Terms of Service

Effective Date: 05/03/2026
Platform: UNDERME (the "Platform", "we", "us", or "our")
Company: SENDSIT SOLUTIONS LTD
Jurisdiction: United Kingdom

1. Introduction

Welcome to UNDERME (the "Platform", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of the Platform, including any content, features, and services made available through it, whether as a guest or a registered user.

By accessing or using the Platform, you agree to be bound by these Terms and confirm that you are at least 18 years old and have the legal capacity to enter into a binding agreement. If you do not agree to these Terms, you must not use the Platform.

2. Nature of the Platform

The Platform operates as an online C2C digital content marketplace where independent creators ("Creators") offer and sell digital content, including photos and videos, whether pre-made or custom-created, to individual users ("Buyers").

The Platform acts solely as an intermediary that facilitates the creation of requests, payments, and delivery of digital content. We do not create, produce, own, review, or guarantee any content made available by Creators and are not a party to transactions between Buyers and Creators.

The Platform does not restrict creators to any single content category; however, all content must remain lawful and fully compliant with these Terms, the Content & Community Guidelines, and applicable law.

All transactions on the Platform relate exclusively to digital content. No physical goods are sold, shipped, or delivered through the Platform.

3. Modifications

3.1 Changes Required by Law or Security

We may modify these Terms at any time without prior notice where such changes are required to:

comply with applicable laws, regulations, or legal obligations;
address security risks, fraud, abuse, or technical vulnerabilities;
protect the safety, rights, or integrity of users or the Platform.

Such changes shall take effect immediately upon publication on the Platform.

3.2 Other Changes

We may update these Terms for business, operational, or service-related reasons, including improving features or reflecting changes to the Platform.

Where changes materially affect users' rights or obligations, we will provide reasonable notice, which may be given via the Platform or by email. Continued use of the Platform after the effective date of the updated Terms constitutes acceptance of the revised Terms.

3.3 Platform Availability

We do not guarantee uninterrupted or error-free access to the Platform. We may suspend, restrict, or modify access to all or part of the Platform for operational, maintenance, legal, or security reasons. Where reasonably practicable, we will provide advance notice of material service interruptions.

4. User Eligibility, Age & Identity Verification

4.1 Eligibility

Access to and use of the Platform is limited to individuals who are at least 18 years old. By creating an account or using the Platform, you confirm that:

you are 18 years of age or older;
you have the legal capacity to enter into a binding agreement;
your use of the Platform complies with all applicable laws and regulations.

We do not knowingly permit access to the Platform by individuals under the age of 18.

4.2 Account Responsibility

Users are responsible for maintaining the confidentiality of their account credentials and for all activities conducted through their account. You agree to provide accurate, current, and complete information and to keep such information up to date.

4.3 Creator Identity Verification

Creators may be required to complete an identity verification process using independent third-party verification service providers. This may include verification of identity, age, and authenticity.

We do not store or retain identity documents submitted to third-party verification providers and are not responsible for their data processing practices, which are governed by their own terms and privacy policies.

4.4 Age Verification for Adult Content

Where access to adult or age-restricted content is permitted, users located in the United Kingdom or the European Union may be required to complete mandatory age verification using automated or third-party age verification solutions in accordance with our Age Verification Policy before accessing the Platform or any age-restricted content or features.

Such measures are implemented to comply with applicable laws, including the UK Online Safety Act 2023 and the EU Digital Services Act (DSA). Failure to complete required age verification may result in restricted access to certain content, features, or services on the Platform.

4.5 Right to Refuse or Restrict Access

We reserve the right to refuse, suspend, or restrict access to the Platform or specific features where eligibility, age, or identity requirements are not met, or where required to comply with legal or regulatory obligations.

4.6 Technical Enforcement Measures

We may use technical and security measures to enforce eligibility requirements, prevent abuse, detect fraud, and comply with applicable legal and regulatory obligations.

Such measures may include logging IP addresses, device information, browser data, session activity, and access timestamps.

These measures are implemented for platform integrity, user safety, legal compliance, and enforcement of these Terms. Use of the Platform constitutes acknowledgement of such technical monitoring.

5. Content Ownership, Licensing & AI Content

5.1 Ownership

All content uploaded, created, or delivered through the Platform remains the intellectual property of the Creator. Nothing in these Terms transfers ownership of content to Buyers unless explicitly agreed between the Creator and the Buyer in writing or through platform-based licensing options.

5.2 Platform License

By uploading or submitting content, Creators grant the Platform a limited, worldwide, non-exclusive, royalty-free license to host, store, display, distribute, and make such content available solely for the purposes of operating, marketing, and delivering the Platform and its services.

