GTC

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Article 1 – Purpose and scope

These general terms and conditions of sale (GTCS) form the basis of the commercial sale and are systematically submitted to each buyer for validation before he or she can place an order.

The general terms and conditions of sale described below detail the rights and obligations of SAS WEABLE and its customer in connection with the sale of Products.

Acceptance of the quotation/order form, including the clause “I acknowledge that I have read and accept the attached general terms and conditions of sale”, implies the buyer’s unreserved acceptance of these general terms and conditions of sale.

Article 2: Services

SAS WEABLE offers a range of services through its platform.

Article 2.1 – Custom image generation

SAS WEABLE offers its users a customized image generation service. This means that users can provide specific text descriptions, on the basis of which the images are generated by the AI. The user then receives a selection of image proposals corresponding to his Query. Please note that these images are generated “as is”, without any guarantee of relevance, quality or accuracy in relation to the user’s initial request.

The user is free to choose whether or not to purchase one or more of the images generated. Fees applicable to the purchase of images will be clearly indicated to the user prior to any transaction.

Article 2.2 – Purchase of images created and stored in the Image Bank

SAS WEABLE also offers users access to an image bank, generated and fed by an Artificial Intelligence (AI) system. This image bank is categorized according to different themes and is able to respond to queries formulated by Users.

As part of this service, the Company allows Users to purchase one or more images of their choice, by selecting them on the platform.

Article 2.3 – Purchase of personalized image packs

SAS WEABLE offers users a service for purchasing packs ofAI-generated images specially tailored to their needs and preferences. This service is structured in three distinct stages:

Defining requirements: The user specifies criteria and preferences, such as theme, style, color palette, number of images required, and any other specificities. This information is transformed into a Request by the ChatGPT AI.

Image creation: After receiving the definition of requirements, the platform generates images corresponding to the user’s specifications.

Receipt of pack: Within 72 hours of your request, you’ll receive your pack of personalized images, ready to use for your project. The pack is delivered directly to the user’s account on the All Images platform.

When purchasing an image pack, the user obtains the right to use all the images included in the pack. It is important to note, however, that SAS WEABLE cannot guarantee that all the images contained in a pack will be perfectly suitable or useful for all users.

Article 2.4 – External website integration and automated image generation

SAS WEABLE offers a specific website integration service for automatic image generation. This service is designed to provide a continuous stream of Artificial Intelligence-generated images, specifically tailored to the textual content of the user’s website.

By choosing to use this service, the User expressly grants the Company the right to access and use certain information necessary to enable the automated generation of images.

It is important to note that the use of this service is subject to the General Terms and Conditions of Use of the API of the All-Images service, with which the Company is connected.

The User is solely responsible for backing up data and managing the connection appropriately in order to minimize risks.

Article 3 – Image generation process

The image generation service offered by SAS WEABLE is based on an interactive process optimized to give the user a personalized experience. Here are the main steps in the process:

User input: First, the user enters a Request.

Selecting generation options: The user can then further customize the generation process by selecting various options, such as lighting conditions, the type of camera used, and other factors that could influence the final rendering of the image.

Query refinement: At this stage, ChatGPT steps in to refine the original query. This can involve adding extra detail, eliminating ambiguities, or any other adjustment that might improve the accuracy of image generation.

Transmission to the AI generation model: Once the query has been optimized, it is sent to the AI generation model for image generation.

Image generation: This AI then processes the request and generates the requested image, which is then returned to the user via the SAS WEABLE platform.

Article 4: Use of tools to operate the Service.

Article 4.1 – Use of ChatGPT and Limitation of Liability

To offer the Service to its users, SAS WEABLE relies on ChatGPT, an artificial intelligence tool developed by OpenAI, to refine and optimize users’ image requests before transmitting them to the image-generating artificial intelligence.

