Terms of
Service.

By accessing the Site, submitting a takeover, or paying for one, you accept these Terms and our Rules. If you are paying on behalf of a company, you confirm you are authorised to bind it, and “you” means both you and that company. If you do not agree, do not use the Site and do not pay.

You must be at least 18 and able to enter a binding contract.

A “takeover” is a one-off, non-recurring payment that buys exactly one thing: an entry in the public bid record on the Site, consisting of your brand name, the website you provided, the amount you paid and the rank that amount earns against every other paid bid, kept on the Site for at least 12 months from the date your takeover is published (the “Record Period”).

Ranking is by amount paid, highest first. Ties are ordered by time of publication, earliest first. We may change how the record is paginated, styled, filtered or labelled, and we may show more or fewer entries on any given page, as long as your entry remains retrievable on the Site for the Record Period.

Nothing else on the Site is part of what you are buying. In particular, the following are presentation only and are not guaranteed in any form: placement on a specific garment or “space” (cap, tee, sleeve, trousers, shoes or any other), the size, position, view or visibility of your logo, any photograph, render, timelapse, 3D model, animation or video, any “milestone”, print, shirt or physical object, the Human’s attendance at any event or appearance in any media, and any traffic, impressions, clicks, leads, sales or other outcome.

The Site is an evolving project. The garments, spaces, image formats, rendering pipeline, the live view, the leaderboard design, the prints and the physical artefacts are experiments we run and change at our discretion. We will make reasonable efforts to show every live brand well, but we may, at any time and without notice or compensation: add, remove, resize, move, merge or split spaces; change or discontinue any garment, view, render or format; re-render, crop, recolour or regenerate any image including your logo; pause, delay or cancel any print or physical milestone; and redesign any page of the Site.

If a space you paid for is changed or removed, your entry stays in the bid record at the amount you paid and the rank it earns. That is the full extent of our obligation.

• A takeover must be at least $5 above the current live amount. We may change starting prices and minimum increments for future takeovers at any time.
• Payment is taken in full by card through Stripe when you submit. We do not hold funds in escrow and we do not offer instalments, invoices or purchase orders.
• There is no pre-publication review. When Stripe confirms payment and your amount still clears the live price, your takeover is published automatically.
• There is no closing date. Another brand may take over the same space at any time by paying more than you did. When that happens you are “outbid”: your entry remains in the record at the amount you paid, and the new brand takes the visual placement. Being outbid is a normal outcome, not a fault, and is not refundable.
• If your amount no longer meets the minimum when payment settles because another checkout published first, your payment is automatically refunded in full.
• We may correct obvious errors in prices, ranks or amounts. If a correction affects a published takeover we will tell you by email.

Before publication: if another checkout wins the same space before your payment settles, the full amount is automatically refunded to the card that paid, usually within 5–10 business days depending on your bank.

After publication: once your takeover is published and listed, the service has been fully delivered and the payment is consumed. There is no refund, partial refund, credit, transfer or cancellation for any reason, including: being outbid; a space, garment, format, image or print changing or being discontinued; a render or photo not matching your expectations; a logo you supplied appearing differently than you expected; the Site being unavailable for a period; a lack of traffic or results; or a change of mind. To the maximum extent permitted by law, you waive any statutory withdrawal or cooling-off right, because you asked us to perform the service in full immediately on payment and acknowledged that once performed it cannot be returned.

Chargebacks: you agree not to dispute or reverse a published takeover with your card issuer. If you do, you agree that these Terms, the Rules, your checkout confirmation and the bid record itself are evidence that the service was delivered as described. We may remove your entry from the bid record while a dispute is open, may permanently remove it if the dispute is decided against us, may recover any fees the dispute costs us, and may refuse future takeovers from you or your brand.

You confirm that you own or are licensed to use the brand name, logo, images and website you submit, and that they do not infringe anyone’s rights, are not misleading, and are lawful in the United States and wherever you are based.

You grant us and the Human a worldwide, non-exclusive, royalty-free, perpetual, irrevocable licence to reproduce, adapt, crop, recolour, render, print, display, distribute and otherwise use your brand name, logo and link on the Site, on the outfit, in photographs, renders, videos and timelapses, in physical prints and artefacts, in the permanent bid record, and in any material promoting the Site — during and after the Record Period. This licence survives your takeover being outbid or removed and survives termination of these Terms. It does not transfer ownership of your marks to us.