5.3 Buyer License – Default Use

Unless otherwise expressly stated, Buyers receive a limited, non-exclusive, non-transferable, revocable license to access and use purchased content for personal and lawful purposes only. Buyers may not reproduce, distribute, resell, sublicense, modify, or publicly display content without the Creator's explicit permission.

5.4 Commercial Use and UGC Content

Creators may, at their sole discretion, grant Buyers a broader commercial license for non-adult content, including use for marketing, advertising, promotional, or editorial purposes, only where such rights are explicitly agreed between the Creator and the Buyer.

Any commercial license must be clearly defined and agreed outside these Terms or through platform-based licensing tools. We are not a party to such agreements and do not verify, enforce, or guarantee the scope of rights granted.

5.5 Adult Content Restrictions

Adult or sexually explicit content is licensed strictly for personal and private use unless explicitly stated otherwise by the Creator. Commercial use, redistribution, resale, sublicensing, or public display of adult content is prohibited unless expressly authorized by the Creator.

Buyers acknowledge that any unauthorized use or distribution of adult content may violate applicable laws and the rights of the Creator. We bear no responsibility for such misuse.

5.6 AI-Generated and AI-Assisted Content

Creators are prohibited from uploading or selling content that is fully AI-generated, synthetic, misleading, impersonates real individuals, or constitutes deepfake or generative media intended to simulate, replace, or fabricate real human presence, identity, or actions.

The use of generative artificial intelligence tools to create images, videos, audio, or other content in whole or in part is not permitted on the Platform.

Limited non-generative, purely technical AI-assisted tools (e.g. basic editing, compression, colour correction, noise reduction, or resolution enhancement) may be permitted solely where such tools do not generate, fabricate, replace, or materially alter the underlying human subject or authenticity of the content, provided that:

the content depicts real individuals with proper consent;
the use of such tools does not misrepresent the identity, nature, or authenticity of the content;
the content otherwise complies with these Terms, the Content & Community Guidelines, and applicable law.

We reserve the right to remove content, restrict accounts, withhold payouts, or take enforcement action where any use of AI or automated tools is misleading, deceptive, unlawful, or violates platform policies.

5.7 Responsibility for Rights and Consents

Creators are solely responsible for ensuring that they own or have all necessary rights, licenses, and consents to create, upload, and license content, including consent from any individuals depicted.

Buyers are responsible for using content in accordance with the applicable license and all laws. We are not responsible for copyright infringement, unauthorized use, or disputes arising between Creators and Buyers regarding content rights.

6. Transactions, Payments & Payouts

6.1 Payments via Third-Party Providers

All payments on the Platform are processed by independent third-party payment service providers ("Payment Providers"). We do not process, store, or hold users' payment card details and are not a bank, payment institution, or money services business.

By making or receiving payments on the Platform, users agree to be bound by the applicable terms and policies of the relevant Payment Provider. We are not responsible for the operation, availability, decisions, or actions of any Payment Provider, including chargebacks, transaction delays, or account restrictions.

6.2 Buyer Payments

Buyers pay the price displayed for digital content or custom requests through the Platform. Payment is required before access to content is granted. Once content has been delivered or made available, the transaction is considered completed, subject to Section 9 (Refund Policy).

We may retain technical access logs and system records to verify content delivery, access, or transaction completion in the event of disputes, chargebacks, or fraud investigations.

6.3 Platform Fees

We charge Creators a service fee for facilitating transactions, access to the Platform, and related services. The applicable fee is deducted automatically from each completed transaction. Fee structures may change from time to time and will be communicated through the Platform.

6.4 Creator Payouts

Creator earnings are paid out via the applicable Payment Provider according to the payout schedule and minimum thresholds set by that provider. We do not guarantee payout timing and are not responsible for delays caused by Payment Providers, verification requirements, or compliance checks.

6.5 Taxes

Creators are solely responsible for determining, reporting, and paying any applicable taxes, duties, or charges arising from their earnings on the Platform. We do not provide tax advice and do not withhold taxes on behalf of Creators unless required by law.

6.6 Chargebacks and Payment Disputes

If a Buyer initiates a chargeback or payment dispute through their bank or Payment Provider, the dispute will be handled according to the Payment Provider's rules. We may provide transaction information to the Payment Provider and may suspend or restrict accounts while disputes are investigated. Repeated chargebacks or abuse of the payment system may result in account termination and forfeiture of payouts.

6.7 Withholding of Funds

We reserve the right to withhold or delay payouts where reasonably necessary to investigate suspected fraud, policy violations, chargebacks, or legal compliance issues.

7. Prohibited Conduct

You agree to use the Platform only for lawful purposes and in accordance with these Terms and our Acceptable Use Policy (AUP), which forms an integral part of these Terms.

Any violation may result in content removal, account suspension or termination, withholding of payouts, and/or legal action.

