Creator Likeness and Platform Agreement

1. Eligibility and voluntary consent

1.1 The Creator confirms that they are at least 18 years old, have legal capacity, are acting voluntarily and have had the opportunity to ask questions and obtain independent advice. Joining HyperKnown is optional. Declining or withdrawing future marketplace consent will not affect unrelated services.

1.2 The Creator specifically consents to Pylon collecting and using submitted photographs, video, voice, performance, profile information and identity-verification results for the purposes described in this Agreement and the Privacy Notice, including the creation, training, retention and commercial licensing of an AI Character under clause 3. Identity verification may involve facial comparison and sensitive information processed by the disclosed verification provider. The Creator will receive a provider notice and may request a reasonable manual alternative where practicable.

2. Creator materials

2.1 Creator Materials are items the Creator submits or authorises, including profile photos, selfie video, voice samples, reference material, portfolio, biography, restrictions and approved project recordings. Where the Creator opts in to connect a social media or content platform account, including Instagram, TikTok, YouTube and any other account the Creator nominates (each a Linked Account), Creator Materials also include the content published on, or made accessible to Pylon through, that Linked Account, including images, video, audio, captions, metadata and profile information of the Creator contained therein (Linked Account Content). The Creator authorises Pylon to access, collect, store, reproduce, analyse, process and train on Linked Account Content for the purposes set out in clause 3, including to build a more complete AI Character of the Creator. The Creator may disconnect a Linked Account at any time through account settings. Disconnection stops further collection after a reasonable technical period but does not affect Creator Materials already collected, any AI Character already built or trained, or any licence already granted. The Creator retains ownership of Creator Materials.

2.2 The Creator warrants that, for all Creator Materials and all Linked Account Content, they either own all necessary rights or have obtained all consents, licences and permissions required to grant the rights in this Agreement, including from any photographer, videographer, producer, label, co-performer, brand or other person who holds rights in, or appears in, that content, and that Pylon’s access to and use of that content will not breach the terms of the relevant platform or any third-party right. The Creator warrants that they own or control necessary rights, have disclosed any co-owner, representative, union, exclusivity or contractual restriction, and will not submit another person’s identity, likeness, voice or work without authority. The Creator must promptly notify Pylon if any of these warranties ceases to be true, and must identify the affected material. Pylon may remove or quarantine affected material and suspend training or licensing of the affected AI Character. To the extent permitted by law, the Creator indemnifies Pylon against loss, claims and reasonable costs arising from a breach of these warranties, other than to the extent the loss was caused by Pylon.

3. Exclusive platform licence

3.1 The Creator grants Pylon an exclusive licence to administer and license AI-generated commercial uses of the submitted Creator Materials through HyperKnown while the Creator participates in the marketplace. The licence covers hosting, technical preparation, profile presentation under the Creator’s publication settings, private casting previews, and administration of project approval, production, delivery and payment. The licence also covers creating, training, refining, versioning, storing and maintaining one or more artificial-intelligence models, avatars or digital replicas of the Creator built from Creator Materials and Linked Account Content (each an AI Character), and generating synthetic image, video, audio, movement and performance outputs from an AI Character (Outputs) for uses licensed under this Agreement. The Creator must not grant a conflicting AI licence over those same materials during this period. Existing commitments disclosed before acceptance are excluded. The Creator retains ownership of their identity and materials and may undertake ordinary personal, editorial and live-performance work, subject to any expressly approved project exclusivity. To the extent permitted by law, the Creator consents to acts or omissions that would otherwise infringe their moral rights in Creator Materials and Outputs, including not being identified as the performer and any alteration, adaptation or combination of Outputs made within a licensed use. The Creator also grants Pylon a non-exclusive licence to use the Creator’s name, likeness, AI Character and Outputs to promote and demonstrate HyperKnown, including in showreels, case studies and sales material, on a royalty-free basis.

3.2 Public commercial use requires a separate project brief that the Creator accepts and signs and the advertiser, client or other person commissioning the use (a Brand) funds. Private casting, previews and technical evaluation before a booking or payout do not earn a separate fee unless commissioned as paid work or required by law. A paid audition requires its own agreed fee and scope before work begins. Pylon does not promise a booking or income.

