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. When you save a character, a location, an object or an animal to reuse it in Multi-Ref Video, the images you send and the views generated from them are stored encrypted, tied to your Licence, until you delete them, and are erased after one year without use. The same applies to a character's voice, chosen from our catalogue or imported by you: an excerpt of 20 seconds at most, stored encrypted, erased with the character, and which you can remove on its own at any time. 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 and any voice you give a character (see 5.5).

5.4 Character replacement. The character replacement tool (Face swap) replaces a person filmed in a video with a character: their face and, depending on the chosen mode, their hair, body, outfit and voice. You may only use it on videos for which every person filmed has given their consent, and with a character you have the right to use: a fictional character, or a real person who has consented. In particular, you may not: (a) place a real person, their face, body or voice, in an intimate, nude, sexual or degrading scene without that person's consent; (b) present a video modified in this way as authentic in order to deceive, harm or impersonate anyone; (c) use the tool on any video involving a minor, or with a character that looks like a minor. Section 6 applies in full to videos produced with this tool.

5.5 Voices. The voices you give a character, imported or generated, follow these rules: (a) a real person's voice may only be imported or imitated with that person's consent (or that of their heirs if they have died), never a minor's voice, and never to imitate a public figure; (b) no voice may be used to impersonate anyone, to deceive, defraud or harass, or for unlawful automated calls; (c) no sexual content with a voice presented as a minor's, or with a real person's voice without their consent; (d) you may not remove or circumvent a watermark or provenance mark present in an Output.

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. A video modified with the character replacement tool keeps the gestures and scenery of the footage you supplied, and its sound, unless you choose the character's voice (see 5.4).

7.2 Files exported by the Software, and Outputs delivered by Cloud Rendering, 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.

8.4 Some voices and dialogue are produced with the Drama 3 model from Fish Audio, under the Fish Audio Community License. Built with Fish Audio.

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 At checkout, before any payment, you request immediate access to the Licence and to the Credits, and you acknowledge that you lose your right of withdrawal as soon as you use a Credit after that purchase (for Cloud Rendering or to train a character in the cloud). These statements are recorded with your order and recalled on the order confirmation page. Using the Software locally, on your own hardware, does not end your right of withdrawal.

11.3 As long as no Credit has been used, you may withdraw within the 14 days by contacting us at the address in section 1. We then refund the full amount paid within 14 days, and the Licence is revoked, or the Credits of that purchase are withdrawn from your balance.

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 Credits that have been used are not refundable. When a purchase of Credits is refunded, the Credits of that purchase still on your balance are withdrawn from it.

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.

17. Professional and API use

A cloud render API key is available with the Pro licence. It is personal, bound to your licence, and may not be shared, resold or transferred.

You remain responsible for everything generated through your key, as if you had generated it yourself. This includes generations made by third parties to whom you give access, directly or through your own service.

API use is subject to limits, in particular a daily credit cap per key and rate limits. These limits exist to keep the service available to everyone and may be adjusted.

We may suspend a key immediately in the event of abuse, fraud, or use contrary to these terms, and we revoke it when the underlying licence is revoked or refunded.

The API may change. We announce breaking changes in advance whenever reasonably possible.

18. Your account

18.1 You do not need an account to use the Software. An account is required to subscribe, and it lets you manage your subscription, your Credits and your Licences on our website.

18.2 You sign in with a Google, Apple or Discord account, or with a single-use code sent to your email address. An account is personal and reserved for adults: do not share it.

18.3 You are responsible for keeping access to your email address and to your sign-in accounts secure, and for what is done with your account. If you believe someone else has used it, sign out of all devices from the account page and contact us.

18.4 You may link a Licence bought before to your account, with its key and the email address used for the purchase. A Licence can be linked to one account only.

18.5 You may delete your account at any time from the account page. Deletion stops a current subscription immediately, without refund of the period already started, and its Credits are lost. Lifetime Licences remain valid in the Software: they are only detached from the account.

18.6 We may suspend or close an account in the cases set out in section 12.2.

18.7 From the account page, you can release a device on which your Licence is activated, to activate it on another one: one computer and one phone every 30 days. Beyond that, section 3.2 applies.

19. Subscription

19.1 Where it is offered, the subscription gives you, for as long as it is active, a Licence of the Software and a monthly allowance of Credits, as described on the pricing page when you subscribe. By derogation from section 3.1, this Licence lasts as long as the subscription.

19.2 The price is shown before payment, including any applicable taxes. It is charged in advance through our payment provider, on the day you subscribe and then every month on the same date. The subscription renews automatically each month until you cancel it.

19.3 The monthly Credits are added at each renewal and are used before your other Credits. They do not carry over: at each renewal the allowance starts again from the amount of the subscription. The last sentence of section 4.3 does not apply to them.

19.4 You may buy Credit packs on top of the subscription. Pack Credits carry over from month to month while the subscription is active. When it ends they are frozen and can no longer be used, until you subscribe again with the same account.

19.5 You may cancel at any time, in one click, from the account page. Cancellation takes effect at the end of the period already paid: you keep the subscription and its Credits until that date, and no further payment is taken. The period already started is not refunded, without prejudice to section 11.

19.6 When the subscription ends, the Licence granted with it ends and the Software returns to its free version, as described on the pricing page. Local Generation remains available.

19.7 If a payment fails, what happens depends on how you pay. By card, our payment provider tries again over the following days. With PayPal, the subscription is suspended at the first failed payment. In both cases, the account page shows the date by which the payment must go through, and you can pay again or update your payment method there. If the payment has still not gone through by that date, the subscription ends as set out in section 19.6.

19.8 We may change the price of the subscription. We notify you at least 30 days before the new price applies to a renewal, and you may cancel before then at no cost.

19.9 Section 11 applies to the subscription. At checkout you request immediate access and acknowledge that you lose your right of withdrawal as soon as you use a Credit. If you withdraw within 14 days without having used a Credit, we refund the first payment in full and the subscription ends. Monthly renewals do not open a new withdrawal period.

19.10 A subscriber may switch to the lifetime Pro Licence from the account page, at the full price shown there. The subscription then stops with no further payment, the Licence becomes a lifetime Pro Licence, and its Credits are kept, together with the Credits included with the Pro Licence.

19.11 The Software regularly checks online that the subscription is active, as provided in section 3.4.

19.12 While the subscription is active, the characters, locations, objects and animals you have saved (section 4.2) are never erased for lack of use.

20. Saved card, automatic top-up and purchases by an agent

The customer may save a bank card in their account, with our payment provider Stripe; tendre.AI neither sees nor keeps the card number. By saving it, the customer authorizes tendre.AI to charge it, without further confirmation on their part, for: (a) the automatic top-up, when the balance of their licence drops below the threshold they have chosen, by the amount they have chosen; (b) if they have turned it on, the credit purchases requested by their agent (MCP, Pro API). These charges never exceed the monthly limit they have set. Each charge gives rise to an email stating the amount and the credits added. The customer may at any time, from their account, turn off the automatic top-up, withdraw the authorization given to their agent or remove the card; this applies to subsequent charges. Credits bought this way follow the rules of credit packs.