If you are under the applicable age threshold for your jurisdiction, you may not use the Services. Additional restrictions and parental-consent requirements apply in educational contexts — see §11.
To use certain features you must create an account, under which you may create one or more Actors (avatars or autonomous agents). You agree to:
Provide accurate, current, and complete information.
Maintain and promptly update your information to keep it accurate.
Maintain the security and confidentiality of your credentials.
Accept responsibility for all activity under your account, including the Actors you create and operate.
You are responsible for notifying us immediately of any unauthorized use of your account. Swomi will not be liable for any loss or damage arising from your failure to maintain account security.
Swomi provides AI-powered interaction services built around Actors, including but not limited to:
Conversational AI assistants and autonomous agents (“Actors”) that perform tasks and may improve at a skillset over time.
Content generation and analysis.
Behavioral personalization (with your explicit consent; off by default).
Participation in group-based shared intelligence that you choose to join (with your explicit consent).
Platform APIs for developers and enterprises.
Some Actors are operated by or learn for you (“user-bonded”); others are created and operated by Swomi with no individual behind them (“system agents”). Where you interact with an AI agent, that fact is disclosed (EU AI Act Art. 50). The Services are provided on an “as is” and “as available” basis. We do not guarantee uninterrupted availability, and we reserve the right to modify, suspend, or discontinue any feature at any time with reasonable notice.
Your use of the Services is governed by our Privacy Policy, incorporated into these Terms by reference. Key principles:
Swomi separates reasoning from intelligence. The reasoning level is provided by a third-party reasoning engine acting as our processor on minimized, de-identified input that it does not retain or train on; the intelligence level (your sovereign profile, group/shared intelligence, and persistent learning) stays within Swomi and never crosses to the reasoning engine. Within the intelligence level, a Two-Lens design separates Lens 1 — Behavioral Data (Zone A security and Zone B personalization, architecturally isolated from each other) — from Lens 2 — Identity Data. Each connects to Lens 2 only through an independently gated bridge.
By default, behavioral personalization, group participation, contribution, and model improvement are OFF, and no behavioral profile is created before you opt in. Consent is requested in context:
Personalization — when you create an Actor, you choose whether it may learn you. The Actor is created and works either way.
Shared-intelligence profile — you may give an Actor a profile that can participate in groups (reversible until used).
Group participation — asked per group you join; revocable when you leave.
Contribution — a separate, warned choice to contribute your Actor’s learning to a group’s shared intelligence. A contribution remains retractable for 30 days, after which it is blended into the collective and can no longer be individually withdrawn.
Model improvement — a separate, optional consent for improving Swomi’s own systems on pseudonymized/aggregated data; distinct from group contribution.
You may revoke any consent at any time. Revocation takes effect for new processing immediately.
Personalization data: upon revocation, we delete your Zone B profile within 30 days.
Group contribution: contributions within the 30-day window are withdrawn; contributions already blended cannot be individually reversed (documented technical limitation).
Model improvement: data already incorporated cannot be selectively reversed; no further data will be incorporated.
Embeddings & vector stores: purged where technically feasible within 30 days of an erasure request; where removal would compromise system integrity, the limitation is documented and compensating measures applied.
By accessing Swomi, you acknowledge that we process certain technical and behavioral data for security purposes (fraud prevention, bot detection, abuse mitigation) under Legitimate Interest, without requiring your consent. This processing is:
Limited to what is necessary to protect our systems and users.
Stored in the isolated Security Zone (Zone A) and not used for personalization, shared intelligence, model improvement, or advertising.
Subject to human review where a security determination would significantly affect you, and to your right to object (Privacy Policy §9).
If our system infers psychological or emotional attributes that could constitute special category data (GDPR Art. 9), we:
Alert you before storing the inference and require explicit consent at the point of inference.
Store any retained inference in a separate, access-restricted store, read-isolated from our security and personalization/shared-intelligence systems.
Do not use such inferences for shared intelligence, model improvement, or third-party sharing.
If our system detects possible distress, it responds with care and surfaces support resources in the moment. This is transient: it is not stored as a profile attribute and is not used for personalization, shared intelligence, or model improvement (Privacy Policy §7).
Swomi does not scrape social media or the web to build or enrich profiles, does not source or purchase lists of non-users to contact, does not send unsolicited messages built on data a person did not give us, and does not sell personal data or use it for targeted advertising. Invitations are sent by users to people they already know and choose.
You agree not to use the Services to:
Violate any applicable law or regulation.
Generate, promote, or distribute illegal content.
Facilitate fraud, deception, or misrepresentation.
Incite, facilitate, or promote violence, extremism, terrorism, or hate.
Harass, abuse, or threaten individuals or groups.