As an intermediary, SAS WEABLE only transmits user requests to ChatGPT and has no control, influence, or active participation in the processing of these requests or in the optimization performed by ChatGPT. The User understands and accepts that SAS WEABLE is not in a position to guarantee the quality, accuracy, relevance or satisfactory nature of the optimization performed by ChatGPT.

Similarly, SAS WEABLE disclaims all liability for any direct, indirect, incidental, special, consequential or punitive damages arising out of the use or inability to use ChatGPT in the creation process, unless such damages are directly attributable to a fault of SAS WEABLE.

SAS WEABLE reserves the right, at its sole discretion and at any time, to change the query optimization tool used in the creation process without prior notice.

The ChatGPT service is used in accordance with the General Terms and Conditions of the OpenAI platform, available below:

Privacy policy: https://openai.com/policies/privacy-policy

Conditions of use: https://openai.com/policies/terms-of-use

Terms of use for plugins and APIs: https://openai.com/policies/plugin-terms

Article 4.2 – Use of the IA Image Generation Service and Limitation of Liability

To offer the Service to its users, SAS WEABLE relies on the AI image generation service to process users’ image requests and generate the corresponding images.

As an intermediary, SAS WEABLE only transmits user requests to

AI Image Generation has no control, influence, or active participation in the processing of these requests or in the generation of the images.

The User understands and accepts that SAS WEABLE is unable to guarantee the quality, accuracy, relevance or satisfactory nature of images generated by AI that are not certified by SAS WEABLE. These images are provided “as is” and their use is entirely the user’s responsibility.

SAS WEABLE shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of the use or inability to use AI-generated images that have not been certified by SAS WEABLE, unless such damages are directly attributable to a fault of SAS WEABLE.

SAS WEABLE reserves the right, at its sole discretion and at any time, to change image generation service providers without prior notice.

SAS WEABLE disclaims all liability for any misplaced images generated and for the banning of the AI image generation model supplied.

Article 5 – Submitting requests to the IA

Requests” are all information entered by the user to generate images.

The term “Request” includes :

  • User input for custom image design
  • Defining requirements to create a customized pack
  • All data retrieved from the linked website in the case of automated image generation

The User may submit textual Requests to the Artificial Intelligence (AI) via the appropriate interface on the Site. The Request must be formulated in plain language and must not contain ambiguous or misleading instructions.

SAS WEABLE reserves the right to refuse any Request which is contrary to applicable laws and regulations, which infringes the rights of third parties, which is offensive, defamatory, abusive, illegal or inappropriate in any way whatsoever, or which violates these Terms and Conditions.

The User undertakes not to submit any Requests containing confidential information or personal data, either his own or that of third parties. In particular, Requests must not include names, addresses, telephone numbers, e-mail addresses, social security numbers, credit card numbers, dates of birth or any other information that could be used to identify a person.

As a reminder, article 4.1) of the General Data Protection Regulation defines personal data as

“any information relating to an identified or identifiable natural person (hereinafter referred to as the “data subject”); an “identifiable natural person” is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his physical, physiological, genetic, mental, economic, cultural or social identity;”

The User also undertakes not to submit any Requests containing sensitive data or health data.

The User is solely responsible for the content of the Request he submits to the Site. It must ensure that the Request complies with these Terms and Conditions and all applicable laws and regulations.

SAS WEABLE cannot be held responsible for any error, omission or ambiguity in the Request submitted by the User, nor for any unsatisfactory result of the image generation by the AI.

By submitting a Request to AI, the User grants SAS WEABLE a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, store, display, reproduce, modify, create derivative works from, and distribute its Request content in connection with the operation of the Site and the Service.

Article 6: Purchasing process

To make a payment on the Website, you will be redirected to a page summarizing the details of the products you have selected and their price. You will then need to choose the payment method that suits you best.

Article 7 – Validation of your order

You declare that you have read and accepted these General Terms and Conditions of Sale before placing your order, expressly, by clicking on a box that is unchecked by default. Validation of your order therefore implies acceptance of these General Terms and Conditions of Sale.

