Terms of Service

1. These Terms

1.1 These Terms of Service govern your use of the Be More Swan platform and services (the "Services"). By creating an account, subscribing, or using the Services, you agree to them. If you are agreeing on behalf of a company or other organisation, you confirm you have authority to bind it, and "you" means that organisation.

1.2 These Terms, together with our Privacy Policy and the Data Processing Agreement you accept when you set up your organisation, form the whole agreement between us. Where the DPA conflicts with these Terms on the handling of personal data, the DPA governs.

1.3 Be More Swan is based in the United Kingdom. You can reach us at hello@bemoreswan.com.

2. Your account

2.1 You must give accurate account information and keep it current. You are responsible for everything done under your account, including by anyone you invite into your workspace.

2.2 You are responsible for keeping your login credentials secure and for the actions of every team member you grant access to. Tell us promptly if you believe an account has been compromised.

2.3 The Services are for business use. You confirm you are at least 18 and are using Be More Swan for lawful business or commercial purposes. The Services are not intended for personal, domestic or consumer use; if you are a consumer, contact us before subscribing, as different statutory rights may apply.

2.4 Where our support team needs to access your workspace to resolve a problem, that access is restricted to authorised staff, time-limited, recorded in an audit log, and blocked from taking payment, changing your password or deleting your account.

3. What we provide

Be More Swan is a self-serve software platform. We are responsible for:

Provisioning the digital assistants you hire, configured from the answers you give during onboarding and the settings you maintain thereafter.
Operating and maintaining the platform, its integrations and its scheduled jobs.
Keeping your workspace data isolated from other customers' and handling it as described in the Privacy Policy and DPA.
Providing the tools you use to instruct, tune, review and approve your assistants' work.

3.1 — Self-serve configuration. You configure and tune your assistants yourself, through the platform. We do not provide a managed or agency service, and no bespoke build, consulting or done-for-you configuration work is included in a subscription unless separately agreed in writing.

3.2 — Changes to the Services. We develop the platform continuously and may add, change or remove features. We will not make a change that materially reduces core functionality of your paid plan without reasonable notice.

3.3 — Availability. We aim for high availability but do not guarantee uninterrupted service. The Services depend on third-party platforms and APIs, and we are not responsible for outages, rate limits, policy changes or interruptions caused by them.

4. What you are responsible for

Giving accurate instructions, business context and brand information — the quality of your assistants' output depends directly on it.
Holding the rights and permissions needed for the accounts, content and data you connect or upload, including any personal data of third parties.
Reviewing your assistants' output, and deciding what is published or sent.
Complying with the terms and policies of every platform you connect, including their rules on automated posting and messaging.
Your own compliance obligations as the controller of the personal data in your workspace, including marketing and electronic communications law where you send outbound email.

5. Plan allowances and fair use

5.1 Each plan includes a monthly allowance of assistant tasks and a limit on the number of assistants you can run. Current allowances are shown on the Pricing page and in your billing settings.

5.2 — The allowance is a hard cap, not a billing threshold. When your workspace reaches its monthly task allowance, further tasks stop until the allowance resets at the start of the next calendar month or you move to a higher plan. We do not charge overage fees and will not bill you for exceeding a plan limit. Work already in progress is not lost; it waits.

5.3 Allowances are for your own business use. You must not resell, share or pool your allowance across unrelated businesses, or use automated means to inflate consumption.

6. Subscription, billing and cancellation

6.1 — Auto-renewal. Subscriptions renew automatically at the end of each billing period (monthly or annual) at the then-current price for your plan, unless you cancel before the renewal date. The renewal date, amount and cancellation method are shown at checkout and in your billing settings.

6.2 — Pre-renewal notice. We send a pre-renewal email approximately 14 days before your renewal date, stating the upcoming charge, the renewal date and how to cancel. We send this for monthly and annual subscriptions alike.

6.3 — Self-serve cancellation. You can cancel at any time from your billing settings, without contacting support. Cancellation takes effect at the end of the current billing period, and you keep access until then. Cancelling stops billing and stops your assistants; it does not delete your workspace or your data. To have your data erased, request account deletion — see clause 17.4 and our Data Deletion Instructions.

