Terms of sale and use

1. Who these terms bind

These terms govern your use of Delicately (“the service”), published by Thomas BOUCARD (EI) (“we”, “us”). Creating an account means accepting them, in the version in force on that day.

They apply to consumers and to professionals alike. Clauses marked as applying to consumers apply to you if you are acting outside your trade, business or profession, and give way to nothing: where French consumer law is more favourable to you than a clause here, the law wins.

The acceptable use policy and the privacy policy form part of this contract.

2. Words used here

3. Your account

You need an account to generate anything. You can create one with an email address and a password, or through Google.

• You must be at least 18 years old. This service edits faces in video; it is not for minors, on either side of the camera.
• One account per person. Give a real email address and keep it current — it is how we reach you about your subscription and about anything that goes wrong.
• Your password is yours to protect. Everything done through your account is treated as done by you, unless you tell us it was not as soon as you know.
• Tell us straight away if you think someone else has got in.

A new account starts with a balance of zero. There is no trial allowance: rendering video costs real money on every run, so credits are bought before the first generation.

4. What the service does

You upload a clip and one photograph. A third-party model replaces the person on screen with the person in the photograph, and leaves the motion, the scene and the lighting alone. You choose which model runs and at what resolution; they differ in price and in character.

Within the limits the interface states — today, clips of 3 to 15 seconds, MP4 or MOV up to 200 MB, and a JPEG or PNG photograph up to 10 MB — any file we accept is a file we will attempt to process. Those limits can change as the models behind them change.

This is a best-efforts obligation, not a guarantee of result. Generative models are not deterministic: two runs of the same clip differ, some clips come out badly, and no amount of retrying makes a particular shot work. A result you are unhappy with is not a defect, and the credits it consumed were consumed.

We may change, add or withdraw models and features. If a change removes something you were relying on, and you are on a subscription, you may cancel — see section 8.

5. Credits

Credits are the unit of account inside the service. They are not money, not a payment instrument and not a security: they cannot be exchanged for cash, transferred to anyone else, or used anywhere but here.

The charge for a generation is calculated from the length of the clip as our server measures it — not as your browser reports it — rounded up to the second, at the per-second rate of the model and resolution you chose. The rate is shown on the pricing section and in the studio before you commit.

• Plan credits are granted when each monthly invoice is paid, replace whatever was left of the previous month, and lapse when the period ends. They do not roll over.
• Top-up credits are bought in a single payment and do not expire while your account is open.
• A generation spends plan credits first, so the ones with a deadline are the ones used while they are still worth something.
• If a generation fails on our side or the model’s, its credits are returned automatically, to the buckets they came from.

Every movement is recorded in the activity list on your credits page. If it disagrees with your balance, tell us and we will reconcile it.

6. Prices and payment

Prices are shown on the site in US dollars, before any conversion or fee your own bank applies. The price that binds us is the one displayed at the moment you confirm.

VAT is not charged: Thomas BOUCARD (EI) falls under the French VAT exemption for small businesses (article 293 B of the code général des impôts). Invoices therefore carry the mention “TVA non applicable, art. 293 B du CGI” and no VAT is recoverable on them. Should that change, prices excluding tax stay as they are and the tax is added on top, with notice.

Payment is handled by Stripe. Your card details are entered on Stripe’s own pages and never reach our servers — we see the outcome, the last four digits and the invoice, and nothing more. Invoices are available from the billing portal, reachable from your credits page.

We may change our prices. A change never affects a purchase already made or a subscription period already paid for; for subscriptions it takes effect at the following renewal, and we tell you before it does, in time for you to cancel.

7. Subscriptions

A plan is a monthly subscription. It renews by itself each month, on the day of the month you subscribed, until you cancel.

Cancel at any time, from the billing portal linked on your credits page. Cancellation takes effect at the end of the period you have already paid for: you keep the service, and the plan credits of that month, until then. We do not refund part of a month.

If a payment fails, Stripe retries it. If it keeps failing the subscription ends and the plan credits stop being granted; any top-up credits you hold are untouched.

Consumers: a subscription taken out online can be cancelled online, in as few clicks as it took to take out. That is what the billing portal is for.

8. Right of withdrawal (consumers)

As a consumer you have fourteen days from the day of purchase to withdraw from a distance contract, without giving a reason — articles L221-18 and following of the French consumer code.

