TERMS OF USE AND TERMS OF SALE

Vendy Studio

Version 01 - Last updated: 19/12/2025

1. Purpose

These Terms of Use and Terms of Sale (hereinafter the "Terms") are intended to define:

the conditions under which VLA STUDIO – Mr François Vella, operating the Vendy Studio platform (hereinafter "Vendy Studio" or the "Provider"), supplies a service for the automated generation of photographs using artificial intelligence from photographs of garments provided by the user (hereinafter the "Service");
the rights and obligations of users, whether they are consumers or traders (hereinafter the "Users" or the "Customer").

In the terminology of these Terms, "consumer" and "trader" are understood in accordance with EU consumer law.

Vendy Studio notably allows the Customer to:

upload one or more photographs of garments (laid flat, on a hanger, placed, etc.);
purchase credits or a subscription enabling the automated generation of realistic images of the garment worn by a virtual model (hereinafter the "Generated Images");
download the generated images in order to use them on third-party platforms (for example Vinted®, Leboncoin®, etc.), under the Customer's sole responsibility.

Vendy Studio does not sell garments and does not take part in the transactions carried out on those third-party platforms.

2. Identity of the Provider and legal information

Provider of the platform:

VLA STUDIO - Mr François Vella
Registered office: 1A Rue Marcel Sembat, 62880 Vendin-le-Vieil, France
E-mail contact: contact@vendystudio.fr

The website is hosted by: Vercel Inc. Address: 340 S Lemon Ave #4133, Walnut, CA 91789, USA

3. Acceptance of the Terms

3.1. Use of the Vendy Studio platform and the placing of any order imply full and unreserved acceptance of these Terms.

3.2. The Terms are accessible at all times on the website and prevail, where applicable, over any other version or any other conflicting document.

3.3. The Customer declares:

that they are at least 18 years old and have legal capacity;
that they use the Service either as a consumer (private use) or as a trader (commercial or similar activity);
that they have read and accept these Terms.

4. Description of the Service

4.1. Visual fidelity and control of the Generated Images

The Customer acknowledges and expressly accepts that the Images Generated by Vendy Studio are produced by an automated artificial intelligence system, from the Source Photographs provided by the Customer.

Vendy Studio provides a tool to assist with the visual representation of garments, without any guarantee of a perfectly faithful reproduction of the actual appearance of the product.

It is the Customer's exclusive responsibility to verify, before any use or publication of the Generated Images, in particular on third-party sales or intermediation platforms, that they represent in a fair, honest and accurate manner:

the cut of the garment;
its length;
its proportions;
its actual colour;
as well as any defect, alteration or significant particularity of the product.

The Customer undertakes not to use or publish Generated Images likely to mislead a third party as to the nature, condition or actual appearance of the garment.

Vendy Studio does not carry out any prior review of the Generated Images and does not intervene at any stage in their publication or final use.

Consequently, Vendy Studio cannot be held liable for any dispute, claim, penalty, removal of a listing, refund or harm resulting from a discrepancy between a Generated Image and the garment actually sold or presented, such liability resting exclusively with the Customer.

4.2. General operation

Once registered and logged in, the Service enables the Customer:

to upload photographs of garments without any natural person (hereinafter the "Source Photographs");
to use credits or their subscription to generate, via an artificial intelligence model, images of the garment worn by a virtual model (hereinafter the "Generated Images");
to view and download those Generated Images.

4.3. No sale of garments and independence from third-party platforms

Vendy Studio:

does not sell garments, does not hold any stock and is not a party to any garment sale transaction;
is not affiliated with any sales platform (Vinted®, Leboncoin®, etc.) and does not control their rules, features or decisions.

The use of Generated Images on any third-party platform is carried out under the Customer's sole responsibility, who must comply with the terms and policies of those platforms.