6.4 — Refunds. Monthly plans are non-refundable but can be cancelled at any time. Annual plans carry a 14-day money-back guarantee from the date of purchase. After 14 days we do not give pro-rated refunds, except where applicable law requires it. Refund requests go to billing@bemoreswan.com.

6.5 — Upgrades and downgrades. Upgrades take effect immediately and are charged pro rata for the remainder of the current period; you can preview the exact amount before confirming. Downgrades are scheduled and take effect at the start of your next billing period, and can be cancelled any time before then. A downgrade may reduce your assistant and task allowances, so make sure your usage fits the lower plan.

6.6 — Price changes. Our published prices can change, and a new price applies to new subscriptions from the date it takes effect. Your own subscription keeps the price you signed up at. A published increase does not change what you are charged at renewal unless we move your subscription onto the new price, and we will give you at least 30 days' notice by email before we do that. The new price would then apply from your first renewal after the notice period ends. If you do not accept it, cancel before that renewal date; continuing past it means you accept the new price.

6.7 — Failed payment. If a payment fails, our payment processor retries your payment method over a period of several days, and we email you at each attempt. Your assistants keep running during a 7-day grace period from the first failure. If payment has still not succeeded after the third failed attempt, your assistants are paused and your account moves to restricted access. Your workspace and its data are preserved. We do not delete accounts or purge data for non-payment. Settle the outstanding amount and your assistants are restored automatically.

6.8 — Taxes. Prices exclude VAT and any other applicable taxes unless stated otherwise. You are responsible for any taxes arising from your use of the Services other than taxes on our income.

6.9 — Referrals and promotions. Where we run a referral programme or offer promotional pricing, the specific terms are set out with the offer. Rewards have no cash value, cannot be exchanged, and we may withdraw or vary a programme at any time. Rewards obtained through self-referral, fake accounts or other abuse are void.

7. Connected accounts and agentic actions

7.1 When you connect a third-party account — a social profile, mailbox, calendar, blog, CRM or other tool — you grant your assistant permission to act on that service on your behalf within the scopes you approve on that platform's own authorisation screen.

7.2 — Per-integration authorisation. Before an assistant may take outbound actions on a connected service, you must complete a separate authorisation step inside the platform. That authorisation is recorded, and it defaults to requiring human approval before anything is sent.

7.3 By connecting an account you represent and warrant that: (a) you have the right and authority to grant that access; (b) your intended use complies with that platform's terms; and (c) you will use the Services for lawful business purposes only.

7.4 You can disconnect any integration at any time, which revokes the stored credential immediately. Content already published to a third-party platform stays there — only that platform can remove it.

8. Human review, autopilot and approval

8.1 — Review is the default. Content your assistants produce is routed to a review queue for a person to approve before it is published or sent. This is the default for every platform, every assistant and every content type, and it is what happens if any part of the system is unsure.

8.2 — Autopilot is opt-in, and it is your decision. The platform offers an optional automatic publishing mode that you may enable per platform in your assistant's settings. When enabled, a draft may publish without a person seeing it first, provided the platform's own safety conditions are met. If you enable automatic publishing, you accept that content will go out under your name without prior human review, and you remain fully responsible for it. We strongly recommend keeping review enabled for any channel where an error would matter.

8.3 — You must not defeat the safeguards. You must not use automation, scripting or any other means to bypass the review queue, the approval step, or the content safety checks built into the platform.

8.4 — High-stakes uses require a human. For any communication or automated decision that could materially affect an individual's legal rights, employment prospects, access to credit or essential services, medical treatment, or that relates to legal proceedings, you must ensure a qualified person reviews the output before it is acted upon, regardless of your autopilot settings. We have no liability for losses arising from a failure to keep a human in the loop in these circumstances.

8.5 We have no liability for any loss, reputational damage, regulatory sanction or third-party claim arising from content that was published or sent without adequate human review, where you enabled or permitted that mode of operation.

