These Consumer Terms of Service (Terms) form a binding legal agreement between Aquilae AI, Inc. (Aquilae AI, Sphere, we, us) and the individual accessing or using the Sphere mobile application or related consumer services (you, Contributor, or Consumer).
These Terms govern your use of the Sphere mobile application and related services for uploading photos, videos, and other content in exchange for compensation. By creating an account, uploading content, or otherwise using the Sphere consumer services, you agree to be bound by these Terms.
These Terms are separate from the Sphere Marketplace Terms of Service, which govern the broader marketplace where businesses purchase data. If you are a business or buyer, please refer to those terms instead.
1. Overview of the Sphere Consumer Program
Sphere operates a platform where individual Contributors upload original photos, videos, and related media (Content) through the Sphere mobile application. Sphere curates, organizes, and licenses this Content to approved buyers — including AI companies, AI labs, robotics teams, and enterprise AI groups — for use in training, evaluating, and developing machine learning and artificial intelligence systems.
Contributors earn compensation when their Content is included in a collection that is sold to a buyer. Sphere acts as the facilitator of these transactions and determines the pricing, packaging, and sale of Content collections.
2. Eligibility and Account Registration
2.1 Age Requirement
You must be at least 13 years old (or the minimum age at which you can consent to the processing of your data under the law where you live, if higher) to use the Sphere consumer services. If you are under 18, you may use the Services only with the permission of a parent or legal guardian, who agrees to these Terms on your behalf.
Contributors under 18 can upload Content but are never eligible for payouts. Being at least 18 years old (or the age of majority where you live, if higher) is a requirement for every payout, and we confirm it through the identity verification described in Section 7.2. If we determine that you are under 18, we will not make payouts to you, and your account remains upload-only.
2.2 Account Requirements
To use the Services, you must:
- Provide accurate and complete account information
- Maintain the security of your login credentials
- Not create multiple accounts or share your account with others
- Not be prohibited from using the Services under applicable law
You are responsible for all activity under your account. Notify us immediately at contact@getsphere.xyz if you suspect unauthorized access.
2.3 International Users
The Services are available to users worldwide, and we do not block participation by country. Sanctions compliance is applied when a payout is requested: payouts are screened against applicable U.S. sanctions lists (including OFAC's), and a payout that involves a sanctioned person or jurisdiction is held for legal review and is not sent automatically (see Section 7.5). By accessing the Services from outside the United States, you acknowledge that your information will be transferred to, stored, and processed in the United States. You are responsible for complying with all local laws applicable to your use of the Services, including data protection, export control, and tax laws in your jurisdiction.
3. Content Uploads
3.1 What You May Upload
You may upload photos, videos, and other media as prompted by the Sphere application, including submissions to specific data collection tasks (Tasks).
3.2 Content Requirements
All Content you upload must:
- Be your own original work — not AI-generated, downloaded, copied, or obtained from third parties
- Not infringe any third party's copyright, trademark, privacy, publicity, or other rights
- Not contain any content that is illegal, obscene, threatening, defamatory, or harmful
- Not depict minors
- Not contain child sexual abuse material, non-consensual or intimate imagery of any person, or other content described in Section 8
- Not contain other people's personal information (for example visible IDs, documents, license plates, or screens showing private messages or account details) unless a Task expressly asks for it
- Not contain third-party watermarks, logos, or copyrighted works as the subject of the Content
- Not contain malware, viruses, or other harmful code
- Comply with any specific requirements stated in the applicable Task
3.3 Content Attestation
When you upload Content, you attest, and warrant to Sphere, that (a) the Content is original and you created it, (b) you have the legal right to license it, (c) every identifiable person in it has consented as described in Section 3.5, and (d) it meets the requirements stated above. Sphere relies on these attestations, and we record them with each upload. False or misleading attestations may result in content removal, account suspension or termination, forfeiture of earnings, and potential legal liability.
3.4 Content Review and Acceptance
Sphere reviews all uploaded Content for quality, authenticity, and compliance with Task requirements. Sphere may use automated systems — including image analysis, duplicate and near-duplicate detection, AI-generation and provenance checks (such as embedded metadata and content credentials), reverse image search to find copies elsewhere on the web, face detection, and safety classification — to evaluate your submissions and to decide whether Content can be offered for sale. Content that is flagged may be held for manual review.
