The present General Terms and Conditions (hereinafter referred to as "GTC") are entered into between, on the one hand, ATOMY, a French société par actions simplifiée company with capital of €1.000 whose registered office is located at 99, avenue Achille Peretti, 92200 Neuilly-sur-Seine, registered with the Nanterre Trade and Companies Register under number 948 077 318 (whose VAT number is: FR03948077318 and SIRET number is: 94807731800012), contact e-mail address: laodis@argil.ai (hereinafter referred to as "Argil.ai" or the "Company") duly represented for the purposes hereof by its legal representative, and, on the other hand, a natural or legal person (hereinafter referred to as the "User"), acting as a professional or consumer, who (i) visits or uses the site accessible under the URL addresshhttps://www.argil.ai/https://www.argil.ai/ttps://www.argil.ai/ https://www.argil.ai/https://www.argil.ai/https://www.argil.ai/https://www.argil.ai/ (the "Site") or the Platform and (ii) uses the Services offered therein.
For further information on the Company, the User is invited to consult the legal notice (accessible via the following link: https://www.argil.ai/legal-mentions).
The User acknowledges (i) that these GTC, including the information required by law, have been communicated to them in a clear and comprehensible manner, on a durable medium, in an easily downloadable document, and (ii) that they are required to read them before using the Services as defined below. Argil.ai and the User are hereinafter individually referred to as a "Party" and together referred to as the "Parties".
In addition to those defined elsewhere in these GTC, capitalized terms, whether in the singular or the plural, have been defined down below.
API or APIs: means an Application Programming Interface enabling third-party sites or applications to access the Services provided by Argil.ai in real time.
Argil.ai Content: means the content available on the Platform written and/or produced by the Company, for which it is responsible as publisher.
Artificial Intelligence (or "AI"): means systems or machines that mimic human intelligence to perform tasks, solve problems and learn from data. These systems can perform a variety of functions traditionally performed by humans, such as speech recognition, visual perception, decision-making and translation into other languages. AI encompasses a range of technologies, including machine learning, where computers are trained to learn directly from data without being explicitly programmed for each task; and deep learning, a sub-category of machine learning inspired by the structure and function of the human brain (neural networks).
Creator: means the User who creates a personalized video on the Platform, generated by Artificial Intelligence.
Credit: means the value held by the User on the Platform, which can be used to create Generated Content on the Platform. These Credits are expressed in euros on the User's Personal Space.
FAQ: means the tabs written by the Company and available on the Platform explaining how it operates and the Services available on the Platform.
Generic Avatar: means a digital representation generated by Artificial Intelligence that imitates the physical characteristics, facial expressions and in particular the facial expressions of the lower part of the face and the voice of a person other than the User, based on a video of a third party who has signed a contract with Argil.ai and has consented to the use of their image as part of the Services. This Avatar is designed to enable the creation of personalized Generated Content where the Avatar acts and speaks following a script or text message provided by the User.
Generated Content: means any video, image, text, sound or other data generated on the Platform by Artificial Intelligence at the User's request.
Identifiers: means the combination of (i) User ID and (ii) personal password enabling access to the User's Personal Space and use of the Services within the limits of the rights granted to the User.
KYC: means the compulsory in-depth identity verification process for Platform Users.
Operation: means any purchase transaction of Credit on the Platform, as well as any request to generate Generated Content with Artificial Intelligence made at the User's request via their Personal Space.
Personal Space: means the User's personal space (or account) on the Platform that is accessible by the User via the Platform through the use of their Identifiers. The User's Personal Spaces are an integral part of the Platform.
Platform: means the Company's website accessible with the URL address https://www.argil.ai/ hereinafter the "Site") or its mobile application (hereinafter the "Mobile Application") through which Users can access the Services and their Personal Space. Argil.ai specifies that the Mobile Application is currently under development. Users of the Services will be informed of the availability of the Mobile Application as soon as it is accessible.
Price: means the price owed to Argil.ai by the User for the completion of an Operation.
Services: refers to all services offered by Argil.ai to Users via the Platform, as defined in the article "Description of Services". The Services are an integral part of the Platform.
User Avatar: means a digital representation generated by Artificial Intelligence that imitates the physical characteristics, and in particular the facial expressions of the lower part of the face and the voice of a User, based on an initial video submitted by the User. This Avatar is designed to faithfully reproduce the User's mannerisms and communication style, enabling the creation of personalized Generated Content where the Avatar acts and speaks following a script or text message provided by the User.
User Content: means any form of content, including but not limited to videos, images, text, sounds, and any other data or communications that Users submit, post, displays, on the Platform. This includes initial videos uploaded, texts provided for the creation of customized videos, and any other material provided by Users while using the Platform Services.
The User acknowledges having been informed, prior to the conclusion of the GTC, in a readable and understandable manner, through the provision of these GTC and in accordance with the provisions of article L 221-5 of the French Consumer Code:
- about the essential characteristics of the Services, considering the communication medium used and the Services concerned;
- about the Price of the Services and related expenses or, in the absence of payment of a Price, on any benefit provided instead of or in addition to the latter and on the nature of this benefit;
- about terms of payment, supply and performance of the contract;
- in the absence of immediate execution of the contract, about the date or deadline by which the Company commits to provide the Services;
- about the Company's identity, postal and electronic contact details, as well as on its activities, if they are not obvious from the context,about the legal and contractual warranties and how to apply them (article 16 herein),
- about the possibility of resorting to conventional mediation in the event of a dispute;
- about the right of withdrawal (existence, conditions, deadline, procedures for exercising this right and standard withdrawal form, article 15 hereof),
- about termination and other important contractual terms and conditions and, where applicable, on the costs of using remote communication technology, the existence of codes of conduct and financial sureties and guarantees;
- about accepted payment methods.
The use of the Services on Platform by a User constitutes a full and complete acceptance of these GTC and obligates the User to pay for the Services ordered, which is expressly recognized by the User, who renounces, among others, to the right to invoke any contradictory document, that would be unenforceable against the Company.
The purpose of these GTC is to define the terms and conditions under which Users may access and use the Services offered by Argil.ai. The Platform enables Users to generate personalised videos using Artificial Intelligence. The Platform aims to offer an accessible, high-performance tool that creates Generated Content, using the latest technological advancements in Artificial Intelligence featuring the User or a Generic Avatar, to meet the communication and content creation needs of Users. Use of the Platform and its Services is subject to the User's prior acceptance of and full compliance with these GTC.It is specified that these GTC are the only contractual documents enforceable to Argil.ai, to the exclusion of any other document (prospectus, summary information document, video supports, presentation of the Services, etc.) which only have an indicative and non-contractual value, and to the exclusion of any other possible conditions of service, sale or purchase of the User which cannot in any way be opposable to Argil.ai.
All Users accessing the Platform and using the Services must read and comply with these GTC, which can be accessed and downloaded when creating their Personal Space, and within the User's Personal Space. The User declares that they have read and accepted these GTC before purchasing and using the Services.The GTC and the contents of these sections may also be communicated by the Company by e-mail or by paper-mail at the User's request to laodis@argil.ai.The User formally accepts these GTC when creating their Personal Space. The User will also receive a copy by e-mail to the e-mail address provided when creating their Personal Space. Argil.ai reserves the right to adapt or modify these GTC at any time and without prior notice. Any new version posted online shall prevail over any previous version, whether printed or saved in digital or paper format by the User. The User is therefore invited to consult and regularly review these GTC. The applicable version of the GTC is the one accessible online during the User's visit and use of the Platform.In any event, Users who have a Personal Space will be informed of the entry into force of new GTC by e-mail to the e-mail address provided when creating their Personal Space and are invited to read them. Carrying out Operations and/or connecting to the Personal Space and/or using the Platform and/or the Services (even if only for consultation) implies acceptance of the current GTC. Therefore, for each Operation carried out or each Service used, the GTC in effect on the date of completion of the said Operation or use of the said Service are applicable to the User. The User is advised to save the GTC in effect on the date of use of each Service and/or completion of each Operation, notwithstanding the archiving rules implemented by Argil.ai. Users who do not wish to accept the new GTC may terminate the GTC and delete their Personal Space, in accordance with the conditions set out below.The User declares and acknowledges that they are of legal age in their country of residence (i.e., at least 18 years of age or older, depending on the country concerned) and that they have full legal capacity to enter commitments under these GTC. These GTC are concluded for an indefinite period.The User acknowledges having taken cognizance of the nature, purpose and characteristics of the Platform and Services, as well as the prerequisites necessary for their use, in particular the conditions relating to the creation of a Personal Space. The User acknowledges that they have requested and obtained all the information they requested, particularly concerning the quantitative and qualitative characteristics of the Services, enabling them to assess the suitability of the Services for their needs and to enter into the GTC with full knowledge of the facts. The User is solely responsible for choosing to use the Platform and the Services, and for carrying out Operations, such that Argil.ai cannot be held liable in any way in this respect.
