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Media Upload Agreement

If you upload media showing a real person — including yourself — this agreement sets out the consents you must hold, what we may do with the upload, and what you remain responsible for.

Last updated August 16, 2026

This Media Upload Agreement applies every time you upload media to Vidzap, operated by Formless Inc. It sits on top of our Terms of Service and Acceptable Use Policy, and where it conflicts with them on the subject of uploads, this agreement controls.

Generating a video from a photograph of a real person carries obligations that generating one from a text prompt does not. This document is where those obligations live. Read it before you upload.

1. What this agreement covers

“Uploaded Media” means any image, video, audio or other file you provide to the Services that depicts, records or reproduces a real person, place, product, artwork, logo or other real-world subject — including reference images, product photography, brand assets, footage, voice recordings and self-portraits.

It applies whether you upload the file yourself, connect it through an integration, or provide it to our support team.

2. What you promise when you upload

Each time you upload, you represent and warrant that:

  1. You hold the rights. You own the Uploaded Media or have all licenses, permissions and clearances needed to upload it and to have it processed as described here.
  2. You have consent for every identifiable person in it. See section 4 for what that consent must cover.
  3. You have cleared third-party material in it. Any artwork, logo, trade dress, music, architecture or other protected work visible or audible in the media has been cleared for this use, or its inclusion is otherwise lawful.
  4. It is lawful. Uploading and processing it does not violate any law, contract, court order, platform policy or third party’s intellectual property, privacy, publicity, moral or contractual rights.
  5. It is not prohibited content. It does not contain child sexual abuse material, intimate imagery shared without consent, or anything else prohibited by our Acceptable Use Policy.
  6. You are not circumventing a restriction. You are not uploading media of someone who has asked you not to, whose consent has been withdrawn, or whose likeness you have previously been told not to use here.

These promises are made fresh with each upload. If any of them stops being true, delete the media from your library and stop using any Output derived from it.

3. Self-portrait and single-subject restrictions

Some features — particularly those that build a persistent synthetic likeness or clone a voice — are restricted to media of yourself. Where a feature is marked as self-only, uploading media of anyone else is a breach of this agreement, even if you hold that person’s consent.

Where a feature accepts media of others, you must still meet the consent requirements in section 4 in full.

No feature, in any circumstance, may be used with media depicting a person under 18. This is absolute. It is not curable by parental consent, and it applies regardless of how the media is intended to be used.

Before uploading media of an identifiable person other than yourself, you must hold documented, informed, freely given, written consent from that person. The consent must be specific enough that the person understood what they were agreeing to, and must cover:

  • that their image, likeness and/or voice will be uploaded to an AI generation platform;
  • that it will be processed by automated systems and transmitted to third-party AI model providers to produce new, synthetic content;
  • that synthetic video, images or audio depicting them may be generated, including them appearing to say or do things they never said or did;
  • the intended uses of the resulting content, including whether it will run as paid advertising, and in what markets;
  • how long the consent lasts and how it can be withdrawn; and
  • who to contact to withdraw it.

Additional conditions:

  • Keep the records. You must retain proof of consent for as long as you use the media or anything derived from it, plus three years. You must provide it to us within 7 days of request.
  • Honour withdrawals. If a person withdraws consent, stop generating with their media, delete it from your library, and stop distributing Outputs that depict them.
  • Special categories. You may not upload media chosen or used to reveal a person’s health, disability, race or ethnicity, religion, political opinion, trade-union membership, sex life or sexual orientation without that person’s explicit, separate consent.
  • Public figures are not an exception. Someone being famous does not create consent. Depicting a real public figure without their permission is prohibited under our Acceptable Use Policy.
  • Deceased persons. Post-mortem publicity rights exist in many jurisdictions. You are responsible for obtaining any estate authorization required.

A sample consent form is at Appendix A. It is a starting point, not legal advice.

5. Faces, voices and biometric identifiers

Depending on the feature and jurisdiction, processing a face or voice may involve a biometric identifier.

  • Features that may involve biometric identifiers are not available to residents of Illinois or Texas, in light of those states’ biometric privacy statutes. You may not use a VPN, false residency or another account to get around this.
  • You may not use Vidzap to identify, verify, authenticate, track or surveil any person. Not your own customers, not employees, not anyone.
  • You may not upload media selected because of a person’s biometric or sensitive characteristics for the purpose of categorizing them by those characteristics.
  • You may not use the Services to infer emotion in a workplace or educational setting, or for any other practice prohibited by the EU AI Act.

Our handling of this data is described in section 11 of the Privacy Policy.

6. The license you grant us for Uploaded Media

You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, reformat and process your Uploaded Media solely to:

  • deliver the generation you requested;
  • transmit it to the model providers needed to fulfill that request;
  • maintain backups and operate security, billing and abuse-prevention systems; and
  • meet our legal and safety obligations, including those in our Trust & Safety Policy.

This license does not permit us to train AI models on your Uploaded Media, to use it in marketing, or to make it public in any way, unless you separately and explicitly opt in. That opt-in is revocable in your account settings and is never a condition of using the Services.

The license ends when you delete the media, subject to the backup and legal-hold retention periods in the Privacy Policy.

