Acceptable Use.
Conditions of use for the FanClaw service. This Policy complements and clarifies the Legal notice and Terms. Breach constitutes a contractual default exposing its author to the sanctions in Article 9.
Rules of use.
The FanClaw service produces, at the user's request, suggestions of content and actions which the user may then implement in their activity, including vis-à-vis third parties. This Policy (the “AUP”) sets the contractual framework for such use.
The user is solely responsible for all activity carried out via the account, including by persons to whom they grant access, and for any content made available or transmitted via the service. The publisher is not subject to any general monitoring obligation, in accordance with Article 6.I.7 of the LCEN. It nonetheless retains the right to investigate any alleged breach.
This AUP complements the Legal notice and Terms and forms an integral part of the Contractual Whole. In case of conflict, the Terms prevail. Continued use constitutes acceptance.
Who is bound by the AUP.
Persons bound. The AUP binds the user, employees, sub-contractors and any person whom the user permits to access the service, the user remaining fully liable for their acts.
Actions covered. The AUP applies to every action initiated, scheduled or carried out via the service, executed either on the user's device or by transmission to a third-party environment.
Compliance with law. The user shall comply with all applicable legal, regulatory, ethical or administrative provisions, in particular intellectual property, personality rights, image rights, privacy, data protection, consumer law, taxation, labour law, fight against illicit content, fraud and money laundering.
Third-party environments. The relationship between the user and each third-party digital environment is exclusively governed by the relationship between the user and the operator of that environment and does not bind the publisher.
Warranties. The user warrants that the accounts connected to the service are theirs or that they hold an express written authorisation from the account holder, and that the content processed via the service falls within their rights or under a lawful licence.
What you may do.
Own accounts. Management of messages, publications, replies and monetisation actions on accounts the user owns and controls.
Reasonable automation. Automation of repetitive actions ordinarily carried out by the user as the legitimate operator of the accounts.
Publication. Publication and distribution of content for which the user holds all required rights.
Staff. Use by employees or contractors of the user, under the user's full responsibility.
What you must not do.
Unlawful activity. Any use contrary to law, in particular fraud, money laundering, terrorism financing, breach of international sanctions, narcotics or weapons trafficking, sexual exploitation, harm to minors.
Manifestly illicit content. Production, distribution or processing via the service of manifestly illicit content within the meaning of Article 6.I of the LCEN, in particular: apology of crimes against humanity, provocation or apology of terrorism, incitement to racial, sexual or other hatred, child sexual abuse material, incitement to violence, harm to human dignity, non-prescribed public defamation and insult.
Harm to third-party rights. IP infringement, breach of image rights, voice rights, privacy, human dignity, presumption of innocence, disclosure of business or professional secrets.
Impersonation. Operation of accounts under an identity the user has no right to use or likely to mislead the audience as to the actual operator.
Harassment and abuse. Any use for harassment, intimidation, threats, defamation, non-consensual disclosure of personal or intimate data (“doxing”), abusive mass communication.
Spam and circumvention. Mass messaging to recipients who have not consented where required; circumvention of technical limits, anti-spam mechanisms, moderation tools or community rules of a third-party environment.
Unauthorised access. Use on accounts the user does not own, control or for which the user lacks express written authorisation.
Technical attacks. Reverse engineering, decompilation, disassembly; circumvention of licence, metering or security mechanisms; denial-of-service attacks; malware distribution; data scraping without legal basis; disruption of any third-party information system.
Unfair competition. Use to develop a competing product or service, unfair solicitation, disparagement, parasitism.
Use contrary to the Terms. Any use contrary to the Legal notice and Terms or the Privacy Policy.
Legal consequences beyond the contract. Without prejudice to the contractual sanctions in Article 9, the above behaviours are likely to engage their author's criminal and civil liability. In particular: (i) fraudulent access or maintenance in an automated data-processing system, obstruction of its operation and fraudulent introduction of data, sanctioned by Articles 323-1 to 323-3-1 of the French Criminal Code, punishable by up to five (5) years' imprisonment and a 150,000-euro fine; (ii) infringement of intellectual-property rights and circumvention of technical protection measures, sanctioned by Articles L. 335-2, L. 335-3 and L. 335-3-2 of the French Intellectual Property Code, punishable by up to three (3) years' imprisonment and a 300,000-euro fine; (iii) infringement of trade secrets, sanctioned by Articles L. 151-1 et seq. of the French Commercial Code; (iv) unfair competition, parasitism and unfair recruitment, likely to engage the author's civil liability under Article 1240 of the French Civil Code, with full compensation of the harm suffered; (v) GDPR breaches, likely to trigger the administrative sanctions of its Article 83, of up to twenty million euros or 4% of worldwide annual turnover, whichever is higher. The publisher reserves the right to bring or support any action useful to the defence of its rights.
The relationship is the user's.
No representation. The publisher is neither agent, representative nor partner of any third-party environment. Third-party marks and names belong to their respective holders.
