Swarmers Terms of Use

Effective date: September 1, 2026 Last updated: September 4, 2026

These Terms of Use ("Terms") are a binding agreement between you and Marbir Digital, LLC ("Marbir Digital," "Swarmers," "we," "us," or "our"), the company that operates the Swarmers mobile game, the website at swarmers.app, the Swarmers API, and related services (collectively, the "Services").

These Terms are also the end user license agreement (the "EULA") for the Swarmers game between you and Marbir Digital. Section 4 grants the license to use it, and Section 17 sets out the additional terms that apply when you obtain the game through an app store. When you download Swarmers from the Apple App Store, Apple's standard Licensed Application End User License Agreement also applies as required by Apple; we do not replace it with a custom App Store Connect license text. These Terms remain the agreement between you and Marbir Digital for the Services.

PLEASE READ THESE TERMS CAREFULLY. They include a warranty disclaimer and limitation of liability (Sections 13–14) and an arbitration agreement and class action waiver (Section 16) that affect your legal rights. You may opt out of arbitration as described in Section 16.7.

By downloading, accessing, or playing Swarmers, or by using any other part of the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.

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1. What Swarmers Is

Swarmers is an arcade-style mobile game in which you play a Binder defending dimensional Streams against parasitic Swarmers. It is a single-player game with an optional global leaderboard hosted at swarmers.app. Swarmers is entertainment software. It is not a gambling service, a contest or sweepstakes, or a platform for exchanging anything of real-world value.

2. Eligibility

You must be at least 13 years old to use the Services. If you are between 13 and the age of majority where you live, you may use the Services only with the involvement of a parent or legal guardian, who must agree to these Terms on your behalf and who is responsible for any purchases you make. The Services are not directed to, and may not be used by, anyone under 13. There is no separate in-game age confirmation gate; by using the Services you represent that you meet these eligibility requirements.

You may not use the Services if you are barred from doing so under applicable law, or if we previously terminated your access for violating these Terms.

3. Your Player Profile

• No account, no sign-in. Swarmers does not require you to create an account or provide any personal information to play. Your device generates a key pair the first time you launch the game, and the private key never leaves it. The first time the game needs to reach our servers (claiming a handle, posting a score, sending feedback, or uploading gameplay analytics if you turned those on), it registers an anonymous player profile bound to that key. If you never use an online feature, no profile is ever registered.
• Your device holds your identity. Because your profile is bound to your device's key, you are responsible for that device. If you delete the game, wipe the device, or lose it, you may lose access to your profile and its leaderboard standing. Until profile linking or recovery is offered, we cannot restore a profile or transfer it to another device, and each install may own a separate profile.
• Handle. You choose the handle shown publicly on the leaderboard when you enable Global Board. You are responsible for what you choose, and Section 6 sets out the rules that apply to it. The game does not currently offer an in-game rename after you claim a handle; to use a different one, delete your profile (Settings → DELETE DATA) and claim a new handle.
• One profile per player on the leaderboard. Do not create multiple profiles to occupy multiple leaderboard positions or to evade a removal or ban.
• Profile deletion. You may permanently delete your profile and its associated data at any time from inside the game (Settings → DELETE DATA), as described in the Privacy Policy. Turning off Global Board only stops score posting. Deletion removes your leaderboard entries and cannot be undone.

4. License to Use the Services

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to install and play Swarmers on a device you own or control, for your personal, non-commercial entertainment. We and our licensors retain all rights, title, and interest in the Services, including all software, artwork, characters, designs, music, sound, logos, and content we provide.

You may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, or create derivative works of any part of the Services except to the extent applicable law expressly permits it despite this limitation. You may not access the Services by automated means (scraping, bots, or bulk requests) except through interfaces we expressly provide, and you may not use the Swarmers API other than as the game uses it or as we document.

Streaming and video. You may record and stream your own gameplay, including monetized videos on platforms such as YouTube and Twitch, provided you do not present the video as an official Swarmers product, do not use our logos or branding in a way that implies endorsement, and do not distribute the game itself, its assets, or a means of circumventing purchases.

5. Your Content

"Your Content" means content you submit through the Services: currently your handle, your submitted runs, and any feedback or support messages you send us. If community or social features launch later, Your Content will also include what you post through them.

