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Media Upload Agreement

Last Updated: May 11, 2026

ZeroTen Media Inc. ("Company," "we," "us," or "our")
Effective Date: May 11, 2026

PLEASE READ CAREFULLY BEFORE UPLOADING. This Media Upload Agreement ("Agreement") governs your upload of any image, video, audio, voice sample, or other media to the Services. It is incorporated into our Terms of Service. By uploading any media to the Services, you make the legally binding representations and warranties set out below.

1. What This Agreement Covers

1.1 Scope

This Agreement applies whenever you upload, submit, or otherwise provide ("Upload") any:

  • Photograph, image, or other visual media;
  • Video or other moving-image media;
  • Audio recording, voice sample, or other sonic media;
  • Any other content that depicts, captures, or represents a real person, real place, or real object;

(collectively, "Uploaded Media").

1.2 Relationship to Other Documents

This Agreement is part of, and incorporated into, our Terms of Service, Privacy Policy, Acceptable Use Policy, and Trust & Safety Policy. To the extent of any conflict, the more protective provision applies.

1.3 Defined Terms

Capitalized terms not defined in this Agreement have the meanings given to them in the Terms of Service.

2. Your Core Representations and Warranties

By Uploading any media, you represent and warrant that all of the following are true:

2.1 Rights Ownership

You either: (a) created the Uploaded Media yourself and own all rights in it; or (b) have obtained from each person and entity with rights in the Uploaded Media all permissions, consents, licenses, and authorizations necessary for you to Upload, and for us to process, the Uploaded Media as contemplated by the Terms of Service.

2.2 Specific Consents Obtained

Where the Uploaded Media depicts, captures, or represents an identifiable real person (including yourself in some jurisdictions, see §3), you have obtained from that person — or, in the case of a minor, from a person legally authorized to consent on the minor's behalf — the verifiable, informed, written consent described in Section 4.

2.3 No Third-Party Rights Violations

The Uploaded Media, and our processing of it as contemplated by the Terms of Service, does not and will not:

  • (a) Violate any applicable law, regulation, or ordinance (including data-protection, biometric, privacy, publicity, intellectual-property, sanctions, and export-control law);
  • (b) Infringe, misappropriate, or otherwise violate any copyright, trademark, trade secret, patent, right of publicity, right of privacy, moral right, or any other right of any third party;
  • (c) Require us to obtain any additional license or consent;
  • (d) Require payment of any royalty, fee, or other compensation to any third party;
  • (e) Require any attribution or acknowledgment of any third party (note: if your source material requires attribution under a Creative Commons or similar license, you must comply with that license independently of this Service — we cannot make those attributions for you).

2.4 No Prohibited Content

The Uploaded Media does not contain, depict, or constitute:

  • (a) Child Sexual Abuse Material (CSAM), or any content that depicts, represents, describes, promotes, or facilitates the sexual abuse, sexual exploitation, or sexualization of a minor — whether real, fictional, simulated, altered, or AI-generated;
  • (b) Sexually explicit content, pornography, or non-consensual intimate imagery;
  • (c) Imagery, audio, or video of a minor in a manner that could sexualize, expose, or harm the minor;
  • (d) The likeness, voice, or persona of a real person (living or deceased) for whom you have not obtained the consent described in Section 4;
  • (e) Material protected by copyright (including images of copyrighted artworks, screenshots from copyrighted films or games, or recordings of copyrighted music) where you do not hold the rights;
  • (f) Trademarks or registered designs of third parties;
  • (g) Content that violates the Acceptable Use Policy.

2.5 No Use for Identification

You will not Upload the Uploaded Media for the purpose of biometric identification, surveillance, or tracking of any individual based on biological, physiological, or behavioral characteristics.

2.6 Truthful Account Information

The account from which you Upload the Uploaded Media is registered with truthful information, and you are the user identified.

3. Self-Portrait and Single-Subject Restrictions

3.1 Self-Portrait Features

For features that generate or modify content depicting a specific individual (such as personal-avatar generators, "Soul ID"–style character creators, lipsync studios, talking-avatar features, and similar):

(a) You may upload only media depicting yourself. You may not upload media depicting any other individual, even with that person's consent, through these features.

(b) You represent that the Uploaded Media is you and only you — no other individual is captured in the media in a manner that would be processed as a personal characteristic.

