Terms of Use

1. Who we are

tendre.AI is published by TENDRE, Toulouse, France.

Contact: [email protected].

The website is hosted by FlokiNET ehf, Skólavörðustíg 12, 101 Reykjavík, Iceland, on a dedicated server located in Romania.

In these Terms, "we", "us" and "our" refer to the publisher above. "You" refers to the person installing or using the Software, or purchasing a Licence.

2. Definitions

Software: the tendre.AI desktop application, including its updates.

Licence: the right to use the Software granted to you upon purchase.

Local Generation: generation performed entirely on your own hardware.

Cloud Rendering: the optional rendering service, paid with prepaid Credits, that runs on our infrastructure and on our third party GPU provider.

Credits: prepaid units used to pay for Cloud Rendering.

Input: the prompts, parameters, reference files and other materials you supply.

Output: the images, videos, audio or text produced by the Software or by Cloud Rendering.

Third Party Models: the artificial intelligence models bundled with or downloaded by the Software, published by third parties under their own licences.

3. The Software and the Licence

3.1 Upon purchase we grant you a personal, non exclusive, non transferable Licence to install and use the Software on one machine, for an unlimited duration unless stated otherwise at the point of sale.

3.2 The Licence is issued as a signed file bound to a single machine on activation. You may request a transfer to a new machine through our support channel.

3.3 You may not resell, rent, sublicense, share, publish, decompile or reverse engineer the Software, nor circumvent, disable or interfere with its licensing system, its technical limitations, its safety features or the markings described in section 7.

3.4 The Software may check for updates and verify the validity of your Licence. These checks transmit your licence identifier and a machine identifier. They do not transmit Inputs or Outputs.

4. Local Generation and Cloud Rendering

4.1 Local Generation. Generation performed locally runs entirely on your hardware. Your Inputs, your Outputs and any models you train remain on your machine. We do not receive them, we do not store them and we cannot access them.

4.2 Cloud Rendering. Cloud Rendering is optional and is clearly identified as such in the interface. When you use it, your Input and the resulting Output are transmitted to our rendering service and to our third party GPU provider in order to perform the rendering, and are returned to you. We do not use them to train models and we do not disclose them to anyone other than the providers strictly necessary to deliver the service. Retention and processing details are set out in our Privacy Policy.

4.3 Credits. Credits are prepaid, expressed in the currency shown at purchase, and consumed as described on the pricing page. Credits are not a means of payment, carry no interest and are not exchangeable for cash. Unused Credits remain available for 12 months from purchase.

5. Your responsibilities

5.1 You are solely responsible for your Inputs, for your Outputs, and for any use, storage, publication or distribution you make of them, including compliance with the laws applicable to you.

5.2 You are responsible for keeping your Licence file and credentials confidential.

5.3 You must have the right to use any material you supply as an Input, including any image used to train a custom model.

6. Acceptable use

You may not use the Software, Cloud Rendering or any Output to create, train on, store, publish or distribute:

a. any content that depicts, promotes or facilitates illegal activity;

b. child sexual abuse material, or any content depicting a minor or a person whose appearance is that of a minor in a sexual, suggestive or exploitative context, in any form, including through custom training;

c. non consensual intimate imagery, or synthetic media designed to depict or impersonate a real identifiable individual without that person's consent;

d. content that incites violence or hatred against an individual or a group;

e. content that infringes or misappropriates the intellectual property, personality or privacy rights of a third party;

f. viruses, malware, ransomware, trojan horses, worms, spyware or any other malicious code;

g. data, designs or materials subject to export control laws, where such use would breach those laws;

h. content or applications intended for military use, weapons development, mass surveillance or social scoring;

i. any use of the Third Party Models, their weights or their Outputs to train, fine tune or improve another artificial intelligence model.

We may suspend or terminate access to Cloud Rendering, and revoke the Licence, for a breach of this section. Where the law requires it, we report unlawful content to the competent authorities.

7. Artificial intelligence transparency

7.1 Outputs are generated by artificial intelligence and do not depict any real person.

7.2 Files exported by the Software carry a technical marking identifying them as AI generated, in accordance with applicable European regulation. The marking does not alter the visible content. You may not remove, alter or circumvent it.