7. Outputs generated from your uploads

You own the Outputs generated from your Uploaded Media, on the terms in section 4 of the Terms of Service, and they carry a full commercial license.

Ownership is not permission. You remain responsible for:

  • Disclosure. Where the law or an advertising platform requires you to disclose that a person, testimonial or endorsement is AI-generated, that obligation is yours. Several jurisdictions and every major ad platform now have rules here.
  • Not being deceptive. Do not present synthetic footage as authentic documentary evidence, a genuine customer testimonial from a real customer, or a real endorsement that was never given.
  • Political and electoral content. Synthetic media depicting candidates, officials or electoral processes is restricted or prohibited in many jurisdictions and is prohibited on Vidzap under our Acceptable Use Policy.
  • Provenance markings. Do not remove, obscure or falsify watermarks, content credentials or other provenance signals attached to an Output.
  • Scope. Do not use an Output beyond the scope of the consent you obtained.

8. Reporting misuse and takedown

If someone has uploaded media of you without your consent, or generated content depicting you without permission, email trust@vidzap.ai with enough detail for us to locate it.

  • We acknowledge reports about non-consensual likeness within 72 hours.
  • Reports of non-consensual intimate imagery are prioritized, and verified reports are actioned within 48 hours.
  • Apparent child sexual abuse material is actioned immediately and reported to NCMEC as US law requires.
  • We participate in industry hash-sharing programs so that removed illegal imagery cannot easily be re-uploaded.

We may remove Uploaded Media or Outputs, suspend the responsible account, and preserve records for law enforcement. We may also ask you to produce your consent records — failure to produce them is grounds for removal and suspension.

9. Indemnification

You will defend, indemnify and hold harmless Formless Inc., Vidzap and our officers, employees and contractors from any claim, demand, loss, liability or expense (including reasonable legal fees) arising from your Uploaded Media, your failure to obtain or honour a required consent, your breach of this agreement, or your use or distribution of Outputs derived from your uploads.

10. Disclaimers and liability

The disclaimers in section 13 and the liability limits in section 14 of the Terms of Service apply here in full.

In addition, we do not warrant that any likeness, voice or biometric feature will be available in your jurisdiction or remain available, that an Output will resemble the subject you uploaded, or that an Output will avoid resembling someone you did not upload.

11. What you are acknowledging

By uploading, you acknowledge that:

  • Generative models can produce a likeness resembling someone you never uploaded. Coincidental resemblance is a known property of these systems, not a defect.
  • The law here is unsettled and moving. Rules on synthetic likeness, publicity rights, biometric data and AI disclosure are changing across jurisdictions, and something permitted today may not be tomorrow.
  • Outputs may not be protectable. Copyright in purely AI-generated material is limited or unavailable in some jurisdictions.
  • We may restrict features by jurisdiction as regulation develops, without notice and without liability.

12. Survival

Sections 2, 7, 9, 10 and 11 survive termination of this agreement and closure of your account.

13. Changes

We may update this agreement. Material changes take effect at least 14 days after we notify you by email or in-product. Uploading media after a change takes effect means you accept it.

14. Contact

Formless Inc. (DBA Vidzap)
Trust & Safety: trust@vidzap.ai
Legal: legal@vidzap.ai
Privacy: privacy@vidzap.ai
Copyright and trademark: dmca@vidzap.ai
Mailing address: 18117 Biscayne Blvd, Suite #2339, Miami, FL 33160

Appendix A — Sample consent form

This template is provided as a convenience and is not legal advice. Requirements vary by jurisdiction. Have a lawyer review any form you intend to rely on.

CONSENT TO USE LIKENESS AND VOICE FOR AI-GENERATED CONTENT

I, [FULL NAME], confirm that I am 18 years of age or older and that I give my consent as follows.

1. What I am providing. I am providing photographs, video and/or audio recordings of myself (“my Media”) to [YOUR NAME OR COMPANY] (“the Creator”).

2. What will be done with it. I understand my Media will be uploaded to Vidzap, an AI content generation platform operated by Formless Inc., and processed by automated systems — including third-party AI models — to create new, synthetic images, video and/or audio.

3. Synthetic content. I specifically understand and agree that content may be generated in which I appear to say or do things I have never said or done, and that this content may be indistinguishable from real footage of me.

4. How it may be used. I consent to the resulting content being used for: ☐ paid advertising ☐ organic social media ☐ website and marketing materials ☐ internal use only ☐ other: [SPECIFY]

5. Where. Territory: [SPECIFY, e.g. worldwide]

6. For how long. This consent lasts [SPECIFY PERIOD] from the date signed, unless I withdraw it earlier.

7. Withdrawing it. I may withdraw this consent at any time by writing to [CONTACT EMAIL]. On withdrawal, the Creator will stop generating new content from my Media, delete my Media, and stop distributing content depicting me, to the extent reasonably possible. I understand that material already published or distributed may not be fully recoverable.

8. What I am not consenting to. I do not consent to my likeness or voice being used in content that is sexual, defamatory, political, or that portrays me endorsing something I have not agreed to endorse, unless separately agreed in writing.

9. Compensation. ☐ None ☐ [SPECIFY]

Signature: ______________________ Print name: ______________________

Date: ______________ Email: ______________________