Publication is automatic and is not an endorsement. We may remove or replace any logo or link after publication if we believe it breaches these Terms, is technically unsuitable, or if the Human no longer wishes to wear it. Removal of the visual placement does not affect your entry in the bid record and is not refundable. If a link becomes dead, harmful or changes to prohibited content, we may unlink it or remove the entry; the entry itself remains in the record.

Prohibited: anything illegal, hateful, sexually explicit, defamatory, deceptive, malware, phishing, spam, unlicensed gambling, and anything impersonating another person or brand. Submitting a takeover for a brand you are not authorised to represent is fraud and will be reported.

The person wearing the outfit (the “Human”) is an individual, not your employee, agent, endorser or ambassador. Automated publication of your takeover does not mean the Human or we endorse your brand, and you may not say or imply that it does. You may say, truthfully, that your brand holds or held a rank in the Brand A Human bid record.

The Human receives a share of paid takeovers. How, when and whether that share is paid is a matter between us and the Human and creates no obligation to you.

We provide the Site “as is” and “as available”. We do not promise it will be uninterrupted, error-free or secure, or that rankings, renders or live views will update in real time. Downtime, delays, bugs, display errors and data loss can happen. If the bid record is lost or corrupted we will restore it from our records in good faith; that restoration is your sole remedy.

We may suspend, change or shut down the Site or any part of it. If we shut down the Site entirely before your Record Period ends, we will, at our option, either keep a static copy of the bid record reachable at brandahuman.com or a successor address for the remainder of the Record Period, or refund the paid amount reduced pro rata for the portion of the Record Period already served. That is the only circumstance after publication in which any amount may be returned.

Except for the single guarantee in section 2, we make no warranty of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, non-infringement, or any warranty that the Site or the exposure of your brand will meet your expectations or produce any result. Any statement on the Site about earnings, milestones, prints, audiences or future plans is aspirational and may not happen.

To the maximum extent permitted by law: our total liability to you for anything arising out of or relating to the Site, these Terms or any takeover is limited to the amount you paid us for the takeover in question. We are not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profit, revenue, goodwill, data or business opportunity, even if we were told it was possible. These limits apply to every theory of liability, including contract, tort, negligence and statute, and apply to the Human personally as well as to us.

Some jurisdictions do not allow some of these exclusions; in those places our liability is limited to the smallest amount the law allows.

You will defend, indemnify and hold harmless us, the Human, and our respective owners, officers, contractors and successors from any claim, loss, liability, cost or expense (including reasonable legal fees) arising from your brand, logo, link or website; your breach of these Terms; your violation of any law or of anyone’s rights; or any chargeback or dispute you raise over a published takeover.

If you have a problem, email HUMAN001@brandahuman.com first. We will try to resolve it within 30 days. You agree not to start any formal proceeding or card dispute before that period ends.

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law rules. Any claim that cannot be resolved informally will be brought exclusively in the state or federal courts located in the State of Delaware, United States, and you consent to their jurisdiction. You agree to bring claims only on an individual basis and not as a plaintiff or class member in any class, consolidated or representative action. Any claim must be filed within one year of the event giving rise to it or it is permanently barred.

To process a takeover we collect your brand name, website, email address, the logo you upload and the amount you pay. Card details go directly to Stripe and never touch our servers; Stripe’s privacy policy applies to them. We store bid data on Cloudflare (D1 and R2) in the United States.

Your brand name, website, logo, amount, rank and publication date are public by design and appear on the Site and in the bid record for at least the Record Period, and may remain in the permanent ledger, renders and prints after it. Your email address is not published; we use it to confirm payment, tell you about publication, refunds, being outbid or changes affecting your entry, and to respond to you. We do not sell personal data. We use privacy-respecting analytics to understand how the Site is used. You can ask to see or correct the personal data we hold about you at HUMAN001@brandahuman.com; because the bid record is the product you purchased and a public record of the market, we will not remove published entries from it on request during the Record Period except where the law requires.

We may update these Terms and the Rules at any time by posting the new version on the Site with a new effective date. Changes apply to takeovers paid after that date. The single guarantee in section 2 will not be shortened for takeovers already published. Continuing to use the Site after a change means you accept it.

These Terms and the Rules are the entire agreement between you and us about the Site and replace anything said elsewhere, including on social media, in email, or in marketing copy. If any part is unenforceable, the rest stays in force and that part is applied to the fullest extent the law allows. Our not enforcing a term is not a waiver. You may not assign your takeover or these Terms; we may assign them to any successor of the Site. Nothing here creates a partnership, agency, joint venture or employment relationship. Notices to you go to the email you gave at checkout; notices to us go to HUMAN001@brandahuman.com.