Terms of Use — Lyw

Version 1.0 Last updated: 19 June 2026

Preamble

The company Lyw operates an online platform (hereinafter the "Platform") accessible at https://lyw.studio that connects, on the one hand, adult natural persons wishing to assign their image rights in an advertising and commercial context (hereinafter the "Talents") and, on the other hand, professionals (production agencies, creative agencies, brands, studios, freelancers, etc.) wishing to acquire those rights for their campaigns (hereinafter the "Creators").

The purpose of these Terms of Use (hereinafter the "Terms of Use") is to define the terms and conditions of access to and use of the Platform. The financial terms of the transactions concluded via the Platform are governed by the Terms of Sale ("Terms of Sale"), a separate document accessible from the Platform.

Registration and use of the Platform constitute full and unreserved acceptance of these Terms of Use.

Article 1 — Legal information

1.1 Publisher

Company name: LYW Legal form: Simplified joint-stock company (SAS) Share capital: €2,000 Registered office: 61 rue Rossini, 06000 Nice, France RCS: Nice 105 173 504 SIRET: 105 173 504 00017 Intra-EU VAT number: FR88105173504 Publication director: Joan AMSELLEM Contact email: support@lyw.studio

1.2 Host

Application host: Vercel Inc. — 440 N Barranca Ave #4133, Covina, CA 91723, United States Database and file storage host: Supabase Inc. — 970 Toa Payoh North #07-04, Singapore 318992 Payment provider: Stripe Payments Europe, Ltd — The One Building, 1 Grand Canal Street Lower, Dublin 2, Co. Dublin, D02 H210, Ireland Transactional email provider: Resend, Inc. — 2261 Market Street #5039, San Francisco, CA 94114, United States

Article 2 — Definitions

Terms beginning with a capital letter in these Terms of Use have the following meaning:

"Platform": the website and all the services operated by Lyw, accessible at https://lyw.studio.
"User": any person accessing the Platform, whether or not they hold an Account.
"Talent": an adult natural person registered on the Platform as a Talent, who offers their image rights for advertising or commercial campaigns.
"Creator": a professional (legal entity or natural person) registered on the Platform as a Creator, who publishes campaigns and proposes image rights assignment contracts to Talents.
"Account": the secure personal area created upon registration, allowing the User to access the Platform's features corresponding to their status.
"Campaign": an announcement published by a Creator via the Platform, describing a project for which they are seeking a Talent.
"Application": the act by which a Talent expresses their interest in a Campaign published by a Creator.
"Assignment Contract": an image rights assignment contract concluded directly between a Talent and a Creator, formed via the Platform.
"Services": all the features offered by the Platform.

Article 3 — Purpose of the Platform

The Platform offers the following Services:

Matchmaking between Talents and Creators with a view to concluding Image Rights Assignment Contracts.
Publication by Creators of Campaigns describing an advertising project, its characteristics (exploitation term, territory, media, sectors, exclusivity, AI use, etc.) and the proposed remuneration.
Talent search by Creators based on physical and declared criteria.
Internal messaging allowing Talents and Creators to communicate.
Assisted generation of Assignment Contracts from the parameters entered in an ergonomic assistant.
Securing of payment: Lyw, via the authorised services of Stripe Connect, secures the payment made by the Creator and triggers, as soon as the Assignment Contract is concluded, the immediate transfer of the remuneration owed to the Talent to their Stripe Connect account. Lyw collects on its own behalf only its matchmaking commission and the corresponding VAT. The detailed terms appear in the Terms of Sale.
Retention of the signed Assignment Contracts and the associated supporting documents within each party's Account.

Article 4 — Acceptance of the Terms of Use

Access to the Platform implies full and unreserved acceptance of these Terms of Use and of the Terms of Sale by any User. Upon registration, the User ticks a box attesting to this acceptance. This acceptance is a condition of access to the Services.

Lyw reserves the right to amend the Terms of Use at any time. Substantial amendments will be notified to registered Users by email and by a conspicuous notice on the Platform, at least thirty (30) days before they take effect. Continued use of the Platform after this period constitutes acceptance of the new Terms of Use.

Article 5 — Registration and User Account

5.1 General registration conditions

Registration on the Platform is free. To be able to register, the User must:

be an adult natural person (at least 18 years old at the date of registration) or a duly registered legal entity;
have full legal capacity;
provide accurate, complete and up-to-date information;
accept these Terms of Use and the Terms of Sale.

