Legal notice & Terms.
Identification of the publisher of the FanClaw service and General Terms of Use. French law applies. Accessing or using the service constitutes full acceptance of these Terms.
Who publishes this service.
Pursuant to Article 6-III of French Law No. 2004-575 of 21 June 2004 for confidence in the digital economy (LCEN), the following information identifies the publisher of the fanclaw.ai website and of the service of the same name.
Publisher. Thomas Berthou, trading under the commercial name “FanClaw”, registered with the French SIRENE registry under SIRET 938 157 062 00010. Principal activity: engineering and technical studies, APE code 7112B.
Contact. legal@fanclaw.ai.
Publication director. Thomas Berthou.
Website host. Vercel Inc., 440 N Barranca Avenue #4133, Covina, CA 91723, United States. Website: vercel.com.
Brand. “FanClaw” is the commercial name under which the publisher operates the service. These Terms, together with the Privacy Policy, the Acceptable Use Policy and the Security commitments, form the contractual whole governing the service (the “Contractual Whole”).
Status. The publisher is not a credit institution, a payment institution, an investment services provider, or an intermediary in banking and payment services.
Access conditions and acceptance.
Access to the service is subject to the prior and unreserved acceptance of these Terms.
Capacity. The user represents being of full age, having the legal capacity to contract and, where acting on behalf of an entity, having the authority to bind it.
Acceptance. Installing, activating or using the service, as well as the mere consultation of fanclaw.ai, constitutes full acceptance of the Contractual Whole in its version published at the relevant date.
User category. These Terms apply to any user, whether acting for professional purposes (“Professional User”) or outside any professional context (“Consumer” within the meaning of the French Consumer Code). Mandatory consumer-protection rights apply in addition to or by derogation from these Terms where relevant.
User account. Access to the service requires creating a user account. The user is solely responsible for the confidentiality of credentials and for any action taken from the account. Unauthorised use must be reported without delay to legal@fanclaw.ai.
Pre-contractual information. Pursuant to Article L. 221-5 of the French Consumer Code, the Consumer acknowledges having received, prior to acceptance, the information regarding the publisher's identity, the essential features of the service, its price, the payment, performance and termination terms, and the rights attaching to consumer status.
Evolution of these Terms. The publisher may amend the Contractual Whole at any time. The applicable version is the one published at the URL of each document. Continued use after publication constitutes acceptance. Failing acceptance, the user may cease using the service and, where applicable, terminate the subscription under Article 9.
The service is an assistance tool. It is not a substitute for the user's own judgment.Article 3
Description and limits.
The FanClaw service is a software application complemented by a website and ancillary services.
Purpose. The service provides, at the user's request, suggestions of editorial content and operational actions, together with related technical services (website, licence server, transactional communications). The service is an assistance tool; it performs no action of its own vis-à-vis third parties.
Nature of the outputs. The outputs of the service constitute proposals submitted to the user's appraisal. The decision to retain, modify, reject or implement a suggestion, and any subsequent interaction with a digital environment, remain the user's own act and decision. The publisher does not act on behalf of the user in any third-party digital environment.
No representation. The publisher is neither agent, representative nor partner of any third-party digital environment, and does not act with their consent, endorsement or authorisation. Third-party marks and signs are owned by their respective holders; their mention in the service documentation is intended solely to identify the environments to which the user may, by their own means, export or transmit their own outputs.
Evolution. The publisher may, at any time and without notice, evolve, modify, suspend or discontinue all or part of the service.
Assistance, not substitution. The service is supplied as an operational assistance tool. It does not replace the user's own judgment, nor any legal, tax, accounting, marketing or commercial advice.
Technical prerequisites. The user is responsible for the technical prerequisites required to run the service.
Backup of data. Given the local architecture of the service, the data stored on the user's device is the user's sole responsibility. The user undertakes to maintain regular backups. The publisher does not maintain any backup of local data and cannot be held liable for their alteration or loss, in particular in case of hardware failure, operating-system reinstallation, loss or theft of the device, malicious third-party act, or any maintenance operation performed by the user.