3.3 Pylon may create, train, refine, store and retain a persistent AI Character of the Creator, including reusable face, body, movement and voice models and the technical representations needed to operate them, and may use Creator Materials and Linked Account Content to train, evaluate and improve Pylon’s models, systems and tooling. This grant does not permit resale of raw Creator Materials as standalone assets. Every Output remains subject to the restrictions in clause 7, whether generated for an approved project or under a Licence Programme. Named suppliers may process materials only as authorised for an approved project under equivalent confidentiality, security and use restrictions.

3.4 Pylon may grant sublicences of an AI Character and its Outputs to Brands, creative and media agencies, production companies and their respective affiliates, suppliers, distributors and media partners, for use as virtual talent, performers or extras in advertising, promotional, branded-content, point-of-sale, internal, training and other commercial material, in all media, formats, platforms and channels now known or later developed, worldwide, and may authorise them to reproduce, edit, adapt, composite, dub, translate, localise, resize, caption and distribute Outputs. Each sublicence is limited to the scope, territory, duration and creative context the Creator has approved under clause 5 or opted in to under clause 6, and is subject to clause 7.

3.5 Pylon may assign, novate, transfer, charge, securitise or otherwise deal with this Agreement, the exclusive licence and any AI Character, in whole or in part, to an affiliate or to a successor in connection with a group reorganisation, financing, joint venture, merger, acquisition or sale of all or part of the HyperKnown business, and may perform any of its obligations through affiliates, subsidiaries, branches or subcontractors in any jurisdiction. The Creator has no right to consent to, approve, condition or object to a dealing under this clause, and the Creator may not assign or transfer this Agreement or any right under it. An assignee of the Agreement as a whole assumes Pylon’s payment, privacy, security and use obligations, and Pylon will notify the Creator of that assignment. The transfer does not extend the scope or term of any grant, remove restrictions or erase accrued earnings.

4. Profile publication and control

4.1 The Creator selects whether the profile is private, discoverable to approved brands or publicly visible. Public profile information may be copied or indexed despite protective measures. Pylon will provide controls to unpublish the profile and request deletion. Unpublishing stops new marketplace presentation after a reasonable technical period but does not invalidate an existing licence or remove lawful evidence.

5. Project-specific approval

5.1 Except for a use falling within a Licence Programme the Creator has opted in to under clause 6, every proposed use requires a separate request showing at least:

(a) brand legal identity and beneficiary;

(b) general products and creative context;

(c) production method, including any synthetic-media technique;

(d) channels, start date and duration;

(e) editing, translation and exclusivity terms;

(f) platform fee;

(g) withdrawal, correction, dispute and expiry terms.

5.2 A public profile, a previous approval or acceptance of these platform terms is not project approval.

5.3 The Creator may accept or decline the proposed brief and general script; the Creator has no right to rewrite them. Acceptance and signature commit the Creator to compliant production and use for the funded term. A conforming final asset does not require a second creative approval. A new or materially changed brief must be offered for fresh acceptance or decline before that changed use begins. Reporting identity misuse or a departure from the accepted brief remains available.

6. Opt-in licence programmes

6.1 Pylon may offer standing licence programmes that a Creator may choose to opt in to (each a Licence Programme). Before opt-in, Pylon will disclose the category of permitted uses, any excluded uses or restrictions, the fee or fee share payable to the Creator, the term, the territory and how to opt out. The first Licence Programme is the Background Extra Programme, covering non-speaking background, crowd and incidental “extra” appearances in commercial and promotional material.

6.2 Where the Creator has opted in to a Licence Programme, uses within that programme do not require project-by-project approval and clause 5 does not apply to them. The opt-in is the Creator’s approval for every use within the programme, and the Creator is entitled to the disclosed fee or fee share for those uses on the payment terms in clause 8.

6.3 The Creator may opt out of a Licence Programme at any time through account settings. Opting out stops new uses being licensed under the programme after a reasonable technical period. It does not withdraw approval for, vary or otherwise affect any use, licence, campaign or production already licensed, commissioned or in production under the programme before the opt-out takes effect, and the Creator cannot afterwards withdraw approval for those uses, including where the Creator changes their mind about the use, the Brand or the creative context. Those uses continue for their licensed scope and term and the Creator remains entitled to the associated fees.

