Creator agreement

Last updated 〔date〕. Between you ("you", the creator) and 〔legal entity, registered address〕 ("we", "us"). It applies from the moment you submit a persona for approval.

This is a business agreement, not a consumer one. You are supplying content to a platform in exchange for a share of what it earns. The consumer protections in the terms of service are not what governs this, and the terms below are correspondingly firm. If that is not acceptable to you, do not submit a persona.

1. What you are, and what you are not

You are an independent contractor. This agreement creates no employment, partnership, joint venture or agency between us. You pay your own taxes, and you are responsible for any registration, licence or filing your own country requires of you.

You are not our spokesperson. You may not represent us, bind us, or hold yourself out as acting for us.

2. Approval is ours, and it is discretionary

No persona reaches the service without our approval, and approval is at our sole discretion. We do not owe you a reason, a timeframe, or an appeal on a commercial decision.

We may remove, suspend, unpublish or refuse any persona or any item at any time, with or without notice, for any reason or none — and we will do it without notice where we believe the law, a payment provider, or the safety of the service requires it.

Approval is not a promise of distribution. Nothing here obliges us to show your persona to anyone, to rank her anywhere, or to keep showing her.

3. What you promise us

You represent and warrant, every time you submit anything:

• You own or control everything you supply, and supplying it to us breaks no one's rights.
• Every real person depicted has verified their own likeness and consented in writing, and the consent covers this service and the uses in §4. You may not supply a third party's likeness.
• Every person depicted was 18 or older at the time, and you hold proof.
• Nothing you supply depicts a minor, anyone appearing to be a minor, or a non-consensual act.
• Nothing you supply is illegal where we operate or where it will be seen.
• Everything you tell us about yourself is true, and you will complete the identity and age verification we ask for and keep it current.

These are conditions, not aspirations. A breach of any of them ends this agreement immediately under §8.

4. The licence you give us

You grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable licence to host, store, reproduce, adapt, resize, re-encode, excerpt, blur, watermark, display, distribute, publicly perform and promote everything you supply, on the service and in marketing the service, in any medium now known or later devised.

We may generate from it. That includes producing derived and generated media from what you supply — stills, video, voice, and text in your persona's voice — and using it to train and condition the models that do so, for this service.

The licence survives the end of this agreement to the extent needed to: keep serving anything a user has already bought; keep records the law requires; and keep material already distributed in marketing, for 〔period〕 after termination.

You keep ownership. Nothing here transfers it. What you grant is the licence above, and it is broad on purpose.

You waive your moral rights in what you supply, to the fullest extent the law allows, and where they cannot be waived you agree not to assert them against us or anyone we license. Without this the licence above does not work: resizing, excerpting, blurring and generating from your material are exactly the acts a moral right lets an author object to.

5. Money

Commission. You earn 〔rate〕 of the net revenue attributable to your persona. Net means what we actually receive after payment-processing costs, taxes, refunds, chargebacks and reversals — never the price a user saw. We set the rate and we may change it on 30 days' notice, and a change never reduces the rate on revenue already earned.

When it is released. Commission on a subscription is held until the second payment from that subscriber settles. Roughly a third of subscribers never reach a second payment, and paying on the first pays commission out of revenue that is then refunded. Held commission is visible to you, with the date it releases.

Payout is in cryptocurrency, and only in cryptocurrency. You supply and maintain a valid wallet address. An incorrect address is your loss, not ours — a transfer sent to an address you gave us is a transfer made. Network fees come out of the payout.

Minimum payout is 〔amount〕. Below it the balance carries forward. We may hold, delay or offset a payout where we are investigating fraud, a rights claim, or a breach.

Set-off. We may deduct from anything we owe you: refunds and chargebacks on revenue attributed to your persona, the fees those cost us, and any loss caused by your breach. If your balance cannot cover it, you owe us the difference.

Our records decide. The figures in our system — revenue attributed, refunds, chargebacks, commission earned, held and paid — are conclusive in the absence of manifest error. You have no right to audit us, to inspect our books, or to require a third party to. If you think a figure is wrong, tell us within 60 days of it appearing; after that it is agreed.

We may hold a payout until you have given us the identity, age and tax documentation we ask for, and for as long as any of it is missing, expired or unverified. A payout we cannot lawfully make is not a payout we owe.

No minimum, no guarantee, no floor. Nothing here promises you any earnings at all.

6. What you may not do

• Do not buy, incentivise, automate or otherwise manufacture engagement, subscriptions or payments.
• Do not contact users off the service, direct them off it, or solicit payment outside it.
• Do not supply the same persona, likeness or catalogue to a competing service while this agreement runs. 〔Exclusivity is a commercial term and this line is the aggressive default; strike it if a creator will not sign it — see the README.〕
• Do not disclose our terms, rates, figures or systems to anyone.
• Do not solicit our staff, our contractors or other creators while this agreement runs and for 12 months after it ends.

7. Confidentiality and publicity

Everything you learn about our business, figures, roadmap and systems is confidential and stays so. We may name you and your persona in marketing; you may not name us in yours without our written agreement.

8. Ending it

We may end this agreement at any time, for any reason, on notice, and the notice may be immediate. You may end it on 30 days' written notice — the difference is deliberate: a persona that vanishes mid-period leaves subscribers who have paid for a month of her, and unwinding that is our cost rather than yours.

You also warrant that you are not on any sanctions list, not in a sanctioned or embargoed territory, and not acting for anyone who is. A breach of that ends this agreement immediately and no payout is owed, where paying would itself be unlawful.

We may end it immediately, with no notice, and withhold any unpaid balance, where you breach §3 or §6, where we believe you have committed fraud, or where a payment provider or the law requires it.

On termination: your personas come down, the licence in §4 survives as §4 says, and any released commission properly earned is paid at the next payout cycle unless it is withheld under this section.

9. Liability

To the fullest extent the law allows, we are not liable to you for indirect, incidental, special or consequential loss, or for lost profit, revenue, data, goodwill or anticipated saving — including lost earnings from a persona we removed or a service we changed. Our total liability to you is limited to the commission we actually paid you in the six months before the claim.

You will cover us — us, our people, our suppliers and our payment providers — against any claim, loss, liability, fine or cost (including legal fees and any regulatory penalty) arising from anything you supplied, any breach of §3, or any misrepresentation you made. This indemnity is not capped, and it survives termination.

10. Changes, law, disputes

We may change this agreement on 30 days' notice. Continuing to supply content, or accepting a payout, after it takes effect is acceptance. If you do not accept, end the agreement under §8.

Governed by the law of 〔jurisdiction〕, and you agree to the exclusive jurisdiction of its courts and waive any objection to it. Any dispute is brought individually. You waive any right to bring or join a class, collective or representative action, and any right to a jury trial, to the extent the law allows.

Any claim must be brought within one year of when it arose.

11. The rest

We may transfer this agreement — to a group company or to whoever acquires the business. You may not transfer yours without our written agreement.

Neither of us is liable for a failure caused by something outside our reasonable control — a supplier, a payment provider, a model vendor, a network, a government, a regulator, or an event that makes performance unlawful. A payout delayed by one of those is delayed, not forfeited.

Notices may be sent to the address or wallet on your creator account and are treated as received.

§§3, 4, 5 (set-off), 7, 9, 10 and this section survive the end of this agreement, however it ends.

If a term is unenforceable, the rest stands. Not enforcing a term is not giving it up. This agreement, with the policies it links to, is the whole agreement between us.

Notices: 〔notice address〕.