Terms of sale and use
Template last updated · 2026-09-18
Template document — to be completed and reviewed by the merchant before publication. This text is not legal advice and guarantees no compliance.
1. Purpose and acceptance
These terms of sale and use (the "Terms") govern access to the BuzzSmile service, available at www.buzz-smile.com and through its programming interface (the "API"), as well as the purchase and use of the tokens that allow you to launch AI-generated content (images, videos, sounds, voices, subtitles, edits — the "Generations"). BuzzSmile is published by the company named in the legal notice ("BuzzSmile", "we"). Anyone who creates an account, buys tokens or launches a Generation (the "Customer", "you") accepts without reservation the Terms in force on the day of that act. A Customer acting on behalf of a company warrants that they have the authority to bind it. The Terms prevail over any other document. If a clause is held invalid, the others remain applicable. Failing to enforce a clause does not amount to waiving it.
2. Account, minimum age and security
Using the service requires an account. You must be at least 18 years old, or the age of majority in your country, and provide accurate, up-to-date information. One person holds only one account; an account closed for breach may not be recreated. You are solely responsible for the confidentiality of your credentials and API keys and for any activity carried out from your account, including by the members you invite into your workspace. Notify us without delay of any unauthorised use. We may require you to authenticate again before any sensitive action, and we offer two-factor authentication, which we recommend you enable. Members invited into a workspace act under the responsibility of that workspace's holder, who sets their rights from the administration area.
3. Prices
The service is paid for in tokens. Tokens are bought in packs whose prices, expressed in the displayed currency and inclusive of taxes for consumers, appear on the pricing page at the time of purchase. Pack prices may change; the applicable price is the one displayed when ordering. No price protection or refund is due in the event of a later price drop. Each Generation has a cost in tokens that depends on the requested capability, model, definition, duration and options. This cost is presented to you as a quote BEFORE launch; that quote, and it alone, is debited. Any cost shown on presentation pages is indicative only: the quote alone is binding. A free plan or a monthly allowance may be offered to a workspace; their amount, frequency and withdrawal are at our sole discretion and have no monetary value.
4. Tokens: nature, validity, no refund
Tokens are a prepaid unit of account giving access to Generations. They are neither a currency, nor a payment instrument, nor an investment: they have no value outside the service, bear no interest and cannot be converted into money. Purchased tokens are valid for twelve (12) months from purchase; on expiry, unused tokens are forfeited without compensation. They belong to the workspace that bought them: they may not be transferred, assigned, resold, exchanged or given away outside the functions provided by the service. Launching a Generation immediately reserves the quoted amount. If the Generation succeeds, that amount is debited, up to the quote. If it fails through our fault or a provider's, the reserved tokens are released and remain available: you do not pay for what was not produced. However, a Generation that has succeeded is never refunded, even if the result does not meet your expectations: AI creation is inherently variable, and the quote pays for the execution, not for satisfaction with the result. Gifted tokens (welcome bonus, allowance, goodwill gesture) are a revocable gift: they confer no right, may be time-limited or withdrawn in case of abuse, and are never refundable.
5. Ordering
A pack is bought online: choose the pack, check the summary, accept the Terms, pay. The order becomes firm once the payment is confirmed by our provider; the tokens are then credited to your workspace's purse and a receipt is sent to you. We may refuse or cancel an order in case of suspected fraud, a previous unpaid amount, a breach of the Terms or an obvious pricing error; any sums collected are then returned. Launching a Generation is a separate order, immediate and irrevocable once you confirm it, priced at the displayed quote.
6. Payment
Payment is made by bank card or by the means offered on screen, through an authorised payment service provider. Your card details are entered with that provider and never pass through our servers. Payment is due in full at the time of ordering. If a payment fails or is disputed (rejection, stop order, chargeback), the corresponding tokens are withdrawn, running Generations may be stopped and access to the service may be suspended until the situation is regularised. Any amount owed in bad faith may be recovered, costs included. Prices are stated in the displayed currency. Any exchange or bank fees applied by your institution remain your responsibility.
7. Delivery of Generations and retention
Generations are delivered in your workspace, online, as soon as they are completed, and can be downloaded. Stated timings are estimates: a Generation depends on third-party AI providers and queues that we do not control. Your imported media and your Generations are kept as long as your account is active. A media item placed in the trash is purged after the period shown in your workspace. When the account is closed, or after a prolonged period of inactivity of which we warn you, your content may be permanently deleted. The service is not an archive: keep your own copies. You remain responsible for checking each Generation before distributing it: AI-produced content may contain errors or implausibilities, or resemble other content.
8. Right of withdrawal
If you are a consumer, you have fourteen (14) days from the purchase of a pack to withdraw, without giving reasons, by writing to us at the address given in the legal notice. Tokens are digital content supplied without a tangible medium and executed immediately: by purchasing, you expressly request that supply begin at once and acknowledge that you lose your right of withdrawal for the share of tokens already consumed. A withdrawal exercised within the period gives rise to a refund of the unconsumed tokens only, pro rata to the price paid, within fourteen (14) days of the request, by the payment means used. No withdrawal is possible on a Generation that has been launched: the service is fully performed from launch, with your express agreement. Professionals do not benefit from the right of withdrawal.