7.3 Where the Software provides a conversational feature, you are interacting with an artificial intelligence system, not with a person, and its responses may be inaccurate.

7.4 If you publish or distribute an Output, it is your responsibility to disclose that it is AI generated where the applicable law requires it.

8. Third Party Models and licences

8.1 The Software uses Third Party Models distributed under their own licences. By using the Software you also accept the use restrictions set out in those licences.

8.2 The full text of those licences is available in the Software under About > Licences, and on request. Copyright, patent, trademark and attribution notices must not be removed.

8.3 The publishers of the Third Party Models are not partners of, do not endorse and do not guarantee tendre.AI.

9. Rights in Inputs and Outputs

9.1 You retain all rights you hold in your Inputs.

9.2 As between you and us, you own your Outputs, to the extent they are protectable, subject to section 6 and to the licences referred to in section 8. We claim no rights in your Outputs.

9.3 Because of how generative systems work, other users may produce identical or similar Outputs. We give no warranty of uniqueness and no warranty that an Output does not resemble existing material.

10. Price, payment and Licence delivery

10.1 Prices are shown inclusive of any applicable taxes at the point of sale. VAT is not applicable under article 293 B of the French General Tax Code, where relevant.

10.2 Accepted payment methods are shown at checkout. For payments in crypto assets, the amount due is locked at the rate displayed for the duration indicated on the payment page. Underpayments and overpayments are handled as described on that page.

10.3 The Licence is delivered electronically once the payment is confirmed.

11. Right of withdrawal and refunds

11.1 If you are a consumer in the European Union you have a right of withdrawal of 14 days from the conclusion of the contract.

11.2 Because the Licence is digital content supplied immediately, this right is lost only if, at checkout, you have expressly consented to immediate supply and acknowledged that you thereby lose your right of withdrawal. Both statements are collected separately at checkout and confirmed in your order email.

11.3 Where the right of withdrawal has not been validly waived, you may withdraw by contacting us at the address in section 1, and we refund you within 14 days.

11.4 Independently of the above, the legal guarantee of conformity applies. If the Software does not function on hardware meeting the published requirements and we cannot resolve the issue, you are entitled to a refund.

11.5 Consumed Credits are not refundable. Unconsumed Credits are refunded on the same basis as the Licence where a valid withdrawal applies.

12. Term, suspension and termination

12.1 These Terms apply for as long as you use the Software.

12.2 We may suspend or terminate your Licence in the event of a breach of section 6, of a payment reversal or chargeback, or of fraudulent use. Termination for breach of section 6 does not give rise to a refund.

12.3 On termination you must stop using the Software and delete your copies.

13. Disclaimer and liability

13.1 The Software is provided as is. We do not warrant that it will be uninterrupted, error free, or fit for a particular purpose beyond what is stated in the published documentation.

13.2 We are liable for damage resulting from our failure to perform, in the conditions and within the limits set by applicable law. We are not liable for indirect damage, loss of data, loss of profit, or for the consequences of the use you make of the Outputs.

13.3 Nothing in these Terms excludes or limits our liability where the law does not permit it, in particular for gross negligence, wilful misconduct, or personal injury, nor does it reduce your mandatory rights as a consumer.

14. Complaints, mediation and applicable law

14.1 Any complaint should first be sent to the contact address in section 1. We answer within 10 business days.

14.2 Consumers may refer the dispute free of charge to an approved consumer mediator. The mediator's name and contact details will be provided here and in your order email.

14.3 To report unlawful content or a violation of section 6, write to [email protected]. We acknowledge receipt and process reports without undue delay.

14.4 These Terms are governed by French law. If you are a consumer resident in another country, you also benefit from the mandatory protective provisions of that country. Disputes fall within the jurisdiction of the competent courts under applicable rules.

15. Changes

We may update these Terms. Material changes are notified before they take effect and, where the change affects your rights, require your acceptance. The version and date appear at the top of this page.

16. Miscellaneous

If a provision is held invalid, the remainder stays in force. Our failure to enforce a provision is not a waiver. These Terms, together with the Privacy Policy and the in application licence agreement, form the whole agreement between us regarding the Software.