Designer Terms

1. About these terms

Human Made is run by Human Made, operated by Kyle Yeoman, an individual, until a company is formed to run it. "Human Made", "we" and "us" mean that operator. "You" means the person using a designer account.

These terms apply when you create an account and every time you use Human Made. You accept them when you sign up. If you do not agree, do not use Human Made.

Each brief also has its own terms, set by the brand that posted it. Section 4 explains how the two fit together. Our Privacy Policy explains what we do with your data.

2. What Human Made does

Human Made is a marketplace. Brands post briefs for static ads. Designers accept briefs and submit work. The brand that posted a brief reviews the work, decides what to approve, and pays for it under that brief's terms.

We provide the software: accounts, briefs, uploads, review, leaderboards and statements. We are not the buyer of your work, we are not your employer, and we do not act as your agent or the brand's agent.

The agreement for each piece of work is between you and the brand that posted the brief. We are not a party to it, but these terms still apply to how you use Human Made.

3. Your account

• You must be at least 18 years old and able to enter a binding contract.
• Use your real name and an email address you control, and keep them up to date. You must verify your email before you can accept briefs or upload work.
• One person per account, and one designer account per person. Do not share your account or let anyone else use it.
• Keep your password safe. Turn on two-factor sign-in if you can. You are responsible for what happens under your account.
• Tell us at once at kylepyeoman@gmail.com if you think someone else has used your account.
• Do not create accounts with scripts or bots, or to get around a suspension.

4. Briefs and per-brief terms

Each brief shows its terms before you accept it: the brief's text, its structured pay terms (for example a fee per approved ad, a fee when an ad goes live, or a share of spend or revenue, with any cap), and any extra rules from the brand.

You accept a brief's terms before you submit to it. Every submission records the exact version of the terms you accepted, and that version governs that submission.

A brand can change a brief's terms for future work. When it does, you must accept the new version before you submit again. A brand cannot change the terms for work you already submitted.

Accepting a brief shares your name and contact email with that brand so it can contact you about the work and pay you. Brands only see your display name and designer code until then.

If a brief's terms and these terms disagree, the brief's terms apply to work under that brief. A brief cannot take away the rights in section 6 that stay yours, and it cannot change sections 3, 10, 12 and 14 of these terms.

5. Submissions and review

Submit only work made for that brief, in the formats it asks for. We check uploaded files and re-save images to remove hidden data such as location. We may refuse a file that is not a supported image.

The brand decides whether to approve, ask for changes, or reject a submission. It does not have to approve anything. When it asks for changes you can send one revision. The brand's feedback is shared with you.

A brand may only use a submission to review it until it approves it. Using a submission that was not approved, or having someone else copy it, breaks the brand's terms with us. Report it to us if it happens.

6. Who owns what, and the license on approval

Before approval, your work stays yours. You give the brand permission only to view and review it, and you give us permission to store and show it to that brand so the review can happen.

When a brand approves a submission, you give that brand a license to use the approved work. The license is the one written in the brief's terms. If the brief's terms do not say otherwise, the license is worldwide, permanent, and covers using, copying, resizing, cropping, editing, adding copy to, and publishing the approved work in the brand's advertising and marketing, in any media. It is exclusive to that brand for the approved work: you will not sell or license that work to anyone else. The pay for it is what the brief's terms say.

What stays yours:

• Every submission that was never approved, and every right you did not license.
• Your skills, style, methods and know-how, and general ideas and layouts that are not specific to the brand.
• Material you made before or outside the brief, such as your own templates, photos or illustrations. Where you include it in approved work, the brand's license covers it only as part of that work.

The brand's materials stay the brand's: its logos, product images, brand kit, unreleased products and copy. You may use them only to make submissions for that brief, not in other work, even in a rejected submission.

You may show approved work in your own portfolio only when the brief's terms allow it or the brand agrees in writing.

Brands do not have to credit you in their ads. As far as the law allows, you agree not to object to the brand's normal edits to approved work, such as resizing, cropping or adding copy.

You also give us a license to store, process and display your submissions and profile to run Human Made. This includes showing a live ad, its rank and your display name to other designers on a brand's leaderboard when that brand has turned its leaderboard on. We do not claim ownership of your work, and we do not use it to advertise Human Made without your permission.

7. Your promise that the work is yours

Each time you submit, you promise that:

• The work is your own original work, made by you for that brief.
• You have the rights to everything in it that you did not make, such as fonts, stock photos or music, on terms that allow the brand to use it in its ads. If you are not sure, do not include it, or tell the brand in your submission note.
• It does not copy another person's work and does not break anyone's copyright, trademark, privacy or other rights.
• You have not already licensed the same work to someone else on terms that would conflict with the brand's license.
• It contains nothing unlawful, and it makes no claim about a product beyond what the brief or brand kit gives you.

