Terms of service

Key points

• You do not need an account to access the free offer but you need an account to benefit for paid offers,
• Paid offers allow you to buy credits which, once purchased, never expire,
• There is no refunds unless there's a major issue,
• The French law applies.

Article 1: Introduction

These Terms of Service ("ToS") constitute a legally binding agreement made between you, whether personally or on behalf of a third party ("You", "Your", the "Customer") and Creative Counselling EURL, 22 rue de Chanu, 27730, Bueil, France ("We", "Us", "Our", "Creating Comic"), concerning your access to and use of the creating-comic.com website as well as any other media platform, media channel, website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"), and allowing you to generate personalized comics via its dedicated application and using artificial intelligence (the "Service").

These Terms of Service, Use Policy and Privacy Policy and any other terms referenced herein should be read carefully. To the extent that these terms conflict with the Use Policy or Privacy Policy, these terms shall prevail to the extent of such conflict. Also, in case of discrepancies between translations, the French version of these Terms shall prevail.

By subscribing to an offer on the Site or using the Creating Comic Service, you agree to these Terms. If you do not agree to these Terms, you must not use the Creating Comic Site.

To purchase credits on the Creating Comic Site and use its comic creation Service, you must be at least 15 years old or the legal age of majority in your jurisdiction, whichever is higher. You acknowledge that you have full legal capacity to enter into these Terms of Service under applicable laws. If you are a minor in your home country, you must obtain the consent of a parent who shall enter into these Terms on your behalf.

Article 2: User registration

To access the paid offerings on the Site, you must first register for a Creating Comic account. By doing so, you guarantee the accuracy and truthfulness of the registration information you submit to us. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Since your username may appear publicly on the pages of the Site, we reserve the right to remove, reclaim or change it if we determine, in our sole discretion, that such username is inappropriate, obscene or otherwise objectionable. For more details on the data collected and the use of the site, you can read the Acceptance Use Policy and the Privacy Policy.

It is not necessary to create an account to access our free offer. Please note, however, that some advanced features of the Site are only available to people with a Creating Comic account.

Article 3: Credit sytem

The Creating Comic Service works with a credit system (¢). By selecting one of our offers, you obtain an amount of credits allowing you to generate comics. The offers that we propose are described in more detail in the Pricing section of the Site.

The free offer allows you to get a certain number of credits to use per day. Unused credits are not carried over to subsequent days and will be "lost".

Our paid offers allow you to purchase a fixed amount of credits, which can be used without any time limit. The credits are linked to your user account. If you subscribe to an offer while you still have unused credits, the credits associated with the offer you have chosen are added to the existing credit amount. Paid credits do not expire unless your account is terminated due to a violation of our Terms or to a violation of the law. Credits from our paid offers cannot be combined with those from the free offer.

We reserve the right to change the amount of credits allocated for each of our offers. At any time, we may withdraw or suspend one of our offers, free or paid, or modify the functionalities to which these offers give access, without however reducing the Services purchased. If a purchased Service were to be reduced for reasons specific to Creating Comic, the latter may offer the Client compensation for the Services offered. Thereafter, the Creating Comic Site is not required to maintain or allow any additional access to the offers as they were defined before modification. Changes to the credit system will not affect credits already purchased or allocated to your account prior to such changes.

The Client will be informed by email of said modifications as soon as possible.

Article 4: Purchases and payment

We accept payments made through Stripe, company incorporated and registered under the laws of Ireland with the Irish Companies Registration Office under number 3206488LH and trading as Stripe Payments Europe, Limited. (SPEL). Payments are processed securely via Stripe to protect your financial information. You can contact Stripe:

• By email: heretohelp@stripe.com
• By phone (toll-free number): +33 805 11 19 67
• By writing (outside legal services) to the following address: 10 Boulevard Haussmann, 75009 Paris, France

You agree to provide current, complete and accurate payment and account information for any purchase of one of our offers made on the Site. You further agree to promptly update account and payment information, including email address, payment method and payment card expiration date, so that we can complete your transactions and contact you as needed.

All payments must be made in euros (€). Prices displayed in another currency are provided for information purposes only and are not contractual. If the purchase is made in another currency, your bank will apply the exchange rate in effect at the time of the transaction and may charge you additional fees.

Legal or regulatory taxes will be added to the price of purchases. Tax rates are calculated based on the information you provide and the rate applicable at the time of your purchase.

You expressly authorize us to provide you with the credits associated with the subscribed offer immediately after your purchase. As credits are provided immediately upon purchase, by agreeing to these Terms, you waive your 14-day right of withdrawal under EU law and as defined in Article L221-28 of the French Consumer Code. This waiver is expressed clearly and unequivocally when ordering credits on the site.