Independence of relationships. The relationship between the user and each third-party environment is exclusively governed by the relationship between the user and the operator of that environment, to the exclusion of any intervention by the publisher.
Actions of third-party environments. Any suspension, closure, removal, modification or other measure taken by a third-party environment against the user is not a default of the publisher, does not engage its liability and gives no right to indemnity, refund or compensation.
Technical evolutions. The publisher may, at its discretion and without notice or indemnity, evolve, suspend or remove any export or transmission feature directed at a third-party environment, where necessary.
The service is intended for adults.Article 6
No use by, or aimed at, minors.
Majority. The user represents being of legal majority in their jurisdiction and, in any case, being at least eighteen (18) years old.
Data of minors. The user shall not process, via the service, personal data of minors in their jurisdiction.
Adult content. Where the user publishes adult content via the service, the user complies, at their sole cost and responsibility, with all applicable obligations, in particular age verification, labelling, geographical restriction, compliance with the Digital Services Act (Regulation (EU) 2022/2065) and record retention, in all relevant jurisdictions. For France, the user undertakes to comply with Article 227-24 of the Criminal Code, Articles 1 et seq. of Law No. 2024-449 of 21 May 2024 (“SREN Law”), Decree No. 2024-1043 of 22 November 2024 on the ARCOM age-verification framework, and any decision or recommendation taken under these texts. The publisher is neither party nor guarantor of these obligations.
Reporting. Any report concerning exposure of a minor to adult content distributed via the service, or processing of minor data, may be sent to legal@fanclaw.ai.
Obligations specific to the AI deployer.
Cross-reference. This Article complements Article 10 of the Terms, whose definitions and role allocation are reused here.
Transparency vis-à-vis natural persons (Article 50 AI Act). The user undertakes to inform, where the law so requires, the context makes it necessary or the third-party environment so demands, natural persons of the artificial nature of the outputs or interactions concerning them. Absent contrary indication, this obligation falls on the user as deployer; the publisher exercises no control over the user's individual communications.
Sincere question. The user shall not configure or use the service to deny, to a person sincerely and directly asking, the artificial nature of an output or interaction. Where the question is asked, the user shall either provide a human reply or allow the system to escalate for decision.
Prohibited practices (Article 5 AI Act). The user undertakes not to use the service for purposes falling within prohibited AI practices: (i) subliminal or deceptive manipulation; (ii) exploitation of vulnerabilities related to age, disability, economic or social situation; (iii) social scoring; (iv) emotion recognition in workplace or education, save medical or safety exceptions; (v) biometric categorisation to infer sensitive data.
Vulnerable persons. The user undertakes not to use the service to exploit an emotional, economic or social dependence relationship.
Training data. The user undertakes not to use the service's outputs to train any other AI system without the publisher's express prior consent.
No high-risk use. The user undertakes not to use the service as a high-risk AI system within the meaning of Annex III of the AI Act without the publisher's express prior consent.
Synthetic content marking. The user undertakes not to disable, circumvent or alter content-marking features when implemented in the service.
Notification procedure.
Channel. Reports are sent to legal@fanclaw.ai with the subject “Illicit content report”.
Content of the report. The report should, as far as possible, include: (i) date of notification; (ii) identity of the notifier (name, profession, address, nationality, date and place of birth; for a legal person: form, name, head office, legal representative); (iii) description and precise location of the content; (iv) reasons for the manifest illicitness; (v) copy of correspondence sent to the author or editor, or justification of inability to do so.
Processing. The publisher examines reports within a reasonable period and takes measures it deems appropriate, including removal or author suspension. No general monitoring obligation arises.
Sanctions for abusive reporting. Pursuant to Article 6.I.4 of the LCEN, presenting content or activity as illicit knowing the information to be inaccurate is punishable by one year of imprisonment and a 15,000-euro fine.
Cooperation with authorities. The publisher cooperates with competent administrative and judicial authorities within the applicable legal framework, including in response to requisitions and removal decisions, and retains data permitting identification of a content's author in accordance with applicable regulation.
Remedies available to the publisher.
Warning. Written notice identifying the alleged breach and consequences.
Suspension. Immediate, total or partial suspension of access for the time needed for investigation or remedy. No refund.
Content removal. Removal, without notice, of any manifestly illicit content brought to the publisher's knowledge or of any content in breach of this AUP.
Termination. Termination of the contract with immediate effect under Article 9 of the Terms. No refund of fees paid for the current period save mandatory legal provisions.
Cooperation with authorities. Communication to competent administrative or judicial authorities of information required by law or judicial decision, or any information the publisher considers in good faith necessary to prevent or stop harm.
Action for damages. Bringing of any action for compensation of harm suffered by the publisher.
Cumulative. The above remedies are cumulative and non-exhaustive, without prejudice to any other right or remedy of the publisher.
Authoritative version. In case of conflict between this English version and the French version available at /acceptable-use, the French version prevails.
End of document.
Continue with Security.
Any question relating to the AUP can be sent to legal@fanclaw.ai.