5.1 Services available without creating a Personal Space
The Site's home page and certain pages of the Platform are accessible to all Internet users. The purpose of these pages is to provide Users with information about Argil.ai's activities, news (events, publications, etc.) and tutorials to guide them in using the Platform and Services. The Platform also offers features and/or information enabling Users to contact Argil.ai.However, certain pages of the Platform and certain Services are only accessible to Users who have previously created their Personal Space.The Company also manages pages presenting its activity and enabling it to publish content on social networks and interact with Internet users (notably on Facebook, Instagram, Twitter, YouTube, Pinterest, LinkedIn, etc.).
5.2 Services available subject to the creation of a Personal Space
In order to benefit from and use the Services described below, the User must create a Personal Space, particularly in accordance with the provisions of the article "Creation of a Personal Space" of these GTC.
5.2.1 Access and use of a Personal Space.
When accessing the Platform and after creating a Personal Space in accordance with the provisions of the "Creation of a Personal Space" article, the User is granted access to said Personal Space. The Personal Space allows (i) the updating of part of the User's information, (ii) the use of Services accessible subject to the creation of a Personal Space and (iii) secure access to the User's personal home page.
5.2.2 Access and use of the Platform
Access to the Argil.ai Platform and the use of its Services are structured in stages to provide Users with a better experience. The Platform enables the User to create, store on their Personal Space, and export a video generated by Artificial Intelligence, i.e., Generated Content, according to their instructions. The User can also import images and/or videos onto the Platform. A limited part of the Services is free of charge for Users, who may use all the Services subject to payment of a fee as described in article 8.1 of these GTC.
5.2.3 Creation of Generated Content
5.2.3.1 Creating the User's Avatar
Argil.ai enables Users to create Generated Content featuring, among other things, a User Avatar through Artificial Intelligence. Users can issue instructions concerning the Generated Content they wish to create, and can thus stage the User Avatar reciting the script provided by the User. However, to create a User Avatar, the User must first upload onto the Platform a video of a certain length in which the User speaks to the camera. Argil.ai will provide specific instructions that the User - having duly completed their KYC in accordance with article 7.1 of these GTC - must follow for their video to be accepted and allow the creation of their User Avatar. If these requirements are not met, the User Avatar cannot be created, and the Customer cannot generate Generated Content containing their User Avatar. The User is responsible for the proper production of the video and for the material and technical conditions under which it is produced. It is possible that the video provided by the User does not comply with the requirements set by Argil.ai in order to create the User Avatar and that it would be therefore refused by the Company - with regard to the reasons set out in article 6.2.2 hereof - which the User acknowledges and for which Argil.ai cannot be held responsible. Once the video has been imported, the Platform's Artificial Intelligence analyses the unique characteristics of the User captured in the video. This analysis includes studying voice, facial expressions and movement in minutes. Based on this analysis, Artificial Intelligence creates a User Avatar that mimics the personal characteristics of the User provided by the video. Before finalizing the User Avatar, the User can preview certain characteristics such as the User Avatar's voice and movement. This step enables the User to check that the User Avatar meets their expectations. The User acknowledges and accepts that the User Avatar is created and generated by an Artificial Intelligence developed by Argil.ai and made available to the User "as is". The User Avatar is therefore not a perfect reproduction of the User and is the result of a new technological process currently being developed and perfected. The User acknowledges and accepts that such a User Avatar is a digital representation that may present anomalies and malfunctions and does not constitute a perfect representation of the User. The User accepts that the imported video is used to create the User Avatar intended for the creation of the User Generated Content. However, the User's video is at no point used to train Argil.ai's Artificial Intelligence model but is only used to create the User Avatar intended for the creation of the Generated Content by said User. Once the video has been uploaded to the Personal Space, the User Avatar is then available, and the User may create Generated Content with the User Avatar under the conditions set out in these GTC.
Corporate entities creating Avatars on behalf of third parties acknowledge and agree that they are solely responsible for obtaining, prior to the use of any photographs or personal data, all necessary authorizations, written consents, and mandates from the individuals involved, including, but not limited to, employees, clients, or business partners. This includes compliance with all applicable data protection laws and regulations, such as the General Data Protection Regulation (GDPR) or any other relevant local laws.The Company shall not, under any circumstances, be held liable for any failure on the part of the Users to fulfill their legal or contractual obligations in this regard, including, without limitation, the failure to obtain appropriate consents or any improper use of the Avatars created. The Users shall indemnify, defend, and hold harmless the Company from any and all claims, lawsuits, or damages arising from the creation, use, or dissemination of the Avatars, including any violations of privacy rights or rights of publicity of the individuals concerned.
5.2.3.2 Generic Avatar creation
The User is hereby informed that third parties have been engaged and have signed a contract for the creation of Generic Avatars.
5.2.3.3 Creating Generated Content with a User Avatar or Generic Avatar
The User may create, on the Platform, Generated Content featuring their User Avatar or a Generic Avatar. Generated Content is created solely in accordance with the User's written instructions. The User may add images or videos that they have imported onto the Platform, or images or videos made available by Argil.ai.
The User can personalize several elements of the Generated Content, in particular: what they want their User Avatar or the Generic Avatar to say in the Generated Content; the subtitles they wish to appear; the generation language;add images, sounds, videos or transitions.The text supplied by the User will be reproduced - in principle - word for word in the Generated Content to create a personalized video in "9:16" format or in another format depending on the Services offered by Argil.ai. The User may also generate said text automatically by means of an AI on the Platform. In any event, the User must ensure that the content complies with these GTC and with current regulations. However, as the Generated Content is created solely on the basis of information supplied by the User, or under their responsibility, and is the result of a technological process based on Artificial Intelligence, it is possible that the Generated Content diverges from what the User has ordered, or that the Generated Content is not adapted to their needs. IT IS THEREFORE IMPERATIVE THAT THE USER REVIEW THE FINAL RESULT OF THE GENERATED CONTENT TO ENSURE THAT IT MATCHES THE SCRIPT PROVIDED AND THAT THE GENERATED CONTENT COMPLIES WITH THE CONDITIONS OF THE PRESENT GTC AS WELL AS CURRENT REGULATIONS. If the User chooses not to generate the Generated Content, the latter cannot be downloaded by the User. Argil.ai is not responsible for the Generated Content generated by the User, such Content being created according to the User's instructions and User Content. The User is solely responsible for the images, sounds, videos or any other element of the User Content or Generated Content. The generation of Generated Content by the User finalizes the creation of said Generated Content and marks the transfer of ownership of the Generated Content to the User, who becomes responsible for its use and/or reproduction. In any event, Argil.ai shall not be held liable for the deletion of any User Content or Generated Content that does not comply with these GTC or with any legal or regulatory provision. Once generated, the Generated Content is made available to the User in their Personal Space so that they can proceed to download said Content. Such Generated Content is provided to the User in the format specified on the Platform.
5.3 Provisions relating to the supply of services and digital content
The Generated Content ordered by the User is provided to the latter on their Personal Space, making the Generated Content ordered available or accessible, or by any appropriate means to access or download it, in any physical or virtual location chosen by the User.The Services and digital content ordered by the User are provided in their up-to-date version at the date of sale.
Generated Content ordered is usually delivered within a few minutes. Such a timeframe is indicative and Argil.ai cannot be held responsible if this timeframe is not respected.If the Generated Contents ordered have not been delivered on the scheduled date, the User may notify Argil.ai, under the conditions provided for in article L 224-25-11 of the French Consumer Code (if these provisions apply to the User):Either the suspension of payment of all or part of the Price until Argil.ai complies, under the conditions of articles 1219 and 1220 of the French Civil Code;or the cancellation of the sale, after having unsuccessfully given Argil.ai formal notice to perform without unjustified delay or within a reasonable additional period agreed expressly between the Parties.The contract will be considered terminated upon receipt by Argil.ai of written notice of such termination, unless it has been performed in the meantime.Rescission may be immediate if Argil.ai refuses to perform or if it is clear that it will not be able to deliver the Generated Content ordered, or if the delay in delivery was, for the User, an essential condition of the sale.In the event of cancellation of the sale, the sums paid by the User will be returned to them at the latest within fourteen days of the date of cancellation of the contract, without prejudice to the possible award of damages to the User.