By accepting these General Terms and Conditions of Sale, you agree that a summary of your order information will be sent to you in PDF format via the e-mail address entered when confirming your order, or via the e-mail address entered in your customer account.

By accepting these conditions, you also agree that electronic invoices may be made available to you in “.pdf” format in the Your Account area of our Website.

Article 8 – Rates, Payment and Billing Conditions

Prices are those in force on the day of the order. They are denominated in euros and calculated exclusive of tax. Consequently, they will be increased by the VAT rate applicable on the day of the order.

SAS WEABLE reserves the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered.

Payment is made online by the User using Stripe.com’s secure payment system, by credit card or any other payment method accepted by Stripe.com and indicated on the Site. The User guarantees SAS WEABLE that he/she holds all the necessary authorizations to use the chosen means of payment.

All payments are made in euros and are non-refundable, unless otherwise expressly stipulated in these General Terms and Conditions of Sale or where required by applicable law.

In the event of late payment, SAS WEABLE reserves the right to suspend or terminate the User’s access to the Service, and to demand payment of the sums due, as well as late payment interest calculated at the current legal rate.

SAS WEABLE also reserves the right to take any measures necessary to collect the sums due, including legal action. All costs associated with this procedure will be borne by the defaulting User.

Invoices will be made available to the User in his user account on the Site. It is up to the User to consult and download them for his own administrative or accounting needs.

Article 9 – Conformity of Generated Images

SAS WEABLE prohibits the creation of images that contain or encourage illegal, defamatory, hateful, discriminatory, violent, sexually explicit or any other reprehensible behavior. In this sense, it prohibits any image that does not comply with the present terms and conditions of sale.

If an image generated by AI is deemed not to comply with these standards or rules, SAS WEABLE reserves the right to cancel the User’s order and remove the image from the Site.

In the event that the User’s order is cancelled due to the non-conformity of the image generated, the User will be entitled to a refund of the amount paid for the order, unless the User intentionally or negligently provided information or requests that led to the creation of such an image.

The refund will be made by the same means of payment used by the User for the initial transaction.

SAS WEABLE reserves the right to report to the competent authorities any illegal or reprehensible activity it detects in connection with the User’s use of the Service.

The User agrees not to use the Service to create images that violate the rights of others, applicable laws or regulations, or these Terms and Conditions.

In the event of a breach of this obligation, the User shall be held solely responsible and shall indemnify SAS WEABLE for any damage or loss resulting from such breach.

Article 10: Uniqueness of Images Produced by IA

When it comes to generating images using Artificial Intelligence (AI), two key elements come into play: the “prompt” and the “seed”. The prompt is the instruction or indication given to the AI to guide the creation of the image, and can be a word, a phrase, or a more detailed description. As for the seed, it’s a randomly generated number used to initialize the AI’s random generator, which directly influences the final result.

By the term “unique”, SAS WEABLE means that each image produced is specific and unique to the user’s request and to the randomly generated seed parameters.

However, it’s important to note that this uniqueness is intrinsically linked to the combination of the specific prompt and seed provided by the user. In other words, if two users supply the same prompt and seed to the image generation service, the system will produce identical or very similar images, due to the deterministic nature of the underlying AI technology.

In this context, the Company undertakes to preserve the uniqueness of each image produced from distinct requests. However, the Company cannot be held liable in the event that several users supply the same prompts and seeds, leading to the production of similar images.

To maximize the uniqueness and originality of your images, we encourage our users to be as specific and detailed as possible when defining their prompts.

We also remind you that the uniqueness of an image does not confer intellectual property rights on the person who acquires it. Indeed, images generated by Artificial Intelligence cannot be considered as intellectual works, and therefore cannot be protected by copyright.