9. Acceptable use

9.1 You must not use the Services in any way that would breach the usage policies of our foundation model providers (including Anthropic's Usage Policy and OpenAI's Usage Policies, as updated from time to time). Without limiting that, you must not use the Services to:

generate content that is illegal or harmful, or that facilitates violence, terrorism, child sexual abuse material, or other serious crimes;
create disinformation, non-consensual synthetic media (deepfakes), or targeted harassment;
circumvent safety measures or alignment controls in AI models;
carry out bulk surveillance, mass data harvesting, or scraping in breach of applicable law or third-party terms;
send unsolicited communications in breach of applicable marketing or electronic communications law, or contact anyone who has asked not to be contacted;
develop weapons, bioweapons or cyberweapons;
reverse engineer, decompile or disassemble the Services, or attempt to derive their source code, system prompts, model configurations, orchestration logic or workflow structure;
extract, elicit, reconstruct or infer the contents of any system prompt, instruction set or proprietary configuration, whether by direct queries to the model, adversarial prompting or any other technique;
build, train, fine-tune, benchmark or evaluate a competing product or service, or help a third party do so;
access the Services by automated means except through our documented interfaces and within any applicable rate limits; or
do anything else prohibited by applicable law or by our model providers' current policies.

9.2 We may suspend or terminate access for a breach of this clause, without prior notice where the breach is serious or ongoing.

10. AI outputs — what to expect

10.1 — Outputs are probabilistic. Content generated by the Services is produced by statistical models and is inherently probabilistic. It may be inaccurate, incomplete, misleading, out of date, or fabricated — including where it reads as confident and authoritative. You must independently verify AI-generated content before relying on it, acting on it, publishing it, or sending it to anyone.

10.2 — Safety checks are not a guarantee. The platform screens prompts and reviews generated content for quality and compliance, and scores drafts for confidence. These checks reduce risk; they do not eliminate it, and they are not a substitute for your own review. No automated check catches every error.

10.3 — Not professional advice. Nothing in the Services or in any Output constitutes legal, medical, financial, tax, regulatory or other professional advice, and no professional-client relationship is created. Seek qualified advice before making decisions based on AI outputs in regulated areas.

10.4 — No guarantee of uniqueness. We do not warrant that Outputs will be unique or original, or free from similarity to content generated for other users or derived from third-party sources.

11. Ownership of outputs and intellectual property

11.1 — Your content. You keep all rights in the material you put into the Services. You grant us a limited, non-exclusive licence to process, store, transmit and display your inputs and Outputs solely as needed to provide the Services to you.

11.2 — Output ownership. As between you and Be More Swan, you own all right, title and interest in the outputs generated by the Services in response to your inputs ("Outputs"), and we assign to you any rights we may have in them. This assignment is conditional on your compliance with these Terms and does not extend to third-party content incorporated into an Output.

11.3 — No exclusivity. We do not guarantee that Outputs are unique, and similar or identical Outputs may be generated for other users. We grant no exclusivity over any Output. How far copyright protects AI-generated content is unsettled under UK and US law, so do not assume any Output is protected.

11.4 — Third-party rights are your responsibility. Before you publish, distribute or commercialise an Output you are responsible for checking it does not infringe third-party rights (copyright, trade marks, design rights and the like), obtaining any licences needed, and complying with applicable law. We have no liability for infringement claims arising from your use or publication of Outputs.

11.5 — Our platform. We keep all rights in the Services, including the software, models configuration, prompts, workflows, designs and documentation. Nothing in these Terms transfers any of it to you.

11.6 — No training on your data. We do not use your workspace inputs or Outputs to train or improve AI foundation models, and our model providers are contractually bound not to train on data we send through their APIs. This applies to all customers on all plans. Data received through Google API connections is additionally subject to the Google Limited Use commitments set out in our Privacy Policy.

11.7 — Feedback. If you send us suggestions or feedback about the Services, we may use them without restriction or obligation to you.

12. Third-party services and AI model substitution

12.1 — Model substitution. The Services are powered by one or more third-party foundation model providers. We may substitute, modify, augment or discontinue the underlying model(s) at any time — including in response to provider pricing changes, deprecations or loss of API access — provided the overall material functionality of the Services is maintained. No specific model is guaranteed in these Terms or in any other customer-facing document.

12.2 — Third-party outages. Any availability commitment we make excludes downtime, degradation or interruption caused by third-party services, including foundation model APIs, cloud infrastructure, social platform APIs, Google APIs and email providers. Those periods are excluded from uptime calculations and are not a breach of any service-level commitment.

