Creator Agreement (draft)
Last updated Oct 15, 2026. This is a plain-English draft written by Swarmnest. It has not yet been reviewed by a lawyer and it is not legal advice. Questions: [email protected].
Status: draft. The Swarmnest marketplace is not yet open to outside creators. This page shows the terms we expect to use, so creators know what to expect. Before anyone sells, we will publish a final version (including fees), and each creator will need to accept it. Until then, nothing here creates an agreement.
1. Who can sell
- You must be at least 18, able to form a binding contract, and able to pass identity and payout verification with our payment provider (we expect to use Stripe Connect).
- You may sell as an individual or a business. You must give accurate information and keep it up to date.
- We may approve or decline creator applications and individual products at our discretion.
2. What you can sell
Digital products for people who build with AI: prompt packs, workflows, agent skills, templates, starter kits and similar downloads. You may not sell products that break our Acceptable Use Policy, the rules of our payment provider or card networks, or the law, including products that contain malware or hidden data collection, embed credentials or API keys, are designed to break other services' terms, or copy other people's work without permission.
3. Your rights and promises
You keep ownership of your products. You promise that:
- you created the product or have all rights needed to sell it under the license you offer, including for any third-party, open-source or AI-generated parts, and you have followed the licenses of any components you include;
- the product works as described, and your description, screenshots, compatibility notes, price and claims are accurate and not misleading, including any claims about results or earnings;
- you will disclose clearly in the description if significant parts were generated by AI, and which third-party tools, models or paid services the product needs;
- the product does not contain personal data about others unless you have a lawful basis and give any notices the law requires; and
- you will follow applicable law, including consumer protection, tax, privacy and FTC endorsement rules, in how you market your product.
4. License you give Swarmnest
You give Swarmnest a non-exclusive, worldwide, royalty-free license, for as long as your product is listed (and afterwards for buyers' re-downloads and our records), to host, copy, display, deliver and sell your product to buyers, to use your name, logo and product materials to list and promote it, and to make limited changes needed for display or delivery (such as resizing images or packaging files). We will not otherwise change your product without your permission.
5. License to buyers
Unless you choose another license we approve, your products are sold under our standard Product License, granted by you to the buyer. Your product page will show you as the creator.
6. Pricing, fees and payouts
- You set your price, within limits we may set (for example, minimum prices).
- Swarmnest will keep a commission on each sale, and payment processing fees may also apply. The final rates will be published before the marketplace opens to creators and will apply only after you accept them. We will give you notice before any change in fees.
- Payouts will be made through our payment provider to your verified account on a published schedule. We may hold payouts while investigating fraud, a high rate of refunds or chargebacks, or a breach of this agreement, and we will tell you when we do, where we lawfully can.
7. Refunds and chargebacks
Our Refund Policy is the minimum standard for your products. We handle buyer requests first and may issue refunds under that policy. Refunded amounts and chargebacks, with related fees, are deducted from your earnings or future payouts. Please respond to our support requests within 3 business days.
8. Taxes
You are responsible for your own income taxes. Our payment provider may collect tax information from you and issue tax forms (such as Form 1099-K in the US) where required. Where Swarmnest is required to collect sales tax, VAT or GST on your sales as a marketplace facilitator or seller of record, we will do so and the tax is not part of your earnings. See Sales Tax Notes.
9. Content review and takedowns
We may review, delist or remove products, and pause sales, if we believe they break this agreement, our policies or the law, or after a valid copyright notice. We follow the DMCA process on our Takedown page, including counter-notices, and end the seller access of repeat infringers in appropriate circumstances.
10. Buyer data
We may share buyers' names, emails and order details with you to support your product and meet legal duties. You may use them only for that purpose and must follow our Privacy Policy and applicable privacy and anti-spam law. You may not add buyers to marketing lists without their consent.
11. Indemnity and liability
You will cover Swarmnest's reasonable losses and costs (including reasonable legal fees) from claims that your product or its marketing infringes someone's rights, breaks the law, or breaks your promises in section 3. The disclaimers and liability limits in our Terms of Use apply to Swarmnest's obligations to you; for creators, our total liability is limited to the fees we kept from your sales in the 12 months before the claim.
12. Ending the agreement
You may stop selling at any time by delisting your products. We may end this agreement or suspend your account for a breach, legal risk, or if we close the marketplace, with notice where reasonable. Buyers who have already bought your product keep their licenses and download access. We will pay earnings you are owed, minus refunds, chargebacks and amounts owed to us.
13. Other terms
Our Terms of Use, including governing law (California) and changes, apply to creators too. We will give creators at least 30 days' notice of material changes to this agreement, except where a faster change is legally required.
Interested?
Email [email protected] with the subject "Creator interest" and a link to your work.
Related policies
Terms of Use · Privacy Policy · Cookie Notice · Do Not Sell or Share · Acceptable Use Policy · Product License · Refund Policy · Sales Tax Notes · Sponsored & Affiliate Disclosure · API Terms · Takedown & Corrections · DMCA Designated Agent · Accessibility Statement