(c) You are not a minor, and the Uploaded Media does not depict any minor.

3.2 Multi-Subject and Third-Party-Subject Features

For features that permit upload of media depicting other persons (such as group-photo enhancement or multi-character video generation), you must obtain the consents described in Section 4 from each depicted individual before Upload.

3.3 Synthetic-Self / Deepfake-of-Yourself Restriction

You may not generate Outputs depicting yourself in conduct or contexts that, if real, would constitute a crime, that would deceive others into believing the Output is authentic and unedited, or that would damage the reputation or legal interests of any third party.

4. Consent Requirements for Depicted Persons

4.1 What Consent Must Cover

Where the Uploaded Media depicts a real person (other than yourself, subject to Section 3), you must have obtained from that person verifiable, informed, written consent that authorizes:

  • (a) Your Upload of the Uploaded Media to the Services;
  • (b) Our processing of the Uploaded Media to generate Outputs;
  • (c) Your intended use, distribution, and publication of the resulting Outputs;
  • (d) The transmission of the Uploaded Media to our Sub-Processors and Third-Party AI Model providers as described in our Privacy Policy;
  • (e) Where applicable, the processing of the Uploaded Media as biometric data, biometric identifier, biometric information, or special category of personal data under applicable law.

4.2 Form of Consent

The consent must be:

  • Informed: the depicted person must understand what you intend to do with their image, voice, or likeness, including that AI processing will be applied;
  • Verifiable: you must be able to produce evidence of the consent on our request;
  • Written: documented in a record (digital or physical) signed or otherwise authenticated by the depicted person;
  • Specific: covering the actual uses you intend, not a vague "any future use" language;
  • Revocable: consistent with applicable law, the consent should permit the depicted person to revoke it for prospective uses.

4.3 Minors

For media depicting any individual under 18 years of age (or the age of majority in their jurisdiction, if higher), consent must be provided by a parent or legal guardian and must specifically address the AI processing involved. In addition, certain categories of upload depicting minors are prohibited regardless of consent, including any sexualized or sexualizable depiction. You may not Upload media of any minor for any feature that involves face or voice biometric processing or that generates Outputs in which the minor is depicted in a different context, situation, or character.

4.4 Deceased Persons

For media depicting a deceased person, consent must be provided by the personal representative or other party with legal authority over the deceased's right of publicity in the relevant jurisdiction. Note that post-mortem rights of publicity vary substantially by jurisdiction; you are responsible for compliance.

4.5 Public Figures, Celebrities, and Politicians

The fact that an individual is a public figure, celebrity, politician, or other widely known person does not eliminate the consent requirement. You must obtain the same verifiable, informed, written consent for any Uploaded Media depicting such a person, except for Uploaded Media that constitutes:

  • (a) A photograph or video of the public figure that you personally created in a public setting where no consent was required at capture, AND
  • (b) Where your intended use is news reporting, commentary, criticism, scholarship, or other use protected under the First Amendment or analogous protections in your jurisdiction, AND
  • (c) Where you are not generating Outputs that depict the public figure in a manner that creates a false impression of authenticity, endorsement, conduct, or speech.

For all other uses depicting public figures, full consent is required.

4.6 Production of Consent Records

You must retain consent records for at least three (3) years after your last use of the Uploaded Media, and produce them to us within seven (7) days of our written request.

5. Biometric and Likeness-Specific Provisions

5.1 Acknowledgment of Possible Classification

You acknowledge that, depending on jurisdiction and feature, Uploaded Media may be classified by some laws as biometric data, biometric identifiers, biometric information, or special category personal data. We do not determine or represent whether any Uploaded Media is so classified — that determination depends on facts and law you must evaluate.

5.2 Geographic Restriction

You may not Upload media for use with face- or voice-biometric features if you are a resident of Illinois or Texas. By Uploading media for such features, you represent that you are not such a resident.

5.3 Texas, Illinois, and Other Restricted-Subject Warranties

Where you Upload media depicting a real person other than yourself for any feature (whether biometric or not), you represent that the depicted person is not a resident of Illinois or Texas, unless you are that person's legally authorized representative who can validly consent to the processing on their behalf under the applicable state's biometric statute.

5.4 No Identification Use

You will not use the Services or Outputs to:

  • (a) Identify any individual based on facial geometry, voiceprint, or other biometric characteristic;
  • (b) Match any depicted individual against any database of known persons;
  • (c) Surveille, track, or stalk any individual;
  • (d) Generate Outputs intended to deceive any system relying on biometric authentication.