User representations and warranties. By subscribing to the service, the user represents and warrants, under their sole responsibility: (i) to be at least eighteen (18) years of age and to have full legal capacity to contract; (ii) that the information provided at subscription is accurate, complete and kept up to date; (iii) not to be, and not to act on behalf of, a person or entity designated under applicable international sanctions regimes, including those of the European Union (Regulations (EU) 833/2014, 269/2014 et seq.), the United Nations, or the U.S. Office of Foreign Assets Control (OFAC); (iv) not to be established in, and not to use the service from, a territory subject to a comprehensive embargo under such regimes; (v) to use the service from a device on which the user holds a legitimate right of use; (vi) that the user's use of the service, including any export or transmission of outputs to a third-party environment, complies with the terms of service, guidelines, policies and other applicable rules of that third-party environment, of which the user acknowledges having taken notice; (vii) that the user is solely responsible for the declaration and payment of all taxes, levies and contributions due in respect of the revenues generated via third-party environments or any other exploitation of the service's outputs. Breach of any of these representations constitutes a serious breach within the meaning of Article 9.
Limited, revocable, non-exclusive licence.
The service is licensed, not sold.
Grant. Subject to payment of the subscription and full compliance with these Terms, the publisher grants the user a personal, non-exclusive, non-transferable, non-sublicensable, revocable right to use the service for the user's own needs during the subscription term.
Scope. The right of use applies within the limit of the devices and accounts of the subscribed plan, exclusively for accounts the user owns and controls.
Prohibitions. The user shall not: (i) copy, distribute, sublicense, resell, lease or otherwise make available the service to third parties; (ii) reverse engineer, decompile or disassemble the service, except within mandatory legal limits; (iii) circumvent the licence, metering, security or authentication mechanisms; (iv) remove or alter any IP notice; (v) use the service to develop a competing product or service; (vi) use the service in violation of the Acceptable Use Policy.
Publisher's intellectual property. The service and its components remain the exclusive property of the publisher or its licensors. No right is granted by implication.
User content. The user retains full ownership of content created, imported or processed via the service. The user grants the publisher the licence strictly necessary to deliver the service, limited in time and scope. The publisher does not use user content for the training of its models or those of third parties.
User content warranties. The user warrants holding all necessary rights and permissions to make available and process user content via the service. The user indemnifies the publisher against any third-party claim under Article 8.
Feedback. Any suggestion or feedback voluntarily submitted by the user may be used by the publisher without restriction or compensation.
Subscription, payable in advance.
Pricing. The applicable prices are those displayed on the pricing page at the time of subscription. The publisher, under the French VAT exemption scheme provided by Article 293 B of the General Tax Code, does not charge VAT until the applicable thresholds are reached. Once exceeded, VAT is applied and the “TVA non applicable, art. 293 B du CGI” mention is removed from invoices. Foreign taxes due at the user's place of establishment are borne by the user.
Payment. Payment is made in advance for the chosen billing period through the payment processor named in the Privacy Policy.
Tacit renewal. The subscription renews automatically at the end of each billing period unless terminated by the user before the period's end under Article 9. Pursuant to Article L. 215-1-1 of the French Consumer Code, the Consumer's consent to tacit renewal is collected at subscription via a dedicated check-box distinct from these Terms. Pursuant to Articles L. 215-1 et seq., a Consumer subscribing to a contract longer than one month is informed, in writing or by email, no earlier than three (3) months and no later than one (1) month before the end of the current period, of the option not to renew. Where the Consumer was not duly informed, the Consumer may terminate at any time after renewal without charge, and is refunded amounts paid beyond the termination date within thirty (30) days.
Price changes. The publisher may revise its prices. Updated prices apply no earlier than the first renewal following publication of the change, after prior electronic notice. Failing acceptance, the user may terminate under Article 9.
Failed payment. If a payment fails, the publisher may suspend access until the situation is regularised. Persistent failure may lead to termination under Article 9. The Professional User is also liable, pursuant to Article L. 441-10 of the French Commercial Code, to late-payment penalties and to the flat-rate compensation of forty (40) euros for collection costs.
No refunds. Except where mandatory applicable consumer law provides otherwise, including the withdrawal right under Article 6 and the rules on tacit renewal above, sums paid for an opened period are non-refundable.
Right of withdrawal of the Consumer.
This Article applies to the Consumer only.
Principle. Pursuant to Article L. 221-18 of the French Consumer Code, the Consumer has a period of fourteen (14) days from subscription to exercise the right of withdrawal, without reason and without supporting any costs other than those provided in Article L. 221-23.
Modalities. The right of withdrawal is exercised by any unambiguous statement sent to legal@fanclaw.ai. A model withdrawal form is available upon request.
Exception and express waiver for digital content. Pursuant to Article L. 221-28, 13°, of the French Consumer Code, the right of withdrawal cannot be exercised for contracts to supply digital content not provided on a tangible medium when performance has begun after the Consumer's prior express consent and the express waiver of the right of withdrawal. By subscribing and activating the service, the Consumer (i) expressly requests that the publisher commence performance before the end of the 14-day withdrawal period and (ii) expressly waives the right of withdrawal. This waiver is electronically recorded at the time of subscription.
