1. Company and Service Overview

RBINNO, a simplified joint-stock company with a capital of €1,000, registered with the Lille Métropole Trade and Companies Register under number 993 191 386, with its registered office located at 3 Avenue François Mitterrand, 59290 Wasquehal, France (hereinafter "RBINNO" or "the Company"), operates the online platform accessible at www.sublimify.net (hereinafter "Sublimify" or "the Platform").

RBINNO markets its services under the brand "Sublimify".

Sublimify is an online service for retouching and enhancing food photos using artificial intelligence (adjusting lighting, colors, shading, background, framing, etc.).

These Terms and Conditions of Use and Sale (hereinafter "TCUS") aim to define the conditions for accessing and using the Platform, as well as the terms of sale of the services offered by Sublimify, to both professionals and individuals.

The publication director and data processing officer is Thomas BRICE.

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2. Acceptance of the TCUS

Creating an account, using the Platform, and placing an order (purchase of credits or subscription) implies full, unconditional acceptance of these TCUS.

The User declares that they have read the TCUS before any registration or purchase and accepts them by checking the box provided for this purpose during account creation or order confirmation.

Sublimify reserves the right to modify the TCUS at any time. The version in effect is the one accessible on the Platform on the day of use of the Service. In the event of a substantial modification, Sublimify may inform Users by any appropriate means (email, notification on the site, etc.).

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3. Definitions

For the purposes of these Terms, the following terms shall have the following meanings:

• "User": any natural or legal person, professional or consumer, who creates an account on the Platform and/or uses the Service.

• "Account": the User's personal space, accessible via a username and password, allowing them to use the Platform.

• "Credit": a unit of consumption allowing a photo to be processed via the Service. Each processed and downloaded photo consumes 1 credit.

• "Subscription": a recurring paid plan granting access to a certain number of credits over a defined period (monthly, annually, etc.).

• "Content": any photo or image uploaded by the User on the Platform to be processed by Sublimify.

• "Result": a retouched image generated by the Platform from a User's Content.

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4. Registration and Access to the Service

4.1. Account Creation

Access to the Service requires prior creation of an Account. The User must provide at least a valid email address and create a password.

Account creation is reserved for legally capable adults. Legal entities must be represented by an authorized person.

The User agrees to provide accurate, complete, and up-to-date information and to update it as necessary.

4.2. Identifiers and Security

The User is solely responsible for the confidentiality of their identifiers (email and password) and for any activity carried out from their Account. They agree to immediately notify Sublimify of any unauthorized use of their Account.

4.3. Service Availability

Sublimify strives to make the Platform accessible 24/7, subject to maintenance operations, updates, service improvements, or force majeure events.

Sublimify reserves the right to temporarily suspend or interrupt all or part of access to the Platform at any time (maintenance, update, abuse, security issues, etc.), without notice or compensation, to the extent permitted by law.

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5. Service Description – Free Trial

5.1. Main Features

Sublimify provides a tool for retouching food photos using artificial intelligence, notably by improving lighting, colors, background, angle, and framing.

5.2. Free Trial

When creating their Account, each new User benefits from a free trial of 3 photos. Each photo processed and downloaded during this free trial consumes one free credit.

At the end of these 3 free retouches, the User must:

• either purchase one-time credits,

• or subscribe to a Subscription,

in order to continue using the Service.

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6. Subscriptions, Credits, and Payments

6.1. Credits

Each retouched and downloaded photo consumes 1 credit.

Purchased credits are credited to the User's Account after payment validation.

Credits:

• are personal and non-transferable,

• are non-refundable, except as required by law,

• might have a validity period (mentioned at the time of purchase).

6.2. Subscriptions

Subscription plans (monthly, annual, or other periodicity) may be offered, granting access to a certain number of credits per period. Detailed conditions (credit volume, price, duration, renewal, etc.) are indicated in the interface at the time of subscription.

