Terms of Service & Acceptable Use

Preamble

These Terms of Service (“ToS”) govern the contractual relationship between No Way This Is AI, a business based in France (hereinafter “the Seller”), and any natural person or legal entity purchasing or accessing the digital product (hereinafter “the User” or “the Customer”). Purchasing or using the Product constitutes full, entire, and unreserved acceptance of these ToS, including the Acceptable Use Policy set out in Article 3. The User declares that they have full legal capacity to enter into this agreement.

Article 1 - Subject Matter and Nature of the Product

The Product is a digital course provided for informational and educational purposes only. It contains video lessons, written guides, and a prompt library explaining workflows for producing photorealistic images with third-party open-source software installed locally by the User. The Product demonstrates generic, non-targeted techniques and shall not be interpreted as an incitement, endorsement, or approval of any specific use. The Seller does not provide, distribute, or maintain any third-party software; the User is solely responsible for acquiring and operating such tools.

Article 2 - Intellectual Property and License to Use

2.1. Exclusive Ownership - All elements of the Product (videos, texts, guides, images, logos, prompt library) are the exclusive intellectual property of the Seller and are protected by French and international copyright law.

2.2. License to Use - Purchasing the Product grants the User a personal, non-exclusive, non-transferable, non-sublicensable, and revocable license, strictly limited to private use by the single User who purchased it.

2.3. Strict Prohibitions - The User is expressly forbidden from:

• Sharing, reselling, renting, or distributing the Product, in whole or in part.
• Copying, modifying, decompiling, or creating derivative works from the Product’s educational content.
• Publicly displaying or making the Product available on any network, platform, or medium.

2.4. Sanctions - Any verified breach of this article results in immediate, automatic revocation of the license without refund, without prejudice to any legal action the Seller may take.

Article 3 - Acceptable Use Policy (AUP)

3.1. Sole Responsibility for Output - The User is solely and exclusively responsible for all content they create, generate, store, publish, or distribute using the techniques taught in the Product. The Seller exercises no control over the User’s outputs and assumes no liability for them.

3.2. Legal Compliance - The User agrees to comply with all applicable laws and regulations in their jurisdiction and in every jurisdiction where their output is distributed, including (but not limited to) the EU AI Act, the French SREN law, the UK Online Safety Act, the U.S. DEFIANCE Act, and applicable state laws on non-consensual intimate imagery and AI-generated likeness.

3.3. Absolute Prohibitions - The User shall not, under any circumstance, use any technique, prompt, model, or asset taught or distributed by the Product to create, generate, request, host, publish, share, sell, or otherwise disseminate content that:

• Depicts, sexualizes, or otherwise involves any minor (any person under 18 years of age), whether real or fictional; this includes any content that is, or could reasonably be interpreted as, child sexual abuse material (CSAM).
• Reproduces the likeness, face, body, or recognizable features of any real, identifiable person (living or deceased, public figure or private individual) without that person’s explicit, informed, written, and verifiable consent - including, without limitation, non-consensual intimate imagery (NCII) and so-called “deepfakes.”
• Is defamatory, harassing, threatening, discriminatory, or incites hatred or violence against any person or group.
• Infringes third-party intellectual property, trademarks, image rights, privacy rights, or publicity rights.
• Is intended to deceive, defraud, impersonate, or otherwise mislead any third party (including but not limited to political disinformation, election interference, or synthetic evidence).
• Violates any applicable law, regulation, or platform policy of the platform on which it is distributed.

3.4. Original Fictional Characters Only - The Product and its reference assets are designed for use with original, fictional, AI-generated characters. The User agrees to use only AI-generated or otherwise rights-cleared reference images and not to introduce photographs or likenesses of real persons without the consent required by Article 3.3.

3.5. Consequences of Violation - Any violation of this Article results in immediate termination of the User’s license and account access without refund, and may be reported to the competent authorities. The Seller reserves the right to cooperate fully with any lawful investigation.

Article 4 - Notice-and-Takedown / Abuse Reporting

4.1. Reporting Contact - Any person who believes that content produced by a User of the Product, or hosted on the Seller’s own platforms, violates Article 3 or infringes their rights may send a written notice to contact@nowaythisisai.com.

4.2. Required Information - A valid notice must include (a) the complainant’s full identity and contact details, (b) a precise description of the disputed content and a link or location, (c) a statement of the legal basis for the complaint, and (d) a declaration made in good faith that the complaint is accurate.

4.3. Response Time - The Seller will acknowledge receipt within two (2) business days and, for content hosted by the Seller, will act on manifestly illegal content (in particular CSAM or non-consensual intimate imagery) without undue delay and in any event within forty-eight (48) hours of receiving a valid notice.

4.4. Content Generated by Users Off-Platform - Where disputed content is hosted by a third party, the Seller will forward the notice to the relevant User (where identifiable) and cooperate with law enforcement when legally required, but cannot itself remove content hosted outside its control.

Article 5 - Limitation of Liability and Indemnification

5.1. Obligation of Means - The Seller provides educational content but does not guarantee specific results. Success depends on variables outside the Seller’s control (User skill, hardware, third-party software, etc.).

5.2. Disclaimer - The Seller is not liable for the User’s results, the legality or quality of their content, damages tied to third-party software, or any claims brought against the User for their creations.

5.3. Indemnification - The User agrees to indemnify, defend, and hold the Seller harmless from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from (a) the User’s breach of these ToS, including any breach of Article 3, or (b) the User’s use of the Product or its outputs.

5.4. No Professional Advice - The Product does not constitute legal, medical, or software-support advice. The User must seek professional assistance independently if needed.

Article 6 - Price and Payment

The Product is offered at the price displayed on the purchase page at the moment of checkout (promotional pricing may apply). Payment is due in a single installment, and access is granted after payment validation by the payment processor.

Article 7 - Right of Withdrawal and “Guided Success” Guarantee

7.1. Digital Content - In accordance with Article L.221-28 of the French Consumer Code, the User expressly acknowledges that the Product is digital content supplied on a non-material medium and that performance begins immediately upon payment confirmation. The User therefore expressly waives their right of withdrawal once access to the Product has been granted.

7.2. 30-Day Conditional Commercial Guarantee - Notwithstanding Article 7.1, the User may contact the Seller within 30 days of purchase and provide proof of purchase, a statement confirming all modules were watched, at least 15 generated images with prompts and parameters, and a detailed description of the issue. The Seller may offer a single 30-minute 1:1 troubleshooting session. A refund may be issued solely at the Seller’s discretion if a verifiable flaw in the method is identified.

7.3. Guarantee Exclusion - The guarantee does not apply in cases of change of mind, non-use of the Product, refusal to participate in the troubleshooting session, violation of Article 3 (Acceptable Use), or abusive/bad-faith claims.

Article 8 - Data Protection

The Seller complies with the General Data Protection Regulation (GDPR) regarding personal data (name, email, purchase history). Data is processed solely for order processing, customer relations, legal obligations, and, subject to separate consent, marketing communications. Full details are set out in the Privacy Policy.

Article 9 - Governing Law and Jurisdiction

These ToS are governed by French law. In the absence of an amicable resolution, exclusive jurisdiction lies with the competent courts of Paris, France, regardless of the User’s country of residence, to the fullest extent permitted by applicable consumer-protection law.

Article 10 - Severability and Entire Agreement

If any provision of these ToS is held invalid or unenforceable, the remaining provisions retain full force and effect. These ToS (together with the Privacy Policy) constitute the entire agreement between the Seller and the User and supersede all prior communications or agreements, whether oral or written.