Article 11: Non-Conforming Image Notification Form

Dear user, if you encounter an image generated by our service that you believe does not meet our standards of quality, accuracy, compliance, or presents any other problem, please fill out this report form. Your feedback is invaluable to us in improving the quality of our service.

 

Non-conforming Image Reporting Form

 

Fields marked with an asterisk are mandatory.

 

*Name: [………………………]

 

*First name: [………………………]

 

*Email address: [………………………]

 

URL or image ID (if available): [………………………]

 

*Image description (please include as much detail as possible): [………………………]

 

*Detailed explanation of non-conformity (please explain why you think the image is non-conforming): [………………………]

 

* Screenshot of the image concerned. [Télécharger le fichier]

 

I certify that the information provided in this form is correct and complete. I understand that providing false information may result in my application being rejected.

 

Date: [………………………]

Signature: [………………………]

 

Thank you for your cooperation,

 

The SAS WEABLE team

 

Once you have completed the form, please send it to the following address: contact@all-images.ai. Our team will review your report as soon as possible and contact you to inform you of the action taken in response to your request.

Article 12 – Image certification

SAS WEABLE has set up a certification process carried out by a qualified member of its team for some of the images generated by the Service. These images, identified by a blue and white logo in the top right-hand corner of the image, are called “Certified Images”.

The purpose of this review is to ensure that these images meet high standards of quality and compliance.

  1. In terms of quality, SAS WEABLE checks that the generated image is clear, well-defined and free from any major generation defects.
  2. In terms of compliance, SAS WEABLE ensures that the image generated does not violate any applicable law, that it contains no defamatory, offensive, illegal or inappropriate elements, and that it respects generally recognized ethical and moral principles.

In the event that a Certified Image does not comply with these standards, the User is invited to notify SAS WEABLE. The latter undertakes to rectify the problem as far as possible, subject to the limitations and exclusions provided for in these General Terms and Conditions of Sale and by applicable law.

The responsibility of SAS WEABLE concerning the images generated by the Service is limited solely to the Certified Images. All other images are provided “as is” and are the sole responsibility of the user.

The User acknowledges that the certification logo is a distinctive sign of SAS WEABLE and undertakes not to use, reproduce or distribute it without the prior written authorization of SAS WEABLE.

The User understands that only SAS WEABLE has the right to apply the certification logo to the images. Any imitation or unauthorized use of the certification logo by a user or third party may be considered a breach of contract and may result in legal action in accordance with applicable civil and criminal laws.

Article 13 – Delivery and Format of Generated Images

SAS WEABLE undertakes to make available to the User the images generated by AI in response to a valid request, in accordance with the conditions defined in the present Terms and Conditions.

The images generated by AI will be delivered in digital form to the User via the Site or by e-mail to the e-mail address associated with the User’s account. The User undertakes to provide a valid e-mail address and to check his/her inbox regularly.

AI-generated images will be supplied in a standard format (e.g. JPEG, PNG). It is the User’s responsibility to have the appropriate software and hardware to open and use these images.

SAS WEABLE endeavors to deliver custom-generated images within a reasonable time after the User has submitted a request. However, SAS WEABLE cannot guarantee a precise delivery time, which may vary depending on various factors such as the volume of requests received, the complexity of the request, and the processing capacity of the AI.

SAS WEABLE cannot be held responsible for delays in delivery or non-delivery of custom-generated images caused by technical problems beyond its control, such as server problems, AI errors, or problems with the User’s e-mail.

If the User is unable to download or receive the generated image after delivery, the User must inform SAS WEABLE as soon as possible so that SAS WEABLE can take the appropriate measures.

The User agrees that SAS WEABLE may delete images generated from its servers after a reasonable period of time, which will be communicated to the User. After this period, the generated image may no longer be available for download.

13.x Unpurchased custom image management

When a User requests the creation of custom images via the Service, eight (8) image proposals are generated in response to his/her prompt. These images will remain available exclusively to the User for a fixed period of thirty (30) days from the date of their creation. At the end of this period, images not acquired by the User may be put up for sale on the Site and made accessible to all Users.