Unless otherwise stated, Subscriptions are tacitly renewed: they automatically renew for successive periods of the same duration, at the rate in effect on the day of renewal, as long as they are not canceled by the User.

The User can cancel their Subscription at any time from the interface or via support, provided they make the request before the next billing date.

Cancellation takes effect at the end of the current period. No prorated refund is due, except as required by law.

6.3. Payment via Stripe

Payments (credit purchases, Subscriptions) are made by credit card via the secure payment provider Stripe.

By using the Platform, the User agrees to:

• the general conditions of Stripe, available on its site,

• that Stripe processes their payment data (card number, expiration date, etc.).

Sublimify does not store the User's complete credit card data: this data is collected and processed directly by Stripe, in compliance with applicable security standards (notably PCI-DSS).

Sublimify only retains the necessary billing information (name, first name, address, email, transaction details).

6.4. Payment Default

In the event of payment refusal, non-payment, or abusive dispute, Sublimify reserves the right to:

• suspend access to the Account and/or the Service,

• cancel the order,

• request payment of any amount due, without prejudice to other actions.

6.5. Right of Withdrawal (Consumers)

When the User is a consumer as defined by the Consumer Code and subscribes to a Subscription remotely, they generally benefit from a withdrawal period of 14 days from the subscription.

However, regarding digital content provided on an intangible medium, as soon as the User requests immediate execution of the Service (first photo processing) and acknowledges waiving their right of withdrawal, they can no longer withdraw for credits or the Subscription already used.

For unused credits purchased by a consumer, Sublimify will apply the right of withdrawal according to applicable regulations, provided that the User has not requested immediate execution of the Service and waived their right.

Professional Users do not benefit from the right of withdrawal.

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7. Intellectual Property

7.1. Sublimify Platform

The structure of the Platform, its code, design, the brand "Sublimify", its logos, texts, images (excluding User Content), and more generally all elements that compose it are the exclusive property of RBINNO or its potential partners and are protected by French and international intellectual property laws.

Any reproduction, representation, modification, adaptation, translation, extraction, or reuse, in whole or in part, of the Platform or any of its elements, without the prior written permission of RBINNO, is strictly prohibited.

7.2. User Content and Photos

The User retains exclusive ownership of all rights to the photos and images they upload, as well as on the Results generated from them. Automated processing by artificial intelligence does not imply any transfer of intellectual property rights to Sublimify.

By uploading Content, the User grants Sublimify a non-exclusive, worldwide license, limited to the time necessary to:

• host the images,

• process them via AI models,

• generate the Results,

• make these Results available to the User.

This license is strictly limited to the provision of the Service and does not authorize Sublimify to commercially exploit the photos or Results for other purposes without explicit consent.

The User declares and guarantees:

• to hold all necessary rights over the Content (copyright, right to image, trademarks, etc.);

• that the Content does not infringe on third-party rights or public order.

The User is solely responsible for the Content they upload and the Results they exploit (publication, distribution, printing, marketing, etc.).

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8. Use of the Service – Prohibited Content

The User agrees to use the Platform in accordance with applicable laws and regulations and these TCUS.

In particular, they are prohibited from:

• uploading images that are manifestly illegal or contrary to public order (violent, hateful, discriminatory, defamatory, terrorist, child pornography content, etc.);

• infringing on third-party rights (intellectual property, right to image, privacy, trade secrets, etc.);

• using the Platform for fraudulent, misleading, or illegal activities;

• attempting to circumvent or neutralize security measures or technical limitations (quotas, protections, unauthorized APIs, etc.);

• using the Service to train, test, or compare competing AI models without prior written consent from Sublimify.

Sublimify reserves the right to suspend or terminate without notice any Account that does not comply with these rules and to remove any manifestly illegal Content, without compensation to the User and without prejudice to legal action.

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9. Liability

9.1. Nature of the Service – No Guarantee of Result

Sublimify provides a tool for image retouching that primarily operates through artificial intelligence models (notably provided by vendors such as OpenAI).

