1. Definitions
In these Terms, unless the context otherwise requires:
Agency. any registered business user of the Service who commissions, licenses, or uses Creator likenesses on behalf of themselves or a third party.
Content. any material submitted, uploaded, produced, or transmitted through the Service, including, without limitation, Likeness Assets, Deliverables, proposals, messages, and metadata.
Creator. a natural person who registers on the Service to license the commercial use of their identifiable likeness, voice, or persona.
Deal. a discrete transaction between an Agency and a Creator formed through the Service and evidenced by an executed Licensing Agreement.
Deliverable. any final creative asset produced by or on behalf of an Agency incorporating a Creator's Likeness under a Deal.
Escrow. the mechanism by which Deal funds are held pursuant to Section 9 pending release conditions.
Licensing Agreement. the per-Deal contract between an Agency and a Creator generated and executed through the Service, setting the licence scope, term, territory, exclusivity, moral-rights waivers, and payment terms.
Likeness Asset. reference material of a Creator uploaded to the Service, including images, video, audio, and biometric-adjacent identifiers such as face, voice, or gait.
User. any person or entity accessing the Service, whether Creator, Agency, or otherwise.
2. Acceptance & Eligibility
2.1 Acceptance. Access to and use of the Service constitutes acceptance of these Terms. If you do not agree, you must not use the Service.
2.2 Legal capacity. You represent that you are at least eighteen (18) years of age, have full legal capacity to enter into a binding contract, and, if acting on behalf of an entity, are authorised to bind that entity.
2.3 Sanctions and export. You represent that you are not located in a jurisdiction subject to comprehensive economic sanctions and are not listed on any restricted-party list maintained by the Australian Government, the United States Department of Treasury, the European Union, or the United Nations.
2.4 Incorporated policies. The Privacy Policy and Acceptable Use Policy are incorporated by reference and form part of these Terms.
3. Accounts & Security
3.1. You must register an account to access most features of the Service. Registration information must be accurate, current, and complete, and must be kept up to date.
3.2. You are solely responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorised access.
3.3. Creators are required to complete identity verification via our third-party provider (Stripe Identity) prior to receiving payouts. Agencies may be required to complete know-your-customer checks in accordance with applicable law.
3.4. We may refuse registration, suspend, or terminate accounts at our sole discretion in accordance with these Terms.
4. The Service; Role of Mylikeness
4.1 Marketplace intermediary. The Service is an online marketplace and technology platform that enables Creators and Agencies to discover one another, negotiate the licensing of a Creator's Likeness, execute Licensing Agreements, transmit and approve Content, and settle payments through Escrow.
4.2 Not a party. Except as expressly stated in these Terms and the Licensing Agreement, Mylikeness is not a party to the underlying contract between a Creator and an Agency, is not an agent, employer, joint venturer, or partner of any User, and does not itself commission, license, produce, edit, endorse, or distribute any Deliverable.
4.3 Payment facilitator. We act as a limited payment facilitator, holding Deal funds in Escrow with our payment provider and releasing those funds under the conditions set out in the applicable Licensing Agreement and Section 9.
4.4 No professional advice. Nothing on the Service constitutes legal, tax, accounting, or financial advice. Users are solely responsible for obtaining their own professional advice where required.
4A. Platform Safeguards & Rights
To protect the integrity of the marketplace and every party transacting on it, Mylikeness expressly reserves the following rights (each of which may be exercised at Mylikeness's reasonable discretion, without prior notice, and without liability):
4A.1 Non-party status. Mylikeness is not the licensor of any Likeness Asset, not the licensee of any Deliverable, and not the author, producer, publisher, or distributor of any Content transmitted through the Service. Any dispute concerning the substance of a Licensing Agreement is between the Creator and the Agency, and Mylikeness's liability, if any, is limited as set out in Section 16.
4A.2 Escrow control. Mylikeness may (i) hold, delay, or refuse the release of Escrow funds where fraud, misuse of the Service, breach of these Terms, or breach of the Acceptable Use Policy is reasonably suspected; (ii) reverse or claw back released funds in cases of proven fraud, misrepresentation, or chargeback abuse; and (iii) reserve up to fifteen percent (15%) of released funds for a rolling ninety (90) day period as a reserve against disputes and chargebacks, where risk indicators warrant it.
