1. Purpose
This agreement governs any content that includes the image, likeness, or strong resemblance of a real, identifiable person ("Third Party"). It exists to ensure no real person's likeness is used without their informed, verifiable consent.
2. Default position: real-person likeness is blocked
Hypemax's systems are designed to block the use of a real person's photo or likeness to generate sexual or explicit content. Our reference-image checks reject uploads that are not confirmed to be AI-generated. You may not attempt to circumvent these controls.
3. If real-person likeness is ever permitted
Where use of a Third Party's likeness is permitted, you must obtain and retain, for each such person:
- A signed model release / consent form authorizing the specific use of their image/likeness
- Proof of age (government-issued ID) confirming the person is 18 or older
- Records sufficient to identify the person and the content the consent covers
4. Record retention & production
You must maintain these records and provide them to Hypemax within five (5) business days of a request. Failure to provide satisfactory documentation will result in immediate removal of the content and may result in suspension or termination.
5. No consent = violation
If a record of consent cannot be established, content that includes a real person's image or strong likeness, including deepfake content, is in violation of Discover, Visa, and Mastercard requirements and this agreement, and must not be published or must be removed immediately.
6. Disputes
If you dispute an assertion that consent is not valid, you agree to allow the dispute to be resolved by a neutral body at your expense. Discover, Visa, and Mastercard consider a neutral arbitrator to be an acceptable neutral body.
7. No minors
Consent is never a defense for content depicting or implying a minor. Such content is prohibited in all circumstances and is reported to NCMEC.