1 The publisher
Safelight Studio is software published and distributed under that
trading name by a French sole trader whose full civil identity,
registration number and address appear at the foot of this page.
That professional is referred to below as “the publisher”. The person
or company taking out a licence is referred to as “the customer”.
Support and complaints: contact@safelightstudio.com, and
@MBMAGENCY on Telegram for licence delivery.
VAT not applicable, article 293 B of the French General Tax Code.
2 Purpose
These terms govern the grant, by the publisher to the customer, of a
licence to use the Safelight Studio software. They prevail over any
other document, and in particular over the sales page, which is
descriptive only.
Safelight Studio is image generation software that installs and runs on
the customer's own hardware. The publisher does not host, store, view or
transmit any image produced by the customer, and has no technical means
of doing so.
The customer remains solely responsible for their hardware, their
internet connection, and any third party service they choose to use, in
particular rented computing power, which they subscribe to and pay for
directly with the provider concerned.
The software is for adults only. By ordering, the customer declares
that they are eighteen years of age or older.
3 Nature of the licence
The publisher transfers no ownership of the software. It grants the
customer a personal, non-exclusive, non-transferable right of use, for
the term and on the number of seats stated at the time of the order.
- Studio edition: one seat, twelve months, renewable.
- Agency edition: up to five seats, twelve months, renewable.
- Trial edition: one seat, seven days, with a watermark on the
images produced and no way to export a trained character.
The licence is tied to the hardware identifier of the declared seat or
seats. Changing a motherboard requires a new licence, which the publisher
issues free of charge during the current term, up to three transfers.
The software checks its licence offline. That check is a technical
protection measure within the meaning of article L. 331-5 of the French
Intellectual Property Code.
4 What the customer may not do
The customer undertakes not to resell, rent, lend, publish or
redistribute the software, in whole or in part, nor to circumvent or
disable its licensing mechanism, nor to decompile its code outside the
interoperability cases provided for by article L. 122-6-1 of the French
Intellectual Property Code.
The customer expressly undertakes not to use the software to produce:
- any image depicting, or capable of depicting, a minor or a person
who appears to be a minor, in a sexual context;
- any image reproducing the features of an identifiable real person
without their prior, express, written consent, in particular in a
sexual context;
- any hateful or defamatory content, or content amounting to
incitement to violence or harassment.
The customer acknowledges having been informed that such uses are
criminal offences under French law, in particular under articles 227-23,
226-8 and 226-8-1 of the French Penal Code, and expose them to
prosecution for which they alone would be answerable.
Where the customer distributes an image produced by the software in a
context in which it might be taken for a photograph, the customer is
responsible for disclosing the artificial nature of the content, in
particular under article 50 of European Regulation 2024/1689 on
artificial intelligence.
The customer is responsible for complying with the law of the country
from which they use the software, and with the terms of any platform on
which they publish the images produced.
5 Ownership of the images produced
Images generated by the customer belong to the customer. The publisher
claims no right over them and keeps no copy.
The customer is informed that the legal status of images generated
entirely by artificial intelligence remains uncertain under French and
European law, and that such an image may not be protected by copyright.
The publisher therefore gives the customer no warranty of copyright
ownership in the images produced.
The software relies on third party models distributed under open
licences whose terms permit commercial exploitation of the generated
images. The list of those models and their licences is included with the
software and provided on request.
6 Price, order and payment
Prices are shown in euros on the sales page at the time of the order.
Payment is processed by Paddle.com Market Ltd, acting as reseller,
which collects the price, issues the invoice and applies any tax due in
the customer's country.
The order is firm as soon as it is paid. The licence is delivered to
the customer within twenty-four working hours, once the customer has
provided the hardware fingerprint of their machine, which is required to
issue it.
The annual licence renews automatically, at the price then in
force, until the customer ends it. Renewal is charged on the
anniversary date.
The customer may end it at any time, without reason and without
charge, from the management area reachable through the link on each
invoice, or by writing to support. Termination takes effect at the end
of the period already paid for: the customer keeps the software until
then.