Sphere reserves the right to reject, remove, or restrict any Content at its sole discretion, including Content that:
- Does not meet Task requirements
- Is flagged as AI-generated or synthetic
- Is a duplicate of previously submitted Content
- Fails quality or authenticity checks
- Violates these Terms or applicable law
Rejected Content does not qualify for compensation.
3.5 People in Your Content
If a photo shows a person who could be identified (for example by their face), the Sphere application will ask you whether it shows yourself, a person who has consented, or someone who has not consented. You must answer truthfully.
- Yourself: we record your declaration.
- Consented: you must have the person's permission for the uses described in Section 5, and you agree to collect a model release in the application (a short in-app signature) and to cooperate if we need further confirmation.
- No consent: Content showing an identifiable person who has not consented will not be included in collections offered for sale.
You are responsible for obtaining any consent required by the laws that apply to you and to the person photographed.
4. Tasks and Data Collection Campaigns
4.1 How Tasks Work
Sphere may publish Tasks — structured data collection campaigns with specific requirements describing the type of Content needed (for example, photos of specific objects, environments, or scenarios). Tasks may specify content type, subject matter, quality standards, and other requirements.
4.2 Task Participation
Participation in Tasks is voluntary. When you upload Content for a Task, your submission is evaluated against the Task's requirements. Content that meets the requirements may be accepted and included in a collection for sale.
4.3 No Guarantee of Acceptance
Submitting Content for a Task does not guarantee acceptance or compensation. Sphere determines acceptance criteria and may modify Task requirements, close Tasks, or limit participation at any time.
5. License Grant
5.1 Your Ownership
You retain ownership of all Content you upload. Nothing in these Terms transfers your copyright, intellectual property, or underlying ownership rights in your Content to Sphere or any third party.
5.2 License to Sphere
By uploading Content, you grant Sphere a non-exclusive, worldwide, royalty-free, perpetual, sublicensable (through multiple tiers), transferable license, irrevocable except as stated below, to:
- Store, host, process, and display your Content within the Sphere platform
- Curate, organize, and package your Content into collections for sale
- Generate metadata, previews, thumbnails, and classifications of your Content
- Sublicense your Content to approved buyers under the terms of completed marketplace transactions
- Use your Content, and data derived from it, to train, fine-tune, evaluate, benchmark, and ground machine learning and artificial intelligence systems, and to license those uses to others
- Use your Content to operate, maintain, and improve the Services
This is a license, not an assignment: you keep your copyright. For Content that has not been included in a sold collection or used for training or evaluation, you may request deletion at any time (subject to Section 12), which terminates this license for that Content.
For Content that has been included in a sold collection, the license granted to Sphere and the sublicense granted to the buyer are perpetual and irrevocable with respect to that transaction. This is necessary to ensure that buyers who have paid for and received Content can continue to use it under their license terms. You retain ownership, but you cannot revoke a license already granted through a completed sale.
5.3 Buyer Use of Content
Buyers who purchase collections containing your Content receive a license to use it for purposes including training, fine-tuning, evaluating, and developing machine learning and AI systems. Buyers do not receive ownership of your Content. The specific license terms are determined by Sphere and disclosed in the applicable marketplace transaction.
6. Compensation
6.1 Per-Item Rates
Approved Content earns a fixed reward, shown in the Sphere application. The current rate is $0.01 per approved photo; each Task shows its own reward before you start. Sphere may change rates for future Content with notice in the application. Rewards are credited to your balance as pending when your Content is approved, and become payable once the collection that contains your Content has been sold. In the application you will see this as "once the batch is filled you'll be paid."
6.2 Earnings Are Not Guaranteed
Uploading Content does not guarantee compensation. Only Content that Sphere approves earns a reward, and rewards become payable only after the collection containing your Content has been sold. Sphere does not guarantee that any Content will be approved, included in a collection, or that any collection will be sold.
6.3 Balances Shown in the Application
The Sphere application shows your pending and payable balances. These reflect the per-item rates in Section 6.1 and are not a prediction of future earnings.
7. Payouts
7.1 Payout Eligibility
To request a payout, you must meet all of the following:
- A balance of at least $25.00 in approved earnings (photo and Task rewards together)
- Completion of the one-time identity verification described in Section 7.2
- Confirmation that you are at least 18 years old
- Completion of the required tax form (Section 7.6)
- A connected payout method (Section 7.3)
Sphere may adjust the minimum balance at any time with notice in the application. You can upload and earn before you are verified; verification is not requested until your balance reaches the minimum.
