Terms of sale

Purpose

These terms govern the use of the Imaginode service, published by BUSINESSDYNAMITE, a French simplified joint-stock company (SAS) with a share capital of €1,000, registered with the Metz Trade and Companies Register under number 840 854 129, EU VAT number FR90840854129, headquartered at ZAC les Terrasses de la Sarre, Pépinière Synergie 4, 57400 Sarrebourg, France.

Imaginode is an online AI image and video creation service operating on a credit system.

Prices and payment

Prices are expressed in euros excluding VAT. Payments are processed by Stripe.

Subscriptions are monthly, renewed automatically and cancellable at any time online, through the “Cancel your subscription” link at the bottom of every page of the site or from the dashboard; cancellation is confirmed on Stripe's secure page, takes effect at the end of the current period and is confirmed by email, with the date the request was received and the date the subscription ends. One-time credit top-ups are also available.

Credits

Credits are used to run generations, whose exact cost is shown before each use. They have no monetary value and are neither refundable nor transferable.

Two categories of credits coexist. Credits included in a subscription are valid for the monthly period paid for: at renewal, any unused remainder expires and the monthly balance restarts from the plan allowance; if the subscription is cancelled, they expire at the end of the current period. Monthly credits left unused at the end of the period are lost: their expiry gives no right to any refund, credit note, carry-over or compensation, as the subscription pays for the volume being made available for the month paid. Credits bought as one-off top-ups have no expiry date and remain usable as long as the account is active. An account is active as long as it has not been deleted by the user or closed for breach of these terms: merely not logging in does not forfeit these credits. Other credits added to the account, in particular trial credits, gifted credits and re-credits, may carry a validity period, stated when they are granted.

Every generation is charged first against subscription credits, then against credits bought as top-ups. The full ledger, including grants and expiries, is available to the user from their account.

Any generation that fails on the AI provider's side is automatically re-credited.

AI generation results

Images, videos and texts are produced by third-party artificial intelligence models. These models are probabilistic systems: the same prompt may produce different results on each run, and none of them guarantees exact fidelity to the instructions given. The output also strongly depends on the user's choices: prompt wording, supplied reference images, selected model, duration, resolution and other settings.

The user expressly acknowledges and accepts this uncertainty before each generation. In particular, and without this constituting a defect of the service, a character may not perform the requested action, an element described in the prompt may be missing, distorted or replaced, embedded text may be illegible, faces, hands or objects may show artifacts, the motion, style, colors or framing may differ from expectations, or the result may be unusable for the intended purpose. These limitations are inherent to the current state of the art of AI models and are beyond the control of BUSINESSDYNAMITE, which does not develop these models and acts as a technical intermediary.

BUSINESSDYNAMITE is bound by an obligation of means, not of result, as regards generated content. Credits pay for the execution of the generation compute, not for a specific outcome. Every generation is run at the user's expense, and the user alone bears this uncertainty: a technically completed generation is due regardless of any judgment of the result, its quality, its fidelity to the prompt or whether it matches expectations, and gives no right to any refund, re-credit, compensation or damages.

Only a technical failure on the AI provider's side (no content delivered) triggers the automatic re-credit described above.

Right of withdrawal

Credits are digital content supplied immediately after payment, not on a tangible medium. Before paying, the user ticks a box on the payment screen by which they accept these terms, expressly request immediate access to the credits and acknowledge that they thereby lose their 14-day right of withdrawal (Articles L221-25 and L221-28, 13°, of the French Consumer Code). This acceptance is time-stamped and kept with the transaction, then restated in the purchase confirmation email.

Consequently, no purchase of credits, whether a top-up or a subscription, may be withdrawn from after payment. Credits that have been used are never refunded. Should a refund nevertheless be owed in a case where the law requires it, it would be limited to the credits unused at the date of the request, valued at the unit price actually paid; the used share remains acquired by BUSINESSDYNAMITE. After 14 days from payment, no refund is owed under any circumstances, including for unused credits.

Any dispute of a payment with the card issuer without a prior complaint sent to BUSINESSDYNAMITE results in the suspension of the account and the removal of the corresponding credits until the dispute is resolved. Credits already used at the time of the dispute remain due.

Use of the service

Users agree not to generate unlawful, infringing or defamatory content, or content violating third-party rights. Users are solely responsible for the content they generate and the use they make of it.

The service relies on third-party AI model providers; continuous availability cannot be guaranteed. In the event of a prolonged interruption attributable to BUSINESSDYNAMITE, its liability is limited to the amount paid for the current month.

Limitation of liability

To the fullest extent permitted by law, BUSINESSDYNAMITE shall not be liable for indirect damages, such as loss of revenue, loss of business, loss of data, damage to reputation or loss of opportunity, nor for the consequences of the use, distribution or exploitation of content generated by the user.

BUSINESSDYNAMITE is not responsible for the characteristics, limitations, changes, unavailability or generation refusals of third-party AI models, nor for any mismatch between generated content and the user's expectations or needs (see 'AI generation results').

In any event, and except where prohibited by law, the total liability of BUSINESSDYNAMITE, all causes combined, is capped at the amounts actually paid by the user over the last twelve months. Mandatory legal warranties owed to consumers remain applicable.

Access to the service and minimum age

The service is provided immediately after payment, as online access. It is reserved for adults, or minors aged 15 or over with the consent of their legal guardians.

Legal warranties

Consumers benefit from the French legal warranty of conformity applicable to digital services and content (Articles L224-25-1 et seq. of the French Consumer Code) and the warranty against hidden defects. These warranties cover the operation of the service itself; they cover neither the artistic quality of generated content, nor its fidelity to the prompt, nor its fitness for any particular purpose, as these depend on the user's choices and on the uncertainty inherent to AI models (see 'AI generation results').

Any complaint may be sent to imaginode.ai@gmail.com; a response will be provided as soon as possible.

Consumer mediation

In accordance with Articles L612-1 et seq. of the French Consumer Code, consumers may use a consumer mediator free of charge for any dispute not resolved by a prior written complaint. The contact details of the competent mediator are available on request at imaginode.ai@gmail.com.

European online dispute resolution platform: https://ec.europa.eu/consumers/odr.

Business customers

The service is open to businesses. A customer who purchases for the needs of their business, by ticking the 'purchasing as a business' box on the payment page and entering their business name and, where applicable, their VAT number, is a business customer within the meaning of these terms: the provisions specific to consumers, in particular the right of withdrawal, the legal warranty of conformity under the French Consumer Code and consumer mediation, do not apply to them.

Every payment, subscription or top-up, gives rise to an invoice that can be downloaded from the billing area. It shows the customer's business name, address and VAT number as entered, which the customer can update from that same area for future invoices. A business customer established in another European Union member state with a valid EU VAT number is invoiced excluding VAT, the VAT being reverse-charged to the customer (Article 196 of Directive 2006/112/EC); a business customer established in France is invoiced including French VAT.

Prices are payable in full at the time of order, and no discount is granted for early payment. In accordance with Article L441-10 of the French Commercial Code, any late payment by a business customer, in particular following a rejected payment, automatically incurs late payment penalties at three times the French legal interest rate, as well as a fixed recovery fee of €40.

Between businesses, any dispute relating to the formation, performance or interpretation of these terms falls under the exclusive jurisdiction of the courts of Metz, France.

Governing law

These terms are governed by French law. In the event of a dispute, an amicable solution will be sought before any legal action. Failing that, the French courts will have jurisdiction.