5.2 Registration as a Talent

Registration as a Talent is reserved for adult natural persons acting in a personal capacity. To date, the Platform does not allow the registration of Talents acting in a professional capacity (sole trader, company, etc.): this option will be the subject of a future development.

The Talent must in particular:

prove their identity as part of a KYC ("Know Your Customer") procedure operated by Stripe;
enter accurate physical information (height, hair and eye colour, etc.) for the purpose of being listed by Creators;
upload photographs to which they hold all the rights or which they are authorised to use on the Platform;
provide their bank details via Stripe Connect in order to receive the remuneration owed under the Assignment Contracts.

5.3 Registration as a Creator

Registration as a Creator is reserved for professionals (legal entities or natural persons acting in a professional capacity). The Creator must:

prove their legal existence as part of a KYB ("Know Your Business") procedure operated by Stripe;
enter an accurate company name or trade name;
specify their type of activity (production agency, creative agency, brand, photo studio, freelancer, etc.);
accept the specific obligations applicable to Creators.

5.4 Identity verification (KYC / KYB)

Access to certain features, in particular the conclusion of Assignment Contracts and the receipt or sending of payments, is subject to the verification of the User's identity. This verification is operated by Stripe Payments Europe, Ltd, acting as an authorised payment service provider. Users are invited to refer to the Stripe Connect general conditions for the details of this procedure.

Lyw does not have access to all the data collected by Stripe as part of the KYC/KYB procedure. Lyw receives only the information strictly necessary for the performance of its Services (verification status, declared data shared by the User).

5.5 Credentials and confidentiality

The User is solely responsible for the confidentiality of their credentials (email and password or magic link). Any operation carried out from a User's Account is presumed to have been carried out by them. In the event of suspected fraudulent use, the User must immediately inform Lyw by email at support@lyw.studio.

5.6 Uniqueness of the Account

A User may hold only one Account per status (a single Talent Account, a single Creator Account). The creation of multiple Accounts is prohibited and constitutes grounds for immediate suspension.

Article 6 — General undertakings of the User

Each User undertakes to:

Use the Platform in good faith and in accordance with its intended purpose;
Provide accurate information and keep it up to date;
Comply with all applicable laws and regulations, in particular those relating to intellectual property, image rights, the protection of personal data, employment law and tax law;
Not infringe the rights of third parties;
Not distribute any unlawful, defamatory, insulting, racist, sexist, homophobic, transphobic, pornographic content or content that undermines human dignity;
Not attempt to circumvent the Services offered (in particular the securing of payment via Stripe);
Not use the Platform for the purposes of abusive solicitation, spam or commercial canvassing unrelated to its purpose;
Respect the confidentiality of the information shared by other Users.

Article 7 — Obligations specific to Talents

In addition to the general undertakings, the Talent specifically undertakes to:

Guarantee the accuracy of their declared physical characteristics.
Guarantee that they hold all the rights to the photographs uploaded to the Platform and that no third party (in particular a photographer, agency or prior rights holder) can object to their distribution on the Platform.
Conclude the Assignment Contract only after having read and understood its essential clauses: exploitation term, territory, media, sectors, exclusivity, remuneration.
Comply with their contractual commitments towards the Creator (in particular any sectoral exclusivity accepted).
Declare to the competent authorities the sums received in accordance with their tax and social situation.
Not engage in off-Platform solicitation of the Creators met via the Platform, with a view to circumventing the Lyw commission, during the registration period and for the twelve (12) months following the termination of the Account.

Article 8 — Obligations specific to Creators

In addition to the general undertakings, the Creator specifically undertakes to:

Guarantee the accuracy of their legal status and their professional information;
Faithfully describe their Campaigns (in particular the real identity of the final client or its explicit anonymisation, the sector concerned, the exact nature of the planned exploitation);
Comply with the scope of the exploitation authorisation granted by the Talent (term, territory, media, sectors) and not exceed this scope without a new agreement;
Pay in full and on time the sums due under the Assignment Contracts concluded via the Platform;
Not contact a Talent off-Platform with a view to concluding an assignment that could have been carried out via the Platform, for the entire registration period and for the twelve (12) months following the termination of the Account;
Respect the moral rights of the Talent (in particular respect for the integrity of the image, non-association with a context likely to harm their reputation).

Article 9 — Content uploaded by Talents (photographs)

9.1 Licence granted to Lyw

By uploading photographs to the Platform, the Talent grants Lyw, on a non-exclusive and free-of-charge basis, a licence to use the said photographs solely for the purposes of:

display on the Platform, including in its public catalogue accessible to anyone, under the conditions of article 9.3;
generation of thumbnails, previews and resized formats necessary for the technical operation of the service;
presentation as part of the search and matchmaking features.