However, these images will always remain available within the initial User’s account for possible future purchase. In the event that such an image is acquired by another User after the thirty (30) day period, SAS WEABLE reserves the right to remove the display of said image from the account of the original User.

By placing an order for custom images, the User expressly accepts these terms and conditions, and acknowledges that at the end of the thirty (30) day period, any images not purchased will be made public and integrated into the Site’s general offer, in accordance with these Terms and Conditions of Sale.

This clause does not apply to Users with an Ultimate subscription, for whom public disclosure of custom-generated images will in all circumstances remain excluded.

Article 14: Acquisition of Rights to Images Generated by Artificial Intelligence

No image generated by Artificial Intelligence can benefit from intellectual property protection, due to its artificial origin. Consequently, all rights to use this Image are transferred to the User by the Company upon effective payment of the agreed price, in accordance with the conditions set out in these GTS.

Notwithstanding the transfer of the rights to use the Image to the User, the Company reserves the right to reproduce, use and distribute the Images for its own promotion and that of the Service. This use will not give rise to any compensation for the User.

Article 15: Limitation of liability

SAS WEABLE makes every effort to ensure that the information provided on the Website is accurate, complete and up-to-date. However, it cannot be held responsible for any error, omission, interruption of service, loss of data, direct or indirect damage or any other form of prejudice resulting from the use of this Website or the impossibility of accessing it, unless such damage is directly attributable to a fault of SAS WEABLE.

Furthermore, the Company cannot guarantee that the Website will be available continuously, without temporary interruption, suspension or error. The Company reserves the right to modify, suspend or terminate access to the Website at any time, without notice or obligation to provide compensation.

With regard to the products and services offered on the Website, such as the generation of custom images, the purchase of image packs, or the integration of the tool into external websites, the Company makes every effort to provide accurate and up-to-date information. However, the Company cannot guarantee that the images generated by AI will exactly meet the specific expectations of each user, nor that each image will be relevant or useful to all users.

In addition, for the proper functioning of its services, SAS WEABLE uses external tools and third-party services, such as ChatGPT, image generation AIs and Discord. Although the Company makes every effort to select reliable partners and quality tools, it cannot be held responsible for any problems, malfunctions or damage that may arise in connection with the use of these external tools and third-party services.

In addition, the purchase of products and services on the Website is subject to the conditions set out in our General Terms and Conditions of Sale. The use of the Website and the purchase of products and services on the Website are the sole responsibility of the user.

It is expressly understood that this limitation of liability clause is an essential condition without which the Company would not have agreed to provide the Website, products and services.

Article 16 – Warranties

SAS WEABLE does not grant any rights or warranties with respect to the use of names, trademarks, commercial identifiers, logos, registered signs, models, works of art or architecture, or any other copyrighted materials depicted in the images. Consequently, it is the User’s responsibility to check whether any authorizations are required for the use of these images. The User is responsible for obtaining any necessary authorizations.

Article 17 – Availability

Our offers are valid as long as they are visible on the site.

When processing your order, we will inform you as soon as possible by e-mail using the address associated with your subscription or via the Communication Manager in Your Account, if products you have ordered turn out to be unavailable, we will not invoice you for these products.

Article 18 – Special conditions and promotional offers

SAS WEABLE may occasionally offer special offers, promotions, or special conditions for the use of the Service (“Special Offers”). These Special Offers may be subject to additional terms and conditions communicated to the User at the time of the offer.

The User is required to carefully read and accept these additional terms and conditions before participating in a Special Offer. In the event of any conflict between these General Terms and Conditions of Sale and the terms and conditions of a Special Offer, the latter shall prevail.

Special Offers are valid for the period indicated in the offer and may be cancelled or modified by SAS WEABLE at any time, for any reason and without notice, to the extent permitted by applicable law.