5.4 New Services
Argil.ai may expand its range of Services by including new services on the Platform, whether these services are accessible to all Users or only through the User's Personal Space. These new services are deemed an integral part of the Services as defined in the "Definitions" section of these General Terms and Conditions. Unless otherwise indicated, the new services may be used by the User as from their effective availability on the Platform, subject, where necessary, to the prior creation by the User of a Personal Space
5.5 Evolution of Service Argil.ai may, at any time and without notice, develop, improve or adapt the Platform and Services, and more generally the services offered, with the objective, for example, of improving the functionalities offered on the Platform or as part of the Services. This may involve, in particular, the deployment of update(s), latest version(s), new services, or the deletion of existing Services. In the event of the permanent deletion of an existing Service, Argil.ai will make its best efforts to notify Users of this change with reasonable notice and provide them with alternative solutions (e.g. alternative operations, transfers to a third-party service, etc.). In the event of the permanent deletion of all Services, Argil.ai will proceed with the termination of the present GTC under the terms and conditions set forth in the article "Repudiation - Termination".Furthermore, Argil.ai may, at any time and without notice, add to or modify the Platform, its content and the Services available therein, particularly due to technological developments. The User must, where applicable, ensure that they adapt their computer resources to the changes in the Platform and Services.
5.6 Assistance
Argil.ai provides the User with technical support to provide information or assistance to Users concerning the technical aspects and functionalities of the Platform and Services.The User remains the sole master of their choices, and in particular of the choice to use the Services. Technical support does not handle requests related to the appropriateness of using the Services, and does not provide legal, tax, financial or strategic advice of any kind. This support is accessible via a dedicated e-mail address: laodis@argil.ai. Argil.ai will make its best efforts to respond to the User's request as quickly and appropriately as possible. However, Argil.ai makes no commitment as to the response time, the relevance or completeness of the content of the response, or that the response will effectively resolve the User's request or provide a solution.Furthermore, Argil.ai does not provide any advice regarding the use of the Services or, more generally, the completion of Operation. No information provided by Argil.ai should be construed as legal, tax, financial, strategic, communications or any other type of advice. Unless otherwise specified in these GTC, Operations are carried out solely on the basis of instructions communicated by the User.
6.1 Access to the Platform and Services
The User declares and acknowledges that they have the technical expertise to use the Platform and the Services and acknowledges that they have checked that the computer configuration they are using for this purpose is in perfect working condition. The User is solely responsible for the proper functioning of their computer equipment and Internet access.All costs relating to access to the Platform and Services, including hardware, software and Internet access costs, are borne exclusively by the User.IMPORTANT. The User commits to use the functionalities of the Platform, the Services and all the content to which they may have access only for purposes that comply with the regulations in force and the present GTC, and in particular with public order, good morals and the rights of third parties. Argil.ai shall not be held responsible for the User's use of the Platform and Services, particularly in the event of a breach of the provisions applicable to the User.Furthermore, the User acknowledges their responsibility to use the Platform and Services in good faith and not to damage (i) the brand image, reputation or goodwill of Argil.ai, (ii) its partners, or (iii) a third party in any way whatsoever, in accordance with articles 226-8 to 226-9 of the French Penal Code.
6.1 Content quality
6.2.1 Argil.ai Contents
The Company is responsible for the Argil.ai Content it produces (such as information, FAQs, documents, etc., in any form whatsoever, including text, figures, images, videos, etc.), excluding User-Generated Content, in its capacity as publisher of the Platform. The Services presented on the Platform may be subject to restrictions in certain countries or regarding certain persons. However, all Users of the Platform must first check with their usual legal advisers, if any, that they are entitled to consult the Platform, use it and have recourse to the Services offered by the Company. Argil.ai Content is provided and/or distributed on the Platform for information purposes only. Despite the care taken in developing and updating the Platform, Argil.ai Content is provided "as is", as generic information, and the Company cannot guarantee their accuracy, timeliness, relevance, up-to-dateness or completeness, nor its suitability for the User's needs.
6.2.2 User Content and Generated Content
The Company allows Users to post User Content, including photos, comments, links, videos and other documents. The User is responsible for the User Content they publish and/or import on the Platform and retains all rights relating to such User Content.The User is responsible for its use of the Services and any User Content and Generated Content it provides/creates, including compliance with applicable laws and regulations. All User Content and Generated Content is the sole responsibility of the User who created/distributed it.The User agrees not to provide and/or disseminate User Content or Generated Content that may be qualified as offensive, illegal, harmful, misleading, inaccurate, inappropriate, improper or constituting manifestly wrongful conduct on the part of the User (insults, threats, violence, etc.).
Although the Company does not monitor, control or assume responsibility for all Content published via the Platform, it reserves the right to delete any User Content that violates any provision of these GTC, insofar as it constitutes - for example - an infringement of the representation of a person, a violation of copyright or any other violation of an intellectual property right, a violation of an industrial property right (e.g., a brand), identity theft, unlawful conduct, harassment, etc.
For Content edited or created by the User on their User Avatar, the Company does not verify the modifications made by the User. The editing of the User Avatar by the User is entirely under the User’s control and is performed under User’s sole responsibility. The User agrees to indemnify and hold the Company harmless from any claims, demands, or legal actions arising out of such modifications. Nonetheless, the Company advises the User to exercise for the User Avatar the same precautions applicable to Generic Avatars, particularly by avoiding any infringement of the representation of a person, any violation of copyright or other intellectual property rights, any violation of industrial property rights (e.g., a brand), identity theft, unlawful behavior, harassment, or any other conduct prohibited by law.If the User believes that their User Content has been copied and constitutes an infringement of their copyright, or if the User notes the presence of User Content that is inaccurate or likely to infringe the rights of a third party or to violate a regulatory or legislative provision, they are invited to report this by e-mail to: laodis@argil.ai.
6.3 Link
Users may establish links (including redirects) to the Platform. Under no circumstances may such a link be qualified as an implicit affiliation agreement. In any event, links to the Platform must be removed at Argil.ai's first request.Argil.ai reserves the right to set up links on the Platform giving access to sites, web pages or applications other than those of the Platform, and to redirect Users to other sites, web pages or applications. Users are formally informed that the sites, web pages or applications to which they may have access via these links do not belong to Argil.ai, which reserves the right to remove the said links proposed by the Platform to a third-party application or site if the latter becomes contrary to the regulations in force or to its values. Argil.ai cannot be held responsible for access by Users via links set up on the Platform to third-party sites or other resources present on the Internet, nor for the content of information provided by these third-party sites or other resources as a result of activating said links.
When using an API, the User is required to use the "Powered by Argil.ai" badge to indicate to third parties that the User is using the API to develop its product or functionalities. Unless agreed otherwise between the Parties, the User is not authorized to use any expression that suggests or implies an official partnership with Argil.ai ("built with", "developed with", "in partnership with")
6.4 Availability of the Platform and Services
Argil.ai strives to provide a quality service and to enable the User to use the Platform and Services in the best possible conditions. In principle, the Platform and Services are available 7 days a week, 24 hours a day. However, Argil.ai is not bound by an obligation of result, but only by an obligation of means, and does not guarantee the availability, optimal operation or speed of the Platform or Services, nor their permanent and continuous accessibility.The User is hereby informed and accepts that access to the Platform and/or Services may be delayed, altered, prevented or interrupted as a result of, in particular:technical hazards inherent on the Internet, including fluctuations in bandwidth and the hazards of Argil.ai's Internet service provider, a partner of Argil.ai and their own updates and technical hazards and/or a host;force majeure;use by the User of the Platform or Services that does not comply with the GTCs or with the details and indications that may appear on the Platform;the unavailability or failure of access to the telephone network or the Internet or any other network (computer network, telecommunications or electronic communications network, etc.) by Argil.ai or by the User;unavailability linked directly or indirectly to the Artificial Intelligence system or to one of the service providers; inability to access or difficulties encountered in accessing data hosted by third parties for reasons beyond the Company's control;the unavailability or randomness of access to computer systems, applications, Internet sites or those of partners or others used by Argil.ai to provide the Services;the unavailability or loss by the User of their identifiers to access their Personal Space;an illicit, malicious or unfortunate act (including acts resulting from the action of "cybercriminals" or "hackers", logical or other attacks such as computer viruses, malicious programs, etc.), the purpose or effect of which is to damage the computer systems, applications, websites or platforms of the User, the company or the latter's partners.In addition, Argil.ai reserves the right to close access to all or part of the Platform and/or to suspend the performance or supply of all or part of the Services in the event of the occurrence of any of the aforementioned events or in the event of danger or threats to its human resources (e.g. members of its staff) or its technical resources of any nature whatsoever. For scheduled maintenance operations, Argil.ai will make its best efforts to inform the User in advance. However, the Platform may, without notice or compensation, be temporarily closed, and access to or the functionalities of the Platform or Services may be limited, in particular to carry out technical or operational interventions or others necessary for their proper functioning (e.g.: test operations, maintenance, control, resolution of possible breakdowns, operational modifications or changes, evolutions, etc.), an update, the deployment of a new version or any other operation deemed necessary by Argil.ai or which the User accepts.Argil.ai may not be held liable for any failure or interruption of the Platform and/or the Services due to one of the events mentioned in the present article "Availability of the Platform and Services"
6.5 Technical conditions and preservation of the Platform and ServicesTo access and use the Platform, the Personal Space and the Services, the User must have the appropriate telecommunications equipment. It is the User's responsibility to ensure that the hardware and software used are in proper working order and do not present any risk to the security and integrity of the Platform.The User must ensure that their hardware and software are compatible with the technical requirements specified by the Platform to guarantee flawless access and use of the services offered.It is the User's responsibility to protect its devices, data, content and software against all forms of digital threats, such as viruses, malware and other forms of cyber-attack. The User must take all necessary precautions to prevent the introduction of such threats on the Platform.The User commits to not compromise the normal operation of the Platform or the Services. This includes refraining from using devices or software that may interfere with the operations of the Platform or impose an inordinate load on its resources.The User is prohibited from extracting or commercially exploiting information or data present on the Platform without explicit authorization. Crawling, scraping or any other unauthorized extraction method is strictly prohibited.The content of the Platform may not be downloaded, copied, modified or exploited without the company's express consent. Fraudulent or unauthorised access to the Platform, to a Personal Space, or to any other part of the system, is strictly forbidden.If the User inadvertently accesses a reserved space or information not intended for their use, they undertake to inform the company immediately by the appropriate means of communication.The User is solely responsible for any damage resulting from inappropriate use of the Platform, their Personal Space, or the Services. The company reserves the right to take any necessary measures, including legal action, to prevent and punish any abuse.Any breach of the obligations stipulated in this section shall be considered a serious breach of the GTC, which may result in the immediate termination of the User's access to the Services and the Platform, without prior notice and to the User's sole detriment.The User undertakes to comply scrupulously with these conditions to ensure the security, performance and availability of the Platform and Services for all users.
