Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User”, “you”) and CastFace (“CastFace”, “we”, “us”, “our”), governing your access to and use of the platform available at castface.net and any related services (collectively, the “Platform”).

By creating an account, accessing the Platform, or clicking any “I agree” or “Get started” button, you represent that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms, you must not use the Platform.

CastFace is an online marketplace that connects individuals (“Persons”) who wish to license the use of their facial likeness with brands, studios, and other businesses (“Companies”) seeking real human faces for use in AI-generated video, advertising, and related media.

CastFace acts solely as an intermediary and marketplace operator. We are not a party to any licensing agreement between a Person and a Company. We do not represent, warrant, or guarantee that any license request will result in a concluded deal. All actual license agreements are negotiated and executed directly between Persons and Companies (with CastFace facilitating communication) and are subject to separate written agreements between those parties.

CastFace does not currently process payments between Persons and Companies. Commercial terms, payment, and final contract execution are handled outside the Platform during the current version of the service.

To use the Platform you must:

• Be at least 18 years of age. By registering, you represent and warrant that you are 18 or older. We do not knowingly permit anyone under 18 to use the Platform or submit facial images.
• Have the legal capacity to enter into binding contracts under the law of your jurisdiction.
• Not be prohibited from using the Platform under any applicable law or regulation.
• Not have had a previous account terminated for violation of these Terms.

If you are registering on behalf of a legal entity (company, studio, agency), you additionally represent that you have the authority to bind that entity to these Terms, and references to “you” include that entity.

You must create an account to use most features of the Platform. When registering you agree to:

• Provide accurate, current, and complete information.
• Keep your account credentials confidential and not share them with third parties.
• Promptly update your information if it changes.
• Notify us immediately at legal@castface.net of any unauthorised use of your account.

You are solely responsible for all activity that occurs under your account. CastFace will not be liable for any loss or damage resulting from unauthorised use of your credentials where you have failed to maintain their confidentiality.

We reserve the right to refuse registration, suspend, or terminate accounts at our sole discretion, including where we have reason to believe that information provided is false, or that the account is being used in violation of these Terms.

If you register as a “Person” and submit a face listing, you make the following representations, warranties, and commitments, which survive termination of your account:

5.1 Ownership and Authority

• All photographs and images you upload depict your own face and likeness only. You have not uploaded images of any other person.
• You are the sole owner of the right of publicity in your own likeness, or you have all necessary rights, releases, and permissions to list and license your likeness through the Platform.
• No third party — including any talent agency, employer, or contractual counterparty — has any claim that would prevent you from entering into the licensing arrangements contemplated by the Platform.

5.2 Accuracy of Listing

• All information in your listing (age range, gender, appearance tags, restrictions) is accurate and not misleading.
• Photos are unaltered beyond basic colour correction. Heavy digital manipulation, AI face swaps, or use of another person's face are strictly prohibited and constitute grounds for immediate termination.

5.3 Restrictions You Set

You may specify categories of use that you prohibit (e.g. political content, adult content, medical advertising). These restrictions are displayed to Companies and form part of the agreed basis for any license. You agree not to demand payment for uses that clearly fall within a restriction you have listed.

5.4 Grant of Platform Licence

By submitting a listing, you grant CastFace a non-exclusive, worldwide, royalty-free licence to display your listing, including the photographs you upload, to registered Company users of the Platform for the sole purpose of facilitating license requests. This licence does not extend to any other use of your images by CastFace.

5.5 No Guarantee of Licensing

CastFace does not guarantee that any Company will submit a request for your listing, nor that any request will result in a concluded license agreement. Submission of a face listing does not entitle you to any payment from CastFace.

6.1 Nature of a License Request

Submitting a “Request to License” through the Platform constitutes an expression of interest only. It does not create a binding license agreement between the Company and the Person. No rights in any person's likeness are transferred, acquired, or licensed until a separate, written license agreement has been signed by both parties (or their authorised representatives) outside the Platform.

6.2 Company Obligations

• You agree to use a Person's likeness solely in accordance with the restrictions displayed on their listing and the terms of any license agreement you conclude.
• You must not use, reproduce, or publish any likeness obtained through the Platform without a valid, executed license agreement.
• You must accurately describe the intended use, territory, media format, and duration of use in your license request.

6.3 Compliance with Law

Companies are solely responsible for ensuring that their use of any licensed likeness complies with all applicable laws and regulations, including advertising standards, data protection law, and laws relating to AI-generated content, in every jurisdiction in which the content is distributed.

6.4 No Guarantees

CastFace does not warrant that any Person will accept a license request, agree to any particular commercial terms, or complete a transaction. CastFace is not liable for any failure of a Person to honour a request or conclude a license.

Every face listing is subject to review by the CastFace team before it is published in the catalog. We reserve the absolute right to approve or reject any listing, or remove any listing from the catalog, for any reason including but not limited to:

• Images that appear to depict a person under 18 years of age.
• Images that appear to depict someone other than the account holder.
• Misleading, falsified, or manipulated images.
• Images that are obscene, offensive, or violate applicable law.
• Any other content that, in CastFace's sole judgment, is not appropriate for the Platform.