4.4. Experimental nature of the AI

The Customer is informed that:

the results of the AI may vary from one generation to another;
the AI may produce imperfect, distorted or non-conforming renderings;
Vendy Studio does not guarantee any increase in sales, any conversion rate or any particular economic result.

The Service is provided "as is", within the limits set out in Article 11.

4.5. Retention and deletion of Source Photographs and Generated Images

Unless previously deleted manually by the Customer from their personal account, the Source Photographs and Generated Images are automatically deleted within a maximum period of ten (10) days from their generation. Deletion is final and irreversible. Minimal technical logs, without retention of the images, may be kept for a limited period for security and diagnostic purposes.

5. Account creation and access to the Service

5.1. Registration

To use the Service, the Customer must create an account by providing:

a valid e-mail address;
a password;
and, where applicable, certain additional information (surname, first name, company name, country, etc.).

The Customer undertakes to provide accurate, complete and up-to-date information, and to keep it up to date.

5.2. Account security

The Customer:

is solely responsible for the confidentiality of their credentials;
undertakes not to disclose them to third parties;
undertakes to inform Vendy Studio immediately of any unauthorised access to their account or any suspicion of fraudulent use.

5.3. Consumer and trader profiles

When registering or subsequently, the Customer may indicate whether they are acting:

as a consumer;
or as a trader.

This classification may have legal consequences (in particular regarding the right of withdrawal, certain protections and the limitation of liability). The Customer undertakes not to make a false declaration.

6. Prices, credits, subscriptions and payments

6.1. Prices

The prices of credit packs, subscriptions and any options are indicated in euros, inclusive of all taxes, on the website, and are those in force at the time of the order.

Vendy Studio reserves the right to modify its prices at any time, billing being carried out on the basis of the prices in force at the time the order is validated.

6.2. Credits

The Customer may purchase credit packs enabling them to generate a certain number of Generated Images.

The number of credits consumed per generation may vary depending on the chosen resolution, the number of variants and/or the selected options. The terms of credit consumption are specified on the website.

6.3. Subscription

Vendy Studio may offer subscription plans giving access, for a given period, to a quota of credits/generations as indicated at the time of subscription.

Term and renewal: the subscription is taken out for a monthly term and is automatically renewed for the same term, unless cancelled before the renewal date.
Cancellation: the Customer may cancel at any time from their "account" area or via a link provided in the subscription confirmation e-mails. Cancellation takes effect at the end of the current subscription period; no pro rata refund is due for the current period, unless required by mandatory legal provisions.
Quota: the quota may only be used during the relevant subscription period. Unless otherwise indicated, unused credits/quota are not carried over to the following period.
Change of offer/price: Vendy Studio may change its offers and/or prices; the Customer is informed before they apply. In the event of disagreement, the Customer may cancel before the new conditions come into force.

6.4. Means of payment and role of Stripe

Payment for orders is made through the secure payment solutions provided by Stripe or any other payment provider indicated on the website.

The available means of payment are those displayed at the time of payment (for example: bank card, electronic wallet, etc.).

Where instalment payment or credit is offered, the Customer is informed that:

this payment is offered and managed by Stripe and/or by a credit institution partnered with Stripe;
it constitutes a separate contract between the Customer and that financial provider;
Vendy Studio is not a party to that contract and cannot be held liable for a refusal of financing, a payment incident, or the fees, interest or penalties relating to that financing.

6.5. Formation of the contract and activation of credits

The order follows these steps:

selection of the offer (credit pack, subscription, etc.);
display of the order summary;
reading and acceptance of these Terms;
where applicable, a specific checkbox waiving the right of withdrawal;
validation of payment via Stripe.

The contract is deemed concluded and the sale final when:

payment is accepted by the payment provider; and the credits are credited to the Customer's account (or the subscription activated) and/or the order confirmation e-mail is sent.

7. Right of withdrawal

7.1. For consumer Customers

In principle, the consumer has a 14-day right of withdrawal for distance contracts, in accordance with applicable EU consumer law (Directive 2011/83/EU) and the mandatory provisions of the consumer's country of residence.