6.6 Regulation for the use of the Services
The User must always when using the Platform or Services, act in compliance with applicable laws and regulations.
Furthermore, the User undertakes not to disrupt, negatively affect or prevent the use of the Platform or Services by any other User (whether a User or not). The User is also prohibited from using or exploiting the Platform or Services to conduct or participate in money laundering, pyramid schemes or any other risky or illegal operations. Furthermore, the copying, aspiration, extraction, etc. of data obtained or made available through the Platform and/or Services is prohibited. Furthermore, the User may under no circumstances use an API giving access to the Services in order to offer a service competing with Argil.ai.Any breach by the User of the provisions of the present article constitutes a serious breach liable to result in the termination without notice of the GTC to the exclusive detriment of the User and the definitive prohibition for the User to access and use the Platform and the Services.
6.7 General principles applicable to Services
6.7.1 General restrictions
The Services are accessible to the User who has a Personal Space validated by Argil.ai and which has not been the subject to, or is not subject to, any suspensions, sanctions, restrictions, limitations, terminations, closures or deletion procedures.The Services are exclusively intended for the personal use of the User, except where access to the Services is via an API. It is expressly forbidden for the User - under penalty of legal action - to offer Argil.ai's Services, by way of API in order to develop a business competing with Argil.ai, by using said Services by way of API. In addition, Argil.ai reserves the right, for the purposes of deciding whether a Service or Operation may be performed by a User, to request specific additional information and/or documents from said User.Furthermore, Argil.ai reserves the right, without prior notice and without entitling the User to compensation, to refuse to execute a Service or Operation requested by a User, to cancel an Operation requested by a User or to suspend a User's use of the Services or one or more specific Services, in particular in the event of a breach by the User of its obligations or commitments under these GTC or if Argil.ai considers that there is sufficient evidence to suggest that the User may be in breach of its obligations and commitments under these GTC, or in particular: in the event of detection of unusual or suspicious activity on the User's Personal Space, or suspicion of the User's identity; in the event of detection or reporting of unauthorised access to the User's Personal Space; if requested to do so by a competent authority (request, court decision, ongoing investigation, etc.);if the User fails to provide any additional information or documents requested by Argil.ai; in the event of inappropriate behavior and/or misconduct by the User (insults, threats, violence, etc.).These restrictions may be lifted by Argil.ai if it considers that the causes and motives that led to their implementation have disappeared, subject to the User providing any information and documents that may be requested by Argil.ai.
7.1 SpaceCreation of a Personal Space
To create a Personal Space, the User must:complete the fields required on the online form accessible via the dedicated section and provide the information requested, specifically:e-mail address, password, password confirmation.If this information is not provided, the User's Personal Space will not be created, and they will not be able to benefit from the Services requiring the prior creation of such a Personal Space. In general, the User attests to the truthfulness and accuracy of the information transmitted when creating their Personal Space, and Argil.ai shall have the right to hold the User or any person involved liable in the event that the information transmitted is false, inaccurate or misleading. The User must provide their real identification information (e.g. real name).
7.1.1 Conditions for creating a Personal Space
A Personal Space can only be held by one person (whether a natural person or a legal entity), and each person (whether a natural or legal person) can only hold one Personal Space. In the case of a legal person, only individuals authorized by the legal entity may access and use the Personal Space. Any person (natural or legal person) wishing to open a Personal Space must have full legal capacity to do so, and to enter into commitments under these GTC. In this respect, any natural person acting on behalf of a legal entity is guaranteed to have all the rights and authorizations necessary to validly bind said legal entity. Moreover, to open a Personal Space, an individual must be at least 18 years old.It is the User's responsibility to ensure compliance with these conditions.The content of the aforementioned section and the conditions of eligibility or restrictions on the creation of a Personal Space are subject to change at any time and without notice, at Argil.ai's sole discretion, particularly but not exclusively in order to comply with legislative or regulatory obligations. Argil.ai shall not be held responsible for the consequences of any restrictions (such as refusal to create a Personal Space, suspension or even closure/deletion of the User's Personal Space), even new ones, which may relate to the User's country of residence, nationality or registered office, or which may result from legislative or regulatory obligations.
7.1.2 Prohibitions
The creation or opening of a Personal Space is forbidden to any User whose Personal Space has previously been closed by Argil.ai as a result of the termination of these GTC for fault on the part of the User.The User who requests the creation of their Personal Space guarantees that their use of the Platform and Services will not expose Argil.ai to sanctions and that such use will not violate any applicable law or regulation, in particular with regard to the fight against terrorism, corruption or money laundering.The User also guarantees particularly:not to be subject to any prohibition on using the Services resulting, in particular, from legislative or regulatory provisions or from an administrative or judicial decision, for example;not to submit, upload or distribute any Content or data on the Platform without possessing the necessary rights or having obtained all the required authorizations;not to use a Personal Space that does not belong to them;not to develop a business in competition with Argil.ai, using the Services via API.Any breach by the User of the stipulations of the present article "Creation of a Personal Space" constitutes a serious breach likely to result in the termination without notice of the GTC to the exclusive detriment of the User and the definitive prohibition for the User to access and use the Platform and the Services.Furthermore, the Company reserves the right to refuse the creation of a Personal Space by a User who does not comply with or does not respect the terms and conditions set out in the present article "Creation of a Personal Space", and more generally in these GTC, as well as to temporarily suspend or close/delete the User's Personal Space under the conditions set out in the articles "Suspension of the Personal Space" and "Closure and deletion of the Personal Space" herein.
7.2 Confidentiality and security of Identifiers and Personal Space
The creation of a Personal Space requires the User to choose Personal Space connection Identifiers which are personal, unique (i.e., not used on other websites), and which will be necessary to access said Personal Space. To this end, the User will be asked to choose an identification or login (i.e., their e-mail address) and a password which must comply with the required format and characteristics as indicated on the online form requesting the creation of their Personal Space.The User is solely responsible for preserving the confidentiality of their Identifiers, which are strictly personal to them, and undertakes to take all useful measures to ensure this complete confidentiality, and in particular to change their password regularly (i.e., at least every 6 months). The User is also required to keep their Identifiers confidential and to protect them against any access by or disclosure to third parties. The User is solely responsible for the strictly personal use of their Identifiers and guarantees this to Argil.ai. The User's Identifiers may be reinitialized at any time at the User's initiative or at Argil.ai's initiative, subject to prior notice to the User (it being specified that in all cases this reinitialization must of course be carried out by the User, even if it is Argil.ai's initiative).In the event of loss or theft of a password, or in the event of unauthorised access to the User's Personal Space, the User shall immediately inform Argil.ai by e-mail at the following address: laodis@argil.ai and follow any instructions that may be communicated by the Company, in particular in order to lock access to the User's Personal Space. The reopening of the User's Personal Space following such a locking request will be subject to the User providing additional information and/or documents in order to verify their identity and the legitimacy of their request to reopen. Argil.ai shall not be held responsible if the User fails to provide the required information and/or documents.The use of the User's Identifiers to connect to their Personal Space and to carry out operations (including Operations) constitutes, as between the Parties, attributable to the User (i) of the Operations carried out on or from their Personal Space, (ii) of any use of the Platform and Services carried out concomitantly with their connection to their Personal Space and (iii) of any fact or act relating thereto.The User is also informed that connection or access to their Personal Space by means of their Identifiers constitutes proof between the Parties of the User's authentication and identifiers, as well as of their identity.Argil.ai makes its best efforts to ensure the security of access to the Services and in particular to the User's Personal Space, and to prevent any unauthorised person from accessing it.