6.4 Clause 7 continues to apply to every Licence Programme use, and a Licence Programme does not authorise a speaking role, endorsement or featured appearance unless the programme expressly says so.

7. Restrictions and prohibited use

7.1 The Creator may record standing restrictions in their profile and project-specific restrictions. Regardless of a request, no party may use Creator Materials to create pornography, sexual services, political persuasion, hate or harassment, fraudulent identity, unlawful discrimination, weapons promotion, unsubstantiated medical or financial claims, or an implication that the Creator personally uses or endorses something outside the approved script and context.

7.2 No licence permits sublicensing except as expressly permitted by clause 3, and to production, hosting, agency and media suppliers acting for an approved project or a Licence Programme use and bound to equivalent restrictions. Raw identity documents are never Creator Materials licensed to a brand.

8. Earnings and representatives

8.1 Before approval, the Creator will see the currency, the talent fee, any permitted deductions and the expected release window. The gross licence fee a Brand pays for each licensed use is made up of the Creator’s talent fee and Pylon’s commission. The Creator’s share is 100% of the agreed talent fee. Pylon’s commission is charged to the Brand in addition to the talent fee and is never deducted from it. The signed project agreement controls the exact amounts. Pylon will not reduce a creator share after project approval except for an itemised refund, dispute, reversal, withholding or deduction expressly permitted by the Agreement or law.

8.2 The Creator is responsible for accurate payout and tax information. A representative commission is permitted only under an active, recorded authority. Total representative commission is subject to platform safeguards and cannot be added without Creator visibility.

8.3 The Creator’s share under clause 8.1 applies only to the gross licence fee a Brand pays for a licensed use of that Creator’s AI Character or Outputs. Pylon retains for its own account, and the Creator has no claim to, all other revenue Pylon earns, including subscription, membership, listing, access, minimum-commitment, retainer, platform, technology, hosting, service, rush, production, post-production, editing, localisation, marketing, sponsorship, advertising, referral, introduction, agency, casting, cancellation, abort and break fees, amounts for services Pylon performs itself, interest, foreign-exchange gains, and revenue derived from de-identified or aggregated data, in each case to the extent not attributable to a licensed use of that Creator’s AI Character or Outputs.

8.4 Where a Brand pays a single bundled or blended amount covering more than one Creator, or covering both licensed use and other products or services, Pylon will allocate a gross licence fee to each licensed use on a reasonable and consistent basis, and only the amount so allocated is subject to clause 8.1. Pylon will disclose the allocated gross licence fee for a use before the Creator approves it or, for a Licence Programme use, in the programme’s reporting.

8.5 Pylon bears its own costs of building, marketing and operating HyperKnown, including sales, client-acquisition, legal, compliance and technology costs, and those costs are not deducted from the Creator’s share. Clause 8.3 does not permit Pylon to characterise as another form of revenue an amount that is in substance a licence fee for a licensed use of that Creator’s AI Character or Outputs.

9. Identity, privacy and security

9.1 Pylon uses identity verification, currently provided by Stripe, to confirm adulthood, reduce impersonation and support payments. At onboarding the Creator must complete verification to the Australian 100-point identification standard and must give accurate and current identity information. Pylon may change verification provider on notice, and may require re-verification where the Creator’s information changes, a payout is disputed or risk is detected. Pylon intends to store only the provider reference, result, minimum verified attributes and audit evidence, and not raw identity documents. Face, voice and movement models built for an AI Character are held under clause 3 and the Privacy Notice and do not form part of identity-verification records. The Privacy Notice describes providers, overseas handling, retention and rights.

9.2 The Creator must protect account credentials and promptly report unauthorised access. Pylon may pause sensitive actions and require re-verification where risk is detected.