7.2 Identity Verification
When your approved earnings first reach the minimum, you must verify your identity once. Verification is performed by our third-party provider, Didit, and consists of scanning a government-issued ID, taking a selfie, and a liveness check that compares your face to your ID. Didit collects and processes that information, including biometric data, under its own terms and privacy notice. Sphere receives only the result and related details (such as verification status, the country and type of your ID, and whether you are over 18). Sphere does not store your ID images or biometric data. Once you are verified you do not need to verify again unless we have a legal or security reason to ask. If verification is declined, or shows that you are under 18, we will not make payouts to you.
7.3 Payout Methods
Sphere supports payout through PayPal, Venmo (United States only), Stripe, and other methods we may add. You choose one active method at a time and are responsible for providing accurate payout information. Sphere is not liable for payments sent to incorrect accounts due to information you provided. Availability of each method varies by country.
7.4 Currency and International Payouts
All earnings are calculated and denominated in United States Dollars (USD). If you are located outside the United States, your payout may be converted to your local currency by your payment provider or bank. Any currency conversion fees, foreign transaction fees, or exchange rate differences are your responsibility. Sphere is not responsible for fluctuations in exchange rates or fees charged by intermediary banks or payment processors.
7.5 Payout Processing and Sanctions Screening
Payouts are processed when you request a withdrawal and meet all eligibility requirements, and may be reviewed by Sphere before they are sent. Processing times depend on the payout method and may take several business days. Failed transfers may be retried on your next withdrawal request. We screen payouts against applicable sanctions lists. A payout that involves a sanctioned person or jurisdiction is held for legal review and is not sent automatically, and we may be required to decline it.
7.6 Taxes
You are solely responsible for reporting and paying all taxes owed on compensation received through Sphere. Before your first payout we collect a tax form: a Form W-9 if you are a U.S. person, or a Form W-8BEN if you are not. You may sign it electronically in the application. Sphere stores it securely and may report payments to tax authorities, and withhold tax, as required by law.
7.7 Withholding and Forfeiture
Sphere may withhold, reduce, or reverse earnings if:
- Content is found to violate these Terms after acceptance
- Fraud, abuse, or manipulation is suspected
- Content is removed due to a rights dispute or takedown request
- A buyer disputes or reverses a transaction
- Required by law
8. Prohibited Conduct
You agree not to:
- Upload Content you do not own or have the right to license
- Upload AI-generated, synthetic, or manipulated Content and represent it as original
- Upload duplicate Content or substantially similar copies to inflate contribution counts
- Create multiple accounts to circumvent limits or thresholds
- Manipulate metadata, labels, or attestations to deceive review systems
- Interfere with the platform's automated review, classification, or fraud detection systems
- Use bots, scripts, or automated tools to upload Content
- Reverse engineer, scrape, or extract data from the Sphere application or services
- Harass, abuse, or threaten Sphere staff, other Contributors, or buyers
- Upload child sexual abuse material, or intimate, sexual, or non-consensual imagery of any person (Sphere reports apparent child sexual abuse material to the authorities as required by law)
- Upload copyrighted works you do not own, or Content whose subject is another party's watermark, logo, or brand assets
- Upload another person's personal information, such as identity documents, license plates, or private messages, unless a Task expressly asks for it
- Misstate whether a person in your Content has consented, or submit a false model release
- Use the Services for any illegal purpose
9. Content Removal and Account Termination
9.1 Content Removal
Sphere may remove any Content at any time for violation of these Terms, quality concerns, rights disputes, legal requirements, or any other reason at its sole discretion.
9.2 Account Suspension and Termination
Sphere may suspend or terminate your account if:
- You violate these Terms
- Fraud or abuse is detected
- You make false attestations about Content ownership or originality
- Required by law
9.3 Effect of Termination
Upon termination:
- Your access to the Services will be revoked
- Unsold Content may be removed from the platform
- Earned but unpaid compensation for Content already sold may still be payable, subject to Sphere's review for fraud or Terms violations
- Content already licensed to buyers under completed transactions will remain available to those buyers under their existing license terms
10. Intellectual Property
10.1 Sphere's Property
Sphere retains all rights in:
- The Sphere application, platform, and services
- The Sphere brand, name, logos, and trademarks
- Metadata, classifications, and labels generated by Sphere's systems
- Collection curation, packaging, and presentation
10.2 Your Property
You retain all ownership rights in Content you upload. The license you grant under Section 5 does not transfer ownership.