7.3 Suspension of the Personal Space
Without prejudice to the provisions of the "Repudiation - Termination" article herein, Argil.ai reserves the right to suspend access to the User's Personal Space and to suspend the provision of all or part of the Services, ipso jure and without notice, in the event of a breach by the User of its obligations or commitments under these GTC or if Argil.ai considers that there are sufficient grounds for believing that the User may be in breach of its obligations and commitments under these GTC.In addition, such a suspension may take place: in the event of a breach of these GTC;in the event of detection of unusual or suspicious activity on the User's Personal Space, or suspicion of the User's identity;in the event of detection, suspicion or report of unauthorised access to the User's Personal Space;in the event of reasonable suspicion of use of the Platform and/or Services in connection with illegal or fraudulent activities;in the event of a request to this effect by a competent authority (petition, court decision, decision or request by an administrative or judicial authority, ongoing investigation, etc.);if the User fails to provide any additional information or documents requested by Argil.ai;in the event that the User provides and/or disseminates User Content or creates Generated Content that may be qualified as offensive, harmful, misleading, inaccurate, inappropriate, improper or constituting manifestly wrongful conduct on the part of the User (insults, threats, violence, etc.).Suspension of the Personal Space implies the impossibility for the User to connect to it and/or to benefit from the Services / to use the Services requiring such a connection to the Personal Space.Insofar as possible (and unless prohibited by a competent authority or by applicable provisions), Argil.ai undertakes to inform the User of such suspension without delay and to indicate the reasons for such suspension.
Except in cases where the User's Personal Space is suspended at the request of a competent authority, Argil.ai will indicate to the User, by sending an e-mail to the e-mail address provided by the User in their Personal Space, a deadline within which the User will be required to remedy the causes of such suspension (for example, actions to be taken in the event of a breach by the User their obligations or commitments under these GCS, or provision of information and/or documents for analysis by Argil.ai of the situation, etc.). Unless otherwise indicated, this period is 7 (seven) days. Should the User fail to comply with Argil.ai's requests within the time frame communicated by Argil.ai, Argil.ai reserves the right to permanently close the User's Personal Space for misconduct and to terminate these GTC under the conditions set forth in the "Repudiation - Termination" section of these GTC.
7.4 Closing and deleting the Personal Space7.4.1 General principles
The User may request the closure and deletion of their Personal Space directly from their Personal Space or by e-mail to laodis@argil.ai.Closure and deletion of the Personal Space by Argil.ai shall in any event occur automatically within two years of the User's last connection to the Personal Space. In addition, Argil.ai will close and delete the User's Personal Space in the event of termination of these GTC.In this respect, and unless otherwise stipulated in these GTC, the closure of the Personal Space implies the impossibility for the User to connect to it and/or to benefit from the Services / to use the Services requiring such a connection to the Personal Space, as well as the deletion of the said Personal Space.It is further specified that it is the sole responsibility of the User to ensure the conservation and backup of information and documents transmitted by Argil.ai or to Argil.ai, or more generally via the Platform and/or recorded or stored in the Personal Space, Argil.ai not providing conservation, backup or third-party archiving services in this regard.The closure and deletion of a Personal Space, whatever the cause or initiator, will not give rise to any compensation of any kind for the User.
7.4.2 Special situations
If an Operation or other transaction is in progress when the User's Personal Space is closed, Argil.ai reserves the right to cancel this Operation or other transaction before deleting the Personal Space. In the event of the User's death, Argil.ai may proceed with the transfer of the Personal Space to the rightful claimants in execution of a precise and express request to this effect from the rightful claimants and upon presentation of the required supporting documents, subject to the payment of fees applicable to such transfer, the amount of which will be communicated in advance by Argil.ai.
8.1 Service prices
Notwithstanding a free phase for the User which does not provide for any fees and limited access to the Services, the Services allowing the User to create Generated Content are provided for a fee by Argil.ai. The User is therefore required to pay Argil.ai (unless otherwise stipulated in these GTC that Commissions are due to a third party) the Prices specified below and authorizes Argil.ai to deduct Credits on their Personal Space, the Price that would be due in accordance with these GTC.The price for the creation of Generated Content and Credits is set by Argil.ai, which provides Users with a price list accessible at the following URL address: https://www.argil.ai/ . These prices may vary according to the nature and personalization of the service requested and may be subject to minimums. All prices are expressed in euros and include applicable taxes. The Price is due and payable at the time of validation of the Operation by the User. The User has the option of paying the Price to create Generated Content using Credits held in their Personal Space. The User may purchase these Credits on the Platform by credit card.In the case of payment by credit card, charges may be applied by the service provider (e.g., Stripe) which will be payable by the User to the external service provider only. Rates may be modified/revised at any time. In the event of a price update, the new price apply to all Operations initiated and validated by the User after the effective date of the new price.The User is responsible for ensuring that the payment used is valid and has the necessary funds to cover the Service's cost.To proceed with the purchase, the User must provide billing information, including, but not limited to, full name, billing address, and payment information.Any request to modify or cancel the service after the purchase has been confirmed must be sent to laodis@argil.ai within the time specified on the Platform. Charges may apply according to the conditions detailed in the GTC.
8.2 Service delivery
The delivery time is indicated when the purchase is confirmed. Argil.ai undertakes to do its utmost to meet this deadline.The completed Service will be delivered to the User in digital form via their Personal Space on the Platform or by any other means agreed at the time of purchase.
8.3 VAT on Operations
The Prices will be increased by VAT at the current rate (only if VAT is applicable).
8.4 Payability
The Price is due and payable at the time of validation of the Operation by the User. In accordance with the provisions of article L.441-10 of the French Commercial Code, any delay or non-payment of an amount due on the due date referred to above will, without the need for any reminder, result in late payment penalties. The interest rate for these late payment penalties will be that applied by the European Central Bank to its most recent refinancing operation, plus ten (10) percentage points. This rate is the rate in force on January 1st
8.5 Price and Fee Warning - No Warranty
The Price set at time T when the User validates the Operation is not guaranteed, nor is the amount of the associated Operation Fees:in the event of a validated Operation that has not been effectively completed and executed;following a modification of the Operation requested by the User or resulting from an error or mishandling attributable to the User;in the event of non-compliance with these GTC by the User; in the event of suspension or closure/deletion by Argil.ai or by the User of the latter's Personal Space;in the event of cancellation of the Operation by the User or by Argil.ai under the conditions set forth in the GTC;in the event of force majeure;in the event of failure or interruption of the Platform and/or Services due to one of the circumstances described in the article "Availability of the Platform and Services".
9.1 Argil.ai's obligationsArgil.ai is bound by the terms and conditions stipulated in these GTC. Argil.ai provides the User with the Services, including access to the Platform, and is therefore subject to an obligation of means. In particular, Argil.ai strives to maintain accessibility to the Platform and Services, as defined in the article "Terms of use of the Platform and Services" herein.
9.2 The Users ObligationsThe User is bound by the terms and conditions of these GTC. The User is solely responsible for the use they make of the Platform, their Personal Space and the Services, as well as for the acts and deeds of the persons they have authorized to access their Personal Space, including with regard to any subsequent completion of Operations.The User has ensured that the Site and the Services are suited to their needs, that they correspond to their expectations and that they have the technical skills and knowledge, as well as the necessary computer environment, to use the Site and the Services correctly.The User is obliged to use the Site and Services in accordance with the legal and regulatory provisions applicable in the countries and jurisdictions where the activities and Operations are carried out or where the Generated Content is used, distributed or broadcast. The User may not use the Site and/or Services for any illicit or illegal purposes, nor for any purposes other than those for which the Site and Services are made available to the User.The User is responsible for User Content and Generated Content on the Platform. In this respect, the User must always ensure compliance with the laws and regulations in force, particularly those concerning respect for intellectual and industrial property and privacy.
