Creator Agreement
Last updated: April 22, 2026
This Creator Agreement ("Agreement") is a legally binding contract between you ("Creator") and SwarmSeller LLC ("SwarmSeller"). By publishing a swarm to the marketplace, you agree to be bound by this Agreement in addition to our Terms of Service and Privacy Policy. If you do not agree, do not publish swarms.
1. Creator Status and Eligibility
To publish swarms on SwarmSeller you must: (a) have an active SwarmSeller account in good standing; (b) be at least 18 years of age; (c) have a valid Stripe account capable of receiving payouts; (d) be legally authorized to enter into this Agreement in your jurisdiction; and (e) agree to this Agreement and our Terms of Service. You represent and warrant that all information you provide in connection with your Creator account is accurate, current, and complete, and that you will maintain its accuracy throughout the term of this Agreement.
2. Independent Contractor Status
You are an independent contractor of SwarmSeller. Nothing in this Agreement shall be construed to create an employment, partnership, joint venture, franchise, or agency relationship between you and SwarmSeller. You have no authority to bind SwarmSeller to any obligation. As an independent contractor, you are solely responsible for: (a) all federal, state, and local taxes on your earnings, including self-employment taxes; (b) your own insurance, including liability insurance if appropriate; (c) compliance with all laws applicable to your activities as a Creator. SwarmSeller will not withhold taxes from your earnings. SwarmSeller will issue a Form 1099-K if required by applicable law.
3. Revenue Share and Platform Fees
PUBLIC CREATORS: You will receive sixty-five percent (65%) of net revenue generated by your published swarms. SwarmSeller retains thirty-five percent (35%) as a platform fee. FOUNDING CREATORS: Users who purchase the Founding Creator membership ("Founding Creators") receive seventy-five percent (75%) of net revenue for as long as their Founding Creator account remains in good standing. SwarmSeller retains twenty-five percent (25%) as a platform fee. SwarmSeller may modify the Founding Creator rate only with at least one hundred eighty (180) days written notice and only in cases of extraordinary circumstances (as defined below). "Extraordinary circumstances" means (a) a material adverse change in SwarmSeller's cost structure due to third-party AI provider pricing changes exceeding 50%, (b) a change required by applicable law or regulation, or (c) a corporate transaction such as acquisition, merger, or sale of substantially all assets. "Net revenue" means the gross purchase price paid by the buyer minus Stripe payment processing fees (typically 2.9% + $0.30 per transaction). Stripe fees are a direct pass-through cost and are deducted from gross revenue before the revenue share is applied. SwarmSeller reserves the right to modify the Public Creator revenue share percentage for new and existing public creators with at least sixty (60) days written notice. The Founding Creator revenue share rate of 75% will persist as long as the Founding Creator's account remains in good standing, subject only to the extraordinary circumstances provision above.
4. Payouts and Payment Terms
Earnings are calculated monthly and payouts are processed via Stripe on or around the 15th of each calendar month for the prior month's earnings. A minimum payout threshold of $25.00 applies. Earnings below this threshold roll over to the following month and accumulate until the threshold is met. If your account is closed or terminated while you have accumulated earnings above $25.00, we will make a final payout within 60 days of closure, minus any amounts owed to SwarmSeller or withheld pursuant to this Agreement. Earnings below $25.00 at the time of account closure are forfeited. You are responsible for providing and maintaining accurate banking and Stripe account information. SwarmSeller is not liable for failed or delayed payouts resulting from inaccurate account information.
5. Pricing and Minimum Prices
You set your own swarm prices subject to platform minimums. Minimum prices are enforced automatically in the publishing flow and are calculated based on swarm complexity (number of agent nodes) to ensure SwarmSeller can cover AI infrastructure costs while maintaining a viable platform. Minimum prices may be updated by SwarmSeller from time to time as AI provider costs change; any changes will apply prospectively only. The Platform offers four purchase types for marketplace swarms: single-run ("Try It Once"), 5-run bundles, 15-run bundles, and 30-run bundles. Each type has its own per-node minimum price. You may update your pricing at any time through the Edit Listing function. Users who have previously purchased bundles retain their purchased runs indefinitely, regardless of subsequent price changes. You may not attempt to circumvent platform minimum prices through any means, including but not limited to publishing duplicate swarms, misrepresenting node counts, or offering runs outside the Platform. Doing so is grounds for immediate account termination and forfeiture of pending earnings.
6. Content Standards and Prohibited Swarms
All published swarms must comply with our content standards at all times. Swarms must not: — Be designed or used to generate harmful, abusive, threatening, harassing, defamatory, or illegal content — Infringe on the intellectual property, privacy, or other rights of any third party — Misrepresent capabilities, expected outputs, or intended use cases — Be designed to circumvent AI safety measures or content policies of any AI provider — Generate content that violates our Terms of Service or applicable law — Be used to facilitate fraud, phishing, spam, or any deceptive practice — Generate content targeting or harmful to minors SwarmSeller reserves the right to review, audit, modify, or remove any published swarm at any time without notice. We will provide a reason for removal where practicable but are not obligated to do so.