9. Prohibited uses, consent of persons, moderation
You undertake to use the service only in compliance with the law, third-party rights and these Terms. The following in particular are prohibited: creating or distributing content that is unlawful, sexual involving minors, sexually explicit without consent, violent or hateful, or that incites hatred, harassment or discrimination; impersonation and the misleading depiction of a real person ("deepfake") without their written consent; cloning a voice or using a person's face without their free, informed and provable consent, which you undertake to keep and to produce on request; disinformation, fraud, counterfeiting; infringement of copyright, trademarks and privacy; medical, legal or financial content presented as professional advice; distributing malware; any attempt to circumvent security measures, overload the service, automate accounts or resell the service without agreement. You warrant that you hold all necessary rights to the content you import (images, videos, voices, texts) and over the people appearing in it. We may, at any time and without notice, refuse, filter, remove or report content or a request, suspend a Generation or an account, and cooperate with the authorities, without this obliging us to systematic monitoring. AI providers also apply their own usage policies: a request they refuse is not charged. Any content report may be sent to us at the contact address in the legal notice.
10. Intellectual property
The service, its brand, interfaces, software, presentation templates and texts remain our exclusive property or that of our licensors. The Terms grant you only a personal, non-exclusive, non-transferable right of use, limited to using the service. You keep your rights in the content you import. To the extent permitted by law, you own the Generations produced from your requests and may exploit them, including commercially, under your own responsibility. You acknowledge that AI-produced content may not be protectable by copyright, may not be unique, and that similar content may be produced for other users from similar requests. You grant us, for as long as your content is kept, a non-exclusive, worldwide, royalty-free licence to host, reproduce, technically adapt, transmit to our providers and display it, for the sole purpose of providing the service, keeping it secure and meeting our legal obligations. We do not use your content to train AI models. Our providers process your requests under their own terms, which we choose for their commitment not to keep your data beyond processing where that option exists.
11. Service availability, third-party providers, no warranty
We use our best efforts to keep the service continuously accessible, but we guarantee neither uninterrupted operation, nor the absence of errors, nor any particular result. The service may be suspended for maintenance, updates, incidents, or at the decision of a provider or an authority. Generations are produced by AI models operated by third-party providers that we select and may replace at any time. A model, a format or a feature may be withdrawn or changed without notice; a quote may be refused if no provider serves the request. To the extent permitted by law, the service is provided "as is" and "as available", with no warranty other than those imposed by law. We do not warrant the accuracy, quality, lawfulness, originality or fitness of a Generation for any particular purpose. You use Generations at your sole risk.
12. Liability and indemnity
Our liability may only be incurred in case of proven fault and is limited to direct, foreseeable damage. To the extent permitted by law, it is capped, all causes combined, at the total amount you actually paid us in the twelve (12) months preceding the event giving rise to it. We are not liable for indirect damage: loss of revenue, customers, data or reputation, nor for the consequences of the use that you or third parties make of a Generation. These limitations do not apply to our wilful misconduct or gross negligence, to personal injury, or where the law prohibits them; nothing in the Terms reduces the rights the law guarantees to consumers. We are not liable for failures attributable to force majeure, to a third party (AI provider, host, network, payment provider) or to you. If you act in a professional capacity, you indemnify us against any third-party claim and any damage, costs and fees resulting from your content, your Generations, your use of the service or a breach of the Terms. If you are a consumer, you remain responsible for your use of the service and for the content you distribute.
13. Suspension, termination, closure
You may close your account at any time from your workspace or by writing to us. Closure gives no right to a refund of tokens, apart from the right of withdrawal. We may immediately suspend, without notice, all or part of access to the service in case of a serious or repeated breach of the Terms, prohibited content, fraud, non-payment, a security risk or at the request of an authority, and then terminate the account. The tokens of an account terminated for breach are forfeited; content may be kept for as long as necessary for evidence and legal obligations, then deleted. We may also end the service or part of it with thirty (30) days' notice; purchased, unconsumed tokens are then refunded to you pro rata to the price paid.
14. Changes to the Terms
We may change the Terms to reflect changes in the service, our providers, the law or our practices. The version in force is published on the site with its date. Any substantial change is brought to your attention at least fifteen (15) days before it takes effect, on the site or by email. If you refuse the new Terms, you must stop using the service before they take effect; using the service after that date amounts to acceptance. Tokens bought under an earlier version remain usable under the validity rules of section 4.
15. Governing law and language
The Terms are governed by French law, without prejudice to more favourable mandatory provisions of the country of residence of a consumer in the European Union. They are written in French; the translations offered in the service are provided for your convenience. In case of discrepancy, the French version prevails.
16. Complaints, mediation and disputes
Any complaint is first addressed to our customer service, at the address given in the legal notice; we reply within a reasonable time. In accordance with the French Consumer Code, a consumer may, after a written complaint that has not received a satisfactory answer, refer the matter free of charge to the consumer mediator named in the legal notice, or to the European online dispute resolution platform (ec.europa.eu/consumers/odr). Failing an amicable settlement, disputes with a consumer fall under the courts having jurisdiction by law; disputes with a professional fall under the exclusive jurisdiction of the courts of the publisher's registered office, even in case of multiple defendants or third-party proceedings.