9.3 User prohibitionsIt is strictly forbidden to use the Services: to engage in, or participate in any way in, illegal or unlawful activities including fraud, terrorist financing, money laundering, bribery, or any other violation or infringement of laws and regulations;to send altered, misleading or false information, including spoofing or phishing;to impersonate any person or entity, including any employee of the Company, or falsely state or represent an affiliation with any person, organization or entity;to violate, misappropriate or infringe the intellectual property rights, privacy rights, image rights, or any other legal or moral rights of any individual or entity;to transmit, create, disseminate, promote any User Content or Generated Content that is offensive, threatening, obscene, defamatory, insulting, inciting hatred or violence or hostile towards an individual or group of individuals as well as any other User Content or Generated Content that may violate the human dignity or honor of an individual or group of individuals; in a manner that exploits, harms or attempts to exploit or harm minors in any way, for example by depicting or portraying them with Avatars, or by exposing them to inappropriate content; to transmit, create, disseminate, promote or provide User Content or Generated Content of an erotic, pornographic, sexual or adult entertainment nature; to transmit, create, disseminate, promote or provide User Content or Generated Content relating to age-restricted goods, services or locations, including, but not limited to, alcohol, tobacco, vaping products, psychoactive substances, firearms, gambling, sex objects, prostitution or dating services; to promote, sell or recommend financial investments of any kind; to transmit, create, disseminate, promote or provide User Content or Generated Content that includes conspiracy theories, propaganda or data or information that promotes "misinformation" or "false information" campaigns or activities; to promote, support, or contribute in any way whatsoever to activities related to terrorist or criminal organizations, or any other entity engaged in unlawful practices. This includes, but is not limited to, User Content or Generated Content intended to glorify, justify or support such organizations or their activities, or the use of the Services to communicate or disseminate messages in their favor;to transmit, create, disseminate, promote or provide User Content or Generated Content that in any way compromises security or public order, or encourages illegal or illicit activities;to remove, activate, modify, or disable any watermark or other mechanism on the Services designed to help validate or identify provenance or differentiate between human-generated and AI-generated content; to send unsolicited communications, promotions or advertisements, including spam and robocalls;in a manner that could cause or encourage death or serious bodily harm to any person or other damage.
The User is liable for the obligation's incumbent upon them under these GTC in accordance with the rules of French law. Argil.ai's obligation relates exclusively to the provision of Services in accordance with the provisions of these GTC and subject to any reservations made, particularly in the case of a Service provided by a partner of Argil.ai. Argil.ai is liable only in this respect.Argil.ai draws the User's attention to the risks inherent in any operation involving the use of Artificial Intelligence to generate content, which are in no way its responsibility.However, the User is responsible for the Generated Content generated via an API they make available. In addition to the scenarios provided for in these GTC in which Argil.ai cannot be held liable, the Parties agree that:Argil.ai may only be held liable for the improper performance or non-performance of its obligations under these GTC in the event of Argil.ai's proven fault. Furthermore, Argil.ai may only be held liable for direct damages suffered by the User as a result of Argil.ai's failure to fulfil its obligations under these GTC. Furthermore, Argil.ai shall not be held liable for any Generated Content created by the User that may cause damage to the User, third parties or Argil.ai as a result of the use of the Platform’s Services. In particular, Argil.ai shall not be held liable for any claim, regardless of the cause, relating to the content, accuracy, conformity or relevance of the Generated Content or User Content, or for the violation of third-party rights by the User Content or Generated Content. Furthermore, Argil.ai's liability to the User, except in the case of proven gross negligence or intentional misconduct, is limited to direct and foreseeable damage at the time of use of the Platform. It is agreed that, except for the User acting as a consumer within the meaning of applicable legislation, any compensation attributable by Argil.ai to the User, for any cause of damage, shall not exceed the total amount of the Operations carried out by the User on the Platform during the twelve months preceding the action giving rise to the liability. The User undertakes to use the Platform’s Services responsibly, in particular by taking care over the nature of the Content they choose to generate and disseminate, by respecting intellectual property rights and by refraining from disseminating any prejudicial or inappropriate content; users are solely responsible for the User Content they produce or upload to the Platform;the User assumes full responsibility for the creation, use and distribution of the Generated Content and for any consequences that may arise therefrom;Argil.ai shall not be held responsible for the deletion of Generated Content or User Content in the event of Content in violation of these GTC;Argil.ai shall in no event be liable for damages suffered by the User as a result of Argil.ai's failure to perform its obligations due to force majeure or the actions of a third party (in particular, another User);Argil.ai shall not be liable in the event of abnormal use, including use that does not comply with these GTC, or fraudulent or illicit use of the Platform or Services by the User;Argil.ai is not responsible for the operation (or malfunction) of the User's computer equipment or access to the Internet or any other network (computer network, telephone network, Internet network, telecommunications or electronic communications network, etc.);Argil.ai shall not be held liable in the event of fault on the part of the User or damage resulting from a lack of diligence or vigilance on the part of the User, in particular in the validation of Generated Content, nor for any consequences or damage of any nature whatsoever that may result with respect to anyone, whether a third party or another User or User ;Argil.ai shall not be held liable in the event that the User forgets or loses they Identifiers, that said Identifiers are leaked or stolen, that said Identifiers are cracked by a third party or in the event that the User's Personal Space or means of access to their Personal Space are hacked;Argil.ai is not responsible for any loss of data or delay in the progress or processing of a User's Operation that may result from an interruption or suspension of the Platform or Services, regardless of duration;Argil.ai is not responsible for the User's choices and decisions regarding the use of the Services, particularly regarding the performance of Operations involving the creation of Generated Content or the purchase of Credits. In this respect, and given the risks inherent in using the Services, Argil.ai is not responsible for any damage suffered by the User as a result of using the Services; Argil.ai is not responsible for non-compliance with the legislation of the country in which the Services are accessible, it being specified that the Services comply with the provisions applicable in France: it is the responsibility of the User, who is solely responsible for the choice of the Services they use, to check their compliance with the legislation of the country in which the Service is accessible and more generally with the legislation applicable to them and to the legislation applying to the Generated Content;Argil.ai is not responsible for any administrative or regulatory procedures applicable to the User; Argil.ai is not responsible for the User's refusal to install, within a reasonable time frame, the updates required to maintain the conformity of the Generated Content delivered;generally, Argil.ai is not responsible for the malfunction or failure of third-party sites or applications. Argil.ai shall not be held liable for:a temporary or definitive unavailability of access to all or part of the Platform or the Services offered therein, difficulties related to response time, and in general, any performance failure, as well as the consequences or damages of any kind that may result;discontinuities or disruptions in the use of the Platform and the Services contained therein, whether voluntary or involuntary, nor the consequences or damages of any kind that may result therefrom or that may result from changes or technical or functional developments of the Platform or the Services;including (but not limited to):maintenance, updates and technical adjustments;breakdown of telecommunications equipment or failure of a network provider (computer network, telephone network, Internet network, telecommunications or electronic communications network, etc.);and, more generally, any failures or interruptions (temporary/permanent, partial/total, etc.) of the Platform and/or Services due to any of the circumstances referred to in the article "Availability of the Platform and Services";as well as the consequences that may result.Similarly, Argil.ai cannot be held responsible for the misappropriation of information circulating via the Internet or entered on the Platform, for the presence of viruses, malicious code or any other harmful technologies or other logical infections on the Platform or for any consequences or damage resulting therefrom.Argil.ai shall not be held liable for any consequences or damages of any kind that may result from errors or omissions in the content published on the Platform or in responses to contact requests, nor for any delay in responding to such requests.In order for Argil.ai to be held liable, where applicable, the User must notify Argil.ai of any claim or breach of its obligations under these GTC, without delay from the time the User becomes aware of such claim or breach.The provisions of the present article "Liability" shall survive the termination of these GTC, whatever the cause, until the end of their particular purpose.
11.1 Repudiation
The User may repudiate the GTC (i.e., end them) at any time without notice, provided that they delete their Personal Space in accordance with the terms and conditions set out in the article "Closing and deleting the Personal Space". Argil.ai is authorized to repudiate and terminate these GTC, without the User being able to claim any prejudice as a result, under the conditions and according to the following provisions :in the event that a law, regulation or decision of a competent authority or jurisdiction makes it impossible to maintain all or part of the GTC (and therefore the Services) between the Parties, or if Argil.ai has reason to believe that maintaining all or part of the GTC (and therefore the Services) is impossible as a result, subject to thirty (30) days' notice, unless the law, regulation or decision referred to in this article prohibits or does not allow Argil.ai to respect such notice period. Furthermore, Argil.ai may, at its sole discretion, subject to compliance with the aforementioned notice period, unless conditions do not permit compliance with such notice period, repudiate part or all of the GTC (and therefore terminate part or all of the Services) in order to comply with all laws, regulations, decisions applicable to the Services and to activities relating to Artificial Intelligence; in the event of a technical or security problem affecting the Platform and/or the provision of the Services, subject to thirty (30) days' notice, or, and only if conditions do not allow such notice to be given, immediately without notice; for convenience, subject to reasonable notice of not less than thirty (30) days and not more than sixty (60) days.Unless otherwise stipulated in this article, and unless prohibited by law or regulation or by a decision of a competent authority, any repudiation at Argil.ai's initiative is preceded by the sending of an electronic mail to the e-mail address provided by the User in their Personal Space, informing the User of this termination and of the date on which the termination will be effective, in compliance with the deadlines and notice periods set forth herein. In the absence of any obligation on Argil.ai to give prior notice, this e-mail shall be sent at the same time as the termination.