• You own Your Content. These Terms do not transfer ownership of anything you submit.
• License to us. So that we can operate and improve the Services, you grant us a non-exclusive, worldwide, royalty-free, sublicensable (to our service providers) license to host, store, reproduce, process, adapt, display, and transmit Your Content for the purposes of operating, securing, improving, and promoting the Services, including displaying your handle and scores publicly on the leaderboard, and analyzing gameplay data in aggregate to balance and improve the game. This license ends when you delete Your Content or your profile, except (a) for residual copies in routine backups, which are purged on a rolling basis, (b) as needed to comply with law, and (c) for improvements to the Services already made while the license was in effect.
• Feedback. If you send us suggestions or feedback, we may use it without restriction or compensation.

6. Rules of Play and Acceptable Use

When using the Services, you agree not to:

• Cheat or manipulate scores. Do not modify the game, use memory editors, emulator speed controls, macros, bots, automated input, or modified clients; do not forge, replay, or tamper with run submissions; do not exploit bugs to post scores you did not earn; and do not sell, buy, or trade profiles or leaderboard positions.
• Choose an abusive handle. Handles may not include slurs or hate speech, sexual or graphically violent content, harassment or threats directed at a person, impersonation of another player, us, or a real person or organization, or another person's personal information. Do not use a handle that is unlawful or that infringes someone else's rights.
• Attack or abuse the Services. No unauthorized access attempts, credential or key extraction, denial-of-service, rate-limit evasion, scraping, or probing of the Swarmers API beyond documented use.
• Break the law. Do not use the Services for any unlawful purpose or in violation of applicable export control or sanctions laws.
• Circumvent purchases or protections. Do not use unauthorized third-party stores, patched binaries, or tools intended to unlock paid content without paying for it.

We may remove content that violates these rules, rename or clear an offending handle, remove or reset leaderboard entries, and suspend or terminate access, as described in Section 12.

7. Fair Play, Leaderboards, and Anti-Cheat

The global leaderboard exists so scores can be trusted. Every submitted run is validated server-side, and we may reject, remove, or recalculate any run or leaderboard entry we determine (using automated checks, statistical analysis, or manual review) to be invalid, cheated, duplicated, or otherwise inconsistent with legitimate play. Optional purchases (run charges used to start or retry a sector, and banked Bindwave charges loaded into a run) do not disqualify a score from ranking. Runs with no sector retries and no banked Bindwaves at start may be designated as clean on the board; that designation is informational and does not create a separate ranking. We may reset the leaderboard, split it by game version, or change how ranking works at any time, including to correct a bug or a balance change that made prior scores incomparable. Leaderboard placement carries no monetary or other real-world value, and we make no guarantee that your placement will persist.

8. Third-Party Services and Advertising

The Services depend on third parties, including Apple (App Store distribution, in-app purchases, and platform services), our hosting and database provider, Google when an Android build is available, and, if and when introduced, advertising partners. We do not control third-party services and are not responsible for their availability, accuracy, or conduct. Your use of features that depend on third parties is also subject to their applicable terms.

If ad-supported features are introduced, they will be described at the time and governed by our Privacy Policy, including any consent required on your device (such as Apple's App Tracking Transparency prompt). Rewarded ads, where offered, are optional: watching one is always your choice, and declining will never end a run or take away something you earned. We do not endorse advertised products or services and are not responsible for advertisers' content or conduct.

9. Purchases and Virtual Items

Swarmers is free to download and play. Optional consumable packs may be offered in the app:

• Run packs: 5 runs for $0.99, or 15 runs for $1.99
• Bindwave packs: 5 bindwave charges for $0.99, or 15 bindwave charges for $1.99

Run charges let you start or retry a sector. Bindwave charges are banked across runs and used when you fire Bindwave in a run. Pricing and what is included will be displayed before purchase. We may offer cosmetic items or an option to remove ads in the future.

