Last updated: 07/12/2023

Terms and Conditions of Use and Sale

1. Purpose and acceptance of the terms of sale

The present general terms of sale aim to define the terms according to which the SAS 'Wintopy' (hereafter 'the seller') provides access to its artificial intelligence image generation site '' (hereafter 'the site' or 'the service') and markets the generation of images by artificial intelligence to all interested persons (hereafter 'the buyer' or 'the customer' or 'the subscriber' or 'the user').

The use of the site implies the user's unconditional acceptance of these terms and conditions of sale. These terms and conditions constitute a legally binding agreement.

Wintopy is registered in France, and its registered office is at 8 rue des croisés, 17340 Chatelaillon Plage, France. By accessing the site, you acknowledge that you have read, understood, and agreed to be bound by all of these terms and conditions. If you do not agree with all of these terms and conditions, you are expressly prohibited from using the site and must cease use immediately.

We reserve the right, at our sole discretion, to make changes or modifications to these terms and conditions at any time. Any change is indicated by the 'last updated' date of these terms and conditions. The modifications of these T&Cs are notified by email to subscribers and applicable to them within the time limits provided by the current law. Please ensure to check the applicable conditions with each new subscription to be aware of them.

The site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the site.

By using our service, you also agree to the terms of Replicate and the online billing service Stripe.

2. Site Usage and Access Conditions

The user is authorized to use the site to generate images using the artificial intelligence techniques provided by the seller. The user must submit a reference image that will allow the creation of the image generated by artificial intelligence, which will be made available as a downloadable file. The buyer commits to respect the format indicated on the site and to transmit a quality image that can be exploited.

The seller is in no way bound or responsible for the use, distribution, or sale of the images generated by the site. The buyer is responsible for verifying the legality of the use of the images.

Access to the site is done online, after creating an account and through the online payment of photos. Users can purchase photos on an ad-hoc basis or subscribe to a monthly subscription that entitles them to a certain number of photos. Wintopy reserves the right to refuse access to the site to any user presenting abnormal or fraudulent characteristics. Upon registration, the user agrees to keep a confidential password and is responsible for all use of their account and password.

By using the site, the user declares and guarantees that: (1) all registration information submitted will be true, accurate, current, and complete; (2) Registration information is promptly updated as necessary; (3) they have the legal capacity and agrees to comply with these general conditions; (4) they are of legal age in the jurisdiction in which they reside; (5) they do not access the site by automated or non-human means, whether through a robot, script, or otherwise; (6) they do not use the site for illegal or unauthorized purposes; and (7) their use of the site will not violate any applicable law or regulation.

By subscribing to our services, the user acknowledges that the subscription is intended for individual use, even if it is used for commercial purposes, especially by an agent or representative. It is imperative that the subscriber is the only one to benefit from the advantages offered by this subscription and commits not to share or distribute it within a real estate agency without prior authorization. For any need for collective subscriptions or specific rates for an agency, please contact us to discuss the available options.

In case of non-compliance with the preceding conditions, Wintopy reserves the right to suspend or terminate the account and refuse any current or future use of the site.

3. Pricing and Payment Terms

The price of photos is indicated on the site and is expressed in euros, excluding taxes. Payment is made online via credit card or any other payment method offered by Wintopy. Wintopy reserves the right to change its prices at any time, but the price applied to an order will be the one in effect at the time of the photo purchase.

In the event of a change in subscription rates, existing subscribers will be notified of the pricing change by email, and the price will remain unchanged for a period of 6 months. After this period, and without explicit and written contestation from the subscriber, the new rate will apply.

The buyer agrees to provide current, complete, and accurate purchase and account information for all purchases made via the site. They further agree to promptly update account and payment information, including email address, payment method, and card expiration date, so that transactions can be completed and they can be contacted as needed. Billing for purchases made on the site is done via the online billing service 'Stripe'. As previously stated, the price indicated on the site does not include any applicable taxes according to the country or location from which the purchase is made. Sales tax will be added to the final price.

If the purchase is subject to recurring fees, the buyer consents to Wintopy charging and engaging in recurring payments without requiring their prior approval for each recurring charge, until the buyer informs of their termination.