11.2 Termination
The GTC may be terminated at Argil.ai's initiative, without prejudice to any damages that may be claimed from the User, in the following cases:for breach by the User of any of their obligations or commitments under these GTC, in particular in the event of breach of their obligations under the articles "Description of Services", "Terms of use of the Platform and Services", "Terms of use of the Personal Space", "Financial conditions" and "Respective obligations of the Parties", seven (7) days after notification to the User of a formal notice to comply with its obligations and/or commitments which has remained unsuccessful;if the User fails to comply with Argil.ai's requests within the time frame communicated by Argil.ai in the cases described in the article "Suspension of the Personal Space", seven (7) days after the User has been notified of a formal notice to comply which has remained unsuccessful; in the event of a serious breach by the User which entitles Argil.ai to terminate the GTC without notice and without prior formal notice, it being specified that in such an event Argil.ai may terminate these GTC by simply sending information by e-mail to the e-mail address provided by the User in their Personal Space. In this respect, the following notably constitute serious breaches on the part of the User that entitle the Companies to terminate the GTC without notice:the fact that a User registers in the name of another person in order to circumvent a ban on creating a Personal Space;the fact that a User provides information that is false, inaccurate, out of date, obsolete, illegal or incomplete (for example, information concerning their identity or contact details), or that they fail to update some of this information, or that they communicate false documents (e.g. false proof of identity);the fact that a User refuses to accept the modified GTC by requesting the deletion of their Personal Space; the use of the Platform and/or Services, whether intentionally or not, for illegal, illicit or fraudulent purposes or activities;the creation of Generated Content in violation of these GTC;non-payment by the User of Operations owed to Argil.ai (or one of its partners); any other serious breach of these GTC or of applicable laws and regulations.The formal notices referred to in the present article are sent by Argil.ai by e-mail to the e-mail address given by the User in their Personal Space and by registered letter with acknowledgement of receipt and refer to the present article. Argil.ai will then inform the User, by the same means, of the effective termination of the GTC. In the absence of any obligation on the part of Argil.ai to give the User prior notice, an e-mail will nevertheless be sent to the User informing them of the termination of the GTC.
11.3 Consequences
In the event of termination or denunciation of these GTC in the context of this article "Repudiation - Termination", Argil.ai will proceed with the closure and deletion of the User's Personal Space in accordance with the stipulations of the article "Closing and deletion of the Personal Space" herein.Clauses which by their nature or purpose must survive the end of the GTC will survive and remain applicable at the end of the GTC, until the end of their respective particular purpose, unless a specific duration is provided for in the GTC.
12.1 Platform intellectual property
No intellectual property rights relating to the Platform and the Company are assigned or licensed to the User, including trademarks, logos, texts, visuals, sound or musical elements, graphics, databases, training data, codes, software, models or AI devices appearing on the Platform.
12.2 Intellectual property and personality rights on Avatars
The personality rights associated with a User's Avatar are entirely retained and reserved by the User.Without the express agreement of the User, no use, reproduction or representation of a User Avatar may be made by the Site or another User.Any intellectual property rights over the Avatars are attributed to the Company, which grants an exclusive license to use the User Avatar to the represented User in the context of use of the Platform. No intellectual property rights or personality rights, if any, are transferred to the User in respect of the Generic Avatars.
12.3 Script providedUser Content and other scripts provided by the User remain the property of the User. In addition to the obligations relating to User Content referred to in Article 6.2.2 of the GTC, the User guarantees that they hold all the rights and authorizations necessary for the use of a script or User Content on the Platform, in particular intellectual property rights over the text provided. The User grants the Company the right to use User Content and other scripts for the sole purpose of creating Generated Content and training its AI.
12.4 Intellectual property of Generated Content
The Company does not claim any intellectual property rights over the Generated Content.The Company undertakes not to contest the ownership of any intellectual property rights belonging to the User concerning the Generated Content. Nevertheless, the Company does not grant any guarantee to the User concerning any intellectual property rights over the Generated Content, in particular with regard to other natural or legal persons likely to claim similar rights over such Generated Content.
12.5 Publication of Generated Content
Communication to the public, publication, making available, sharing through the press, social networks or any other means of communication is under the exclusive control of the User.In addition to the obligations resulting from Article 6.2.2 of the GTC, the User is required to verify, before any communication, that the Generated Content does not infringe the intellectual property rights of third parties, particularly including copyright and trademark rights. The User is thus required to check that the Generated Content is not likely to be considered as an infringement of a pre-existing work or as infringing a trademark.Furthermore, the User must ensure that the Generated Content is not published or reproduced on platforms or websites that are illegal and/or contrary to regulations, public order, dignity, public decency or detrimental to the image of Argil.ai.
13.1 Computer traces
The User acknowledges that the Platform or the tools implemented on the Platform, and in particular within the User's Personal Space or the Services, enable the traceability of certain actions and operations carried out (in particular the traceability of Operations carried out or acceptance of the GTC), as well as the issue of certain notifications and certificates, in particular for reasons of security and proof. These traceability procedures generate computer traces or event logs (hereinafter referred to as "Computer Traces"). The User acknowledges that Computer Traces generated by the Platform, as well as any reproduction thereof on paper or electronic medium, may be used to provide proof of the use of the Platform, the Personal Space and the Services, and in particular proof of the completion of an Operation, the publication of content, the input of information, the provision of information or consent/acceptance.
13.2 Electronic Writings The User expressly acknowledges that exchanges with the Company may take place by any means, in particular by electronic message to the e-mail address mentioned in the Personal Space or mentioned in the User's correspondence, or by means of all documents and other electronic writings resulting from the use of the Services, in particular Computer Traces, and more generally resulting from the execution of these GTC, as well as those accepted or signed electronically (hereinafter the "Electronic Writings").The User acknowledges that Electronic Writings can be used as valid proof of a fact or the content of exchanges, and that in general any trace or any computer and/or electronic document emanating from Argil.ai, the Platform, the Personal Space or the use of the Services constitutes proof between the Parties.The User also acknowledges that Electronic Writing: constitute original documents between the Parties;are proof between the Parties of the medium and content they represent;justify the consequences and operations that may result (for example, proof that an action - including an Operation or acceptance for example - has been carried out via the Platform or the Personal Space by means of Computer Traces);are the dates and times associated with the Electronic Writing;are admissible as evidence in any court of competent jurisdiction.In any event, the User expressly waives the right to invoke the nullity, non-application, lack of probatory legal value or non-enforceability of Electronic Writings on the grounds that they originate from Argil.ai, the use of the Platform, the Personal Space, the Services or Computer Traces, or that they are in electronic form.The User's failure to manage delegations of authority may not be invoked against Argil.ai to defeat the legal value of the Electronic Writing.
Under article L.221-18 of the French Consumer Code, "the consumer has a period of fourteen days to exercise their right of withdrawal from a contract concluded at a distance, following canvassing by telephone or off-premises, without having to give any reason for their decision or bear any costs other than those provided for in articles L. 221-23 to L. 221-25".As an exception, article L.221-28 of the French Consumer Code specifies the cases in which this right cannot be exercised. In application of these texts, the User acknowledges that they lose their right of withdrawal and expressly accepts that the right of withdrawal cannot be exercised for Artificial Intelligence generation Services on the Platform. The User thus gives their express prior consent so that the execution of the contract begins before expiry of the withdrawal period. Finally, Argil.ai has provided confirmation of the consumer's agreement in accordance with the provisions of the second paragraph of article L. 221-13 of the French Consumer Code.
The Generated Content offered for sale complies with the regulations in force in France.The consumer has the right to invoke the legal warranty of conformity in the event of the appearance of a lack of conformity within a period of two years from the date of delivery of the Generated Content. During this period, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance.The legal warranty of conformity includes the obligation to provide all updates necessary to maintain the conformity of the digital content or service.The legal guarantee of conformity entitles the consumer to have the digital content or service brought into conformity without undue delay following their request, at no cost and with no major inconvenience to them.Consumers have the right to invoke the legal warranty of conformity in the event of a lack of conformity within a period of two years from the date of supply of the digital content or service. During this period, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance. The legal warranty of conformity includes the obligation to provide all updates necessary to maintain the conformity of the digital content or service for a period of two years. The legal warranty of conformity entitles the consumer to have the digital content or service brought into conformity without undue delay following their request, at no cost and with no major inconvenience to them. The consumer may obtain a reduction in the Price by retaining the digital content or digital service, or they may terminate the contract by obtaining a full refund in return for relinquishing the digital content or digital service, if:1° The professional refuses to bring the digital content or service into conformity;2° The compliance of the digital content or service is unjustifiably delayed;3° The digital content or service may not be brought into conformity at no cost to the consumer;4° Bringing the digital content or service into conformity causes major inconvenience to the consumer;5° The non-compliance of the digital content or service persists despite the professional's unsuccessful attempt to bring it into compliance.