In accordance with article L. 215-1 of the French Consumer Code, the
publisher informs consumer customers, at the latest one month before
the end of the period during which they may object, of their right not
to renew. Failing such information, the customer may end the contract
free of charge at any time after renewal, and obtain a refund of sums
paid after it.
7 Seven day trial
Starting a trial requires a payment method to be registered.
No amount is charged during the seven days. At the end of that
period, and unless the customer cancels before it ends, the Studio
licence takes effect and the annual price is charged once.
The customer may cancel at any time during the trial, without reason
and without charge, from the link in the confirmation email or by
writing to support. Cancellation is immediate and requires no
justification.
A reminder is sent to the customer by email no later than forty-eight
hours before the end of the trial, stating the date and amount of the
coming charge and how to avoid it.
The Trial edition is limited: images produced carry a watermark and the
trained character cannot be exported. Those limits disappear when the
Studio licence takes effect.
8 Right of withdrawal
Where the customer is a consumer, they normally have fourteen days to
withdraw.
However, under article L. 221-28 13° of the French Consumer Code,
that right does not apply to the supply of digital content not
supplied on a physical medium where performance has begun after the
consumer's prior express consent and express waiver of their right of
withdrawal.
By confirming their order, the customer expressly requests immediate
performance and acknowledges losing their right of withdrawal once
their licence is delivered.
The seven day trial lets the customer assess the software before any
charge: the waiver above takes effect only at the end of that trial,
when the paid licence begins and the full licence is delivered.
9 Updates and availability
Updates published during the licence term are included. They are
cryptographically signed by the publisher, and the software refuses any
update whose signature does not match.
The publisher gives no undertaking as to the pace of releases or the
addition of future features. It does undertake, during the licence term,
to correct defects preventing the software from performing the function
described in article 2, in accordance with its conformity obligations
under articles L. 224-25-12 and following of the French Consumer Code.
Since the software runs entirely on the customer's hardware and its
licence is verified offline, it keeps working until the end of the
licence term regardless of any service availability on the publisher's
side.
10 Warranty and liability
Subject to the statutory warranties set out below, the software is
provided as is. The publisher warrants neither the absence of errors,
nor fitness for a particular purpose, nor the aesthetic quality,
consistency or commercial usability of the images produced, these
depending on the settings and text chosen by the customer.
The publisher shall not be liable for indirect damage, including any
loss of data, of business, of turnover or of reputation. Its liability
is in any event limited to the amount actually paid by the customer for
the current licence.
The customer indemnifies the publisher against any third party claim
arising from images the customer has produced or distributed.
These limits do not exclude the statutory warranties of conformity and
against hidden defects where the customer is a consumer, nor the
publisher's liability in case of gross negligence or wilful misconduct.
11 Personal data
The publisher collects and keeps only the data needed to issue and
track licences: the customer's name or identifier, a means of contact,
the hardware fingerprint of the machine, and the start and end dates.
Processing is based on performance of the contract.
The hardware fingerprint consists of irreversible cryptographic
digests: it allows neither reading the hardware details in the clear nor
tracing back to its owner.
This data is kept on the publisher's own computer for the duration of
the business relationship, then three years, accounting records being
kept ten years as the law requires. No image, no text and no usage data
reaches the publisher.
The customer exercises their rights of access, rectification, erasure,
restriction and portability at the address given in article 1. They may
lodge a complaint with the CNIL, the French data protection authority.
The full privacy policy is published on the publisher's website.
12 Termination
The publisher may terminate the licence as of right, without refund, in
the event of serious breach of article 4 by the customer, eight days
after a formal notice has gone unanswered. Where the breach falls under
the first bullet of article 4, termination is immediate.
Absent renewal, the licence ends at its term and the software stops
producing new images. The customer keeps access to the images already
produced, and the ability to export them: they are on the customer's own
disk, and the publisher has no means of reaching or withholding them.
13 Governing law and disputes
These terms are governed by French law. Consumer customers keep the
benefit of the mandatory provisions of the law of their habitual
residence.
In the event of a dispute, the customer first sends a written complaint
to the publisher, which has one month to reply.
Failing an amicable settlement, the dispute shall be brought before the
competent courts.