However, the Service offered by Vendy Studio consists of the supply of digital content not supplied on a tangible medium, the performance of which begins as soon as the credits or access to the Generated Images generator are made available.

In accordance with Article 16(m) of Directive 2011/83/EU (as transposed into the law of the consumer's country of residence), the right of withdrawal does not apply where:

the consumer has given their prior express consent for performance of the contract to begin before the end of the withdrawal period;
the consumer has expressly acknowledged that they thereby lose their right of withdrawal;
the trader has provided confirmation on a durable medium.

Consequently:

when placing the order, the consumer Customer must tick a box by which they request the immediate performance of the Service and acknowledge that they lose their right of withdrawal upon confirmation of their order;
once the order has been confirmed and the credits made available, the consumer no longer has any right of withdrawal, even if they have not yet used their credits.

7.2. For trader Customers

Customers acting as traders do not benefit from the right of withdrawal afforded to consumers under EU consumer law.

8. Use of the Service and prohibited content

8.1. General rules of use

The Customer undertakes to use the Service:

in accordance with these Terms;
in compliance with applicable laws and regulations;
for lawful purposes only.

8.2. Permitted Source Photographs (inputs)

The Service is designed to process photographs of garments only.

The Customer undertakes to upload only Source Photographs:

depicting garments, accessories or similar products;
without any identifiable natural person, even partially (face, recognisable silhouette, distinctive tattoo, etc.);
not containing any sensitive data (health data, identity documents, etc.).

8.3. Specific prohibitions

It is strictly prohibited to upload, use or generate, via the Service, content:

depicting real persons, whether adults or minors (photographs, portraits, selfies, etc.);
depicting minors in a sexual, suggestive, ambiguous or inappropriate context;
infringing human dignity, privacy, image rights, copyright or any other right of third parties;
of a pornographic or erotic, violent, hateful, discriminatory, racist, homophobic, sexist nature or inciting hatred;
intended to create deepfakes or misleading images of real persons, without their explicit consent;
inciting illegal, fraudulent activities or activities contrary to public order.

It is also prohibited to:

use and upload photographs/visuals originating from third parties (catalogues, e-commerce, social networks, marketplaces, etc.) where the User does not hold the rights or a licence;
circumvent the technical or security limitations of the Service;
use scripts, bots or any unauthorised automated process to interact with the platform.

8.4. Customer's responsibility for content

The Customer represents and warrants:

that they hold all rights and authorisations necessary in respect of the Source Photographs they upload (ownership of the garments, photographic rights, absence of unauthorised third-party rights, etc.);
that the Source Photographs do not infringe any right (intellectual property, trademark, image, privacy, etc.) of a third party.

The Customer is solely responsible for the Source Photographs and for the use of the Generated Images, both towards Vendy Studio and towards third parties.

8.5. Sanctions

In the event of a breach of these rules, Vendy Studio reserves the right to:

remove or disable any disputed content;
suspend or terminate the Customer's account, temporarily or permanently;
refuse or restrict access to all or part of the Service;
where applicable, transmit the necessary information to the competent authorities.

9. Intellectual property

9.1. Platform and Vendy Studio elements

All elements making up the platform (structure, code, interfaces, texts, images, logos, the Vendy Studio trademark, etc.) are protected by intellectual property law and remain the exclusive property of Vendy Studio or its partners.

Any unauthorised reproduction, representation, modification, adaptation, distribution or exploitation of all or part of the platform is prohibited.

9.2. Source Photographs (inputs)

The Customer retains all intellectual property rights in the Source Photographs they upload.

The Customer grants Vendy Studio a non-exclusive, worldwide and royalty-free licence, strictly necessary: (i) for hosting and processing the Source Photographs in order to perform the Service (generation of the Generated Images), (ii) for security, fraud prevention and incident management, and (iii) for compliance with any legal obligations.