4A.3 Additional verification. Mylikeness may require any User to complete additional identity, business, tax, or beneficial-ownership verification as a condition of continued use of the Service, and may suspend payouts and Deal activity pending completion of that verification.
4A.4 Content review & removal. Mylikeness may review, moderate, remove, blur, watermark, or refuse to transmit any Content reasonably suspected of breaching these Terms, the Acceptable Use Policy, or applicable law. Mylikeness has no obligation to monitor Content pro-actively and is not liable for Content it does not remove.
4A.5 Anti-circumvention. Users must not solicit, encourage, or accept off-platform transactions with a counter-party they were introduced to through the Service, in a manner intended to avoid Platform Fees, safeguards, Escrow, or dispute-resolution processes. Suspected circumvention may result in a Platform-Fee recovery charge equivalent to the Platform Fee that would have applied to the off-platform Deal, plus a compliance fee of AUD $250, plus suspension of the offending accounts.
4A.6 Fraud, sanctions & AML. Mylikeness may report suspicious activity to law-enforcement, regulators, tax authorities, sanctions authorities, or financial-intelligence units, and may freeze funds or terminate accounts to comply with anti-money-laundering, counter-terrorism-financing, and sanctions laws.
4A.7 Chargeback defence. Where an Agency initiates a payment reversal or chargeback and Mylikeness reasonably determines that the underlying Deal was performed in accordance with the Licensing Agreement, Mylikeness may recover the reversed amount and any associated fees from the Agency and, where necessary, from any other User who benefited from the transaction.
4A.8 No obligation to litigate. Mylikeness is not obliged to bring, defend, or participate in litigation, mediation, arbitration, or regulatory proceedings on behalf of any User in respect of any Deal or Deliverable.
4A.9 Discretion to refuse service. Mylikeness may refuse to onboard, transact with, or continue providing the Service to any User or in respect of any Deal that Mylikeness reasonably considers unlawful, unsafe, misleading, or otherwise inconsistent with the ethos of the marketplace.
4A.10 Legal & compliance costs. Where Mylikeness incurs legal, compliance, forensic, or professional costs as a direct result of a User's breach of these Terms, that User must reimburse Mylikeness for those costs on a full-indemnity basis.
5. Creator Obligations
5.1. A Creator warrants that they are the sole holder of all rights necessary to license the Likeness Assets they upload, including personality rights, image rights, moral rights (to the extent waivable in the applicable jurisdiction), and any third-party consents required.
5.2. A Creator must not upload Likeness Assets of any other person, whether real, deceased, fictional, or composite.
5.3. A Creator must comply with the Acceptable Use Policy, including ban categories, exclusivity constraints, and other permissions set on their profile.
5.4. A Creator must review each Deliverable submitted for their approval promptly and in good faith. Unreasonable withholding of approval may result in dispute resolution under Section 10.
6. Agency Obligations
6.1. An Agency warrants that it will use each Deliverable strictly within the licence scope set out in the applicable Licensing Agreement, including permitted platforms, geographies, purposes, durations, and exclusivity terms.
6.2. An Agency must not produce, distribute, or authorise Content that falls within the Creator's declared ban categories, restricted contexts, or the prohibitions in the Acceptable Use Policy.
6.3. An Agency is responsible for all clearances, permits, releases, and third-party licences required to lawfully produce and distribute the Deliverable, other than the Creator's likeness rights licensed through the Service.
6.4. An Agency must clearly label all AI-generated Deliverables as such in the manner required by applicable law and by Mylikeness's Acceptable Use Policy.
7. Licensing of Likeness
7.1. Each Deal creates a distinct Licensing Agreement between the Creator and the Agency. Mylikeness is not a party to that agreement.
7.2. The Licensing Agreement, and not these Terms, governs the scope, duration, territory, exclusivity, revocation rights, moral-rights position, and payment terms of the licence granted.
7.3. Upon expiry, revocation, or termination of the Licensing Agreement, the Agency must cease all use of the applicable Deliverables within the period specified therein.
7.4. Creators grant Mylikeness a limited, non-exclusive, worldwide, royalty-free licence to store, transmit, and display Likeness Assets solely to the extent necessary to operate the Service.