If a submission breaks one of these promises, we may remove it and suspend your account, and you may be responsible to the brand under the law and the brief's terms.

8. You are independent

You are an independent designer. Using Human Made does not make you an employee, worker, partner or agent of Human Made or of any brand.

You choose which briefs to accept and how and when you do the work. You get no salary or benefits from us. You are responsible for your own taxes, insurance and business costs. We do not withhold taxes for you.

You cannot make promises or sign agreements on behalf of Human Made or any brand.

9. Pay: we track it, brands pay it

Pay is set by the terms of each brief you accept. Human Made does not hold, send or receive money for designers.

• We work out what a brand owes you from the brief's pay terms, the brand's review decisions, and the ad performance exports the brand uploads. We check that an export only counts that brand's ads, but we cannot check that the brand's figures are correct.
• The brand finalizes a monthly statement for you. Once final, a statement can only change through an adjustment that gives a reason.
• The brand that posted the brief pays you directly, in the way and by the time its terms say.
• To get paid you add a payee name, country and payment contact email. A brand's Owners, Admins and Finance members see them once that brand has finalized a statement for you. You never enter bank details on Human Made.
• If a statement looks wrong, use Question this statement in the studio. It goes to the brand's Finance members and is logged.

We are not responsible for a brand's failure to pay, but we take it seriously. Report unpaid work with the Report button on the brief or at kylepyeoman@gmail.com. We may suspend a brand that does not pay designers what it owes.

A brand may ask you for tax forms before it pays you. Giving them is between you and the brand.

10. Rules for using Human Made

Do not:

• Upload malware, or files that pretend to be something they are not.
• Submit someone else's work as your own.
• Try to see other designers' or brands' data, get around a limit or security check, or test our security outside the rules on our Security page.
• Scrape Human Made, or use bots or scripts to use it.
• Harass, threaten or mislead anyone on Human Made.
• Use Human Made for anything unlawful.

Use the Report button on any brief to tell us about unpaid work, a scam or misuse of your work.

11. Keep briefs confidential

Briefs, brand kits, feedback and unreleased products are confidential to the brand. Use them only to work on that brief. Do not share them, post them or show them to anyone outside Human Made, unless the brand agrees or the information is already public.

12. Suspension and closing your account

You can delete your account at any time from Account, then Privacy. You have 7 days to cancel. After that we delete it, by hand during the pilot, within 30 days of your request.

We may suspend or close your account if you break these terms or a brief's terms, if your account puts others at risk, if the law requires it, or to stop fraud or abuse. Where it is safe and lawful, we will tell you why and give you a chance to respond.

When an account is suspended or closed:

• Licenses you gave brands for approved work continue. That work stays with those brands, shown as "Former designer" with your code if you delete your account.
• Finalized statements are kept for tax and accounting records.
• What a brand owes you for work under accepted terms is between you and that brand, and is not cancelled by the suspension.

Sections 6, 7, 9, 11, 14 and 16 continue after your account ends.

13. The service

Human Made is in a pilot. We provide it as it is and as available. Features may change, and there may be downtime or errors. We will try to give notice of big changes.

We keep backups, but keep your own copies of your files. We are not responsible for content brands post or for what brands do with your work outside Human Made.

14. Limits on our liability

As far as the law allows:

• We are not liable for indirect or consequential losses, lost profits, lost earnings, or lost data.
• We are not liable for what brands do or fail to do, including paying you. Claims about a brief's work or pay are between you and the brand.
• Our total liability to you for all claims about Human Made is limited to the greater of what you paid us in the 12 months before the claim and 100 US dollars. Designers pay nothing to use Human Made.

Nothing in these terms limits liability that the law does not allow us to limit.

15. Changes to these terms

We may update these terms. When we do, you will see a short summary of what changed the next time you sign in, and you accept the new version before you go on. If you do not agree, stop using Human Made and delete your account.

A change never alters the terms of a brief you already accepted, or work you already submitted.

16. General

These terms are governed by the laws of the State of Tennessee, United States.

• These terms, the terms of each brief you accept, and our Privacy Policy are the whole agreement between you and us about Human Made.
• We may transfer these terms to a company formed to run Human Made, and we will tell you if we do. You may not transfer your account or these terms.
• If part of these terms cannot be enforced, the rest still applies. If we do not enforce a term straight away, we can still enforce it later.
• We send notices to the email address on your account. Send notices to us at kylepyeoman@gmail.com.

17. Contact

Questions about these terms: kylepyeoman@gmail.com.