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

• A free account receives 15 credits per month. A free account opened before this change keeps 150 credits per month until the date we announced to its holder by email, at least 30 days in advance; from its first monthly renewal after that date, it receives 15.
• A new free account receives a one-time welcome of 50 credits when it is created, in place of its first month's allowance. The welcome is given once per account and is not renewed; from its first monthly renewal, the account receives the monthly allowance above.
• Paid subscriptions provide monthly credit allocations as described on our pricing page.
• One-time credit top-up packs ($5, $20, $50, $100) are available to every account, free or paid, and never expire.
• First pack bonus: while we offer it, the first credit pack bought by an account on the free plan that has never paid us anything, the guest pack included, comes with 25 extra credits (5 photos), added after the payment, at the same price. It is given once per account and once per device, and the payment sheet says so before you pay. Bonus credits never expire, have no cash value and are not refunded: if the pack is refunded, its bonus is removed. Ending the offer never affects a bonus already received.
• Optional extra: when you pay for a $5 or $20 pack, an unticked box lets you add 25 credits (5 photos) for $2 (2 € when you pay in euros). It is part of the same purchase, included in the total shown before you pay and on your receipt, and its credits follow the rules of pack credits.
• On a paid plan, unused subscription credits roll over into the next billing period, up to 3 times your monthly allocation. Anything above that ceiling expires when the plan renews. Free accounts do not roll over: the balance is reset to the monthly allocation each month.
• Cancelling a subscription in the billing portal keeps the plan running until the end of the current billing period. On that date the subscription credits, including any that had rolled over, are removed from the balance, and only credits bought in top-up packs remain.
• We reserve the right to modify pricing with 30 days notice.

Refund Policy: Credits that have been used for AI generation (images, videos, colorway and fabric variations) 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.

Work Done for You by a Person: DXF pattern files, their revisions and their add-ons, and the artist services (still images, 360 views, catwalk clips and animations of your garment, made by a digital artist), are services carried out by a person and started at your express request (art. L221-25). Until the work is delivered you can still withdraw within 14 days, and you then pay in proportion to the work already done. Once it is delivered, the right of withdrawal is lost (art. L221-28 1°). You make this request on our own page, before payment, and what was shown to you is recorded with your order and repeated in the confirmation email. A model withdrawal form is available.

How to Exercise: Use the withdrawal form in your account. It is the online withdrawal function provided for by article L221-21 of the Code de la consommation: we acknowledge receipt in writing, without delay, and we answer within 14 days at the latest. If you cannot sign in, write to support@smasher.studio instead.

Cancelling a Subscription: Cancelling is not withdrawing. You can cancel your plan at any time from Settings, then Billing, in two clicks and with nothing to write, as article L215-1-1 requires. The cancellation takes effect at the end of the period you have already paid for, never before it, and we confirm it to you by email. What cancelling does to your credit balance is set out in Section 5.

6a. Professional Customers

This section applies when you buy for a business: a company, a sole trader or any other person acting for the purposes of a trade, business or profession, including when you use the "Buying for a company" step before payment. For professional customers, this section prevails over any other section of these Terms that says otherwise.

(a) Your warranty. By entering a business name or a VAT identification number, you warrant that you are buying for the purposes of that business, that you are authorised to act on its behalf, and that the VAT number you give is accurate, valid and belongs to that business. We check the number on the European Commission's VIES system and keep the result of that check. If the number is not valid, or if you are not in fact buying for a business, the purchase is invoiced as a sale to a non-business customer, and you bear any tax, interest or penalty that results from an inaccurate declaration.

(b) Price and payment. Prices are quoted, charged and invoiced in US dollars. Payment is due in full at the time of order, by card through our payment provider Stripe, before any credit is released or any work begins. No discount is given for early payment.

(c) Late payment. Any sum that is not paid on its due date, for example after a failed payment or a chargeback that is later found unjustified, bears late-payment interest from the day after the due date, without any reminder being needed, at three times the French legal interest rate in force, and you also owe a fixed indemnity of 40 euros for recovery costs; where our actual recovery costs are higher, we may claim the difference on proof (French Commercial Code, Articles L441-10 II and D441-5). The legal interest rate is set every six months by ministerial order: for the second half of 2026 it is 2.75% (Arrêté of 26 June 2026), which gives a late-payment rate of 8.25% a year.

