Last updated: January 10, 2025
These Terms and Conditions ("Terms" or “Agreement”) govern the relationship between EDEN AI by EVA AI ("We," "Us," or "Our") and the Creator ("You" or "Creator"), which refers to both the Models ("Models") who directly upload their digital content and the Agencies uploading digital content on behalf of the Models to Our website https://creator.edenai.world/ ("Website" or "Platform") for the creation of a digital duplicate ("Digital Duplicate").
1. Agreement and Scope
1.1 Acceptance of Terms:
By registering on Our Website, you acknowledge and agree to be bound by these Terms. If you do not agree, you must not use our Platform or services.
1.2 Grant of License:
By uploading photos and videos ("Content") to Our Platform, you grant us a non-exclusive, worldwide license to use the Content for the creation of a Digital Duplicate, advertising purposes, and other business-related activities. In consideration for this license, you receive revenue share as detailed below.
1.3 Editing Rights:
We reserve the right to edit, alter, copy, exhibit, publish, distribute, or otherwise use the Digital Duplicate. Additionally, we reserve the right to use the uploaded Content and Digital Duplicate to train, improve, and develop our artificial intelligence models and related technologies. However, we ensure the Content will not be used in a way that harms the Model's reputation or dignity.
2. Creator Responsibilities
2.1 Lawful Content:
You are responsible for ensuring that all Content uploaded to Our Platform complies with applicable laws, does not violate intellectual property rights, and does not contain inappropriate or unlawful material.
2.2 Consent and Permissions:
You warrant that you either have the necessary legal grounds yourself or have obtained them from the Models for the use of their likeness, image, voice, and personal data in the creation of the Digital Duplicate.
2.3 Sufficient Content Submission:
You agree to upload sufficient and non-duplicative content to Our Platform within the specified timeframe to create the Digital Duplicate. This includes a minimum of 250 media files per month for a period of three months, comprising at least 135 photos and 115 videos per Model each month.
2.4 Confidentiality:
You shall maintain confidentiality regarding any information obtained from Us during this engagement.
2.5 Legal Compliance:
You are responsible for ensuring that all documentation required to verify the identity of the Models is accurate and complies with legal standards (e.g., 18 U.S.C. §2257).
3. Violation of Terms
3.1 Consequences of Violations:
If you violate these Terms, including uploading unlawful or unconsented Content, we reserve the right to:
- Suspend or terminate your account
- Remove any offending Content
- Pursue legal remedies where appropriate
3.2 No Refunds Upon Termination:
In the event of account termination due to violations, you will not be entitled to any refunds or compensation.
4. Our Responsibilities
4.1 Creation of Digital Duplicates:
We will generate the Digital Duplicate using the uploaded Content and launch it within two weeks after all the required Content is received and we have approved the Digital Duplicate.
4.2 Revenue Sharing:
You will receive 80% of the revenue generated by the Digital Duplicate, calculated after deducting any fees or commissions applied by third parties, such as the App Store, Google Play, or other applicable platforms or service providers (if applicable).
5. Fees and Payments
5.1 Payment Schedule:
Payments will be made within 15 business days after the end of each calendar month.
5.2 Revised Fees:
We reserve the right to revise fees with 10 days’ written notice, except during the first year after the Duplicate has been launched, when fees remain fixed.
6. Intellectual Property
6.1 Ownership:
All Digital Duplicates and associated intellectual property are owned by Us.
6.2 Assignment of Rights:
You waive all moral rights and agree to assist in transferring any additional rights necessary to confirm Our ownership.
7. Warranties and Indemnifications
7.1 Creator Warranties:
You represent and warrant that you have the authority to grant us the rights to the Content and that the use of the Content does not infringe any third-party rights or applicable laws.
7.2 Indemnification:
You agree to indemnify us against any claims, lawsuits, or losses arising from breaches of these Terms, including claims from Models or third parties.
8. Termination
8.1 Term and Renewal:
These Terms remain effective until terminated.
8.2 Post-Termination Rights:
Upon termination, we retain the right to use the Digital Duplicates and revenue sharing will continue. However, the Model is no longer required to promote the Digital Duplicate.
8.3 Content Removal Requests:
You may request the removal of uploaded content by submitting a written notice. The Content will be removed within 30 days, provided such removal does not conflict with any legal obligations or the terms of this Agreement. Please note that the created Digital Duplicate, which does not retain personal identifiers linked to the original content, will remain active and continue to be used as per the terms agreed upon.
9. Confidentiality
Both Parties agree to keep all confidential information private and not disclose it without prior written consent, except as required by law.
10. General Provisions
10.1 Applicable Law and Disputes Resolution:
All disputes arising out of or in connection with this Agreement shall be settled by means of negotiations between the Parties.
The terms of this Agreement shall be governed by the laws of the state of New York.
11. Acceptance
By registering on Our Website and uploading the Content, you acknowledge that you have read, understood, and agree to these Terms and Conditions.