1. Introduction

1.1 This Software Subscription Agreement
("Agreement") is entered into by and between BAEB90, LLC dba SWARM Tech AI ("Provider") and the "Customer". This Agreement governs the terms and conditions under which the Provider will provide software subscription services to the Customer.

1.2 This Agreement applies to all methods of accessing and using our services, including but not limited to website access, mobile applications, and interaction with our Telegram bot. When you use our Telegram bot and execute the "/swarm_enroll" command, you are explicitly agreeing to these terms in their entirety.

2. Subscription Rights and Limitations

2.1 License Grant Provider grants Customer a non-exclusive, non-transferable, limited license to access and use the software ("Software") during the subscription term.

2.2 Restrictions, Customer shall not:

·         2.2.1 Copy, modify, or create derivative works of the Software.

·         2.2.2 Reverse engineer, decompile, or disassemble the Software.

·         2.2.3 Rent, lease, or sublicense the Software to any third party.

·         2.2.4 Use the Software for any unlawful purpose.

3. Intellectual Property Rights

3.1 All intellectual property rights in the Software are solely owned by Provider. No rights are granted to the Customer other than the limited license to use the Software as specified in this Agreement.

4. Fees and Payment

4.1 Subscription Fees Customer agrees to pay the subscription fees as specified during enrollment using Telegram Bot using the command /swarm_enroll.

4.2 Add-On Fees Any additional features or services ("Add-Ons") requested by the Customer will incur additional fees as specified in the order form or invoice.

4.3 No Refunds All fees are non-refundable. There are no refunds for any reason.

4.4 Payment Methods and Agreement Acceptance By funding either a crypto wallet provided by Provider, using payment features within the website, or enrolling through our Telegram bot using the "/swarm_enroll" command, you explicitly agree and are bound to the terms of this Agreement. For specific terms related to Telegram bot enrollment, please see section 4.5.

4.5 Telegram Bot Enrollment and Terms Acceptance

By using the "/swarm_enroll" command in our Telegram bot, you explicitly acknowledge and agree that:

4.5.(a) You are interacting with an automated bot service provided by BAEB90, LLC dba SWARM Tech AI;

4.5.(b) You have read, understood, and agree to be legally bound by this entire Agreement.

4.5(c) Your use of the "/swarm_enroll" command constitutes your electronic signature and consent to this Agreement in its entirety.

4.5(d) Prior to enrollment, you have been provided with access to review this Agreement at https://swarmtech.ai/terms-page;

4.5(e) You consent to receive communications and notifications related to your subscription through the Telegram platform and other social media platforms provide by section 4.5(a).

4.5(f) The Provider will maintain a record of your acceptance of these terms through the "/swarm_enroll" command, including the date and time of acceptance.

4.5(g) For verification and record-keeping purposes, your acceptance of terms through the "/swarm_enroll" command will be logged with your Telegram user ID, username (if available), timestamp, and chat context. This information is maintained securely and in accordance with our data retention policies described in Section 5.

4.5(h) IF YOU OBTAIN A DISCOUNT SUBSCRIPTION FROM A SWARM RESELLER AFTER YOUR ENROLLMENT, THE DISCOUNT IS NOT APPLIED UNTIL THE NEXT RENEWAL CYCLE. THERE IS NO DISCOUNT PRORATING. THERE IS NO BACK DATING TO APPLY THE DISCOUNT TO THE CURRENT SUBSCRIPTION.

4.6 Forfeiture of Crypto Funds

Any Solana and/or other crypto assets/funds still within the Provider crypto wallet are forfeited to Provider at the end of a subscription. Additionally, any crypto funds used to pay raiders on behalf of the Customer are forfeited to Provider at the end of a subscription. To prevent this from occurring, the Customer must fund the Provider crypto wallet as outlined in section "10. Termination Schedule."

4.7 Credit Card Payments All compliances of secure transactions are with the Point-of-Sale credit card provider. Provider is not responsible for any issues related to credit card payments.

5. Information Collection

5.1 Any information collected by the Software is the sole ownership of Provider. Information collected includes, but not limited to raiding replies, analysis, feedback, or payments to raiders. Due to the nature of crypto, blockchain, Telegram, and X (formerly Twitter), other social media platforms.

The Provider responsibility is to minimize personally identifiable information (PII) information is not collected.

6. Bot Interaction Disclosure

6.1 When you interact with our Telegram bot, you acknowledge that:

6.1.(a) You are communicating with an automated system and not a human representative.

6.1.(b) The bot collects and processes information as described in Section 5 (Information Collection);

6.1.(c) While the bot is designed to provide accurate information and process commands correctly, it operates under the same "No Guarantees" provisions outlined in Section 7;

6.1.(d) Commands executed through the bot, including but not limited to "/swarm_enroll", have legal significance and may result in financial transactions, subscription enrollment, or other binding actions as described in this Agreement.

7. No Guarantees

7.1 Provider makes no guarantees regarding the performance, reliability, or availability of the Software. The Software is provided "as is" without any warranties of any kind. This "No Guarantees" also includes slow payments to raiders, no payments to raiders, incorrect payment to raiders.

8. Limitation of Liability

Provider's liability for any claims arising out of this Agreement shall be limited to the amount paid by the Customer for the subscription during the twelve (12) months preceding the claim.

9. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state of Texas, USA. Any legal matters arising under this Agreement shall be recognized and resolved exclusively in the state of Texas.

10. Term and Termination

10.1 Term This Agreement shall commence on the effective date and continue until schedule is met in "11. Termination Schedule"

10.2 Termination Either party may terminate this Agreement with written notice if the other party breaches any material term of this Agreement and fails to cure such breach within thirty (30) days of receiving notice.

11. Termination Schedule

Subscription terminations, All times are Central Time Zone (CT).

·         Daily Subscription and add-ons end at 11:59 PM on the day of enrollment

·         Weekly Subscription and add-ons end 7 days from the day of enrollment at 11:59 PM

·         Monthly Subscription ends on the day of the next month at 11:59 PM

12. Miscellaneous

12.1 Entire Agreement This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings. This Agreement applies equally regardless of how you access or enroll in our services, whether through our website, mobile applications, or Telegram bot commands such as "/swarm_enroll".

12.2 Amendments Any amendments to this Agreement must be in writing and signed by both parties.

12.3 Severability If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.