(d) VAT. Smasher Studio is operated under the French VAT franchise (Article 293 B of the French General Tax Code, CGI), so no French VAT is charged. Your invoice carries the mention that applies to you: if your business is established in another EU Member State and your VAT number is valid, the service is taxed in your Member State and you account for the VAT under the reverse-charge mechanism (Council Directive 2006/112/EC, Articles 44 and 196); if your business is established outside the European Union, the service is outside the scope of French VAT (Article 259-1 CGI); if your business is established in France, the franchise mention of Article 293 B CGI applies.

(e) Invoices. We issue an invoice in the name and at the address of the business you entered, and send it to the email address of your account. For a business established in another EU Member State, the invoice is issued at the latest on the 15th day of the month following your purchase (Article 289 I 3 CGI), so it may reach you a few days after your payment; the payment receipt you get at checkout is not the invoice.

(f) No right of withdrawal. The 14-day right of withdrawal described in Section 6 is a consumer right (French Consumer Code, Article L221-18) and does not apply to purchases made for a business. This does not affect the refund of unused credits described in Section 5.

7. Intellectual Property

Your Content: You keep every right you hold in the photos, designs, logos and other material you upload. You give us a non-exclusive, free licence to store, process and transform it only to provide the Service to you.

Generated Content, the same rights on every plan: As between you and us, you may use every image and video generated for you, as a guest, on a free account, with a credit pack or on a paid plan, for any lawful purpose, commercial or not. That includes selling your garments on marketplaces, in your own shop, in advertising and on social media. Free allowances limit how many renders you can make, never the purposes you may use them for. This also applies to renders made before October 10, 2026.

You may not remove or hide the Smasher Studio mark from a free-download file; full-resolution files without the mark are delivered to paying members.

What we transfer: We claim no ownership of your renders. Content produced by artificial intelligence without a human author may not be protected by copyright. If any right in a render does arise in our favour, we assign it to you exclusively and free of charge from the moment the render is delivered. This covers the right of reproduction, the right of representation and the right of adaptation, on all media and in all formats existing at this date, worldwide, for the full legal duration of those rights.

Your responsibility: You confirm that you hold the rights needed for every photo, design, print, logo, trademark and likeness you upload or ask us to reproduce. You are responsible for how you use each render. Renders are generated automatically and we cannot check each one against third-party rights, so we do not warrant that a render is free of them; this does not limit any right the law gives you as a consumer. When you use a render to sell an item, it must show that item faithfully (cut, colour, material, condition, defects), and you must follow the rules of the marketplace where you publish it. Where the law requires you to say that an image is AI-generated, that disclosure is yours to make. Do not deliberately remove or falsify the Content Credential embedded in the file.

Rules every render follows: You need documented consent from any recognisable real person whose image you upload or ask us to reproduce. Do not upload photos of anyone under 18; a photo of a garment on its own is fine. Never present a render as a photograph or as a work made entirely by a person, and never deliberately remove or alter the Content Credential or the invisible watermark that shows a render is AI-made. We do not promise that a render is unique: another member may obtain a similar one. You indemnify us, as set out in section 12, for the material you upload.

Our Content: The Service, including its design, features and technology, remains our property.

7a. AI-Generated Content & Copyright

Nature of AI Outputs: Content generated by our AI tools (images, videos, colorway and fabric variations) is produced by artificial intelligence models. A DXF pattern, and any factory spec sheet ordered with it, is not in this category: it is cut by a human pattern maker and is governed by article 7b below. 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 as set out in section 7.

Training: We do not train models of our own on your uploaded content or your generated outputs. Some of the AI providers we use to produce your results may retain your inputs and outputs to improve their own models, under their own terms; they are listed in our Sub-Processor List. See our Privacy Policy for details.

EU AI Act Compliance: We comply with the transparency obligation of Article 50(2) of the EU AI Act (Regulation 2024/1689). Every image and every video generated through the Service is marked, in a machine-readable format, as artificially generated. The mark is a C2PA (Coalition for Content Provenance and Authenticity) manifest embedded in the file itself, carrying the IPTC digital source type “trainedAlgorithmicMedia”.

Content Provenance: The signing happens at the moment the asset is stored, before it reaches you, so the manifest travels with the file wherever you take it. The manifest is cryptographically bound to the pixels and carries a trusted timestamp, which means any later alteration of the file is detectable and the date of creation is provable. You can inspect it in any C2PA reader, including the free verification tool at contentcredentials.org/verify.

Whose signature you will see: Where one of our underlying engines has already signed its own output with a Content Credential issued by a recognised authority, we leave that signature in place rather than replacing it with ours. Doing otherwise would swap an attested credential for a self-issued one, which weakens the record instead of strengthening it. On those files the reader will name that engine as the signer. On every other file the signer is us.

