Terms and conditions of sale

Article 1 — Identity of the seller

The Chanson IA service, available at https://chanson-ia.fr, is published and operated by NET'SERVICE, a French Société par actions simplifiée (SAS) whose registered office is at 5 avenue de la Californie, 06200 Nice, France, registered under RCS Nice 848 459 400, intra-Community VAT number FR48 848 459 400.

Contact: contact@chanson-ia.fr.

Article 2 — Purpose

NET'SERVICE offers the creation of original, personalised songs generated by artificial intelligence from the information supplied by the customer: the recipient's first name, the bond between them, the occasion, a description of the person and the chosen musical style.

Each song is unique and made to measure in accordance with the customer's specifications. It is delivered as a digital file, with no physical medium.

Article 3 — Ordering process

The order takes place in two distinct stages.

• Free stage. The customer completes the creation form and then receives by email an extract of approximately 35 seconds of the composed song, together with its lyrics. This stage involves no commitment and gives rise to no payment.
• Paid stage. After listening to the extract, the customer may unlock the full song. The sale is formed only once payment has been confirmed.

The customer is therefore able to assess the service before making any financial commitment. A new composition may be requested free of charge, once per order, before payment.

Article 4 — Price and payment

The price of the full song is €9.99 inclusive of all taxes. This is a one-off payment, with no subscription and no automatic renewal.

Payment is made online by bank card through the provider Stripe Payments Europe, Ltd. NET'SERVICE has no access to any banking data, which is collected and processed directly by Stripe.

An invoice is sent to the customer electronically on simple request to contact@chanson-ia.fr.

Article 5 — Delivery

The full song is made available immediately after payment has been confirmed, for listening and download in MP3 format, from the customer's personal page. A confirmation email containing the access link is also sent.

This access link carries no expiry date. NET'SERVICE undertakes to keep the song accessible for a minimum period of three years from the date of purchase.

Article 6 — Right of withdrawal

In accordance with article L221-28 3° of the French Consumer Code, the right of withdrawal may not be exercised for contracts for the supply of goods made to the consumer's specifications or clearly personalised.

In accordance with article L221-28 13° of the same code, nor may it be exercised for the supply of digital content not supplied on a tangible medium where performance has begun with the consumer's prior express consent and express waiver of their right of withdrawal.

As the song falls within both of these cases, the customer expressly acknowledges, by confirming payment, that the song is supplied to them immediately and thereby waives their right of withdrawal. This is restated on the payment page, before any confirmation.

This absence of a right of withdrawal is offset by the free advance listening of an extract, as well as by the commercial guarantee described in article 7.

Article 7 — Commercial satisfaction guarantee

Independently of the legal guarantees, NET'SERVICE grants the customer a commercial guarantee of 14 days from payment, the detailed conditions of which are set out in our refund policy.

Article 8 — Legal guarantees

The customer benefits from the legal guarantee of conformity provided for in articles L224-25-12 et seq. of the French Consumer Code, applicable to digital content, as well as from the guarantee against hidden defects under articles 1641 et seq. of the French Civil Code.

On this basis, the customer may require the digital content to be brought into conformity and, where this is impossible or cannot be done within a reasonable time, obtain a reduction in the price or the termination of the contract. These guarantees are exercised free of charge and without prejudice to the commercial guarantee.

Article 9 — Licence of use

After payment in full, NET'SERVICE grants the customer a personal, private, worldwide and perpetual right of use over the song delivered: listening, reproduction for their own use, playing at private events, inclusion in family videos or slideshows, and sharing with those close to them.

Excluded from this licence, save with prior written agreement: the sale of the song or its provision for a fee, its distribution on commercial streaming platforms, its use in advertising or commercial communications, and any revenue-generating exploitation.

For commercial use, an extended licence may be negotiated by writing to contact@chanson-ia.fr.

Where the customer has written the lyrics themselves, those lyrics remain their property: the licence above then covers only NET'SERVICE's own contribution, namely the musical composition and production.

Article 10 — Customer obligations

The customer warrants that the information they submit infringes no third-party rights and is in no way unlawful, defamatory, insulting, discriminatory, hateful or contrary to public decency.

Where the song concerns a third party, the customer warrants that the personal details they provide are appropriate.

Where the customer supplies the lyrics themselves, they warrant that those lyrics are original and that they hold all the rights required to have them set to music. In particular, they undertake not to submit all or part of the lyrics of a work belonging to a third party. The customer indemnifies NET'SERVICE against any claim arising from a breach of this undertaking.

NET'SERVICE reserves the right to refuse or cancel any order that breaches these rules. In such a case, the customer is refunded in full.

Article 11 — Liability

NET'SERVICE is bound by a best-efforts obligation (obligation de moyens) as regards the creative quality of the result. As the song is generated by an automated process, its exact characteristics (melody, vocal timbre, arrangement, wording of the lyrics) cannot be guaranteed in advance: this is precisely why an extract is offered free of charge before any payment.

NET'SERVICE may not be held liable for any temporary unavailability of the site attributable to maintenance, to an event of force majeure or to a failure of its technical providers.

Article 12 — Personal data

The processing operations carried out are described in the privacy policy, which forms an integral part of these terms.

Article 13 — Complaints and mediation

Any complaint must be sent to contact@chanson-ia.fr. We undertake to reply within 48 working hours.

In accordance with article L612-1 of the French Consumer Code, the customer may have free recourse to a consumer ombudsman (médiateur de la consommation) with a view to the amicable resolution of the dispute, after first having approached NET'SERVICE directly.

The European Commission also provides an online dispute resolution platform: ec.europa.eu/consumers/odr.

Article 14 — Governing law

These terms are governed by French law. In the event of a dispute, and failing an amicable settlement, the French courts shall have jurisdiction. The consumer may bring proceedings either before the courts of the place where they were resident when the contract was concluded, or before those of the place where the harm occurred. This English version is a courtesy translation: the French text is the reference version and the contract remains governed by French law.