10. Ending participation and active commitments

10.1 The Creator may stop future marketplace presentation and decline future projects through account settings or privacy@hyperknown.ai. This does not cancel an accepted, signed and funded project or its exclusive licence. Removal, suspension, deactivation or deletion of the Creator’s account, whether at the Creator’s request or by Pylon, does not affect any project, licence, sublicence or Licence Programme use agreed, commissioned or in production before the removal takes effect. Those licences continue for their approved scope, territory and term, Pylon and its sublicensees may continue to use and generate Outputs from the AI Character to the extent necessary to service them, and accrued payments remain due to the Creator. The Creator cannot withdraw their likeness from compliant production or campaign use during the term they approved, including where their bank payout has not yet settled. Withdrawal from future use takes effect without extending an existing project or creating renewal rights.

10.2 Representation disputes, incapacity or death do not create a contractual right to rescind a compliant approved project. Existing funded rights continue only within the scope and term already approved. On notice of death or incapacity, Pylon stops new discretionary bookings and checks representative authority. The account may remain restricted for administration of existing projects and then close after the last committed term; necessary contract, payment and dispute evidence may remain. No new performance outside the accepted brief, renewal or extended term is authorised by death or silence. Accrued payments remain due to the lawful recipient.

10.3 The Brand must stop unlawful or materially out-of-scope use. Nothing prevents a safety report, a remedy for breach or a right that cannot lawfully be excluded. Ending an account, applying a technical hold and terminating a contractual licence are distinct actions.

10.4 Creator Materials, Linked Account Content and any AI Character will be deleted, disabled or de-identified under the retention schedule, subject to active licences and Licence Programme uses, accounting and dispute records, backups and legal holds. Retained material is restricted from unrelated use.

11. Independent participation and Pylon’s responsibility

11.1 This Agreement does not create employment, a partnership or authority for the Creator to bind Pylon. The exclusive AI-materials licence in clause 3 and any signed campaign exclusivity still apply.

11.2 Pylon will use reasonable care to present the information provided and provide casting and platform services. Pylon does not guarantee bookings, a Brand’s campaign results or the accuracy of information a party supplies. Each party is responsible for its own materials and conduct. Pylon is not liable for a Brand’s independent misuse or a Creator’s misrepresentation to the extent Pylon did not cause or contribute to the loss. Nothing excludes liability that cannot lawfully be excluded, or Pylon’s accrued payment obligations, fraud or wilful misconduct.

11.3 HyperKnown, the marketplace and all platform features are provided on an “as is” and “as available” basis. Pylon may modify, suspend, withdraw or discontinue any feature, Licence Programme or part of the marketplace at any time, and does not warrant uninterrupted or error-free operation.

11.4 To the fullest extent permitted by law, neither party is liable to the other for indirect, consequential or special loss, or for loss of profit, revenue, opportunity, goodwill, reputation or anticipated bookings, however arising. This does not limit the Creator’s indemnity in clause 2.2 or either party’s accrued payment obligations.

11.5 To the fullest extent permitted by law, Pylon’s total aggregate liability to the Creator for all claims arising out of or in connection with this Agreement, whether in contract, tort (including negligence), under statute or otherwise, is limited to the total platform fees Pylon retained in respect of that Creator in the 12 months before the first event giving rise to the claim.

11.6 Where liability for a failure to comply with a consumer guarantee can lawfully be limited but not excluded, Pylon’s liability is limited, at Pylon’s option, to supplying the relevant services again or paying the cost of having them supplied again.

11.7 The Creator must notify Pylon in writing of any claim within 12 months after the Creator first becomes aware of the facts giving rise to it, and to the extent permitted by law a claim not notified within that period is waived.

12. Complaints, governing law and mandatory rights

12.1 Concerns may be sent to support@hyperknown.ai, privacy matters to privacy@hyperknown.ai and legal notices to legal@hyperknown.ai. Nothing excludes non-excludable rights under the Australian Consumer Law, Privacy Act or other applicable law. This Agreement is governed by the law of New South Wales, Australia. Before starting proceedings, a party must notify the other of the dispute and the parties must attempt in good faith to resolve it for 30 days, except where urgent interlocutory or injunctive relief is sought or a limitation period is about to expire. The Creator submits to the exclusive jurisdiction of the courts of New South Wales for any proceedings the Creator brings, and Pylon may bring proceedings to restrain misuse of an AI Character, Outputs or its intellectual property, or to enforce a judgment, in any court of competent jurisdiction. Nothing in this clause limits a right, complaint pathway or tribunal process that cannot lawfully be excluded.