5.5 No Sensitive Categories

You will not Upload media that includes information about a depicted person's:

  • Genetic characteristics;
  • Medical or physical/mental health condition;
  • Sexual orientation or sex life;
  • Religious or philosophical beliefs;
  • Political opinions or trade-union membership;
  • Racial or ethnic origin (other than as visible in ordinary photographs);
  • Criminal history;

unless you have obtained explicit consent from the depicted person to process such sensitive information through the Services and the processing is lawful in your jurisdiction.

5.6 Retention of Biometric-Sensitive Inputs

You may delete media containing personal characteristics through your account settings. We will remove the media from active processing systems within 30 days of your request, subject to limited retention for legal hold, fraud prevention, and security investigation. We will permanently destroy biometric data within timelines required by applicable law (including BIPA's three-year-from-last-interaction destruction requirement, where applicable).

5.7 No Training on Your Biometric Inputs

We do not use Uploaded Media containing facial or vocal characteristics, or Outputs derived from such Uploaded Media, to train AI models — neither ours nor those of any Third-Party AI Model provider — under any circumstances.

6. License You Grant Us

6.1 Operational License

You grant us a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, transmit, process, reproduce, modify, and create derivative works of the Uploaded Media solely as necessary to: (a) provide, operate, secure, and improve the Services for you; (b) generate Outputs in response to your Inputs; (c) transmit the Uploaded Media to our Sub-Processors and Third-Party AI Model providers as needed; (d) enforce this Agreement; and (e) comply with applicable law, legal process, or governmental request.

6.2 No Training License

The license in Section 6.1 does not include the right to use Uploaded Media to train, fine-tune, or otherwise improve our AI models or any Third-Party AI Models. This is consistent with our Privacy Policy commitment.

6.3 No Public-Display or Promotional License

The license in Section 6.1 does not include the right to publicly display or promote your Uploaded Media or Outputs, except (a) to you and within your account, (b) as expressly permitted by you (for example, by sharing to a public gallery feature), and (c) as required by law or to investigate suspected violations of this Agreement.

6.4 Survival

The license in Section 6.1 terminates when you delete the Uploaded Media or your account, except to the extent retention is necessary for legal hold, fraud prevention, security investigation, or the limited retention periods stated in our Privacy Policy.

7. Outputs Generated From Your Uploaded Media

7.1 Output Ownership

You own the Outputs generated from your Uploaded Media to the extent provided in the Terms of Service.

7.2 Your Distribution Responsibility

You are solely responsible for any use, distribution, or publication of Outputs. In particular:

  • (a) You must comply with all applicable AI-disclosure laws (including EU AI Act Article 50 transparency obligations and US state deepfake statutes);
  • (b) Where the Output identifies or resembles a real person, you must publicly identify that the Output is AI-generated when you publish or display it;
  • (c) You must not remove, alter, obscure, or interfere with any watermark, content credentials (including C2PA metadata), or other provenance markings we apply to Outputs;
  • (d) You must obtain any further consents required for your specific use that exceed the consents originally obtained.

7.3 Prohibited Distribution

You will not use, distribute, or publish any Output that:

  • (a) Falsely depicts an identifiable real person as having said or done something they did not say or do, in a manner that creates a false impression of authenticity or that could materially harm the depicted person;
  • (b) Falsely associates an identifiable real person with a product, service, candidate, or position they have not endorsed;
  • (c) Constitutes non-consensual intimate imagery of an identifiable real person;
  • (d) Could mislead voters in any election;
  • (e) Defames any person or entity;
  • (f) Otherwise violates the Acceptable Use Policy.

8. Reporting Misuse and Takedown

8.1 If You Are Depicted in Uploaded Media Without Consent

If your image, voice, or likeness has been Uploaded to or generated through our Services without your consent, please contact us at trust@promptwise.com or use the in-product report mechanism. We will:

  • Investigate within 72 hours;
  • Remove confirmed unauthorized content;
  • Preserve evidence as legally required;
  • Where applicable, report to NCMEC (for CSAM), comply with Take It Down Act SLAs (48 hours for verified NCII reports), or cooperate with law-enforcement requests.

