Creator Agreement
Draft — under legal reviewThis document has not been approved by a lawyer. It may change, and changes will need your acceptance again. Status: DRAFT — pending counsel review.
This agreement is between you and Antonio Kodheli ("Likeness") and applies when you register photos, publish an offer or sell a license through Likeness as a creator. It adds to the Terms of Service and the Privacy Policy; if they conflict on a creator matter, this agreement applies. You accept it before you attest, and again whenever a new version is published.
1. Self-attestation: Likeness does not verify you
In the pilot Likeness does not verify your identity. You attest, and the attestation is a statement you make, not something we have checked. By attesting you confirm, for every photo you protect or offer, that:
- you are at least 18 years old;
- you are the person shown in the photo, no other person appears in it, and no one under 18 is shown;
- you hold all rights needed to register the photo and to license the uses you offer, and you will only offer photos you have the right to license;
- you accept this agreement, including its takedown, refund and indemnity terms;
- you understand that Likeness has not verified your identity, and that buyers are told you are self-attested.
Buyers and the public are told, wherever your offer, quote, license or public page is shown to someone else: "Self-attested by the creator. Likeness has not verified their identity." You agree to that disclosure. You must keep your attestation true and tell us promptly if it stops being true. Giving a false attestation is a material breach.
2. Rights warranty
You represent and warrant that: you own or control the photos you upload and every right you grant; nothing you upload, register or offer infringes or violates any copyright, trademark, privacy, publicity or other right of anyone, or any law; you have any consents needed from other people, places, works or brands appearing in a photo (and a photo may show only you); and the information in your account, public page and offers is accurate.
3. Indemnity
You will defend and indemnify Likeness, its officers, employees and suppliers, and each buyer who licenses from you in good faith, against claims, losses, damages, refunds, chargebacks, fines and reasonable costs (including legal fees) arising from: your photos, offers or licenses; your attestation being untrue; your breach of this agreement or the Terms; or your violation of law or of anyone's rights. We may set off amounts you owe us against your earnings.
4. The licenses you offer
When you publish an offer you set the uses, territories, platforms, whether commercial use is allowed, the term and the price. You grant Likeness the right to offer, quote and issue licenses on exactly those terms in your name, to charge the buyer, to deliver a watermarked copy of the photo to the buyer, and to record the license.
Rights in your likeness. If you offer an action that creates or alters a depiction of you (generating a face, swapping a face, cloning a voice or similar), you grant the buyer, for the term, territories and platforms of the license and only for the purposes the license states, the right to use your name, image, likeness, face and voice to make and use that output, including any publicity or personality rights you hold. You do not grant any use the license does not list, and you cannot offer AI training.
When a buyer pays, a license is granted on the terms in the quote and the Buyer License Terms. A granted license is frozen: you cannot change it, and changes to your offers, rules or to Likeness policies apply to future licenses only. A license can end early only through the process in the Buyer License Terms (for example a refund, a takedown or a termination decided by Likeness staff). You must honour every license granted. You may stop offering at any time, and you may withdraw consent for new processing, which stops new licenses; it does not undo licenses already granted.
5. Fees, earnings and payouts
- Pilot fee: 0%. Likeness takes no platform fee in the pilot, and Likeness bears Stripe's processing fees during the pilot: you are credited the full price the buyer paid. Your own bank may charge you for receiving a payout. A future fee would apply only to licenses granted after we tell you.
- Earnings. When a buyer's payment is confirmed and the license is granted, your earnings balance is credited the price. The balance is the ledger in your account, shown per currency and per mode (test mode money is not real money).
- Manual payouts. In the pilot, payouts are arranged by Likeness staff outside the product, by a method we agree with you. We do not promise a payout date or schedule. We do not ask for or store card details in the product; payout details you send to staff are kept only as needed to make the payout.
- 14-day hold. Only earnings that are at least 14 days old can be paid out, so that disputes and refunds can arrive first. Refunds, disputes and earlier payouts are deducted before anything is paid.
- Payouts can be withheld. We may withhold a payout while a refund case, a dispute or a takedown review is open on your account, or where we reasonably suspect fraud or a breach of this agreement. Only an open refund-recommended case blocks a payout automatically; withholding for the other reasons is a decision by Likeness staff.
- Minimums and methods. [PAYOUT METHOD, MINIMUM AND CURRENCY RULES — TBD]
6. Refunds, disputes and clawback
If a buyer is refunded, or a card dispute (chargeback) is lost, the amount is taken out of your earnings. That includes refunds Likeness staff recommend after a report, a failed delivery, a license placed on hold or a takedown. If the amount is larger than your unpaid earnings, for example because it arrives after a payout, you owe Likeness the difference and agree to repay it on request; we may deduct it from future earnings or recover it by other lawful means.
7. Reports, takedown and suspension
Anyone can report your page, offer or photo using the Takedown and Report Policy. When a report or dispute arrives, we may mark your page "under review", unlist it, suspend your offers or the affected license, refuse new checkouts, recommend refunds to buyers, and withhold payouts. We may also demote or remove the statement on a photo that says it shows only you. We decide using the information we have, and we are not required to prove a claim. We may close accounts of repeat infringers and of creators whose attestation proves untrue.
You will co-operate with a review and give us the information we ask for. If we restore something, we will tell you.
8. Taxes
You are responsible for all taxes on what you earn: income tax, sales or value-added tax, and reporting. Likeness does not give tax advice and does not withhold tax in the pilot unless the law requires it. You will give us tax information if we ask for it to meet our legal obligations. Prices in offers are what the buyer pays; whether tax is added at checkout is shown there.
9. Ending this agreement
You may stop at any time by retiring your offers and deleting your account (subject to the unsettled-money rules in the Privacy Policy). We may end it as set out in the Terms. Licenses already granted, refunds and clawback, the indemnity and the rights warranty survive.
10. Changes
When we publish a new version of this agreement you must accept it before your photos can be sold under it. Until then, new checkouts of your offers are refused; a checkout that was already started can still complete. Licenses already granted are not changed.
11. Governing law and disputes
[GOVERNING LAW, VENUE AND DISPUTE RESOLUTION — TBD, same as the Terms of Service]