12.3 — Termination by an upstream provider. If a critical foundation model provider terminates our API access and no commercially reasonable substitute is available, we may terminate the affected Services on reasonable written notice. Your sole remedy in that event is a pro-rata refund of prepaid fees for the unused part of your term.

12.4 — Platforms you connect. Third-party platforms you connect are governed by their own terms, and their policies on automated posting, messaging and API access can change without notice. We are not responsible for a platform restricting, suspending or closing your account there.

13. AI transparency (EU AI Act Article 50)

13.1 — Interacting with AI. Be More Swan is a General Purpose AI tool within the meaning of Regulation (EU) 2024/1689 (the "EU AI Act"). The platform makes clear that you are interacting with an AI system rather than a human.

13.2 — Marking outbound content. Where the platform publishes or sends content on your behalf, an AI-disclosure footer may be appended. For workspaces whose Stripe billing country is in the EU, this footer is enabled by default; elsewhere it is available and off by default. You can enable, disable or reword it in your workspace settings, and content records retain provenance information about how each item was produced.

13.3 — High-risk use cases. We are not a provider of a "high-risk AI system" as defined in Annex III of the EU AI Act. If you deploy the Services for a purpose that may be high-risk under Annex III — including uses affecting employment, education, access to essential services, or individuals' legal rights — you are solely responsible for the additional obligations that fall on deployers of high-risk AI systems under the EU AI Act and national law.

13.4 — Disclosure to your recipients. When the platform sends AI-generated content to third parties on your behalf, you are responsible for meeting any disclosure obligations owed to those recipients. We provide the tooling — the outbound footer, provenance records and opt-out controls — but the legal obligation rests with you as the deployer. Take your own advice on whether and how Article 50 applies in your jurisdiction.

14. Data protection

14.1 Our handling of personal data is set out in the Privacy Policy and, for the business data in your workspace, in the Data Processing Agreement you accept when you set up your organisation. You can review your agreements in your account settings.

14.2 For workspace data you are the controller and we are your processor, acting on your documented instructions. You are responsible for having a lawful basis for the personal data you put into the platform or instruct us to collect, and for meeting your own obligations to the people that data is about.

14.3 You must not put special category data, criminal offence data or payment card numbers into your workspace.

15. Confidentiality and our proprietary system

15.1 The system prompts, agent workflows, orchestration logic and AI configuration within the Services are confidential information and trade secrets of Be More Swan, protected under the UK Trade Secrets (Enforcement, etc.) Regulations 2018 and equivalent laws. We take reasonable measures to keep them secret, including server-side prompt assembly so prompts are not exposed to client-side code or network responses, access controls limiting them to minimum-necessary personnel, and contractual confidentiality obligations on everyone with access.

15.2 A breach or threatened breach of clause 9.1 or this clause may cause us irreparable harm for which damages are an inadequate remedy, and we may seek injunctive or other equitable relief in addition to any other remedy.

15.3 Each party will keep the other's confidential information confidential and use it only for the purposes of this agreement.

16. Warranties and disclaimers

16.1 We warrant that we will provide the Services with reasonable skill and care.

16.2 — AS IS / AS AVAILABLE. OTHERWISE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT.

16.3 We do not warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that any particular business result will follow from using them.

17. Suspension, archiving and termination

17.1 — By you. You may cancel your subscription at any time from your billing settings, effective at the end of the current billing period (clause 6.3).

17.2 — By us. We may suspend or terminate your access if you materially breach these Terms, if you breach clause 9, if payment remains unpaid after the process in clause 6.7, or if we are required to by law. Except where the breach is serious or ongoing, we will give you notice and a reasonable chance to put it right.

17.3 — Archived assistants. If you archive an assistant, it stops working immediately and can be reinstated for 14 days. After that it and its associated data are permanently deleted and cannot be recovered. The exact deletion date is shown when you archive.

17.4 — Deleting your account. You may ask us to delete your account at any time. There is a 24-hour cooling-off window, during which a cancel link emailed to you will stop the deletion, in case the request was not made by you. After that, your workspace records and stored files are erased, completing within 30 days as UK GDPR requires. Records we must keep — billing history, consent records and an anonymised record that the erasure happened — survive deletion. Export anything you want to keep first.