In addition, we reserve the right to refuse any transaction made through the Site, particularly in the event of non-compliance with our Use Policy or with our Terms of Service.

Article 5: Refund policy

All sales are final and no refunds will be issued except in the following exceptional cases:

• If recurring technical problems prevent you from using the platform, recurring technical problems referring to issues persisting for more than 72 hours despite reported attempts to resolve them,
• If the credits you purchased are not received or added to your account due to technical issues,
• More generally, any conditions that do not comply with the legal guarantee of conformity, as described in the next section.

Partial refunds can be issued for unused credits in exceptional cases (e.g., service discontinuation).

Article 6: Legal guarantee of conformity

In accordance with Articles L224-25-12 to L224-25-16 of the French Consumer Code, you benefit from the legal guarantee of conformity. This guarantee protects the buyer against all manufacturing defects when purchasing or delivering a digital product or service. Defects may include inability to generate comics or persistent platform inaccessibility. This guarantee entitles you to a price reduction if the digital content or digital service is retained, or to a full refund if you give up the digital content or digital service. You also benefit from the legal guarantee of hidden defects in application of articles 1641 to 1649 of the Franch Civil Code, for a period of two years from the discovery of the defect.

To assert your rights relating to the legal guarantee of conformity, please read the following information:

Article 7: Responsibility

We undertake to perform our commitments in accordance with the Terms of Service and guarantee that the Service is substantially in accordance with the documentation presented on the Site.

By using the Creating Comic Service, you agree to comply with your commitments under the Terms of Service and applicable laws and ensure that you have all necessary authorizations to enter into and accept these Terms.

While we strive to provide a reliable Service, we cannot guarantee that the use of the Service through the offers to which you subscribe will be adapted to your needs or will meet your expectations, will be uninterrupted or error-free. We will make reasonable efforts to address reported issues promptly.

Since the Creating Comic Site provides a free offer allowing you to access its Services, you declare that you can observe defects inherent in the Creating Comic Service and cannot hold us responsible for such defects.

Creating Comic shall not be held liable or at fault for any delay or failure to perform:

• in the event of force majeure,
• in case of non-compliance with the legislation of the country in which the Services are delivered, which it is the Customer's responsibility to check before placing an order,
• in case of misuse, use for professional purposes.

The Client indemnifies Creating Comic against any and all complaints, claims, actions and/or demands that it may incur as a result of the Client's breach of any of its obligations under the Services. The Client undertakes to pay Creating Comic all costs, charges and/or penalties that it may incur as a result.

Article 8: Data protection and intellectual property

As the data controller, we process your personal data for the purposes of providing the Service and managing your business relationship with us in accordance with the applicable Terms of Service. In this context, we may use your personal data to send you invoices or to process payments for the offers to which you have subscribed. You have the right to access, correct, or delete your personal data as outlined in our Personal Data Privacy Policy.

You own the intellectual property rights to the content generated using Creating Comic's services, including the text and images of your comics. The brands, logos and images appearing on the Site and not generated by the Customer using the purchased services are the intellectual property of Creative Counselling EURL. For more information, you can consult our Terms of Use, under the Intellectual Property section.

Article 9: Dispute resolution

After contacting us, and if we can't resolve your issue within thirty (30) days from the date of your request, you may contact the Mediation and Consumer Center of Justice Conciliators:

• By mail: Centre de la Médiation et de la Consommation de Conciliateurs de Justice, 49 Rue de Ponthieu 75008 Paris, France,
• By email: contact@cm2c.net
• Or through their website: https://www.cm2c.net

Or use the EU dispute resolution platform: https://ec.europa.eu/consumers/odr.

This amicable settlement procedure constitutes a mandatory prerequisite to the initiation of legal action between the Parties. Any legal action brought in violation of this clause would be declared inadmissible.

However, if after a period of one (1) month the Parties are unable to agree on a compromise or solution, the dispute will then be submitted to the jurisdiction designated below.

Article 10: Applicable law

The use of the Site and its Service is governed by and interpreted in accordance with the laws of the French state. The Terms of Service are subject to French law. In the event of a translation into one or more languages, only the French text shall be authentic in the event of a dispute.

Article 11: Modifications of the Terms of Service

The publisher of the Creating Comic site reserves the right to modify these Terms of Service at any time, without notice, by posting the modified terms and conditions on the website.

Any modifications cannot have an impact on purchases previously made on the site, which remain subject to the Terms in force at the time of the purchase and as accepted by the user upon validation of the purchase.

The user is invited to read these Terms each time they use our services, without it being necessary to formally notify them.

Article 12: Customer Acceptance

These Terms of Service are expressly agreed to and accepted by the Customer, who declares and acknowledges having full knowledge of them, and therefore waives the right to rely on any contradictory document.