What the mark does and does not say: Our own signing certificate is self-issued, so a reader will show our manifest as valid and our identity as unattested by a third-party authority. It proves that the file has not been altered since we produced it and that we produced it on the date it records. It does not prove anything about a file that carries no manifest, and re-encoding a file elsewhere strips it. Some engines additionally embed their own invisible watermark (such as SynthID); that is their mark, not ours, and it is not present on every file.

7b. DXF Pattern Files: Commissioning, Ownership and Assignment of Rights

How the pattern is made. When you order DXF pattern files, you contract with Smasher Studio alone. We accept the commission in our own name and on our own account, we classify the complexity of the garment ourselves, we set the fee, and we engage a professional pattern maker as our subcontractor to carry the work out. We do not act in your name, we do not act for the pattern maker, and we conclude no contract on your behalf with anyone.

What you supply stays yours. Your brief, your sketches, your measurements, your reference images and the generated designs you started from remain your property. Nothing in this section transfers any of them to us.

Assignment of rights in the pattern. On full payment of the fee for a pattern, and by that fact alone, Smasher Studio assigns to you, exclusively and irrevocably, the following rights in the pattern produced for you, each of which is hereby mentioned distinctly for the purposes of article L131-3 of the Code de la propriété intellectuelle:

• the right of reproduction: to reproduce the pattern, the pattern pieces and the files, in whole or in part, in any number of copies, by any process and on any medium, digital, printed, plotted, cut in fabric or embodied in a finished garment;
• the right of representation: to display, communicate, publish and make the pattern, and any garment made from it, available to the public or to any third party, by any means, including online, in print and at physical events;
• the right of adaptation: to modify, correct, grade, re-cut, rearrange, translate into any other file format or CAD system, and to create any derivative work from the pattern;
• the right of distribution: to manufacture garments from the pattern without limit of quantity, and to sell, licence, rent, lend or otherwise transfer those garments and the pattern itself.

Extent, destination, territory and duration. The assignment covers commercial and non-commercial use alike, for the purposes of designing, sampling, manufacturing, promoting, selling and reselling garments and of any other exploitation you choose. It applies worldwide. It lasts for the whole legal duration of protection of the rights concerned, including any extension of that duration.

What we undertake towards the pattern maker. The assignment above is ours to make because we commission the work as principal. We undertake to obtain from every pattern maker we engage the transfer necessary to give you the rights listed here, and to pay them ourselves. You owe the pattern maker nothing and have no contract with them.

Moral rights. Under French law an author's moral right is personal and inalienable, so it is not transferred by this section. Smasher Studio does not require you to credit it on any garment you produce, and undertakes to obtain the same from the pattern makers it engages.

Before payment. Until the fee is paid in full, no right in the pattern passes to you. A pattern order that we refund in full is an order in which no assignment ever took effect.

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 may change the free allowance or our prices for a valid reason, such as the cost of providing the Service, preventing abuse or keeping the Service sustainable. We tell you by email at least 30 days before the change applies to you, and you may close your account free of charge at any time.

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 and Courts

These Terms are governed by French law. If you are a consumer, this choice does not deprive you of the protection of the mandatory rules of the country where you habitually reside (Regulation (EC) No 593/2008, Article 6(2)).

Consumers. If you are a consumer, you may bring proceedings against us before the courts of the place where you are domiciled or before the courts of Paris, and we may bring proceedings against you only before the courts of the place where you are domiciled (Regulation (EU) No 1215/2012, Articles 17 to 19; for consumers resident in France, Article R631-3 of the French Consumer Code). No clause of these Terms limits that right.

Consumer Mediation. In accordance with Articles L611-1 to L616-3 of the French Consumer Code, 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. Mediation is optional and does not prevent you from going to court.

Professional customers established in another EU Member State. If you buy for a business established in a Member State of the European Union other than France, the courts of Paris, France, have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or your purchase (Regulation (EU) No 1215/2012, Article 25). You accept this clause when you accept these Terms at the time of your order; that acceptance is recorded electronically and is equivalent to writing (Article 25(2)).

Professional customers established outside the European Union. If you buy for a business established outside the European Union, the courts of Paris, France, have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or your purchase.

Professional customers established in France. Under French law, a clause that departs from the ordinary rules of territorial jurisdiction is valid only between parties who have all contracted as merchants (commerçants) (French Code of Civil Procedure, Article 48). Smasher Studio is operated by an individual entrepreneur in a liberal profession, who is not a merchant, so no jurisdiction clause applies between us: the competent court is the one designated by the ordinary rules of the French Code of Civil Procedure.

14. 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.