Terms of Service
Last updated: April 22, 2026
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING SWARMSELLER, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE PLATFORM.
1. Acceptance of Terms
By accessing or using SwarmSeller ("the Platform"), operated by SwarmSeller LLC ("SwarmSeller", "we", "our", or "us"), you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and all applicable laws and regulations. These Terms apply to all visitors, users, creators, and purchasers. If you are using the Platform on behalf of an organization, you represent that you have authority to bind that organization to these Terms. These Terms constitute a legally binding agreement between you and SwarmSeller LLC, a Florida limited liability company.
2. Eligibility
You must be at least 18 years of age to use the Platform. By using the Platform, you represent and warrant that you are at least 18 years old, have the legal capacity to enter into a binding agreement, and are not prohibited from using the Platform under applicable law. We reserve the right to terminate accounts of users who misrepresent their age or eligibility.
3. Description of Service
SwarmSeller is a marketplace platform that allows users to build, publish, and purchase multi-agent AI workflows ("swarms"), and to subscribe to membership tiers that unlock building, publishing, and usage capabilities. We provide infrastructure, a visual canvas builder, AI model routing across third-party providers, and marketplace services. We do not guarantee specific outcomes, accuracy, or fitness for purpose of any AI-generated output. The Platform is provided for informational and productivity purposes only.
4. Account Registration and Security
You must create an account to access most Platform features. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must provide accurate, current, and complete information during registration and keep your information updated. You agree to notify us immediately at swarmsellerofficial@gmail.com of any unauthorized use of your account. SwarmSeller will not be liable for any loss or damage arising from your failure to maintain account security. We reserve the right to terminate accounts at our sole discretion.
5. Subscriptions, Payments, and Refunds
SwarmSeller offers free and paid subscription tiers. Paid subscriptions are billed monthly in advance through Stripe. All fees are non-refundable except as expressly stated herein or required by applicable law. You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. We do not offer refunds for partial months or unused runs. Run bundles and single-run ("Try It Once") purchases are non-refundable one-time purchases. Purchased runs do not expire but are non-transferable and have no cash value. Founding Creator memberships are non-refundable as they grant immediate access to platform benefits that continue as long as the account remains in good standing. We reserve the right to change pricing at any time. We will provide at least 30 days notice before changing subscription prices for existing subscribers.
6. AI-Generated Content Disclaimer
THE PLATFORM INCORPORATES THIRD-PARTY AI MODELS INCLUDING BUT NOT LIMITED TO ANTHROPIC CLAUDE, OPENAI GPT-4O, GOOGLE GEMINI, XAI GROK, AND PERPLEXITY. AI-GENERATED OUTPUTS MAY BE INCOMPLETE, INACCURATE, OUTDATED, BIASED, OR INAPPROPRIATE. SWARMSELLER MAKES NO WARRANTY REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR FITNESS FOR ANY PURPOSE OF AI-GENERATED CONTENT. NOTHING GENERATED BY ANY SWARM ON THE PLATFORM CONSTITUTES LEGAL, FINANCIAL, MEDICAL, PSYCHOLOGICAL, OR PROFESSIONAL ADVICE OF ANY KIND. YOU ASSUME FULL RESPONSIBILITY FOR VERIFYING, REVIEWING, AND ACTING ON ANY AI-GENERATED CONTENT. SWARMSELLER IS NOT LIABLE FOR ANY DECISIONS MADE OR ACTIONS TAKEN BASED ON AI-GENERATED OUTPUTS.
7. Prohibited Uses
You agree not to use the Platform to: — Generate, distribute, or facilitate spam, disinformation, propaganda, or misleading content — Create content designed to harass, threaten, defame, or harm any individual or group — Infringe on the intellectual property rights, privacy rights, or other rights of any third party — Generate content that is illegal, obscene, defamatory, or promotes illegal activity — Attempt to gain unauthorized access to any portion of the Platform or other users' accounts — Use automated scripts, bots, or tools to abuse the run system or circumvent usage limits — Reverse engineer, decompile, or attempt to extract the source code of the Platform — Use the Platform for any purpose that violates applicable local, state, national, or international law — Circumvent, disable, or interfere with security features of the Platform — Collect or harvest any personally identifiable information from the Platform — Impersonate any person or entity or misrepresent your affiliation with any person or entity Violation of these prohibitions may result in immediate account termination and forfeiture of any earnings or credits.