17.5 — Effect of termination. On termination your right to use the Services ends. Clauses that by their nature should survive — including 11 (ownership), 15 (confidentiality), 18 (liability), 19 (indemnity) and 21 (general) — continue in force.

18. Limitation of liability

18.1 — Primary cap. To the maximum extent permitted by applicable law, our total aggregate liability to you for all claims arising out of or relating to these Terms or the Services (including in negligence) shall not exceed the total fees paid by you to Be More Swan in the twelve (12) months immediately preceding the event giving rise to the claim.

18.2 — Data-protection cap. Notwithstanding clause 18.1, for claims arising solely from a personal data breach caused by our failure to meet our obligations under the Data Processing Agreement, our aggregate liability shall not exceed two times (2×) the fees paid by you in the twelve months preceding the breach.

18.3 — Excluded losses. Neither party is liable to the other for: (a) loss of profits; (b) loss of revenue; (c) loss of contracts or business opportunities; (d) loss of anticipated savings; (e) loss of goodwill or reputation; (f) loss of, corruption of or damage to data; or (g) any indirect, special or consequential loss — whether in contract, tort (including negligence), breach of statutory duty or otherwise, and whether or not the party was advised such losses were possible.

18.4 — Agentic actions. Be More Swan is a software tool that acts at your direction. You are responsible for the content you instruct an assistant to produce and for reviewing proposed actions. We are not liable for loss arising from an outbound action taken by an assistant acting within an authorisation you granted or a publishing mode you enabled, except to the extent the loss is caused by our own negligence or wilful misconduct.

18.5 — Mandatory carve-outs. Nothing in these Terms limits or excludes either party's liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that cannot lawfully be limited or excluded.

These caps have been set having regard to the availability of professional indemnity and cyber liability insurance. We recommend you carry adequate insurance for your own business risks.

19. Indemnity

You agree to indemnify, defend and hold harmless Be More Swan and its officers, directors, employees and agents from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or connected with: (a) content you instruct an assistant to generate, publish or send; (b) your connection of third-party accounts you do not have the right to access; (c) your breach of these Terms or of any applicable law or regulation, including marketing and data protection law; or (d) any claim that your use of the Services infringes a third party's intellectual property or other rights.

20. Changes to these Terms

20.1 We may update these Terms as the Services and the law develop. The version number and date at the top of this page always identify the current version.

20.2 For material changes we will give you notice — by email, in-app, or both — and where a change materially affects your rights or obligations we will ask you to accept the new version before you continue using the Services. Minor changes take effect when published.

20.3 If you do not accept a material change, your remedy is to stop using the Services and cancel your subscription.

21. General

21.1 — Governing law. These Terms and any dispute arising out of them or their subject matter are governed by the law of England and Wales.

21.2 — Jurisdiction. The courts of England and Wales have exclusive jurisdiction over any dispute arising out of or in connection with these Terms.

21.3 — Force majeure. Neither party is liable for a failure or delay caused by events beyond its reasonable control, including outages at infrastructure or model providers, internet failures, industrial action, or acts of government.

21.4 — Assignment. You may not assign or transfer these Terms without our written consent. We may assign them to an affiliate or to an acquirer of our business, on notice to you.

21.5 — Severability. If any provision is found unenforceable, it is modified to the minimum extent necessary or severed, and the rest remains in force.

21.6 — Waiver. A failure to enforce a provision is not a waiver of it.

21.7 — Notices. We give notice by email to the address on your account or by an in-app message. You give notice to hello@bemoreswan.com.

21.8 — Third-party rights. No one other than you and Be More Swan has any right to enforce these Terms under the Contracts (Rights of Third Parties) Act 1999.

21.9 — Entire agreement. These Terms, the Privacy Policy and the DPA are the entire agreement between us and supersede any prior discussions, save that nothing limits liability for fraudulent misrepresentation.

22. Contact

General and contractual: hello@bemoreswan.com
Billing and refunds: billing@bemoreswan.com
Privacy and data protection: privacy@bemoreswan.com