9.1 In-app purchases

• Purchases in the iOS app are processed by Apple and charged to your Apple Account at confirmation of purchase. When an Android build is available, purchases in that app are processed by Google Play and charged to your Google Play payment method.
• Refunds are handled by the platform. Refunds for App Store and Google Play purchases are governed by Apple's and Google's policies; we cannot issue platform refunds directly. Contact us at [email protected] if something went wrong with a purchase and we will help where we can.
• If we offer an auto-renewing subscription in the future, its renewal terms, price, and cancellation instructions will be presented before purchase, and it will be managed and cancelled through your Apple Account or (when available) Google Play subscriptions settings. Deleting the game does not cancel a subscription.
• You are responsible for purchases made on your device, including by a minor with access to it. App platforms provide parental controls and purchase authentication; we encourage parents to use them.

9.2 Virtual items

Run charges, bindwave charges, cosmetic items, unlocks, and any in-game currency are licensed to you for use within the Services; you do not own them. They have no monetary value, are not your property, cannot be redeemed for money or transferred outside the Services, and may not be sold, traded, or exchanged for anything of real-world value. We may add, change, rebalance, or retire virtual items, and we may modify or discontinue the Services as described in Section 12. If your access is terminated for violating these Terms, or if the Services are discontinued, virtual items are forfeited without refund except where applicable law requires otherwise.

No gambling or loot boxes. Swarmers does not sell randomized item packs. If we ever introduce randomized content, we will disclose the odds and comply with applicable platform rules and law.

9.3 Chargebacks and billing disputes

Contact us at [email protected], or the platform that processed your purchase, to resolve any billing error, discrepancy, or refund request before initiating a chargeback through your bank or card issuer. In the event of an unjustified chargeback, we may terminate your access to purchased content. This section does not limit any rights you have under applicable law or under Apple's or Google's policies.

10. Future Features

We may introduce additional features: social or community features, crews, tournaments, events, cross-device profile linking, or merchandise. If we do, additional terms may apply and will be presented before you use those features. Nothing in these Terms obligates us to launch any planned feature.

11. Health and Safety

Play in a safe place. Swarmers uses touch and gesture controls; do not play while walking, driving, or in any situation where distraction or movement could cause injury, and make sure you have room around you and a secure grip on your device. Take a break of at least 10–15 minutes every hour.

A small percentage of people may experience seizures when exposed to flashing lights or patterns, including in video games. If you or anyone in your family has a history of seizures or epilepsy, consult a doctor before playing. Stop playing immediately and consult a doctor if you experience dizziness, altered vision, eye or muscle twitching, disorientation, involuntary movement, or convulsions. Stop playing if you feel motion discomfort, fatigue, or pain in your hands, wrists, or eyes.

12. Termination, Suspension, and Changes to the Services

You may stop using the Services and delete your profile at any time. We may suspend or terminate your access (with or without notice, depending on severity) if you violate these Terms, if required by law, or if we discontinue the Services. We may also modify, suspend, or discontinue any part of the Services, including the leaderboard and any online feature, at any time. Where practicable, we will give reasonable notice before discontinuing an online feature. Sections 5, 7, 9.2, and 11–17 survive termination.

13. Warranty Disclaimer

THE SERVICES AND ALL CONTENT AND DATA PROVIDED THROUGH THEM, INCLUDING LEADERBOARD RANKINGS AND SCORES, ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT PROGRESS, SCORES, OR VIRTUAL ITEMS WILL BE PRESERVED. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, LOST PROGRESS OR VIRTUAL ITEMS, OR LOSS OF GOODWILL, ARISING FROM OR RELATED TO THE SERVICES; AND (B) OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU PAID US OR THROUGH AN APP STORE FOR SWARMERS CONTENT IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE AND (ii) FIFTY U.S. DOLLARS ($50).

THESE LIMITS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED BY LAW, INCLUDING LIABILITY FOR OUR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD.

15. Indemnification

You will indemnify and hold harmless Marbir Digital, LLC and its officers, members, employees, and agents from claims, damages, and expenses (including reasonable attorneys' fees) arising from Your Content, your violation of these Terms, or your violation of any law or third-party right, except to the extent caused by our own conduct.

16. Dispute Resolution; Arbitration; Class Action Waiver

Please read this section carefully. It affects your rights.