4. Subscription Termination

The recurring purchase of photos is offered on the site as a tacitly renewable non-binding subscription. New photos are made available to the client for a duration of one month. Photos purchased as part of the subscription only are not cumulative from one month to the next and reset with each monthly payment. The debit and reloading of photos take place every month from the date of subscription. Any client can terminate their subscription at any time and without condition from their client space. Their subscription will then end, and their subscription photos will be reset to 0.

5. Quality of Generated Images

Wintopy cannot guarantee the quality of the images generated by the site, particularly in terms of color, sharpness, and clarity of certain elements of the image, resolution, or overall rendering. The user acknowledges that the use of artificial intelligence does not guarantee a result similar to a photo. Artificial intelligence can sometimes misinterpret the reference photo and produce an inconsistent result. Several attempts may be necessary to obtain a satisfactory outcome.

6. Cancellation and Refund

Any purchase of a 'credit pack' already made cannot be subject to any cancellation and refund, particularly because trials may be possible upon request. However, a claim can be sent by email to the address communicated on the site and at the end of these general terms and conditions of sale, by explaining the motivations of the request and attaching the images subject to the request as appropriate. However, Wintopy reserves the right not to proceed with a request for cancellation and refund without having to provide justification or response.

7. Contributions

The user agrees that personal information and data may be stored, processed, and used in accordance with the terms of the privacy policy. By submitting suggestions or other feedback regarding the site, the user agrees that such information may be used and shared for all purposes without compensation.

8. Liability

The seller cannot be held liable for any direct or indirect damage caused by the use of the site or the images generated by it. The user is solely responsible for their use of the site and the images generated by it.

The user agrees not to use the site for purposes other than those for which it is made available.

The user undertakes not to:

  • - Systematically retrieve data or any other content from the site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • - Deceive, defraud, or mislead, especially any attempt to learn sensitive account information such as users' passwords.
  • - Circumvent, disable, or interfere with features related to the security of the site, including features that prevent or restrict the use or copying of any content or impose limitations on the use of the site and/or the content contained therein.
  • - Remove the logo from photos of which they are not the owner
  • - Denigrate, tarnish, or harm the site
  • - Use any information obtained from the site to harass, abuse, or harm another person.
  • - Abuse support services or submit false reports of abuse or misconduct.
  • - Use the site in a manner inconsistent with applicable laws or regulations.
  • - Engage in unauthorized framing or linking to the site.
  • - Download or transmit (or attempt to download or transmit) viruses, Trojans, or other elements that interfere with the uninterrupted use and enjoyment of the site by any party or modify, alter, disrupt, alter, or interfere with the use, features, functions, operation, or maintenance of the site.
  • - Engage in any automated use of the system, such as using scripts, robots, or similar data collection and extraction tools.
  • - Attempt to impersonate another user or person or use the username of another user.
  • - Interfere with, disrupt, or create an undue burden on the site or the networks or services connected to the site.
  • - Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the site to you.
  • - Attempt to bypass any measures of the site designed to prevent or restrict access to the site, or any portion of the site.
  • - Use the site to compete with IACrea.
  • - Sell or otherwise transfer your profile.

9. Duration and Termination of Access

Wintopy, at its sole discretion and without notice or liability, may refuse access and use of the site (including blocking certain IP addresses) to anyone for any reason or no reason, including but not limited to any breach of any representation, warranty, or covenant contained in these terms and conditions or of any applicable law or regulation. If so, the banned user is prohibited from registering and creating a new account under a name, a false name, or the name of a third party, even on behalf of the third party. In addition to terminating or suspending the account, Wintopy may take legal action.

10. Intellectual Property

The Service may generate an output based on the content you provide to the Service ("Output"). We assign to you all our rights in the Output, including the use of the Output for commercial purposes such as selling or publishing.

We may use the content or the output to provide and maintain the Service, share it with third parties, comply with applicable law, and enforce our policies.

You are responsible for both the content and the output, including ensuring that they do not violate applicable law or these Terms.

Due to the nature of machine learning, users who provide similar content may cause the Service to generate the same or similar output for you or a third party. Even if it's the same output, outputs requested by other users are not considered your "Output".

Wintopy has the right, but not the obligation, to monitor, modify, and share with its third-party services any content provided and created by users using the Service.

The site and all the source codes, databases, features, software, website designs, audio, video, text, photographs, and graphics on the site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are the exclusive property of Wintopy.