8. Intellectual Property
8.1 Creator materials. Subject only to the licence granted in Section 7.4 and any licence granted under a Licensing Agreement, Creators retain all right, title and interest in and to their Likeness Assets.
8.2 Deliverables. Ownership of Deliverables produced by an Agency vests in the Agency, subject at all times to the Creator's ongoing licence rights and any restrictions in the Licensing Agreement.
8.3 Platform IP. All intellectual property in the Service itself, including software, trade marks, logos, and design elements, is owned by Mylikeness or its licensors and is protected by law. No licence in respect of that intellectual property is granted except as strictly necessary to use the Service.
8.4 Feedback. You grant Mylikeness a perpetual, irrevocable, royalty-free licence to use any feedback, suggestions, or ideas you submit about the Service without restriction or compensation.
9. Payments, Escrow & Fees
9.1 Payment provider. Payments through the Service are processed by Stripe Payments Australia Pty Ltd (‘Stripe’). By transacting on the Service, you also agree to Stripe's Connected Account Agreement and Services Agreement.
9.2 Escrow. Deal funds are held in a payment-account structure maintained by our payment provider (‘Escrow’). Funds are released to the Creator in accordance with the applicable Licensing Agreement and the Service's five-step release flow: (i) proposal accepted, (ii) Deal funded, (iii) Deliverable produced, (iv) Creator approval, (v) release to Creator payout account.
9.3 Platform fees. Mylikeness charges a platform fee on each successfully released Deal (the ‘Platform Fee’). The applicable Platform Fee is disclosed in the Deal summary prior to Agency funding. Payment-processing fees charged by the payment provider are additional and disclosed separately.
9.4 Taxes. Each User is responsible for all taxes, duties, and levies applicable to that User in respect of their use of the Service, other than taxes on Mylikeness's net income. Where required by law, Mylikeness may collect and remit indirect taxes and issue tax invoices.
9.5 Payouts. Creator payouts are made to a Stripe Connected Account nominated by the Creator. Payout timing is subject to the payment provider's standard schedules and may take 2–7 business days.
9.6 Currency. All amounts on the Service are shown in Australian Dollars (AUD) unless otherwise specified. Cross-currency Deals may be subject to conversion fees imposed by the payment provider.
10. Refunds, Chargebacks & Disputes
10.1. A Deal may be cancelled by mutual agreement of the Creator and Agency prior to Deliverable production. In such cases, Escrow funds (less any non-refundable payment-processing fees) are returned to the Agency.
10.2. Where a Creator declines to approve a Deliverable in accordance with the Licensing Agreement or the Acceptable Use Policy, the Agency may (i) revise and resubmit the Deliverable, (ii) request mediation via Mylikeness, or (iii) accept cancellation with Escrow returned less fees.
10.3. Chargebacks initiated in bad faith or in breach of these Terms will be defended and, if reversed, may result in account suspension and recovery of legal costs.
10.4. Consumer guarantees under the Australian Consumer Law that cannot lawfully be excluded remain unaffected by this Section.
11. Content Standards & Moderation
11.1. All Content transmitted through the Service must comply with the Acceptable Use Policy.
11.2. Mylikeness may, but is not obliged to, review, moderate, remove, or refuse to transmit any Content it reasonably determines to be in breach of these Terms or applicable law.
11.3. Mylikeness may withhold or reverse the release of Escrow funds where Content is reasonably suspected of breaching these Terms pending investigation.
12. Prohibited Conduct
You must not, and must not permit any third party to:
- use the Service in breach of applicable law or third-party rights;
- upload, transmit or distribute Content that is unlawful, defamatory, harassing, obscene, or otherwise prohibited under the Acceptable Use Policy;
- impersonate any person or misrepresent your affiliation with any person or entity;
- circumvent, disable, or interfere with security-related features of the Service;
- use automated means (including scrapers or bots) to access, download, or extract data from the Service without our prior written consent;
- solicit Users to transact off-platform to avoid Platform Fees;
- reverse engineer, decompile, or disassemble any part of the Service, except as permitted by mandatory law;
- use the Service to develop, train, or fine-tune any competing product, model, or service.