Consequences. Once the waiver has been expressed and performance has begun, the right of withdrawal is lost. Other remedies available to the Consumer, in particular the statutory conformity guarantee provided by Articles L. 224-25-12 et seq., remain available.
Professional User. This Article does not apply to the Professional User.
The service is supplied “as is”.Article 7.1
Service supplied in its current state.
7.1 As-is. The service is supplied as it stands, without contractual undertaking as to its availability, performance, fitness for a particular use or absence of defects. The publisher will deliver the service with the diligence reasonably expected of a professional operator.
7.2 Availability. The publisher does not undertake any service-level agreement, chiffrered availability target or support response time, save in a separately subscribed dedicated offer. Interruptions, suspensions or slowdowns may occur, notably for maintenance, updates, security or external circumstances.
7.3 Third-party environments. The publisher does not control or operate the third-party digital environments to which the user may connect the service. No warranty is given as to their availability, conditions, behaviour, evolution or actions taken against the user. Any suspension, closure, content removal, monetisation reduction or other measure taken by a third-party environment is not a default of the publisher.
7.4 Sub-contractors and third-party services. The publisher does not guarantee services rendered by sub-contractors and third-party suppliers listed in the Privacy Policy.
7.5 Results. No commercial, financial, audience, monetisation, conversion, compliance or ranking result is warranted. Reference statistics, demos, screenshots or examples published on the website are purely indicative.
7.6 AI outputs. The service produces, at the user's request, editorial content using machine-learning models. By nature, these outputs are probabilistic, may contain inaccuracies, unverified statements, out-of-context content or errors of fact, law, tax, medicine or technique. The publisher gives no warranty as to accuracy, completeness, fitness for a particular use, absence of bias, originality, non-infringing nature or regulatory compliance of the outputs. The user retains full responsibility for review, validation and the decision to publish any output. AI-specific provisions are in Article 10.
7.7 Mandatory warranties. Nothing herein shall deprive the Consumer of rights granted by the statutory conformity guarantee, the hidden-defects guarantee, or any other mandatory warranty under French Consumer Code or Civil Code. For any such claim, write to legal@fanclaw.ai.
7.8 Beta features. Certain features may be expressly labelled “Beta”, “Preview”, “Alpha”, “experimental” or any equivalent designation. Such features are provided for evaluation purposes, as-is, without any warranty of operation, stability, continuity or longevity, and may be modified or withdrawn at any time without notice or indemnity. Any use is at the user's own risk.
7.9 Status under the LCEN. The publisher supplies a local software tool for operational assistance. It does not store, for the public, the content produced or transmitted by the user within the meaning of Article 6-I-2 of French Law No. 2004-575 of 21 June 2004 for confidence in the digital economy (LCEN). The publisher acts neither as a hosting provider nor as an editor of an online public communication service in respect of user content. No general monitoring duty nor takedown obligation based on Articles 6-I-2 and 6-I-7 of the LCEN applies to the publisher as a result of the service.
7.10 No payment services. The publisher does not act as a payment-services provider within the meaning of Article L. 521-1 of the French Monetary and Financial Code, nor as a collection intermediary, nor as a digital-asset service provider. The publisher does not receive, hold or remit any sums owed to the user by a third-party environment, by a fan or by any other third party. The financial flows generated by the user's activity transit directly between the user and the relevant third-party environment or third party, without any intervention by the publisher.
Limitation and exclusions.
8.1 Cap. To the maximum extent permitted by law and on a cumulative basis, the publisher's contractual or non-contractual liability is capped at the sums actually paid by the user to the publisher in the twelve (12) months preceding the triggering event. For Consumers, this cap shall not deprive of effect the mandatory provisions of Article 1245 et seq. of the French Civil Code and the French Consumer Code.
8.2 Excluded damages. To the maximum extent permitted by law, the publisher shall not be liable for any indirect, immaterial or consequential damage, in particular loss of profit, of revenue, of business, of clientele, of opportunity, of data, harm to reputation or image, loss of earnings, or cost of substitution.
8.3 Force majeure. The publisher bears no liability for inexécution caused by a force-majeure event within the meaning of Article 1218 of the French Civil Code, including: exceptional weather events, earthquake, flood, fire, war, terrorist attack, riot, general or sectoral strike, administrative or judicial decision, generalised outage of power or telecommunications networks, cyber-attack, major failure of an essential sub-contractor, prolonged unavailability of a third-party environment, epidemic or pandemic.