8.2 Hash-Database Cooperation

We participate in industry hash-sharing programs (including PhotoDNA / NCMEC for CSAM and StopNCII for NCII). Hashes of confirmed unauthorized content may be contributed to those databases.

8.3 Trusted Reporters

News organizations, NGOs, and law-enforcement contacts may use our trusted-reporter intake at trusted@promptwise.com for prioritized handling.

9. Indemnification

You will defend, indemnify, and hold harmless the Company, its affiliates, officers, directors, employees, agents, licensors, and Third-Party AI Model providers from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your Uploaded Media; (b) your breach of this Agreement; (c) your violation of any depicted person's rights, including rights of publicity, privacy, biometric, or data-protection rights; (d) your distribution or use of any Output generated from the Uploaded Media; (e) your failure to obtain or maintain valid consent under Section 4.

This indemnification supplements (and is in addition to) the indemnification in the Terms of Service. The procedural conditions in the Terms of Service apply equally here.

10. Liability and Disclaimers

The disclaimers and limitations of liability in the Terms of Service apply to this Agreement and to any Uploaded Media. Without limiting those provisions, we do not warrant that any biometric or likeness processing will be available in your jurisdiction, or that Outputs derived from your Uploaded Media will achieve any particular result.

11. Acknowledgments

By Uploading any media, you specifically acknowledge that you have read and understood:

  • (a) The risk that AI-generated Outputs may resemble real people other than the one depicted in your Uploaded Media, and that such resemblance does not transfer rights to you;
  • (b) The unsettled state of intellectual-property protection for AI-generated content;
  • (c) The varying state and national laws governing biometric data, the right of publicity, and synthetic media — laws that change rapidly;
  • (d) Your sole responsibility for compliance with such laws in respect of your Uploaded Media and your distribution of any Output;
  • (e) That we may decline to process Uploaded Media in our discretion, including where automated or human review identifies a content-policy concern.

12. Survival

Sections 2 (Representations), 4.6 (Consent Records), 5.4 (No Identification), 5.6 (Retention), 7 (Outputs), 9 (Indemnification), and 10 (Liability) survive termination of this Agreement and the Terms of Service.

13. Modifications

We may update this Agreement from time to time. Material changes will be communicated as described in the Terms of Service. Continued upload of Uploaded Media after the effective date constitutes acceptance.

14. Contact

  • General Upload questions: support@promptwise.com
  • Trust & Safety / takedown / NCII / CSAM reports: trust@promptwise.com
  • Privacy / data-rights requests: privacy@promptwise.com
  • Law-enforcement contact: legal@promptwise.com
  • Designated agent for copyright notices: [TBD]

Appendix A — Sample Consent Form for a Depicted Person

This sample is provided for your convenience. It is not legal advice and may need to be adapted to your jurisdiction. We recommend obtaining counsel review for any production use.

Consent for AI Processing of My Image, Voice, and/or Likeness

I, [full legal name], residing at [address], hereby consent to [your full name / company] ("User") to:

  1. Upload media depicting my image, voice, and/or likeness (described as: [describe specific media]) to the PromptWise AI generation services (the "Services");
  2. Process the media through the Services to generate AI-derived synthetic media, including images, video, and/or audio;
  3. Use, distribute, publish, and/or display the resulting AI-generated content for the following purposes only: [describe specific purposes — be specific];
  4. Transmit the media to the Services' sub-processors and AI model providers identified in the Services' privacy policy, available at [TBD];
  5. Where applicable under law, process the media as biometric data, biometric identifier, biometric information, or special category of personal data.

I understand that:

  • The User intends to apply AI processing to my image/voice/likeness to generate synthetic media that may appear realistic but is not authentic.
  • The User is solely responsible for the AI-generated content produced.
  • I may withdraw this consent at any time for prospective uses by notifying the User in writing at [contact], but withdrawal does not affect prior lawful use.
  • I have received a copy of this consent for my records.

I am at least 18 years of age (or have the consent of my parent or legal guardian, whose signature appears below).

I am not a resident of Illinois or Texas, OR I am a resident of one of those states and consent specifically to the biometric processing described above as required by applicable state law (such as BIPA § 15(b) or the Texas CUBI).

This Media Upload Agreement has been drafted to reflect best-practice protections identified across leading AI generation platforms as of May 11, 2026. It should be reviewed and adapted by qualified legal counsel before use. Square-bracketed placeholders must be completed.