16.1 Informal resolution first

Before filing any claim, you and we agree to try to resolve the dispute informally. Send a written notice describing the dispute and the relief sought to [email protected]. Both parties agree to negotiate in good faith for 60 days from receipt of notice. Claims may not be filed until this period ends.

16.2 Binding arbitration

Except as provided in Section 16.5, any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (including, where applicable, its Mass Arbitration Supplementary Rules). The Federal Arbitration Act governs this section. The arbitration will be conducted by a single arbitrator, in English, by videoconference or, if an in-person hearing is required, in the county where you live or another mutually agreed location. We will pay AAA filing, administration, and arbitrator fees for claims seeking less than $10,000 unless the arbitrator finds the claim frivolous.

16.3 Class action and jury trial waiver

You and we each waive the right to a jury trial and the right to participate in a class, collective, consolidated, or representative action. The arbitrator may award relief only to the individual party seeking it. If this waiver is found unenforceable as to a particular claim, that claim (and only that claim) must proceed in court, and the rest of this section remains in effect.

16.4 Mass filings

If 25 or more similar demands are filed by or with the assistance of coordinated counsel, the parties agree to AAA's batching or bellwether procedures, and the informal-resolution requirement of Section 16.1 applies individually to each claimant.

16.5 Exceptions

Either party may (a) bring an individual claim in small claims court, or (b) seek injunctive relief in court for infringement or misuse of intellectual property or for unauthorized access to the Services. In addition, as provided by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (9 U.S.C. §§ 401–402), nothing in this Section requires arbitration of a sexual assault or sexual harassment dispute; you may elect to bring such claims in court, and the class action waiver does not apply to them to the extent prohibited by that law.

16.6 Governing law and venue

These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-laws rules. For disputes not subject to arbitration, you and we consent to the exclusive jurisdiction of the state and federal courts located in Sheridan County, Wyoming.

16.7 Your right to opt out

You may opt out of the arbitration agreement and class action waiver by emailing [email protected] with the subject line "Arbitration Opt-Out" (including your leaderboard handle and the approximate date you first played) within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms.

17. General

• Changes to these Terms. We may update these Terms. For material changes, we will give notice (in the game or on swarmers.app) at least 14 days before they take effect. Continued use after the effective date constitutes acceptance. If you do not agree, stop using the Services and delete your profile.
• Copyright complaints (DMCA). If you believe content on the Services infringes your copyright, send a notice complying with 17 U.S.C. § 512(c)(3) to our designated agent: Marbir Digital, LLC, Attn: Copyright Agent, 30 N Gould St Ste N, Sheridan, WY 82801, [email protected]. Include identification of the work and the allegedly infringing material, your contact information, a good-faith statement, a statement of accuracy under penalty of perjury, and your physical or electronic signature. We respond to valid notices, may remove identified material, and terminate repeat infringers. Counter-notices may be sent to the same address and must comply with 17 U.S.C. § 512(g)(3).
• Third-party trademarks. Product and company names other than ours are the property of their respective owners. Swarmers is not affiliated with, endorsed by, or sponsored by Apple, Google, or any other third party named in these Terms.
• Apple and Google app store terms. These Terms are between you and Marbir Digital, LLC, not Apple or Google. Apple and Google have no obligation to provide support or maintenance for the game and are not responsible for claims relating to it, including product liability, legal compliance, and intellectual property claims; those are our responsibility as set out in these Terms. Apple (and its subsidiaries) is a third-party beneficiary of these Terms with the right to enforce them against you. When an Android build is distributed through Google Play, Google and its subsidiaries are likewise third-party beneficiaries to the extent required by Google Play policy. You represent that you are not located in an embargoed country and are not on any U.S. government prohibited-party list.
• Export. You will comply with applicable export control and sanctions laws.
• Pre-release builds. Beta, TestFlight, and other pre-release builds are provided for testing, may be unstable, and may lose progress, scores, or purchases. Do not publicly share pre-release content we identify as confidential.
• Entire agreement; severability; waiver; assignment. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Services. If a provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets, with notice to you.

18. Contact

Marbir Digital, LLC 30 N Gould St Ste N Sheridan, WY 82801 United States

Email: [email protected] Privacy inquiries: [email protected]