Terms of Service

1. Service Provider

Smasher Studio is operated by Moïse Dicko, Entrepreneur individuel (Micro-entreprise). Full entity identification, SIRET, and contact details are available on our Mentions Légales page.

2. Agreement to Terms

By accessing or using Smasher Studio ("the Service"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use the Service.

Smasher Studio is an AI-powered platform that helps fashion brands and creators generate product photos, videos, and campaign visuals.

3. Account Terms

• You must be at least 18 years old to use this Service.
• You must provide accurate and complete registration information.
• You are responsible for maintaining the security of your account and password.
• You are responsible for all activities that occur under your account.
• One person or legal entity may not maintain more than one free account.

4. Acceptable Use

You agree not to use the Service to:

• Generate content that is illegal, harmful, threatening, abusive, or discriminatory.
• Create deepfakes or misleading content designed to deceive.
• Infringe on any third party's intellectual property rights.
• Generate content depicting minors in any inappropriate context.
• Attempt to reverse engineer or extract the AI models.
• Use automated systems to access the Service without permission.
• Resell or redistribute generated content as AI generation services.

5. Credits, Payment & Refunds

• Free accounts receive 50 credits upon registration.
• Paid subscriptions provide monthly credit allocations as described on our pricing page.
• One-time credit top-up packs ($5, $20, $50, $100) are available for subscribers and never expire.
• Unused subscription credits are available until the end of the current billing cycle. Credits do not roll over to subsequent billing periods.
• Upon subscription cancellation, remaining credits are available until the end of the current billing period.
• We reserve the right to modify pricing with 30 days notice.

Refund Policy: Credits that have been used for AI generation (images, videos, tech packs) are non-refundable, as the underlying AI processing costs are incurred immediately upon use. Unused credits from top-up packs may be refunded within 14 days of purchase. Subscription refunds follow the cooling-off rules in Section 6.

Nature of Credits — Not Electronic Money: Credits purchased on Smasher Studio are prepaid service tokens that grant access to AI generation capabilities on the platform. Credits are not electronic money within the meaning of Directive 2009/110/EC of the European Parliament and of the Council (the “E-Money Directive”), nor within the meaning of the French Code monétaire et financier. Specifically:

• Credits have no monetary value outside this platform and cannot be redeemed for cash.
• Credits are non-transferable between users — no peer-to-peer transfer, gifting, or secondary market is available.
• Credits cannot be used to make payments to third parties.
• Credits are consumed upon use — once applied to an AI generation request, the underlying processing cost is incurred immediately and irreversibly. Credits represent a prepaid right to consume specific AI processing services, not a stored monetary value.
• Refunds of used credits are not available; only unused credits may be refunded in accordance with Section 6.

Legal basis: The issuance of credits does not constitute an activity requiring authorization as an electronic money institution under Article L521-2 of the French Code monétaire et financier. Credits fall within the limited network exemption under Article 3(k) of Directive 2009/110/EC (see also Recital 6 of the E-Money Directive), transposed into French law at Article L521-3 of the Code monétaire et financier, as they are usable only within the Smasher Studio platform for a limited range of digital services (AI-powered image, video, and technical document generation).

6. Right of Withdrawal (14-Day Cooling-Off Period)

In accordance with the French Code de la consommation (Articles L221-18 to L221-28), if you are a consumer in the European Economic Area, you have the right to withdraw from your purchase within 14 days without giving any reason.

Digital Content Exception: By purchasing credits and initiating AI generation, you expressly consent to immediate performance of the service and acknowledge that you lose your right of withdrawal once credits are consumed for generation. This consent is recorded at the time of purchase.

How to Exercise: To exercise your right of withdrawal for unused credits or subscriptions, contact us at atenkai@smasher.studio within 14 days of purchase. We will process your refund within 14 days of receiving your withdrawal request.

7. Intellectual Property

Your Content: You retain ownership of any images, product photos, or other content you upload to the Service. By uploading content, you grant us a license to process it for the purpose of providing the Service.

Generated Content: Subject to these Terms and your subscription plan, you own the rights to content generated using the Service for commercial use. Free tier users receive rights for personal, non-commercial use only.

Our Content: The Service, including its design, features, and underlying technology, remains our property and is protected by intellectual property laws.

7a. AI-Generated Content & Copyright

Nature of AI Outputs: Content generated by our AI tools (images, videos, tech packs) is produced by artificial intelligence models. AI-generated outputs are tools for your creative process. Human modifications, curation, and creative direction applied to AI outputs may create copyrightable derivative works under applicable law.

No Platform Ownership Claim: Smasher Studio does not claim ownership of AI-generated content created through your use of the Service. You are free to use, modify, and commercialize outputs in accordance with your subscription tier.

No Training on Your Data: Your uploaded content and generated outputs are not used to train our AI models or the underlying third-party models (third-party AI providers for text orchestration, image generation, and video generation — see our Sub-Processor List for current providers). See our Privacy Policy for details.

EU AI Act Compliance: We are committed to compliance with the EU AI Act (Regulation 2024/1689). AI-generated content produced through our platform may be subject to transparency requirements under Article 50. We are evaluating content provenance measures, including C2PA (Coalition for Content Provenance and Authenticity) metadata, which may be implemented in a future release to help identify AI-generated content.

Content Provenance & Watermarking: We may in the future embed invisible digital watermarks and provenance metadata (such as C2PA manifests) in AI-generated content to support content authenticity and regulatory compliance. Such measures, when implemented, would help verify the origin and nature of generated content.

Current Status: Currently, only Google Gemini-generated content includes automated SynthID watermarks. C2PA manifest signing is planned for a future release.

8. Disclaimers

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT:

• The Service will meet your specific requirements.
• The Service will be uninterrupted, timely, or error-free.
• Generated content will be suitable for any particular purpose.
• AI-generated results will be accurate or consistent.

8a. Force Majeure

The Service may be temporarily unavailable due to circumstances beyond our reasonable control, including but not limited to: third-party AI provider outages, natural disasters, government actions, or infrastructure failures. We shall not be liable for delays or failures caused by such events.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMASHER STUDIO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE SERVICE.

Our total liability shall not exceed the amount you paid us in the twelve months preceding the claim.

For users on the Free tier, our maximum aggregate liability shall not exceed fifty euros (€50).

10. Termination

We may suspend or terminate your access to the Service at any time for material breach of these Terms or violation of our Acceptable Use Policy. Upon termination, your right to use the Service ceases immediately.

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period.

11. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of significant changes via email or through the Service. Continued use of the Service after changes constitutes acceptance of the new Terms.

12. Indemnification

You agree to indemnify, defend, and hold harmless Smasher Studio and its operator from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your use of the Service; (b) content you generate, publish, or distribute using the Service; (c) your violation of these Terms; or (d) your violation of any third-party rights, including intellectual property rights. This indemnification obligation survives termination of your account.

13. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of France. Any disputes arising from or related to the use of the Service shall be subject to the exclusive jurisdiction of the courts of Paris, France.

Consumer Mediation: In accordance with Articles L611-1 to L616-3 of the French Code de la consommation, if a complaint submitted to our support team is not resolved satisfactorily, you may refer the matter to a consumer mediator free of charge. Our designated consumer mediator is MEDICYS (www.medicys.fr). See our Mentions Légales page for full mediator contact details.

European ODR Platform: The European Commission provides an online dispute resolution (ODR) platform at ec.europa.eu/consumers/odr.

13. Contact Us

If you have questions about these Terms, please contact us at atenkai@smasher.studio. For details on cookies and tracking, see our Cookie Policy.