This licence is granted for the duration of the Talent's registration and ends automatically upon the deletion of the Talent's Account, subject to the legal retention obligations incumbent on Lyw.

9.2 Moderation

Lyw reserves the right, without any obligation to give reasons, to remove any photograph that would contravene these Terms of Use, the law, or that would be the subject of a legitimate report by a third party.

9.3 Visibility of photographs and the Talent's image rights

The photographs uploaded by the Talent to the Platform are displayed in the public catalogue of the Platform, accessible to anyone, including unregistered visitors.

BY ACCEPTING THESE TERMS OF USE UPON REGISTRATION, THE TALENT EXPRESSLY CONSENTS TO THEIR PHOTOGRAPHS BEING DISPLAYED IN A PUBLIC AREA OF THE PLATFORM — in particular the public catalogue, a showcase, a public portfolio, a presentation page or Lyw's marketing communications (social media, promotional materials). This authorisation is granted to Lyw on a non-exclusive and free-of-charge basis, for the entire duration of the Talent's registration.

In order to limit the personal data exposed, public display is restricted to the Talent's first name, the initial of their surname, their country and their photographs, excluding their full name, city, email address and any other contact details.

This authorisation does not cover:

the exploitation of the photographs for individualised advertising or commercial purposes on behalf of a Creator, which falls exclusively under an Assignment Contract concluded between the Talent and the relevant Creator;
any exploitation contrary to the Talent's dignity or reputation.

The Talent retains, at any time and without having to give reasons for their decision, the right to remove their photographs from the public area by pausing their account or deleting it from their Account settings. This withdrawal takes effect within a reasonable time from the request and does not affect the lawfulness of displays that occurred previously.

Article 10 — Intellectual property of the Platform

All the elements of the Platform (software architecture, source code, graphic identity, trademarks, logos, texts, illustrations, database, etc.) are the exclusive property of Lyw or its partners and are protected by French and international legislation relating to intellectual property.

Any reproduction, representation, modification, adaptation, extraction or reuse, in whole or in part, of the Platform, by any process whatsoever and on any medium whatsoever, without the express, written and prior authorisation of Lyw, is prohibited and would constitute an infringement punishable under Articles L. 335-2 et seq. of the French Intellectual Property Code.

No provision of these Terms of Use may be interpreted as granting the User a licence or right of use over the aforementioned elements, beyond what is strictly necessary for the normal use of the Platform.

Article 11 — Reporting and moderation

11.1 Reporting by a User

Each User may report to Lyw any content or behaviour that they consider contrary to the Terms of Use, the law, or good practice. The report is made via the dedicated button on the relevant profile or listing, or by email to support@lyw.studio.

The report must give reasons. Any manifestly abusive, defamatory or repeatedly baseless report may result in a sanction against its author.

11.2 Handling by Lyw

Lyw undertakes to examine each report within a reasonable time. Following this examination, Lyw may, without any hierarchy of urgency and without any obligation to give detailed reasons:

send a warning to the reported User;
hide or remove the disputed content;
temporarily suspend the reported User's Account;
permanently terminate the reported User's Account;
refer the matter, in the event of a characterised offence, to the competent authorities.

Article 12 — Personal data

The processing of Users' personal data is governed by the Privacy Policy accessible at https://lyw.studio/confidentialite, which forms an integral part of these Terms of Use. The User is invited to read it.

Lyw acts as a data controller for the data collected in connection with the operation of the Platform. Stripe, Supabase, Vercel and Resend act as processors within the meaning of the GDPR.

In accordance with Regulation (EU) 2016/679 and the French Data Protection Act as amended, each User has a right of access, rectification, erasure, objection, restriction and portability of their personal data, as well as a right to withdraw their consent. These rights may be exercised at any time by email to dpo@lyw.studio or via the Account settings.

Article 13 — Cookies

Use of the Platform involves the placement of strictly necessary cookies on the User's device. The details of the cookies used, their purpose and the possibility of configuring them are described in the Cookie Policy accessible at https://lyw.studio/cookies.

Article 14 — Availability and continuity of the Service

Lyw uses its best efforts to ensure the availability of the Platform 24 hours a day and 7 days a week, subject to the interruptions necessary for maintenance, updating or improvement of the Services, as well as cases of force majeure.