8.4 User or third-party act. The publisher bears no liability for damage resulting from: (i) use of the service inconsistent with the Contractual Whole; (ii) fault, negligence or imprudence of the user; (iii) third-party act, in particular by a third-party environment, hardware or software supplier installed by the user, or malicious act; (iv) implementation by the user of the service's outputs in violation of applicable law.
8.5 User guarantee. The user shall indemnify the publisher against any action, claim, judgment, damage, cost or expense (including reasonable defence fees) arising from: (i) the user's breach of these Terms or the Acceptable Use Policy; (ii) the user's violation of any third-party right; (iii) content produced or transmitted by the user; (iv) acts performed by the user in a third-party digital environment, including the implementation of the service's outputs. This guarantee does not apply to the Consumer where it would restrict mandatory consumer rights.
8.6 Personal injury. Nothing herein excludes or limits liability for personal injury resulting from a proven fault of the publisher, nor for gross or wilful misconduct, in accordance with mandatory law.
8.7 No indemnification by the publisher. Save for any refund possibly owed under Article 5 and the operation of the mandatory warranties referred to in Article 7.7, the publisher grants the user no indemnification, defence-cost coverage, contribution to any judicial or administrative proceeding, or compensation of any kind. No insurance, surety or financial guarantee is provided by the publisher for the benefit of the user or third parties.
How the contract ends.
9.1 By the user. The user may terminate the subscription at any time from the account interface or by writing to legal@fanclaw.ai. Save in the case of tacit renewal under Article 5, termination takes effect at the end of the current billing period and gives no refund for that period.
9.2 By the publisher for cause. The publisher may terminate with immediate effect, by written notice, in case of user breach of the Contractual Whole, including: (i) unpaid invoice unresolved fifteen (15) days after formal notice; (ii) breach of the Acceptable Use Policy; (iii) use in violation of law or third-party rights; (iv) insolvency proceedings against the Professional User; (v) any other serious breach.
9.3 Suspension. The publisher may suspend access, in whole or part, without notice or indemnity, for: (i) failed payment; (ii) alleged breach of the Acceptable Use Policy; (iii) threat to service or third-party security; (iv) legal obligation or authority injunction. Suspension does not end the contract; due sums remain payable.
9.4 By the publisher for convenience. The publisher may terminate, or discontinue all or part of the service, for convenience by written notice. The publisher shall refund the pro-rata portion of paid sums covering the unused period.
9.5 Effects. Upon termination, the right of use ceases. The user shall stop using and shall remove all copies. Data stored locally remains under the user's exclusive control. The limited data held by the publisher (account, billing, technical and security logs) is retained in accordance with the Privacy Policy, it being specified that account data which is not necessary for a statutory retention obligation nor for the defence of a legal claim is deleted or anonymised within thirty (30) days from effective termination, unless the user requests otherwise.
9.6 Survival. The clauses on intellectual property, confidentiality, liability, user guarantee, governing law and dispute resolution survive termination.
AI system within the meaning of Regulation (EU) 2024/1689.
The service includes an AI system within the meaning of Regulation (EU) 2024/1689 of 13 June 2024 (“AI Act”).
10.1 Qualifications. The publisher acts as a “provider” of an AI system within the meaning of Article 3.3 of the AI Act. The user acts as a “deployer” within the meaning of Article 3.4 when implementing the service in a professional or organised activity.
10.2 Prohibited practices (Article 5). The user shall not use the service for any purpose falling within prohibited practices under Article 5 of the AI Act, including: (i) subliminal, manipulative or deceptive techniques aimed at or with the effect of substantially distorting a person's behaviour to their or another's detriment; (ii) exploiting vulnerabilities related to age, disability, economic or social situation; (iii) social scoring; (iv) emotion recognition in the workplace or in education, save medical or safety exceptions; (v) biometric categorisation of persons to infer sensitive data; (vi) any other prohibited practice.
10.3 Transparency obligations (Article 50). As deployer, the user is solely responsible for compliance with transparency obligations vis-à-vis natural persons with whom the system interacts or to whom content generated or modified by the system is addressed, within the conditions and limits of paragraphs 1 to 5 of Article 50 of the AI Act and applicable law. The publisher does not undertake to provide technical features to perform this obligation on the user's behalf.
10.4 Behaviour in response to a sincere question. The user shall not configure or use the service to deny, to a natural person sincerely and directly asking the question, the artificial nature of an output or interaction.