13. Electronic execution

13.1 The Creator consents to electronic delivery, attribution and signature records. The signature record must bind the Creator identity, agreement version, SHA-256 digest, timestamp and provider event. The Creator should download a completed copy.

14. Changes to this Agreement

14.1 Pylon may issue an updated version of this Agreement from time to time, including to reflect new Licence Programmes, platform features, supplier or technology changes, or legal requirements. Pylon will notify the Creator at their registered email address and in their HyperKnown account at least 14 days before the updated version takes effect, and will make the updated version and a plain summary of the material changes available in the account.

14.2 The updated version applies to the Creator from its stated effective date unless, before that date, the Creator notifies Pylon through account settings or legal@hyperknown.ai that they do not accept it. A Creator who does not accept an updated version continues under the version they last accepted for any licence, project or Licence Programme use then on foot. In that case Pylon may stop presenting the Creator’s profile for new marketplace opportunities and may decline to offer new projects, and the Creator may withdraw from the marketplace under clause 10 without penalty or fee.

14.3 An updated version applies only to uses licensed on or after its effective date. It does not vary, reduce or terminate any licence, project, opt-in, approved use or accrued payment entitlement already in place under an earlier version, and does not retrospectively change the scope of a use already approved. Each version is separately identified by version number and SHA-256 digest under clause 13, and Pylon will retain the version history.

15. General

15.1 Pylon may operate HyperKnown and perform this Agreement through its affiliates, subsidiaries, branches, subcontractors and service providers in any country, and may establish or transfer operations to local entities. Pylon may host, transfer and process Creator Materials, Linked Account Content, AI Characters and Outputs in any country in which it or its suppliers operate, subject to the Privacy Notice and applicable law, and may license Outputs in any territory.

15.2 This Agreement, the Privacy Notice, each signed project agreement and each Licence Programme opt-in are the entire agreement between the parties on their subject matter and supersede earlier discussions. The Creator has not relied on any statement, estimate, projection or forecast of earnings, bookings or demand that is not set out in this Agreement. Nothing in this clause limits liability for fraud or any non-excludable right.

15.3 If a provision of this Agreement is or becomes unenforceable, it is to be read down to the minimum extent necessary to make it enforceable or, if that is not possible, severed, and the rest of the Agreement continues in force.

15.4 A failure or delay in exercising a right does not waive it, and a single or partial exercise does not prevent a further exercise. A waiver is effective only if given in writing.

15.5 Notices to the Creator may be given by email to the registered account address or by message in the HyperKnown account, and are taken to be received on the day sent unless a delivery failure is received. Notices to Pylon must be sent to legal@hyperknown.ai.

15.6 Brands, sublicensees, suppliers and Pylon’s affiliates may rely on and enforce the licences, consents, waivers, releases and restrictions expressly given for their benefit under this Agreement. No other person has rights under this Agreement.

15.7 The Creator must promptly provide any confirmation, consent, release, declaration or document Pylon reasonably requires to evidence or perfect the rights granted under this Agreement, including for a Brand, platform, insurer, union, guild or regulator. If the Creator does not do so within 10 business days of a written request, the Creator irrevocably appoints Pylon as the Creator’s attorney to sign that document on the Creator’s behalf, solely to give effect to rights the Creator has already granted or approved.

15.8 Neither party is liable for a failure or delay caused by an event beyond its reasonable control, including outage, network or supplier failure, cyber-attack, natural disaster, industrial action, epidemic, war or government action. Accrued payment obligations are not suspended.

15.9 Clauses 2.2, 3, 6.3, 7, 8, 10, 11, 12 and 15, and every licence granted before the Creator’s participation ends, survive the end of that participation.

15.10 The Creator warrants that the Creator is not subject to applicable sanctions or export-control restrictions. Pylon may decline, suspend or modify a use, profile or payment where necessary to comply with sanctions, export-control, advertising, AI-disclosure, tax or platform rules in any territory, or where required by a court, regulator or payment provider.

15.11 Headings do not affect interpretation, “including” and similar words are not words of limitation, and no rule of construction applies to the disadvantage of a party because that party prepared this Agreement.