11. DMCA and Rights Disputes
If you believe content on Sphere infringes your intellectual property rights, you may submit a notice to contact@getsphere.xyz. Sphere follows the DMCA takedown and counter-notification process.
If Content you uploaded is the subject of a rights dispute, Sphere may restrict access to the Content while investigating and may remove it if the dispute is not resolved.
12. Content Deletion and Data Retention
You may request deletion of Content that has not been sold or included in an active license. Content that has been sold and licensed to a buyer cannot be retroactively removed from that buyer's license.
Sphere may retain transaction records, account information, and related data as required for tax, audit, compliance, and legal purposes even after your account is closed or Content is deleted.
13. Disclaimers
The Services are provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
Sphere does not warrant that:
- The Services will be uninterrupted, error-free, or secure
- Any Content will be accepted, included in a collection, or sold
- Any particular level of compensation will be achieved
- Estimated values shown in the application will match actual earnings
14. Limitation of Liability
To the maximum extent permitted by law:
- Sphere is not liable for any indirect, incidental, special, consequential, or punitive damages
- Sphere's total liability to you is limited to the total compensation actually paid to you through the Services in the twelve (12) months preceding the claim
15. Indemnification
You agree to indemnify and hold harmless Sphere and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:
- Content you upload that infringes third-party rights
- False attestations about Content ownership or originality
- Your violation of these Terms
- Your violation of applicable law
16. Governing Law
These Terms and any disputes arising under them are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles. If you are a consumer in a jurisdiction whose laws grant you mandatory consumer protection rights that cannot be waived by contract, those mandatory rights will apply to the extent required by law.
17. Dispute Resolution and Arbitration
17.1 Informal Resolution
Before initiating any formal dispute, you agree to contact us at contact@getsphere.xyz and attempt to resolve the dispute informally for at least thirty (30) days.
17.2 Binding Arbitration
If we cannot resolve the dispute informally, you and Sphere agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration, rather than in court, except that either party may bring claims in small claims court if eligible.
Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration will take place in Wilmington, Delaware, or at another mutually agreed location, or via telephone or video conference if permitted by the arbitrator. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.
17.3 Class Action and Jury Trial Waiver
You and Sphere each waive the right to a jury trial. You and Sphere each waive the right to participate in a class action, collective action, private attorney general action, or any other representative proceeding. All disputes must be brought in an individual capacity, not as a plaintiff or class member in any purported class, collective, or representative proceeding.
17.4 Exceptions
Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights.
17.5 International Users
If you reside in a jurisdiction where binding arbitration or class action waivers are not enforceable (for example, the European Union), the arbitration and class action waiver provisions in this section will not apply to you. In that case, disputes will be resolved in the state or federal courts located in Delaware, except where your local law requires disputes to be resolved in your local courts.
18. Export Controls and Sanctions
The Services are subject to United States export control and sanctions laws and regulations. You agree not to use the Services in violation of any applicable export control or sanctions laws, including those administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) and the U.S. Department of Commerce.
19. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.
20. Entire Agreement
These Terms, together with the Consumer Privacy Policy and any Task-specific terms presented in the application, constitute the entire agreement between you and Sphere regarding the consumer services. These Terms supersede all prior agreements, representations, and understandings regarding the same subject matter.
21. Assignment
You may not assign or transfer these Terms or your rights under them without Sphere's prior written consent. Sphere may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets without your consent.
22. Force Majeure
Sphere will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from causes beyond our reasonable control, including natural disasters, war, terrorism, civil unrest, government actions, epidemics, pandemics, internet or infrastructure failures, or third-party service outages.
23. Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by Sphere.
24. Changes to These Terms
Sphere may update these Terms at any time. Material changes will be communicated via email, push notification, or in-app notice. For material changes we may ask you to accept the updated Terms in the application before you continue, and we record the version you accepted. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.
25. Contact
Aquilae AI, Inc.
Email: contact@getsphere.xyz