Terms of Service

1. Purpose

These Terms of Service (hereinafter "ToS") are intended to define the terms and conditions of use of the DraftClout service (hereinafter "the Service") provided by DraftClout.

Use of the Service implies full and complete acceptance of these ToS. If you do not accept these terms, please do not use the Service.

2. Definitions

• Service: refers to the DraftClout platform accessible via the draftclout.app website
• User: refers to any natural or legal person using the Service
• Account: refers to the personal space created by the User to access the Service
• Content: refers to any element created, uploaded or shared by the User via the Service

3. Acceptance of ToS

By creating an account or using the Service, the User acknowledges having read, understood and unreservedly accepted these ToS. The User undertakes to comply with all the provisions contained in these ToS.

4. Access to the Service

4.1. Access conditions

Access to the Service and all creation tools is free. Image exports are subject to a daily usage limit.

To access the Service, the User must:

• Be at least 13 years old or have authorization from a legal representative
• Create an account by providing accurate and up-to-date information
• Comply with applicable laws and regulations

4.2. Account creation

The User undertakes to provide accurate, complete and up-to-date information when creating their account. The User is responsible for the confidentiality of their login credentials.

5. Service Features

5.1. Content Creation Tools

DraftClout provides various tools for content creators, including but not limited to:

• Chat conversation generators
• Story preview generators
• Social media post mockups
• Comment generators for various platforms
• Other creative tools as they become available

All generated content is for personal or commercial use, subject to compliance with these Terms and applicable laws.

6. Use of the Service

6.1. Authorized use

The User undertakes to use the Service in accordance with its intended purpose and in compliance with applicable laws and regulations, including:

• Intellectual Property Code
• Law on Confidence in the Digital Economy (LCEN)
• General Data Protection Regulation (GDPR)

6.2. Prohibited uses

It is strictly forbidden to use the Service to:

• Create, distribute or share illegal, defamatory, abusive, obscene, pornographic or contrary to public decency content
• Infringe the intellectual property rights of third parties
• Impersonate another person or entity
• Transmit viruses, malicious code or any other harmful element
• Attempt to access the Service or its systems in an unauthorized manner
• Use the Service for fraudulent, deceptive, or misleading purposes
• Create content that could harm, harass, or threaten others
• Violate any applicable laws or regulations

7. Intellectual Property

6.1. DraftClout's property

The Service, including but not limited to texts, images, logos, graphics, icons, sounds and software, is the exclusive property of DraftClout and is protected by French and international laws relating to intellectual property.

6.2. User Content

The User retains all of their intellectual property rights on the Content they create via the Service. By using the Service, the User grants DraftClout a non-exclusive, worldwide, free and transferable license to use, reproduce, modify and distribute the Content in the context of providing and improving the Service.

8. Liability

7.1. Service availability

DraftClout strives to ensure 24/7 availability of the Service. However, DraftClout cannot guarantee uninterrupted availability of the Service and reserves the right to temporarily interrupt access to the Service for maintenance, update or any other technical reason.

7.2. Limitation of liability

DraftClout cannot be held liable for:

• Direct or indirect damages resulting from the use or inability to use the Service
• Loss of User data or Content
• Acts of third parties or events beyond its control

In all cases, DraftClout's liability is limited to the amount of sums paid by the User over the last 12 months.

9. Personal data protection

Personal data collected in the context of using the Service is processed in accordance with the General Data Protection Regulation (GDPR) and the Data Protection Act. For more information, see our Privacy Policy.

10. Modification of ToS

DraftClout reserves the right to modify these ToS at any time. Modifications take effect upon their publication on the site. Users are invited to regularly consult the ToS. Continued use of the Service after modification of the ToS constitutes acceptance of the new conditions.

11. Termination

The User may terminate their account at any time from their account settings. When an account is deleted:

• All associated account data and content will be permanently deleted
• Recurring payments billed through Apple must be canceled in Apple Account settings
• Account recovery will not be possible

DraftClout reserves the right to suspend or terminate the account of any User who does not comply with these ToS, without notice or refund.

12. Applicable law and competent jurisdiction

These ToS are governed by French law. In case of dispute and in the absence of an amicable agreement, the dispute will be brought before the competent French courts in accordance with the rules of jurisdiction in force.

13. Contact

For any questions regarding these ToS, you can contact us at: contact@draftclout.app

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