13. Third-Party Services
13.1. The Service integrates with third-party providers, including Stripe (payments and identity), Resend (transactional email), Google Cloud (address validation), and our hosting provider (Emergent). Your use of those services is also subject to their respective terms.
13.2. Mylikeness is not responsible for the availability, security, or performance of any third-party service, or for any acts or omissions of a third-party provider.
14. Suspension & Termination
14.1. We may suspend or terminate your access to the Service, in whole or in part, at any time and without prior notice where we reasonably consider that: (i) you have breached these Terms; (ii) continued access poses a risk to other Users, third parties, or the integrity of the Service; or (iii) we are required to do so by law.
14.2. You may terminate your account at any time by written request to support@mylikeness.com.au. Termination does not affect accrued rights, executed Licensing Agreements, or ongoing Deals, which continue to be governed by their terms.
14.3. Sections 8, 9, 10, 15, 16, 17, 18, 19 and 21 survive termination.
15. Warranty Disclaimers
15.1. To the maximum extent permitted by law, the Service is provided ‘as is’ and ‘as available’ without warranties of any kind, whether express, implied, statutory, or otherwise, including any warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted access, or accuracy of results.
15.2. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law that cannot lawfully be excluded, restricted, or modified. To the extent our liability can be limited under such law, our liability is limited, at our option, to the resupply of the Service or the payment of the cost of resupply.
16. Limitation of Liability
16.1. To the maximum extent permitted by law, in no event will Mylikeness, its officers, employees, contractors, or licensors be liable for any indirect, incidental, special, consequential, or exemplary damages, or for any loss of profit, revenue, data, goodwill, or business opportunity, arising out of or in connection with the Service, whether based in contract, tort (including negligence), statute, or otherwise, even if advised of the possibility of such damages.
16.2. Subject to Section 15.2, Mylikeness's aggregate liability to any User arising out of or in connection with the Service in any twelve-month period is limited to the total Platform Fees paid by that User to Mylikeness during that period, or AUD $200, whichever is greater.
17. Indemnification
You agree to indemnify, defend, and hold harmless Mylikeness and its officers, employees, contractors, and licensors from and against all claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your breach of these Terms or applicable law; (b) your Content; (c) your use of the Service; or (d) your breach of any Licensing Agreement, except to the extent caused by Mylikeness's fraud, wilful misconduct, or gross negligence.
18. Dispute Resolution
18.1 Good-faith negotiation. In the event of a dispute arising out of or in connection with these Terms, the parties will first attempt in good faith to resolve the dispute through direct negotiation for a period of not less than thirty (30) days.
18.2 Mediation. If the dispute is not resolved through negotiation, either party may refer the dispute to mediation administered by the Australian Disputes Centre in accordance with its Mediation Guidelines.
18.3 Reservation. Nothing in this Section prevents either party from seeking urgent injunctive or equitable relief from a court of competent jurisdiction.
19. Governing Law & Jurisdiction
These Terms are governed by the laws of New South Wales, Australia. Each party submits to the exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from them, subject to any non-waivable jurisdictional rights of consumers under mandatory local law.
20. Changes to these Terms
We may update these Terms from time to time. Material changes will be notified by email to the address associated with your account and/or by prominent notice on the Service at least fourteen (14) days before the changes take effect. Continued use of the Service after the effective date of the changes constitutes acceptance of the updated Terms. If you do not agree, you must cease using the Service before the effective date.
21. General Provisions
Entire agreement. These Terms, together with the documents incorporated by reference and any applicable Licensing Agreements, constitute the entire agreement between the parties in respect of the Service and supersede all prior representations and agreements.
Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions continue in full force and effect.
Assignment. You may not assign or transfer these Terms or any right under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, or by operation of law.
No waiver. No failure or delay by us to enforce any provision of these Terms operates as a waiver of that provision.
Force majeure. We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control.
Notices. Notices must be given in writing to the addresses set out in Section 22. Notices by email are deemed received the next business day.
Relationship. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between the parties.
22. Contact
Mylikeness Pty Ltd
All enquiries — including support, privacy, trust & safety, and appeals — should be submitted via the in-app support flow (Dashboard → Help & Support → Contact) if you have an account, or by email to support@mylikeness.com.au. Please select the appropriate category (privacy, trust & safety, payout & billing, etc.) so your request is routed correctly.