Special Offers cannot be combined with other offers or promotions, unless otherwise stated in the offer.

If the User terminates his/her account or access to the Service for breach of these Terms and Conditions, he/she may lose all benefits associated with the Special Offers without right to compensation.

SAS WEABLE reserves the right to check the User’s eligibility for Special Offers and to refuse or revoke a Special Offer if it considers that the User is not eligible or has abused the offer.

Article 19 – Modification of the service or general sales conditions

We reserve the right to make changes at any time to our Website, our procedures, and to our terms and conditions, including these Terms and Conditions.

You are subject to the terms and conditions, procedures and General Conditions of Sale in force at the time you order a product from us, unless a change to these terms and conditions, or the present General Conditions of Sale is required by an administrative or governmental authority (in which case, this modification may apply to previous orders you have made).

If any provision of these Terms and Conditions is held to be invalid, void or unenforceable for any reason, such provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Article 20 – Waiver

If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in all other situations where you breach these Terms and Conditions.

Article 21: Electronic communications

When you use any Service or send e-mails, SMS or other communications to us from your fixed or mobile equipment, you are communicating with us electronically. We will communicate with you electronically by various means, such as by e-mail, SMS or by posting e-mails or communications on the Website or through other Services, such as our Communication Manager. For contractual purposes, you agree that all agreements, information, disclosures and other communications that we send to you electronically satisfy any legal requirement that such communications be in writing, unless a specific mandatory law requires otherwise.

Article 22 – Customer service

If you have any questions, please do not hesitate to contact our customer service department.

To track your order, exercise your right of withdrawal or make use of legal or commercial guarantees, please contact us at contact@all-images.ai.

You are informed that in the context of customer service activity, your data may be accessed by subcontractors, acting on behalf of SAS WEABLE, located in countries outside the European Union. SAS WEABLE implements all necessary procedures to obtain the guarantees required to ensure the security of such transfers. For more information on how we process your data, please see Personal data.

Article 23 – Intellectual property

All texts, comments, works, illustrations, works and images reproduced or represented on the SAS WEABLE websites are strictly reserved under copyright and intellectual property law for the entire world. All “works” generated by Artificial Intelligence are excluded from the scope of this article. In this respect, and in accordance with the provisions of the French Intellectual Property Code, only use for private purposes is authorized, subject to different or even more restrictive provisions of the Intellectual Property Code. Any total or partial reproduction or representation of the SAS WEABLE sites or of all or part of the elements found on the Site is strictly forbidden.

The company names, trademarks and distinctive signs reproduced on the SAS WEABLE websites are protected under trademark law. The reproduction or representation of all or part of any of the above-mentioned signs is strictly prohibited and requires the prior written authorization of the trademark owner.

Article 24 – Legal capacity of the User

By accessing the Site and using the Service, the User declares and warrants that he/she possesses the legal capacity necessary to enter into and comply with the obligations stipulated in these General Terms and Conditions of Sale.

This legal capacity means that the User must have reached the age of legal majority in his/her country of residence and must not be under a legal protection measure (guardianship or curatorship) which could hinder his/her ability to understand, accept and respect these General Terms and Conditions of Sale.

If the User is acting in the name and on behalf of a legal entity, he declares and warrants that he is duly authorized to contract in the name and on behalf of this legal entity and that the latter agrees to be bound by the present Terms and Conditions.

SAS WEABLE reserves the right, at any time and at its sole discretion, to ask the User to provide proof of age or authorization to contract on behalf of a legal entity.

If the User fails to provide satisfactory proof of legal capacity, SAS WEABLE may, at its sole discretion, suspend or terminate the User’s access to the Site and the Service, without prejudice to any other remedy available to it under the law or these Terms and Conditions.

Article 25 – Competent court

Any dispute relating to the interpretation and execution of these terms and conditions of sale shall be governed by French law.

Failing amicable resolution, the dispute will be referred to the Nice Commercial Court.