That right ends as soon as the service has been fully performed at your express request. Concretely: by starting a generation, you expressly ask us to begin performance immediately and you acknowledge losing your right of withdrawal over the credits it consumes (article L221-28, 1° and 13°). Credits you have not spent are not affected.

So, in practice, within fourteen days of a purchase: we refund any credits from it that you have not spent, in full, to the card you paid with, within fourteen days of your telling us. Spent credits are not refundable.

To withdraw, write to thomas.bcrd1@gmail.com — an unambiguous statement is enough, and you may use the model form in the consumer code but do not have to. Say which purchase you mean.

9. Your content, and what we may do with it

Your content stays yours. We claim no ownership of what you upload, and none of the videos the service produces for you.

To run the service at all we need a licence, and it is limited to exactly that: for as long as you keep the files with us, you grant us a non-exclusive, worldwide, royalty-free right to store, copy, transcode, transmit to the processors named in the privacy policy, and display back to you your content and your results — for the sole purpose of providing the service to you. It ends when you delete them.

• We do not use your content or your results to train models, ours or anyone else’s.
• We do not publish them, sell them, or show them to anyone else. Staff access happens only where you have asked for help with something, or where the law requires it.
• Deleting a generation deletes its files from our storage. That is immediate and cannot be undone.

You warrant that you hold every right needed for what you upload, including the consent of every identifiable person in the clip and in the photograph. This is the heart of the acceptable use policy, and breaching it is the one thing that will end your account without notice.

As between us, you own the result to the extent anything in it can be owned, and we assign to you whatever rights we may hold in it. Be aware that in many countries an output generated by a model without human creative input attracts no copyright of its own, and that this changes nothing about the rights other people hold in the faces and footage it was made from.

10. What you may not do

The acceptable use policy is the full list, and you agree to it. In summary: no face you have no right to use, nothing sexual, nothing involving minors, no fraud, no passing a result off as an unaltered recording.

Beyond content, do not attempt to break, overload or circumvent the service — no probing, no scraping, no reselling access, no working around the credit system, no automated use beyond our published interfaces.

We may suspend or close an account that breaches this, immediately where the breach is serious or unlawful. Credits are not refunded in that case, and we may report what is required of us to the authorities.

11. Availability

We aim to keep the service up, and we make no promise about a particular level of availability. It depends on providers we do not control — the host, the storage, the model. Maintenance happens; so do outages.

Failed generations are refunded in credits automatically. That is the remedy for a run that does not complete.

12. Liability

We are liable for damage we cause you by failing to meet these terms, in the ordinary way French law provides, and nothing here excludes liability for death or personal injury, for fraud, or for gross or wilful fault.

Subject to that, and to the extent the law allows: our total liability arising from this contract over any twelve-month period is limited to the amount you actually paid us during that period. We are not liable for loss of profit, loss of opportunity, loss of data you had no copy of, or for harm arising from a use of a result that breaches the acceptable use policy.

You are responsible for what you make with the service and for what you then do with it. If a third party brings a claim against us because of content you uploaded or published — a person whose face you used, above all — you will indemnify us against it, unless you are a consumer, in which case the ordinary rules of fault apply instead.

Consumers keep in full the legal guarantee of conformity of digital content and services (articles L224-25-12 and following of the consumer code) and the guarantee against hidden defects. Nothing in this section limits them.

13. Ending the contract

You may close your account whenever you like, by writing to us. Closing it deletes your generations and the files behind them, and ends any subscription at the end of the period already paid for. Unused credits are not refunded on closure, except where section 8 applies.

We may end the contract with thirty days’ notice if we stop offering the service, in which case we refund unused top-up credits and the unused part of any current subscription period. We may end it immediately for a serious breach, as section 10 says.

14. Changes to these terms

We may change these terms. The date at the top of this page says when they last changed.

A change that affects you materially is announced by email at least thirty days before it takes effect if you are on a subscription. Continuing to use the service after that date is acceptance; if you would rather not, cancel before it, and we refund the unused part of the period.

15. Law and disputes

French law governs this contract. If you are a consumer resident elsewhere in the European Union, you keep the protection of the mandatory rules of your own country of residence.

Write to us first — most things end there. If they do not, and you are a consumer, you may go to the mediator named in the legal notice free of charge, or to the courts.

For professionals, any dispute not settled amicably goes before the competent courts of the publisher’s place of establishment.