Lyw cannot be held liable for the consequences of a temporary unavailability of the Platform or of a loss of data attributable to one of its technical processors (in particular Stripe, Supabase, Vercel, Resend).

Article 15 — Liability

15.1 Lyw's liability

Lyw provides a service of matchmaking, of facilitating the contracting process (provision of an assistant for generating Assignment Contracts from the parameters entered by the parties) and of technical management of payments via Stripe. Although Lyw makes these tools available to Users, the content and terms of the Assignment Contract are determined freely by the Talent and the Creator. Lyw is not a party to any Assignment Contract and cannot, as such, be held liable for:

the performance or non-performance of an Assignment Contract between a Talent and a Creator;
any dispute relating to the interpretation or scope of an Assignment Contract;
the truthfulness of the information declared by the Users;
a non-compliant use of a Talent's image by a Creator or a downstream third party;
a payment default attributable to a Creator or to a malfunction of the payment provider.

Lyw nonetheless undertakes to provide Users with its reasonable assistance in the event of a dispute, within the limits of its technical and organisational means.

15.2 Liability of Users

Each User is responsible for the direct and indirect consequences of the use they make of the Platform and of the information they distribute on it. Each User indemnifies Lyw, within the limit of the breaches personally attributable to them, against any action, claim or recourse by a third party resulting from a breach on their part of these Terms of Use.

15.3 Limitation of liability

Except in the event of gross negligence or wilful misconduct, Lyw's liability towards a User is limited, for all losses combined, to the amount of the commissions received by Lyw under the Assignment Contracts concluded by that User during the twelve (12) months preceding the triggering event.

Article 16 — Suspension and termination

16.1 Termination at the User's initiative

The User may terminate their Account at any time, without notice or reason, from their Account settings or by email to support@lyw.studio.

The termination takes effect immediately, subject to:

the full performance of the ongoing Assignment Contracts;
the retention by Lyw, for the applicable legal periods, of the data relating to the transactions carried out (in particular invoices and tax data).

16.2 Suspension and termination at Lyw's initiative

Lyw may temporarily suspend or terminate as of right a User's Account, after sending a warning that has remained without effect for eight (8) days (or without prior warning in the event of a serious or manifest breach), in particular in the following cases:

failure to comply with these Terms of Use or the Terms of Sale;
communication of inaccurate, falsified or misleading information;
abusive or fraudulent behaviour;
persistent payment default;
decision of a judicial or administrative authority;
infringement of the rights of another User or of a third party.

16.3 Consequences of termination

Termination entails the deletion of access to the Account. Personal data is deleted under the conditions and within the time limits provided for by the Privacy Policy. The contractual obligations arising before the termination (in particular the payments due, the warranty obligations under the signed Assignment Contracts and the confidentiality of the exchanges) remain in force.

Article 17 — Amendment of the Terms of Use

Lyw may amend these Terms of Use at any time. Registered Users are informed of this by email and by a conspicuous notice on the Platform at least thirty (30) days before the new version takes effect. In the absence of a formal objection addressed to Lyw before this date, the User is deemed to have accepted the new version. A User who refuses the new version has the option to terminate their Account without notice.

Article 18 — Governing law and jurisdiction

These Terms of Use are governed by French law.

In the event of a dispute relating to the formation, performance or interpretation of these Terms of Use, the parties undertake to seek an amicable solution prior to any legal action.

In the absence of an amicable agreement within thirty (30) days of the notification of the dispute by registered letter with acknowledgement of receipt, the dispute will be brought before the competent courts.

In accordance with the provisions of the French Consumer Code concerning "the process of mediation of consumer disputes", after having contacted us and in the absence of a satisfactory response, you have the option to use, free of charge, a consumer mediation procedure with:

CM2C 49 rue de Ponthieu 75008 PARIS, France Tel: +33 1 89 47 00 14 Website: https://www.cm2c.net/declarer-un-litige.php Email: litiges@cm2c.net

Article 19 — Miscellaneous provisions

19.1 Entirety: These Terms of Use, together with the Terms of Sale and the Privacy Policy, constitute the entire agreement between the User and Lyw.

19.2 Partial nullity: If a provision of the Terms of Use were to be declared null or inapplicable, this nullity would not affect the validity of the other provisions, which would remain in force.

19.3 Notices: Any notice under these Terms of Use is given by email to the address provided by the User upon registration, or to the address legal@lyw.studio for notices addressed to Lyw.

End of the Terms of Use — Version 1.0