Content and Likeness Policy

FaceNinja turns photos of a real person into a 3D head that looks like them. That is useful, and it can hurt people when it is done without their agreement or used to deceive. This policy says whose face you may use, what you may not do with a head, and what we do about misuse. It applies to everyone who uses FaceNinja: in Factory, through the API, with an AI agent, and with the Creator Kit. The person who uploads the photos is responsible for following it, including for apps and agents acting with their key.

1. Whose face you may use

• Yourself. Your own photos are always fine.
• Another adult, with informed consent. The person must be 18 or older and must have agreed, before you upload, to a 3D head of them being made with FaceNinja and to the uses you have in mind (for example a game character, a film double, a stream avatar). Informed means they understood what is made and how it will be used. Get the agreement in writing (a signed release, or an email or message that says so) and keep it for as long as you use the head.
• Limits of consent. Use the head only within what the person agreed to. If they withdraw their consent, stop using the head and delete it in Factory or through the API.
• Public figures and celebrities (actors, athletes, politicians, streamers, influencers and other well-known people) only with their written permission, or their estate's where the law requires it for a person who has died.
• Never photos of anyone under 18, photos taken from the internet, social media or other public sources without the person's consent, photos taken secretly, or photos you have no right to use.

2. What heads may not be used for

Do not use FaceNinja, or any head, file, character or project made with it, for:

1. Impersonation: pretending to be a real person, or making others believe that a real person said or did something they did not.
2. Misleading deepfakes: realistic depictions of a real person that are likely to mislead the audience about what is real, without clear disclosure (section 3).
3. Fraud and scams: deceiving people for money, data or access, including fake endorsements, fake video calls and getting around identity checks or biometric logins.
4. Harassment: bullying, intimidating, shaming, threatening, defaming or stalking anyone.
5. Sexual or nude content of real people: any sexual, nude or sexually suggestive depiction of a real, identifiable person, even with their consent. [Counsel and operator: whether to allow adult content of consenting adults; the draft forbids it.]
6. Minors: any depiction of a person under 18, and any content that sexualises or endangers children. We report child sexual abuse material to the authorities as the law requires.
7. Political deception: depicting candidates, officials or other people in a way meant to mislead voters or the public, including about elections and voting.
8. Biometric identification or surveillance: using heads or their data to identify, track, profile or monitor people, or to build face recognition or biometric systems.
9. Training on other people's likeness: using heads of other people to train or fine-tune AI models, or to build data sets of faces, without those people's explicit consent to that use.
10. Hate and violence: content that promotes violence or hatred against people because of who they are.
11. Anything unlawful where you, the person shown or your audience are, including breaches of privacy, likeness, personality and publicity rights, and of laws on synthetic media.

3. Telling people when a head depicts a real person

• When content made with a head shows a real, identifiable person in a way an audience could take for a real recording (video, stream, advert, photo), say clearly that it is digitally created, for example "This is a digital likeness of [name], made with their permission".
• Follow the labelling rules of the platforms you publish on (for example rules on altered or synthetic content) and of the law where your audience is.
• Do not remove or hide labels, watermarks or provenance information that tools add to show that content is synthetic (for example the inaudible watermark on cloned voices in the Creator Kit).
• Original characters and synthetic faces that show no real person need no disclosure under this policy.

4. Voices (Creator Kit)

Clone only your own voice, or the voice of a person who agreed in writing. Do not imitate the voice of a celebrity, a streamer or anyone else. Paid voice services you connect have their own rules, which you must follow too.

5. Examples of what is fine

• Your own face as a game character, a VTuber avatar or a stand-in for previsualisation.
• An actor's head for a film, game or ad, under a release that covers digital doubles.
• Heads of employees or volunteers for training videos or simulations, with each person's written consent.
• Synthetic people (generated faces that show nobody real) for any lawful purpose.

6. What we do

• Photos may be checked automatically before a head is made, for example for the number of faces, whether the photos show the same person, and content that is not allowed. These checks catch some problems, not all; passing them does not mean a photo or a use is allowed.
• We may refuse or stop a head, delete photos, heads and files, revoke API keys, and suspend or close accounts that break this policy, and report content to the authorities where the law requires or allows it (section 12 of the Terms).
• We keep a record of the attestation given for each head (which text, which version and when), and records of reports and what we did about them, as evidence.

7. Reporting misuse

If you see a head or content made with FaceNinja that shows you, or someone you represent, without consent, or that breaks this policy:

1. use the contact form (topic "Misuse of a face") or write to support@faceninja.net;
2. tell us where you saw it (links or screenshots), and, if you know them, the head id or the account;
3. tell us how we can reach you, and whether you are the person shown or act for them.

You do not need a FaceNinja account. We may ask for information to confirm the report, for example that you are the person shown. When the report holds up we delete the head, its photos and files, and may suspend the account that made it. We cannot remove copies that someone already downloaded and published elsewhere; for those, contact the platform where they appear (we can confirm to that platform what we did). [Counsel: target response times, and what we tell the reported account.]