7.1 General Prohibited Activities

Users must not:

upload, sell, request, or distribute any content involving individuals under the age of 18 or that violates applicable age-of-consent laws;
upload or distribute content that is illegal, violent, abusive, harassing, discriminatory, or promotes hatred or harm;
upload content involving non-consensual acts, exploitation, coercion, or illegal activities;
upload misleading, deceptive, or fraudulent content, including impersonation or false representation;
upload or distribute revenge porn or content intended to extort, harass, or harm others;
share personal or confidential data of others without lawful consent;
use bots, scraping tools, malware, or attempt to bypass platform safeguards;
solicit or accept payments outside the Platform's payment system;
use the Platform for prostitution, escorting, or in-person sexual services;
encourage manipulation, abuse, or harassment of other users.

7.2 AI-Generated and Manipulated Content

Content that is misleading, impersonates real individuals, constitutes deepfakes, or otherwise violates these Terms is prohibited. We reserve the right to remove such content and take enforcement action.

7.3 Enforcement

We may, at our sole discretion:

remove or restrict access to content;
suspend or terminate accounts without prior notice;
withhold or forfeit payouts associated with violations;
report unlawful activity to relevant authorities.

8. Moderation

8.1 Compliance-First Approach

We are committed to complying with all applicable laws and regulations, including the UK Online Safety Act 2023 and the EU Digital Services Act (DSA). We take reasonable and proportionate measures to prevent, detect, and address illegal and prohibited content on the Platform.

8.2 Content Review

We may use a combination of automated tools and human moderation to identify potential violations of these Terms and applicable laws. While we take active steps to moderate content, we are not obligated to review all content prior to publication, and any review does not constitute approval or endorsement.

8.3 Enforcement Actions

Where content is found to violate these Terms or applicable law, we may take appropriate action, including content removal, restriction of access, account suspension or termination, and withholding of payouts.

8.4 Reporting and Cooperation

We may report suspected illegal activity to relevant authorities and will cooperate with lawful requests from regulators or law enforcement agencies where required.

8.5 Appeals

Users may appeal moderation decisions by contacting support. Appeals are reviewed within a reasonable timeframe.

8.6 Technical Monitoring & Logging

In order to prevent unlawful activity, enforce these Terms, and comply with applicable legislation, we may monitor platform activity using automated systems, including IP logging, device-level identifiers, access logs, and behavioural signals.

Such monitoring does not constitute general surveillance of user communications but may be used where reasonably necessary for safety, fraud prevention, moderation, dispute investigation, or legal compliance.

9. Refund Policy

9.1 Digital Content

All purchases of digital content on the Platform are final once the content has been delivered, accessed, or made available to the Buyer. Refunds are not provided for digital content due to its intangible nature.

9.2 Exceptions

Refunds may be considered at our sole discretion in limited circumstances, including:

technical failure that prevents delivery or access to purchased content;
verified fraudulent activity or duplicate charges.

9.3 Disputes

Buyers experiencing issues with a purchase may contact support. While we may assist in reviewing disputes, we do not guarantee refunds and are not responsible for the quality, accuracy, or suitability of Creator content.

10. Dispute Resolution

10.1 Buyer–Creator Disputes

The Platform facilitates transactions between Buyers and Creators. Disputes relating to content quality, subjective satisfaction, or whether content meets personal expectations should be resolved directly between the Buyer and the Creator where possible.

10.2 Platform Support

We may, at our sole discretion, assist in reviewing disputes and communications to help users reach a resolution. However, we are not obligated to mediate, arbitrate, or resolve disputes, and any assistance provided does not create liability for us.

10.3 Disputes Involving Delivery or Access

If a Buyer claims that content was not delivered or could not be accessed due to a technical issue, the Buyer must contact support within a reasonable timeframe. We may request relevant information (e.g. order ID, device or browser details) to investigate.

If we confirm a technical failure on our side that prevented delivery or access, we may restore access or consider a refund in accordance with Section 9.

10.4 Fraud, Chargebacks, and Payment Provider Decisions

If a Buyer initiates a chargeback or payment dispute through their bank or payment provider, the outcome may be determined by the payment provider's rules. We may provide transaction information to the payment provider and may suspend accounts or restrict access while disputes are investigated.

Repeated chargebacks, suspected fraud, or abuse of the dispute process may result in account termination.

10.5 Misconduct and Policy Violations

Disputes involving illegal content, consent issues, identity deception, harassment, or any breach of Section 7 are handled under our enforcement and moderation powers. We may remove content, restrict access, and report matters to relevant authorities where required.

10.6 Time Limits

We may refuse to review disputes submitted after an unreasonable delay, particularly where evidence is no longer available or access has already been granted.