8. Creator Terms
By publishing a swarm to the marketplace, you represent and warrant that you have all necessary rights to publish it, that it does not violate any third-party rights or applicable laws, and that all information in your listing is accurate. Public creators receive sixty-five percent (65%) of net revenue generated by their published swarms. Founding Creators receive seventy-five percent (75%) of net revenue for as long as their Founding Creator account remains in good standing. "Net revenue" means the gross purchase price paid by the buyer minus Stripe payment processing fees. SwarmSeller retains the remainder as a platform fee. SwarmSeller enforces minimum bundle prices at publish time based on the technical complexity of the swarm (number of agent nodes). Creators may price above these minimums but not below. Payouts are processed monthly via Stripe on or around the 15th of each month for the prior month's earnings, subject to a $25 minimum threshold. Earnings below this threshold roll over to the next payout cycle. Creators are independent contractors, not employees of SwarmSeller. You are solely responsible for all taxes applicable to your earnings. Creators who earn $600 or more in a calendar year will receive an IRS Form 1099-NEC or 1099-K as required by law. SwarmSeller reserves the right to withhold, suspend, or forfeit earnings if we suspect fraud, manipulation of run counts or reviews, or violation of these Terms. We reserve the right to remove any published swarm at any time without notice.
9. Intellectual Property
The SwarmSeller Platform, including its design, code, trademarks, logos, and content created by SwarmSeller, is owned by SwarmSeller LLC and protected by applicable intellectual property laws. You may not use our trademarks or branding without prior written consent. You retain ownership of your swarm configurations, system prompts, and any content you create using the Platform. By publishing a swarm, you grant SwarmSeller a non-exclusive, worldwide, royalty-free license to display, promote, and distribute your swarm listing on the Platform. You retain full ownership of all outputs generated by running swarms. You may use AI-generated outputs for personal or commercial purposes subject to the terms of the underlying AI model providers.
10. DMCA and Copyright Policy
SwarmSeller respects intellectual property rights and complies with the Digital Millennium Copyright Act ("DMCA"). If you believe content on the Platform infringes your copyright, please send a written notice to swarmsellerofficial@gmail.com including: identification of the copyrighted work, identification of the infringing material and its location on the Platform, your contact information, a statement of good faith belief that the use is not authorized, and a statement under penalty of perjury that the information is accurate and you are authorized to act. We will respond to valid DMCA notices by removing or disabling access to the allegedly infringing content. Repeat infringers will have their accounts terminated. SwarmSeller qualifies as a service provider under the DMCA and is not liable for infringing content posted by users, provided we respond promptly to valid takedown notices.
11. Disclaimer of Warranties
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SWARMSELLER DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SWARMSELLER DOES NOT WARRANT THAT ANY DEFECTS WILL BE CORRECTED OR THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE PLATFORM IS SOLELY AT YOUR OWN RISK.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SWARMSELLER LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO SWARMSELLER IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
13. Indemnification
You agree to indemnify, defend, and hold harmless SwarmSeller LLC, its officers, directors, members, employees, contractors, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys fees) arising out of or relating to: (a) your use of or inability to use the Platform; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property rights or privacy rights; (d) any content you submit, post, or publish on the Platform; (e) your violation of any applicable law or regulation; or (f) any misrepresentation made by you. SwarmSeller reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate with our defense of such claims.
14. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. MANDATORY ARBITRATION: Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform that cannot be resolved informally shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, except as modified herein. The arbitration shall be conducted in Hillsborough County, Florida, or via videoconference. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. CLASS ACTION WAIVER: YOU AND SWARMSELLER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any class or representative proceeding. JURY TRIAL WAIVER: BY AGREEING TO ARBITRATION, YOU WAIVE YOUR RIGHT TO A JURY TRIAL. EXCEPTION: Either party may seek emergency injunctive relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration. You may opt out of arbitration within 30 days of first accepting these Terms by emailing swarmsellerofficial@gmail.com with the subject line "Arbitration Opt-Out."
15. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions. For any disputes not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Hillsborough County, Florida. You waive any objection to the laying of venue in such courts.
16. Termination
SwarmSeller reserves the right to suspend or terminate your account and access to the Platform at any time, for any reason, with or without notice, including but not limited to violation of these Terms. Upon termination, your right to use the Platform ceases immediately. Sections that by their nature should survive termination will survive, including Sections 6, 9, 11, 12, 13, 14, and 15. You may terminate your account at any time by contacting us at swarmsellerofficial@gmail.com. Termination does not entitle you to any refund.
17. Modifications to Platform and Terms
We reserve the right to modify, suspend, or discontinue the Platform or any part thereof at any time without liability to you. We will provide reasonable notice of material changes to these Terms via email or prominent notice on the Platform. Your continued use of the Platform after the effective date of updated Terms constitutes acceptance.
18. Severability and Waiver
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary and the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
19. Entire Agreement
These Terms, together with our Privacy Policy and Creator Agreement (if applicable), constitute the entire agreement between you and SwarmSeller LLC regarding your use of the Platform and supersede all prior agreements, representations, and understandings.
20. Contact
For questions about these Terms of Service, please contact SwarmSeller LLC at swarmsellerofficial@gmail.com. We will respond within 5 business days.