7. Accuracy of Listings and Prohibited Practices
You are solely responsible for the accuracy of your swarm listing including the name, description, category, example prompt, usage instructions, and sample output. Misleading listings that cause user complaints or chargebacks may result in removal, account suspension, or forfeiture of earnings. The following practices are strictly prohibited and constitute material breach of this Agreement: — Publishing fabricated or artificially enhanced sample outputs — Artificially inflating run counts, ratings, or review counts through any means — Soliciting fake reviews or incentivizing reviews in exchange for compensation — Creating multiple accounts to manipulate marketplace rankings — Using bots or automated tools to generate fraudulent activity SwarmSeller reserves the right to audit swarm run counts, reviews, and earnings for fraud detection purposes. Confirmed fraudulent activity will result in immediate account termination and forfeiture of all pending earnings.
8. Intellectual Property Ownership
You retain full ownership of your swarm configurations, system prompts, and all intellectual property you create on the Platform. You represent and warrant that: (a) you own or have the necessary rights to all content you publish; (b) your swarms do not infringe the intellectual property rights of any third party; (c) you have the right to grant the licenses in this Agreement. By publishing a swarm, you grant SwarmSeller a non-exclusive, worldwide, royalty-free license to host, display, promote, market, and distribute your swarm listing on the Platform and in SwarmSeller marketing materials for the duration of your listing. SwarmSeller does not claim ownership of your system prompts, swarm configurations, or any intellectual property you create. Your system prompts are stored securely and are not disclosed to end users, other creators, or any third party except as required by law.
9. Creator Responsibilities
As a Creator you are responsible for: — Thoroughly testing your swarm before publishing to ensure it functions as described — Providing accurate, helpful, and complete usage instructions and example prompts — Monitoring your swarm's performance and responding to user feedback — Maintaining swarm functionality as AI models are updated or deprecated — Complying with the terms of service of all AI providers whose models your swarm uses — Promptly updating your listing if your swarm's capabilities or outputs materially change — Not collecting, storing, or misusing any personal information submitted by users when running your swarms
10. Confidentiality
SwarmSeller will maintain the confidentiality of your system prompts and swarm configurations using commercially reasonable security measures. We will not disclose your system prompts to users, other creators, or third parties except as required by law. You agree to maintain the confidentiality of any non-public information about SwarmSeller that you receive in connection with this Agreement, including but not limited to platform metrics, pricing strategies, and technical information.
11. Indemnification
You agree to indemnify, defend, and hold harmless SwarmSeller LLC, its officers, directors, members, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys fees) arising from: (a) your swarm listings or published content; (b) your violation of this Agreement; (c) your violation of any third-party intellectual property, privacy, or other rights; (d) any claim that your swarm caused harm to a third party; or (e) any misrepresentation you make in connection with your Creator account.
12. Termination
Either party may terminate this Agreement at any time. You may terminate by removing all published swarms and closing your account. SwarmSeller may terminate this Agreement and your Creator account immediately and without notice for: (a) material breach of this Agreement; (b) fraudulent activity; (c) violations of our Terms of Service; (d) content that creates legal liability for SwarmSeller; or (e) any conduct we determine to be harmful to the Platform or its users. Upon termination, your swarms will be removed from the marketplace. Pending earnings above $25.00 will be paid within 60 days unless withheld pursuant to this Agreement. SwarmSeller reserves the right to withhold earnings if termination is due to fraud or material breach while we investigate.
13. Dispute Resolution
Any dispute arising from or relating to this Agreement shall be resolved in accordance with the dispute resolution provisions in our Terms of Service, including mandatory binding arbitration and class action waiver. Appeals regarding account suspension or swarm removal may be submitted to swarmsellerofficial@gmail.com within 30 days of the relevant action. We will review all appeals in good faith and respond within 14 business days.
14. Modifications to This Agreement
SwarmSeller may modify this Agreement at any time with at least 30 days written notice to active creators via email. If you do not agree to the modified terms, you must cease publishing swarms and close your Creator account before the effective date. Your continued publication of swarms after the effective date constitutes acceptance of the modified Agreement. Modifications will not retroactively affect the Founding Creator revenue share rate, which is governed exclusively by Section 3.
15. General Provisions
This Agreement, together with our Terms of Service and Privacy Policy, constitutes the entire agreement between you and SwarmSeller regarding your activities as a Creator and supersedes all prior agreements. If any provision of this Agreement is found invalid or unenforceable, the remaining provisions remain in full force. Our failure to enforce any provision is not a waiver. This Agreement is governed by the laws of the State of Florida. Any disputes not subject to arbitration shall be resolved in the courts of Hillsborough County, Florida.
16. Contact
For questions about this Creator Agreement, please contact SwarmSeller LLC at swarmsellerofficial@gmail.com. We will respond within 5 business days.