In this paper, we investigate the effects of convexity and concavity of states on entanglement of the system under thermal non-equilibrium condition. In this regard, we consider a system consisting of two spin 1/2 particles with Dzyaloshinskii–Moriya (DM) interaction that follows the Tsallis statistics.Also, according to the desired statistics, the effect of environment parameters and the convexity or concavity of the input states on the output behavior of the SWAP gate is obtained.