Wintopy owns the intellectual property rights or holds the rights to use all the elements accessible on the site, including texts, images, graphics, logo, icons, sounds, software.

Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited, except with prior written authorization from Wintopy.

Any unauthorized exploitation of the site or any of its elements will be considered as constituting an infringement and prosecuted in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.

11. Personal Data

By using the site, users agree to be bound by our privacy policy published on the site, which is incorporated into these general conditions. In France, personal data is notably protected by Law No. 78-87 of January 6, 1978, Law No. 2004-801 of August 6, 2004, Article L. 226-13 of the Penal Code, and the European Directive of October 24, 1995. In the course of using the site and its subdomains, the following may be collected: the URL of the links through which the user accessed the site and its subdomains, the user's Internet Protocol (IP) address, data on the use and consumption of the site. In any case, personal information relating to the user is only collected for the need of certain services offered by the site. No personal information of the user of the site and its subdomains is published without the user's knowledge, exchanged, transferred, assigned, or sold on any medium to third parties. In accordance with the provisions of Articles 38 et seq. of Law 78-17 of January 6, 1978, relating to information technology, files and freedoms, every user has the right to access, rectify and oppose personal data concerning them, by making their request in writing and signed, accompanied by a copy of the identity document with the signature of the document holder, specifying the address to which the response should be sent. Databases are protected by the provisions of the law of July 1, 1998, transposing Directive 96/9 of March 11, 1996, on the legal protection of databases.

12. Site Management

The seller reserves the right, but not the obligation, to: (1) monitor the site for any violations of these general conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these general conditions, including, but not limited to, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of the contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the site in a manner designed to protect our rights and property and to facilitate the proper functioning of the site.

13. Modifications and Interruptions of the Site

Wintopy reserves the right to change, modify, or remove the content of the site at any time or for any reason at its sole discretion without notice. It also reserves the right to modify or interrupt the site in part or in its entirety without notice and at any time. It cannot be held liable to the user or any third party for any modification, price change, suspension, or interruption of the site. Wintopy does not guarantee that the site will be available at all times. It may experience hardware, software, or other problems or may need to perform maintenance related to the site, resulting in interruptions, delays, or errors. It reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the site at any time or for any reason without notice. The user agrees that Wintopy has no liability for any loss, damage, or inconvenience caused by the user's inability to access or use the site during any downtime or discontinuance of the site.

14. Websites, Third-Party Content, and Advertisers

The site may contain links to other websites ("third-party websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such third-party websites and third-party content are not checked, monitored, or verified for accuracy, appropriateness, completeness, reliability, privacy practices, and Wintopy is not responsible for any third-party websites accessed through the site or any third-party content posted on, available through, or installed from the site. Including, linking to, or permitting the use or installation of any third-party websites or any third-party content does not imply endorsement or approval by Wintopy. The user should be aware that these general conditions no longer apply, and they should review the applicable terms and policies, including privacy and data gathering practices, of any website to which they navigate from the site or relating to any applications they use or install from the site. Any purchases made through third-party websites will be through other websites and from other companies, and Wintopy assumes no responsibility whatsoever for such purchases or any harm caused by the purchase of such products or services. Advertisers may contract with Wintopy to display advertisements and other information in certain areas of the site, such as sidebar advertisements or banner advertisements. The advertiser assumes full responsibility for all advertisements placed on the site and any services provided or products sold through such advertisements. Furthermore, as an advertiser, you warrant and represent that you have all the rights and authority to place advertisements on the site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. Wintopy simply provides the space to place such advertisements and has no other relationship with the advertisers.

15. Applicable Law

These conditions are governed by and interpreted according to French laws. If the habitual residence of the buyer is in the EU, they additionally enjoy the protection provided by the mandatory provisions of the law of their country of residence. The information provided on the site is not intended to be distributed or used by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the site from other locations do so on their initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

16. Communication

By creating an account on our service, you consent to receive our newsletter. However, you retain the option to refuse to receive some or all of these communications from us by using the unsubscribe link in the email, or by contacting us.

17. Contact

For any claims or to receive more information regarding the use of the site, contact us at: Wintopy 8 rue des croisés, 17340 Chatelaillon Plage, France.