The Service is provided "as is" and "subject to availability", without any guarantee of a specific result:

• Sublimify does not guarantee that the retouches will meet a specific aesthetic quality level or a specific need of the User (for example, marketing use, e-commerce, large format printing, etc.);

• Sublimify does not guarantee the absence of errors, bugs, defects, or interruptions.

Using the Platform and the Results is therefore at the User's own risk.

9.2. Sublimify's Liability

To the extent permitted by law:

• Sublimify cannot be held liable for indirect damages suffered by the User, such as loss of revenue, loss of data, loss of customers, damage to brand image, lost profits, etc.;

• the total liability of Sublimify, for all causes combined, is limited to the total amount excluding taxes actually paid by the User to Sublimify in the twelve (12) months preceding the event giving rise to the damage.

Sublimify is not responsible for:

• the content of the photos uploaded by the User, nor for the use made of the Results;

• damages resulting from non-compliant use of the Service or contrary to the TCUS;

• failures attributable to third-party providers (hosting, AI provider, payment provider, internet network, etc.), unless otherwise required by law.

9.3. User's Liability

The User is solely responsible for:

• the Content they upload;

• the Results they exploit;

• compliance with third-party rights and applicable legislation.

They indemnify Sublimify against any claims, complaints, or demands from a third party related to the Content or Results, and shall compensate Sublimify for any damage resulting from their breaches.

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10. Personal Data

Sublimify collects and processes certain personal data of Users (identity, contact details, billing data, connection data, photos, etc.) for the purposes of providing the Service, billing, security, and improving the Platform.

The complete terms of this processing (data categories, purposes, retention periods, legal bases, rights of individuals, potential transfers outside the EU, etc.) are detailed in Sublimify's Privacy Policy, accessible on the Platform.

In case of contradiction between the TCUS and the Privacy Policy regarding personal data, the latter shall prevail.

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11. Duration, Suspension, and Account Deletion

The TCUS are concluded for an indefinite duration from the creation of the Account or the first use of the Service.

The User can request the deletion of their Account at any time by writing to: contact@sublimify.net. Deletion will take effect within a reasonable time. However, certain data may be temporarily retained to comply with legal obligations or to prove contract execution (for example: invoices).

Sublimify may suspend or delete the User's Account, by right and without notice, in the event of:

• non-compliance with the TCUS;

• fraudulent or illegal use of the Service;

• non-payment or repeated billing issues.

Account deletion does not entitle the User to any refund of credits or ongoing Subscription, except as required by law or contrary commitment by Sublimify.

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12. Modifications to the TCUS and the Service

Sublimify reserves the right to modify at any time:

• the characteristics of the Service (features, interface, algorithms, technical providers);

• the prices (credits, Subscriptions);

• the present TCUS.

Any substantial modification will be communicated to the User by any means (email, message on the Platform). By continuing to use the Platform after the modifications come into effect, the User is deemed to accept them.

If the User does not accept the modified TCUS, they must cease using the Service and may request the closure of their Account.

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13. Governing Law – Disputes

These TCUS are governed by French law.

In the event of a dispute, the parties will strive to seek an amicable solution.

Failing an amicable agreement within a reasonable time, the dispute will be brought before the competent courts of the Douai Court of Appeal (jurisdiction of the courts of the registered office), including in the case of multiple defendants or third-party claims, subject to the applicable mandatory jurisdiction rules for consumers.

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14. Legal Notices and Contact

• Company: RBINNO

• Form: SAS with a capital of €1,000

• SIREN: 993 191 386 – Lille Métropole Trade and Companies Register

• Intracommunity VAT: FR47 993 191 386

• Registered office: 3 Avenue François Mitterrand, 59290 Wasquehal, France

• Publication Director: Jean-François Regheere

• Data Processing Officer: Thomas BRICE

• Contact: contact@sublimify.net