Moderation decisions are at our sole discretion. We have no obligation to provide reasons for rejection. Rejection of a listing does not entitle the submitting Person to any compensation.

You agree that you will not, and will not assist any third party to:

• Upload, create, distribute, or facilitate non-consensual intimate imagery or deepfake content.
• Use any likeness licensed through the Platform to produce political disinformation, electoral advertising intended to deceive, or content that misrepresents a public figure.
• Use a licensed likeness in a manner that the applicable Person has expressly prohibited in their listing restrictions.
• Upload images depicting any person who has not given their explicit, informed consent to appear on the Platform.
• Attempt to circumvent the Platform's moderation by submitting falsified information.
• Harass, threaten, or intimidate any Person or Company user.
• Reverse-engineer, scrape, or harvest data from the Platform without our written consent.
• Use the Platform for any purpose that violates applicable law or regulation.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Circumvent, disable, or otherwise interfere with security-related features of the Platform.

Violation of this section may result in immediate termination of your account and may expose you to civil and criminal liability. CastFace will cooperate with law enforcement authorities to the extent required by law.

9.1 Our Property

The Platform, including its design, software, branding, trademarks, and all content created by CastFace, is owned by CastFace and protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, modify, or distribute any part of the Platform without our prior written consent.

9.2 Your Content

You retain all ownership rights in the photographs and other content you submit (“Your Content”). By submitting Your Content, you grant CastFace the limited licence described in Section 5.4 above. You represent and warrant that Your Content does not infringe any third-party intellectual property rights, and you will indemnify us against any claim arising from Your Content as provided in Section 13.

9.3 Feedback

If you provide us with suggestions, feedback, or ideas regarding the Platform, you grant CastFace an irrevocable, perpetual, royalty-free licence to use such feedback without restriction or compensation to you.

Your privacy is important to us. Please review our Privacy Policy and our Biometric Consent Policy for detailed information on how we collect, process, and protect your personal data, including facial images that may constitute biometric data under applicable law (including the EU General Data Protection Regulation and the Illinois Biometric Information Privacy Act).

By uploading facial images you expressly acknowledge that you have reviewed and consented to the processing of your biometric data as described in those policies.

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

CastFace does not warrant that: (a) the Platform will be uninterrupted, error-free, or secure; (b) any defects will be corrected; (c) the Platform or any content is free from viruses or harmful components; (d) any license request will result in a concluded transaction; or (e) any listing will remain published on the Platform.

We do not endorse, verify, or take responsibility for the accuracy of any listing, the identity of any user, or the quality of any licensed content produced by a Company.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CASTFACE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE PLATFORM, EVEN IF CASTFACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In jurisdictions that do not allow the exclusion of certain damages, our liability shall be limited to the maximum extent permitted by law. In no event shall our total aggregate liability to you for all claims arising under these Terms exceed the greater of: (a) the fees paid by you to CastFace in the twelve months preceding the claim, or (b) one hundred United States Dollars (USD 100).

You agree to defend, indemnify, and hold harmless CastFace and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your violation of these Terms.
• Your Content, including any claim that Your Content infringes the rights of any third party.
• Your use of any licensed likeness outside the scope of an executed license agreement or in violation of a Person's stated restrictions.
• Any misrepresentation made by you in connection with the Platform.
• Your violation of any applicable law or the rights of any third party.

You may close your account at any time by contacting us at legal@castface.net. Upon closure, your listings will be removed from the catalog. Closure of your account does not cancel or affect any license agreements already concluded between you and a Company outside the Platform.

We may suspend or terminate your account immediately, without notice, if we determine that you have violated these Terms, engaged in fraudulent conduct, or if required to do so by law. We may also discontinue the Platform in whole or in part at any time.

Sections 8, 9, 11, 12, 13, 15, and 17 survive termination of these Terms.

These Terms are governed by and construed in accordance with the laws of [TODO: insert governing jurisdiction once company is incorporated — e.g. the State of Delaware, USA, or the jurisdiction of company registration], without regard to its conflict of law provisions.

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall first be subject to good-faith negotiation between the parties for a period of thirty (30) days following written notice. If not resolved, disputes shall be submitted to binding arbitration in accordance with the rules of [TODO: insert arbitration body], with proceedings conducted in the English language.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

Nothing in these Terms affects any mandatory consumer protection rights you may have under the law of your country of residence that cannot be excluded by contract. If you are a consumer resident in the European Union, you may also have the right to bring proceedings in the courts of your country of domicile.

We reserve the right to modify these Terms at any time. We will provide reasonable notice of material changes by posting the updated Terms on the Platform with a revised effective date and, where practicable, by email to registered users.

Your continued use of the Platform after the effective date of any modification constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must cease using the Platform and close your account.

Entire Agreement. These Terms, together with the Privacy Policy and Biometric Consent Policy, constitute the entire agreement between you and CastFace with respect to the Platform and supersede all prior agreements, representations, and understandings.

Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

No Waiver. Failure by CastFace to enforce any provision of these Terms shall not be construed as a waiver of our right to enforce such provision in the future.

Assignment. You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

Contact. For legal enquiries, please contact us at: legal@castface.net