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Terms of Use & Sale

Last updated: 11/12/2025

#1 Purpose and Acceptance

These Terms of Use (the "Terms") govern the use of the Incarna platform (the "Service"), published by Incarna (the "Publisher").

Access to and use of the Service imply the User's full, unconditional acceptance of these Terms. By creating an account, purchasing credits, or generating content, the User acknowledges having read, understood, and accepted these terms. The Publisher reserves the right to ban without notice any User who violates these rules.

#2 Content Policy and AI Responsibility

Incarna is a technical tool that interfaces with generative AI models. The User is solely responsible for the prompts, reference images (inputs), and generated images (outputs).

2.1. Strict Prohibitions (Zero Tolerance)

It is strictly forbidden to use the Service to generate, upload, or share:

  • Any content that is pornographic, CSAM, or sexually explicit.
  • Any content depicting realistic violence, blood, mutilation, or torture.
  • Any content inciting hatred, racism, antisemitism, homophobia, or discrimination.
  • Any illegal, defamatory, or harassing content.
  • Deepfakes: Any image depicting a real person, living or deceased, without explicit consent, or intended to mislead the public (fake news).
  • Any content violating copyright or third-party intellectual property.

2.2. User Warranty (Indemnification)

The User indemnifies the Publisher against any complaint, claim, legal action, or judgment (including attorney fees) resulting from the User's use of the Service, especially in case of violation of third-party rights or public order. In plain words:if Incarna is sued because of your images, you assume full financial and legal responsibility.

#3 Intellectual Property

3.1. On Generations: Subject to compliance with these Terms, the Publisher grants the User the commercial exploitation rights on generated images, within the limits of applicable copyright laws for AI-generated works (a legally uncertain area). The Publisher does not guarantee that generated images are free of rights or copyrightable.

3.2. License granted to Incarna: By using the Service, the User grants the Publisher a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and modify the generated content solely to provide the Service and, unless in "Private" mode, to improve AI models.

#4 Credits, Payments, and Withdrawal

4.1. Nature of Credits: Credits are an internal virtual currency with no monetary value outside the Service. They are non-refundable, non-exchangeable, and non-transferable.

4.2. Waiver of withdrawal right: Under article L.221-28 of the French Consumer Code, the supply of digital content (credits) not provided on a physical medium, whose execution has begun after the consumer's express prior agreement and express waiver of the withdrawal right, is not eligible for a refund. The purchase of credits or subscriptions is final.

#5 Limitation of Liability (Disclaimer)

The Service is provided "as is". The Publisher does not guarantee:

  • Continuous and error-free availability of the Service.
  • The quality, accuracy, or relevance of AI-generated images.
  • That generated images meet the User's expectations.

In no event shall the Publisher's liability exceed the amount paid by the User in the past 3 months. The Publisher is not responsible for data loss, loss of profits, or indirect damages.

#6 Personal Data

Data collected (email, history) are necessary for the Service. They are processed in accordance with GDPR. Payments are secured by Stripe; Incarna does not store any full card data.

For legal questions or reporting illegal content: contact@incarna.studio