11. No Guarantee of Earnings

We make no guarantees, representations, or warranties regarding the income, revenue, sales volume, or success of any Creator on the Platform.

Any earnings or results referenced on the Platform are illustrative only and do not constitute a promise or guarantee of future performance. Actual results may vary based on factors including content quality, pricing, demand, user engagement, and compliance with these Terms.

Creators acknowledge and agree that they use the Platform at their own risk and are solely responsible for their business decisions, pricing strategies, and performance. We are not responsible for any loss of income, profits, or opportunities.

12. Termination and Suspension

12.1 Termination by the Platform

We reserve the right, at our sole discretion, to suspend or terminate any account, restrict access to the Platform, or remove content at any time, with or without notice, where we reasonably believe that a user has:

violated these Terms or applicable law;
engaged in fraudulent, deceptive, or abusive conduct;
submitted illegal, non-consensual, or prohibited content;
attempted to bypass platform safeguards or payment systems;
exposed us, other users, or third parties to legal or reputational risk.

12.2 Immediate Enforcement

In cases involving serious violations, illegal activity, safety concerns, or regulatory risk, we may take immediate enforcement action without prior notice.

12.3 Effect of Termination

Upon termination or suspension:

the user's right to access the Platform ceases immediately;
access to content, features, or services may be restricted or removed;
we may remove or disable access to content associated with the account.

12.4 Funds and Payouts on Termination

We may withhold, delay, or forfeit payouts where reasonably necessary to:

investigate suspected fraud, chargebacks, or policy violations;
comply with legal or regulatory obligations;
cover chargebacks, refunds, or liabilities arising from the user's conduct.

Where termination occurs without a policy violation, eligible payouts may be released subject to Payment Provider rules and compliance checks.

12.5 No Obligation to Retain Data or Content

We are not obligated to retain user data or content following termination, except where required by law.

12.6 Survival

Sections relating to intellectual property, licenses, limitation of liability, indemnification, dispute resolution, governing law, and any accrued payment obligations survive termination.

13. Limitation of Liability & Disclaimers

13.1 Platform Provided "As Is"

The Platform is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we make no warranties or representations, whether express or implied, regarding the operation, availability, reliability, or suitability of the Platform or any content made available through it.

13.2 No Responsibility for User Content

We do not create, produce, control, or endorse content uploaded or delivered by Creators. All content is provided by independent users. We do not guarantee the accuracy, quality, legality, or appropriateness of any content and are not responsible for any harm, loss, or damages arising from user-generated content.

13.3 No Guarantee of Results or Outcomes

We do not guarantee:

that content will meet a Buyer's expectations or intended purpose;
that Creators will achieve any specific earnings or success;
uninterrupted or error-free operation of the Platform.

Use of the Platform is at the user's own risk.

13.4 Third-Party Services

We are not responsible for the actions, omissions, availability, or performance of third-party services, including but not limited to payment processors, hosting providers, verification services, or external platforms. Any issues arising from third-party services are governed by their respective terms.

13.5 Limitation of Liability

To the maximum extent permitted by law, we, our directors, officers, employees, and affiliates shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, data, reputation, or business opportunities, arising out of or in connection with the use of the Platform.

The collection and processing of personal data, including technical and device-level data, is governed by our Privacy Policy.

13.6 Liability Cap

To the extent that liability cannot be excluded under applicable law, our total aggregate liability to any user for any claims arising out of or relating to these Terms or the use of the Platform shall not exceed the total amount of fees paid by that user to us in the twelve (12) months preceding the event giving rise to the claim.

13.7 Legal Rights

Nothing in these Terms excludes or limits liability that cannot be excluded under applicable law, including liability for death or personal injury caused by negligence or for fraud.

14. Indemnification

14.1 User Indemnity

You agree to indemnify, defend, and hold harmless us, our directors, officers, employees, affiliates, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

your use of the Platform;
any content you upload, create, deliver, access, or use through the Platform;
any breach of these Terms or applicable law;
any violation of intellectual property, privacy, publicity, or other rights of any third party;
any dispute between you and another user (including Buyers and Creators);
any unauthorized, unlawful, or improper use or distribution of content.

14.2 Creator-Specific Indemnity

Creators specifically agree to indemnify us against any claims arising from:

lack of required rights, licenses, or consents for content created or uploaded;
claims related to consent, identity, or depiction of individuals in content;
claims arising from commercial use licenses granted to Buyers.

14.3 Buyer-Specific Indemnity

Buyers agree to indemnify us against any claims arising from:

misuse, redistribution, or unauthorized commercial use of content;
violation of license terms or applicable laws;
disputes resulting from how purchased content is used.

14.4 Process

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification. You agree to cooperate fully in the defense of such claims.

15. Governing Law & Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.

The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or the use of the Platform.