The consumer is also entitled to a reduction in price or rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in price or rescission of the contract. In such cases, the consumer is not obliged to ask for the digital content or service to be brought into conformity beforehand.
In cases where the lack of conformity is minor, the consumer has the right to cancel the contract only if the contract does not provide for the payment of a Price.
Any period of unavailability of the digital content or service for the purpose of bringing it back into conformity suspends the remaining warranty period until the digital content or service is supplied in conformity again. These rights result from the application of articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code. Any professional who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 242-18-1 of the French Consumer Code). The consumer also benefits from the legal warranty for hidden defects in application of articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the digital content or service is retained, or to a full refund in exchange for renouncing the digital content or service.
Argil.ai certifies that it has taken out an insurance policy with a reputable and solvent insurance company established in France to cover the pecuniary consequences that may result from its professional civil liability in connection with the execution of the GTC.In accordance with articles L.441-2 of the French Commercial Code and R. 111-2 of the French Consumer Code, Argil.ai has taken out a professional liability insurance policy. Upon written request from the User, Argil.ai undertakes to provide proof of insurance coverage.
17.1 Force majeure and unforeseen circumstances
1.7.1 Force majeure
The User and Argil.ai shall not be liable to each other in the event of non-performance of their obligations under these GTC resulting from a case of force majeure as defined in article 1218 of the French Civil Code. By express agreement, all events usually recognised as force majeure by the jurisprudence of French courts and tribunals, primarily by the Cour de Cassation (French Supreme Court), are considered as force majeure. The following are considered as cases of force majeure, in a non-exhaustive manner:major breakdowns or malfunctions in computing or data storage infrastructures;lack of energy supply, in particular power cuts or failures affecting Argil.ai or its partners;disruption to private or public communications networks, including total or partial shutdown of the Internet;magnetic fields;falling aircraft;acts of terrorism;war, riot, armed conflict, fire, explosion, internal or external strikes, lockout, occupation of Argil.ai premises;bad weather and climatic events (storms, hail, lightning, hurricanes, etc.);natural disasters, earthquakes, floods, water damage;pandemics or epidemics significantly affecting the staff of Argil.ai or its main partners, hampering their ability to provide services.governmental or regulatory decisions, including embargoes, sanctions or restrictions on access to critical technologies or information, which prevent Argil.ai from fulfilling its obligations.sudden and unforeseeable changes in regulationsIn such a case of force majeure, the obligations of the parties under these GTC will be suspended for the duration of the event. The parties undertake to make every effort to minimize the effects of force majeure and to resume normal performance of their obligations as soon as possible once the event has ended.
17.1.2 Unpredictability
Argil.ai draws the User's attention to the risks inherent in any Operation, particularly using Artificial Intelligence. Use of the Services by the User implies acceptance of these risks. In this respect, any malfunctions or financial losses suffered by the User as a result of using the Services do not constitute a situation of unpredictability as defined in article 1195 of the French Civil Code, and therefore do not entitle the User to take advantage of the legal regime of unpredictability provided for in this article, which the User expressly acknowledges and accepts. The same applies more generally in the event that the contractual balance is upset by circumstances which were unforeseeable when the GTC were concluded, even if their execution proves excessively onerous, the User agreeing to bear all the economic and financial consequences and to waive, in this event, the right to invoke the legal regime of unpredictability provided for in the aforementioned article of the Civil Code.
1.7.2 Non-waiver
The fact that one of the Parties tolerates a situation, for example the fact of not taking advantage of the application of certain stipulations of the GTC or of certain legal or regulatory provisions, whatever the frequency and duration, shall not constitute a modification of the GTC or have the effect of granting acquired rights to the other Party.Furthermore, any such tolerance by one of the Parties, even if repeated, shall not constitute or be construed as a waiver by that Party of its right to assert or exercise the rights in question or to invoke any of the stipulations of these GTC.
1.7.3 Interpretation
The fact that one of the Parties tolerates a situation, for example the fact of not taking advantheadings appearing at the top of the articles and any of the articles, the headings will be declared non-existent.
1.7.4 Partial nullity
If one or more provisions of the GTC are held to be null and void, invalid, illegal or inapplicable or declared as such, in application of a law, regulation or following a final decision by a court or competent authority, the other provisions shall remain applicable and shall retain all their force and scope.
1.7.5 Independent co-contractorsThe Parties acknowledge that they are each acting on their own behalf as independent Parties and as independent co-contractors, and these GTC shall not be interpreted in any other way.
1.7.6 SubcontractingArgil.ai may, at its discretion, use subcontractors for the purposes of executing the GTC, and in particular for the provision of the Services, it being specified that Argil.ai shall remain liable to the User for the execution of the GTC in accordance with the terms and conditions of the GTC.
1.7.7 Transfer
The User's Personal Space may not be assigned or transferred to a third party, and the User may not assign or transfer the GTC, or all or part of their rights and obligations under the GTC, to a third party.The User expressly accepts, in advance, that Argil.ai may assign or transfer to a third party the GTC or all or part of its rights and obligations under the GTC without prior notice or information to the User.
1.7.8 Calendar days
Unless otherwise specified, the times and durations indicated in these GTC are in calendar days.
In accordance with the provisions of articles L612-1 et seq. of the French Consumer Code, any User who is a consumer within the meaning of the aforementioned code may, free of charge, call upon the services of a consumer mediator with a view to amicably resolving a dispute with Argil.ai.The organization designated by Argil.ai for this purpose is: Médiation SolutionTo contact this organization, the User may:go to the website: https://sasmediationsolution-conso.fr/; send their complaint by post to the following address: 222, chemin de la bergerie 01800 SAINT JEAN DE NIOST.A dispute can only be examined by the Consumer Mediator if: the User justifies having tried, beforehand, to resolve their dispute directly with Argil.ai by a written complaint expressly identified as such detailing the reasons for their complaint as well as all information useful to Argil.ai to understand, study and appreciate the causes, consequences and incidences of this complaint, and sent by e-mail; the request is not manifestly unfounded or abusive;the dispute has not been previously examined or is not being examined by another mediator or by a court;the User submits their request to the mediator within a maximum period of one year from the date of their written complaint to Argil.ai;the dispute falls within the jurisdiction of the mediator.The User will be informed by the mediator about the follow-up regarding their mediation request.Furthermore, the User is informed that in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/
These GTC are originally written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.THIS PLATFORM IS GOVERNED BY FRENCH LAW. THE CONTENT OFFERED THEREFORE COMPLIES WITH CURRENT FRENCH LEGISLATION. THE SITE EDITOR SHALL NOT BE HELD LIABLE IN THE EVENT OF NON-COMPLIANCE WITH THE LEGISLATION OF THE COUNTRY OF CONNECTION.THESE GTC AND THE RELATIONSHIP BETWEEN ARGIL.AI AND THE USER SHALL ALSO BE GOVERNED BY THE LAWS OF FRANCE. THIS APPLIES TO BOTH SUBSTANTIVE AND FORMAL RULES, NOTWITHSTANDING THE PLACE OF PERFORMANCE OF SUBSTANTIAL OR ACCESSORY OBLIGATIONS. IN THE EVENT OF ANY DISPUTE CONCERNING THE INTERPRETATION OR EXECUTION OF THESE TERMS AND CONDITIONS, THE PARTIES WILL USE THEIR BEST EFFORTS TO FIND AN AMICABLE SOLUTION. IN THE ABSENCE OF AMICABLE RESOLUTION, THE FRENCH COURTS SHALL HAVE SOLE JURISDICTION TO HEAR ANY DISPUTE ARISING FROM THE APPLICATION OF THESE GTC OR RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF THE PLATFORM. THE REFERENCE LANGUAGE FOR THE SETTLEMENT OF ANY DISPUTES IS FRENCH.THESE STIPULATIONS CONCERNING APPLICABLE LAW AND JURISDICTION ARE SUBJECT TO ANY MANDATORY PROVISIONS THAT MAY APPLY TO THE USER AS A CONSUMER WITHIN THE MEANING OF THE CONSUMER CODE (IN PARTICULAR ARTICLE R.631-3 OF THE CONSUMER CODE).BY WAY OF EXCEPTION, AND IN THE ABSENCE OF AMICABLE RESOLUTION OF A DISPUTE BETWEEN ARGIL.AI AND A COMMERCIAL USER WITHIN THE MEANING OF ARTICLE L121-1 OF THE FRENCH COMMERCIAL CODE, THE DISPUTE SHALL FALL WITHIN THE EXCLUSIVE JURISDICTION OF THE COURTS OF PARIS, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR THE INTRODUCTION OF THIRD PARTIES, EVEN FOR EMERGENCY PROCEDURES OR FOR PROTECTIVE PROCEDURES, BY APPEAL OR BY PETITION.