Promote discrimination based on protected attributes (race, ethnicity, religion, gender, sexual orientation, disability, etc.).
Reverse-engineer, decompile, or extract our models or underlying technology, except as permitted by applicable law.
Use automated means (bots, scrapers, crawlers) to access content in violation of our machine-readable instructions (e.g., robots.txt).
Use Swomi to scrape, harvest, or source personal data about people who are not Swomi users, or to send them unsolicited communications. (Swomi holds itself to the same rule — see §5.6.)
Use AI-generated content from Swomi to develop competing machine-learning models or AI technology.
Bypass, circumvent, or interfere with our security measures, including Zone A security profiling.
Infringe third-party intellectual property, privacy, or other legal rights.
Use Swomi outputs to impersonate individuals or organizations.
Submit content you do not have the right to submit.
Use Swomi models as part of biometric categorization systems that infer race, political opinions, religious beliefs, sex life, or sexual orientation from biometric data.
Use Swomi models in law-enforcement applications that impair liberty, civil liberties, or human rights.
You retain ownership of the content you submit to Swomi (“Inputs”). By submitting content, you grant Swomi a limited, non-exclusive, revocable license to process it solely to provide the Services.
Outputs generated by Swomi are owned by Swomi, except where applicable copyright law (including guidance from the U.S. Copyright Office and the Canadian Copyright Board) dictates otherwise. You are granted a non-exclusive, worldwide, royalty-free license to use Outputs for your personal or commercial purposes, subject to these Terms.
Business term to confirm: §7.2 assigns Output ownership to Swomi and licenses it back to the user. Many consumer AI services assign Outputs to the user. This is a deliberate commercial decision — flagged for whoever owns commercial terms; not a compliance defect either way.
The Swomi platform, including its models, architecture, algorithms, and underlying technology, is the exclusive property of Swomi. These Terms grant you no rights to our technology beyond the limited license to use the Services.
Swomi generates responses using AI, and Actors may act autonomously based on your configuration. Outputs and agent actions may be inaccurate, incomplete, or unreliable. You are responsible for configuring, supervising, and verifying your Actors and any output before relying on it.
Swomi outputs do not constitute professional advice — legal, medical, financial, or otherwise. Consult qualified professionals for advice specific to your situation.
To the maximum extent permitted by applicable law:
Swomi’s total aggregate liability for any claims arising from these Terms or the Services shall not exceed the amount you paid Swomi in the twelve (12) months preceding the claim, or CAD $100, whichever is greater.
Swomi shall not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, or business opportunities.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including the legal guarantees provided to EEA and UK consumers under applicable consumer-protection legislation.
To the extent permitted by applicable law, you agree to indemnify Swomi and its directors, officers, employees, and contractors for any third-party claims arising from:
Your unlawful use of the Services.
Your violation of these Terms or the Acceptable Use Policy.
Your infringement of third-party intellectual property, privacy, or other legal rights.
We may suspend or terminate your access to the Services at any time, with or without cause, with reasonable notice where required by law. Upon termination, your right to use the Services will immediately cease. Sections 7 (Intellectual Property), 8 (Disclaimers and Limitation of Liability), 9 (Indemnification), and this Section 10 shall survive termination.
When Swomi services are deployed in educational settings, additional protections apply:
Age-gating: enforced according to applicable jurisdiction (13/14/16 years minimum).
Parental consent: obtained where required by law (COPPA, GDPR Art. 8, Law 25 s.26).
Institutional management: administrators may manage consent settings at the organizational level.
Restrictions: student data is not used for model improvement or shared intelligence without explicit institutional and individual consent; personalization defaults are stricter for minors.
View and manage student consent records.
Disable personalization and group participation for students under 16.
Export or delete student data upon request.
Access audit logs of data-processing activities.
U.S. FERPA and COPPA requirements.
EU GDPR Article 8 (child consent).
Quebec Law 25 Section 26 (minor protection).
Applicable provincial education legislation.
Material changes will be notified via email or a prominent notice at least 30 days before taking effect.
Security or legal-compliance updates may take effect on shorter notice where required by law.
Continued use of Swomi after changes take effect constitutes acceptance of the updated Terms.
These Terms are governed by the laws of Quebec, Canada. For EU users, local mandatory consumer-protection laws apply. Any disputes shall be resolved in the courts of Quebec, unless local law requires otherwise.
General inquiries: support@swomi.com
Privacy inquiries: privacy@swomi.com
Data Protection Officer: dpo@swomi.com
Mailing address: Swomi Inc., [Insert Registered Address], Quebec, Canada
Last Updated: June 4, 2026 | Version: 1.3 (Draft for Legal Review)