10.5 No high-risk use without prior consent. The service is not designed to be used as a high-risk AI system within the meaning of Annex III of the AI Act. The user shall not use the service or its integration in a way that qualifies it as high-risk (e.g. education, employment, access to essential services, law enforcement) without the publisher's express prior consent and without implementing all compliance measures applicable to a deployer of such a system.
10.6 Data used by AI. The publisher does not use content produced or processed by the user via the service for the training of its or third-party models. Inference requests sent to the cloud inference sub-contractor are governed by the relevant sub-contractor's terms, listed in the Privacy Policy.
10.7 Marking of generated content. Where the law requires marking of content as artificially generated or modified, such marking is the responsibility of the user as deployer. The publisher undertakes no obligation to provide a marking feature and cannot be held liable for its absence in the service.
10.8 Evolving framework. The AI Act applies on a staggered basis. The obligations of this Article apply from the date of entry into application of the corresponding provision. The publisher may revise this Article to reflect new obligations and guidelines.
French law. Mediation available.
11.1 Governing law. These Terms, and any non-contractual obligation arising from them, are governed by French law, to the exclusion of its conflict-of-laws rules.
11.2 Jurisdiction. Any dispute relating to the formation, performance, interpretation or termination of these Terms which could not be settled amicably falls within the jurisdiction of the French courts. For the Professional User, exclusive jurisdiction is granted to the commercial court in whose ressort the publisher has its registered office, even in cases of plurality of defendants or warranty claims. For the Consumer, the jurisdiction rules of Articles R. 631-3 et seq. of the French Code of Civil Procedure and Article R. 212-2, 12°, of the French Consumer Code apply. No provision herein may confer exclusive jurisdiction on a French court against a Consumer where the Consumer has a statutory option.
11.3 Consumer mediation. Pursuant to Articles L. 612-1 et seq. of the French Consumer Code, the Consumer may resort, free of charge, to a consumer mediator for an amicable settlement, after a prior written claim to the publisher. The publisher has designated as consumer mediator the association [To be completed, e.g. CNPM-Médiation-Consommation, 27 avenue de la Libération, 42400 Saint-Chamond, cnpm-mediation-consommation.eu], subject to confirmation. The Consumer may also use the EU online dispute resolution platform at ec.europa.eu/consumers/odr.
11.4 Assignment. The user may not assign these Terms without the publisher's prior written consent. The publisher may assign these Terms in connection with a merger, acquisition, reorganisation or sale of assets, by notice to the user.
11.5 Severability. If a provision is held invalid, illicit or unenforceable, the remaining provisions remain in force; the affected provision is, where possible, interpreted or rewritten to give effect within the limits of applicable law.
11.6 Forbearance. The publisher's failure to require strict performance shall not be a waiver of later enforcement.
11.7 Entire agreement. These Terms, together with the Privacy Policy, the Acceptable Use Policy and the Security commitments, constitute the entire agreement between the parties on this subject and supersede any prior agreement, oral or written.
11.8 Notices. Notice to the publisher is sent to legal@fanclaw.ai or, upon prior request made to the same address, by registered post to the postal address that will then be communicated to the user. Notice to the user is sent to the email address recorded in the user account.
11.9 Contractual limitation period for the Professional User. Pursuant to Article 2254 of the French Civil Code, the parties agree that any liability action by the Professional User against the publisher, whether contractual or non-contractual, must be brought within one (1) year from the day on which the user knew or should have known of the facts giving rise to the action. After that period the action is time-barred. This provision does not apply to the Consumer, with respect to whom the statutory limitation period of Article 2224 of the French Civil Code continues to apply.
11.10 Prior amicable-settlement attempt for the Professional User. Before any contentious action, the Professional User undertakes to send to the publisher a substantiated written claim at legal@fanclaw.ai and to allow a period of sixty (60) days to elapse before initiating proceedings, save for matters of urgency, precautionary measures, or actions seeking to prevent imminent harm. This provision does not apply to the Consumer.
11.11 Cooperation with competent authorities. The publisher may, without engaging its contractual liability toward the user, disclose any data in its possession in response to a legal requisition, judicial decision, reasoned request from a competent administrative or regulatory authority, or to assert a legal claim. Where the law permits, the publisher endeavours to inform the user within a reasonable period.
11.12 Authoritative version. In case of conflict between this English version and the French version available at /terms, the French version prevails.
End of document.
Continue with Privacy.
Any question relating to these Terms can be sent to legal@fanclaw.ai.