Terms of Sale

Article 1 — Purpose

These Terms of Sale (hereinafter the "Terms") govern the contractual relationship between the company NEW GAME, SAS au capital de 2 €, registered with the Paris Trade and Companies Register (RCS) under number 105 490 080, whose registered office is located at 66 avenue des Champs-Élysées, 75008 Paris (hereinafter the "Publisher"), and any natural or legal person (hereinafter the "Customer") using the Maker Book platform accessible at maker-book.com.

Maker Book is an online platform that enables the creation of illustrated children's books using artificial intelligence technologies. The Customer uses the platform to generate texts and illustrations, which they may then export, print or publish.

Article 2 — Acceptance of the Terms

Any use of the Maker Book platform implies full and unreserved acceptance of these Terms. The Customer acknowledges having read them prior to any subscription. The Publisher reserves the right to modify these Terms at any time. The applicable Terms are those in force on the day of the order.

Article 3 — Services offered

The Maker Book platform offers the following services:

• AI-assisted generation of narrative texts for children's books
• AI-assisted generation of illustrations
• Automated book layout
• Export in PDF, ePub format
• Publishing via Amazon KDP (depending on the subscribed plan)
• Print on demand (depending on the subscribed plan)

Article 4 — Pricing and payment

Subscription prices are stated in euros, inclusive of all taxes, on the Pricing page of the website. The Publisher reserves the right to modify its prices at any time, with changes taking effect upon renewal of the current subscription.

Payment is made by credit card via the secure Stripe platform. The subscription is automatically renewed unless cancelled by the Customer.

Article 4 bis — Credits and AI consumption

Each subscription includes a number of monthly credits that allow the use of AI retouching and editing features (regenerating illustrations, rewriting text, etc.). The initial generation of a book (creation via the wizard) does not consume any credits.

Credits included in the subscription are reset to zero at each monthly renewal and cannot be carried over from one month to the next.

Additional credits may be purchased separately. Purchased credits are permanent, non-refundable and are not affected by a subscription cancellation.

Revision clause: The Publisher reserves the right to modify at any time the number of credits included in subscriptions, the cost in credits of operations, as well as the prices of credit packs. Users will be informed of any pricing change at least 30 days in advance by email or notification within the application. Already purchased credits are not affected by pricing changes.

Article 4 ter — Printing and delivery

The printing and delivery of books constitute services that are separate from the subscription and are billed separately. Printing prices depend on the format, the number of pages and the options chosen (hardcover, type of paper, finish).

Delivery times are indicative and depend on the printing provider and the carrier. The Publisher cannot be held liable for delivery delays attributable to third-party providers.

Article 5 — Right of withdrawal

In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for digital content supplied on an intangible medium whose performance has begun with the consumer's consent. By using the platform to generate content, the Customer acknowledges that they expressly waive their right of withdrawal.

Article 6 — Intellectual property and Customer responsibility

The Customer retains all intellectual property rights over the content they create via the platform (texts, illustrations, layouts).

In return, the Customer is solely and exclusively responsible:

• For verifying the originality of their content. The Customer undertakes to verify that the generated texts and illustrations do not reproduce works protected by copyright, registered trademarks, or licensed characters.
• For the legal compliance of their publications. The Customer guarantees that their content does not infringe any intellectual property right of third parties.
• For the consequences of publishing their works. Any claim, infringement action or dispute resulting from the publication of a book created via Maker Book is the exclusive responsibility of the Customer.
• For the use of AI-generated content. Content generated by artificial intelligence may present unintentional similarities with existing works. It is incumbent upon the Customer to carry out the necessary checks before any publication or commercialization.

Important: The Publisher cannot be held liable for unintentional similarities, resemblances or reproductions with existing works in content generated by artificial intelligence. The Customer uses these tools with full knowledge of the facts and assumes full responsibility for the verification and publication of their content.

Article 7 — License to use

The Publisher grants the Customer a non-exclusive license to use the platform for the duration of their subscription. This license is personal, non-transferable and non-assignable.

The Customer agrees not to:

• Reproduce, copy or duplicate the platform's source code
• Use the platform to generate unlawful, defamatory, pornographic or hate-inciting content
• Resell access to the platform to third parties
• Use robots or automated scripts to access the platform

Article 8 — Limitation of liability

The Publisher implements all reasonable means to ensure the proper functioning of the platform. However, the Publisher cannot be held liable:

• For temporary service interruptions for maintenance or updates
• For the artistic or narrative quality of AI-generated content
• For data losses resulting from a technical failure
• For indirect, incidental or consequential damages related to the use of the platform
• For any infringement of the intellectual property rights of third parties resulting from the generated content

In any event, the Publisher's total liability is limited to the amount of the sums actually paid by the Customer over the last 12 months.

Article 9 — Termination

The Customer may cancel their subscription at any time from their personal account. Cancellation takes effect at the end of the current subscription period. No pro rata temporis refund is made.

Once effective, cancellation suspends access to the platform's features, including viewing, editing and exporting the books in your library. The Customer retains full intellectual property rights over their content (Article 6); their books remain stored and become accessible again upon taking out a new subscription. It is the Customer's responsibility to export their books (PDF) before the end of their subscription period.

The Publisher reserves the right to suspend or terminate a Customer's access in the event of a violation of these Terms, without prejudice to any damages.

Article 10 — Personal data

The processing of personal data is governed by our Privacy Policy, accessible at maker-book.com/confidentialite.

Article 11 — Applicable law and jurisdiction

These Terms are governed by French law. In the event of a dispute, the parties shall endeavor to find an amicable solution. Failing that, the competent courts of Paris shall have sole jurisdiction.

Article 12 — Customer service

For any question relating to these Terms, the Customer may contact customer service at: cyriaque@new-game.fr.