Terms of use and sale

1. Purpose

These terms govern the use of the TaleSmith service (the « TaleSmithRP » Discord bot and its dashboard). By installing the bot or using the dashboard, you agree to these terms.

2. Service description

TaleSmith lets you add AI-driven non-player characters to a Discord server, each with its own personality and a memory specific to every member. The service is provided « as is » and may evolve over time.

3. Account and access

Access to the dashboard is granted through your Discord account. Managing a server is reserved for its owner, who may delegate certain actions to the server's administrators. You are responsible for any use made under your account.

4. Plans, trial and payment

• A free trial (with a limited message quota) is offered at installation, with no credit card required.
• Paid plans are monthly subscriptions billed through Stripe. The « message » is the quota unit: each reply from a character to a member is counted. The quota renews every month.
• An upgrade takes effect immediately; a downgrade takes effect at the next renewal.
• Prices are shown in euros. TVA non applicable, article 293 B du CGI (franchise en base).

5. Cancellation and refunds

You can cancel at any time from your billing area. The subscription stays active until the end of the period already paid for, after which the server returns to trial mode. Given the nature of digital services delivered immediately, no refund is due for a period already started, except where required by mandatory law or as a goodwill gesture.

6. AI-generated content

Character replies are generated automatically by an artificial intelligence. They may be inaccurate, inappropriate, or not reflect the publisher's position. The service must not be used to obtain medical, legal, financial, or safety advice. The publisher does not guarantee the accuracy of generated content.

7. User obligations

You agree not to use the service to create or share content that is illegal, hateful, sexually explicit involving minors, defamatory, or that infringes the rights of third parties. You remain responsible for the personas you configure and for moderating your Discord server, in accordance with Discord's terms.

8. Availability and liability

The service is provided without any guarantee of continuous availability. The publisher cannot be held liable for interruptions, data loss beyond its control, or the consequences of using generated content. In any case, the publisher's liability is limited to the amount paid over the last twelve months.

9. Personal data

The processing of personal data is described in our privacy policy.

10. Processing of your members' data

By installing the bot on your server and configuring it, you decide to have your members' personal data processed (messages exchanged with characters, memory and relationships). In doing so you act as the data controller, and the publisher as a processor within the meaning of Article 28 GDPR. This section constitutes the data processing agreement.

• Subject matter, duration, nature and purpose: to provide the service described in section 2, for the duration of your use. Categories of data and data subjects, recipients and retention periods: see the privacy policy.
• Instructions: the publisher processes the data only to provide the service and on your documented instructions, which consist of these terms and your settings in the dashboard. This data is not sold, used for any other purpose, or used to train an artificial intelligence model. If the publisher considers that an instruction infringes the GDPR, it will inform you.
• Sub-processors: you authorise the publisher to use the providers listed in the privacy policy, under the same obligations. Any addition or replacement will be notified to you through an update to that list, with reasonable notice for you to object.
• Your obligations: it is your responsibility to have a legal basis for this processing, to inform your server's members, and to handle the requests they address to you. To help you, the publisher informs each member by private message on their first exchange with a character, provides them with the self-service erasure command, and assists you, as far as possible, in responding to their requests.
• Security, confidentiality and breaches: the publisher implements appropriate technical measures (encrypted backups, hosting within the European Union, restricted access), imposes confidentiality on persons authorised to process the data, and notifies you without undue delay of any personal data breach it becomes aware of.
• Fate of the data: when the bot is removed from your server, that server's data is deleted, subject to encrypted backup rotation and legal retention obligations.
• Documentation: the publisher makes available the information needed to demonstrate compliance with these obligations and to allow for audits, under reasonable conditions and without compromising the security of other customers.

11. Changes to the terms

The publisher may amend these terms; the applicable version is the one published online at the time of use. In the event of a substantial change, users will be informed by reasonable means.

12. Governing law

These terms are governed by French law. Failing an amicable resolution, the competent courts will be those of the jurisdiction where the publisher's registered office is located, subject to the protective rules applicable to consumers.