Vendy Studio does not use the Source Photographs to train AI models, nor to build or enrich reusable datasets.

Vendy Studio may, however, use usage statistics (e.g. generation volumes, credit consumption, technical performance), in aggregated and non-identifying form, for the purposes of maintaining and improving the Service, without reuse of the Source Photographs.

Vendy Studio does not resell the Source Photographs and does not make them available to other customers.

9.3. Generated Images (outputs)

Subject to compliance with these Terms and any rights attached to the Source Photograph, Vendy Studio grants the Customer a non-exclusive, worldwide licence, for the legal term of any applicable copyright, to use the Generated Images:

for the purposes of communicating and promoting their garment sales, in particular on third-party platforms (Vinted®, Leboncoin®, marketplaces, social networks, etc.);
for internal purposes (catalogues, presentations, etc.).

The Customer remains responsible for the use they make of the Generated Images and for their compliance with the rules of the platforms on which they publish them.

Vendy Studio reserves the right to use certain Generated Images for the purposes of demonstrating or illustrating the Service (showcase website, social networks, etc.), only with the Customer's prior agreement or in an anonymised form that does not allow the Customer or the seller to be identified.

10. Personal data

10.1. Data controller

In the course of operating the platform, Vendy Studio processes personal data relating to Customers (identity, contact details, connection data, billing data, etc.).

Vendy Studio acts as data controller within the meaning of Regulation (EU) 2016/679 (GDPR).

10.2. Purposes and legal basis

Personal data is processed in particular for:

the creation and management of accounts;
the provision of the Service (management of credits, generation of images, etc.);
billing and payment tracking;
the security of the platform and fraud prevention;
the improvement of the Service;
the possible sending of informational or marketing communications, with the Customer's consent where required by law.

The legal bases are mainly the performance of the contract, legitimate interest and, where applicable, consent.

10.3. Processors and transfers

Certain data may be transmitted to technical providers and processors (host, payment provider Stripe, e-mailing solutions, etc.), for the strict needs of the Service. Transfers outside the EU may take place, in compliance with the safeguards provided for by the GDPR (standard contractual clauses, etc.).

10.4. Rights of data subjects

In accordance with applicable regulations, each data subject has:

a right of access, rectification, erasure, restriction and objection;
a right to data portability;
the right to withdraw their consent at any time;
the right to lodge a complaint with the competent data protection supervisory authority of their country of residence.

A separate Privacy Policy details these processing activities and the procedures for exercising rights. It is accessible on the website.

11. Legal guarantee of conformity (digital content and services)

11.1. Purchase of credits (one-off supply)

The consumer benefits from the legal guarantee of conformity for digital content and digital services, as provided for by applicable EU law (in particular Directive (EU) 2019/770) and the mandatory provisions of the consumer's country of residence.

Under this guarantee, the consumer is entitled to have the digital content or digital service brought into conformity in the event of a lack of conformity, and, where the conditions provided for by applicable law are met, to a price reduction or to termination of the contract. The duration, conditions and remedies of this legal guarantee are those laid down by the applicable law of the consumer's country of residence.

This commercial policy does not affect or limit the mandatory statutory rights of the consumer.

11.2. Subscription (continuous supply)

For subscriptions (continuous supply of a digital service), the consumer benefits from the legal guarantee of conformity throughout the period during which the service is to be supplied under the contract, as provided for by applicable EU law (in particular Directive (EU) 2019/770) and the mandatory provisions of the consumer's country of residence.

The duration, conditions and remedies of this legal guarantee are those laid down by the applicable law of the consumer's country of residence. This commercial policy does not affect or limit the mandatory statutory rights of the consumer.

12. Liability of Vendy Studio

12.1. Operation of the Service

Vendy Studio implements all reasonable means to ensure the proper operation of the platform and the availability of the Service, on a best-efforts basis (an obligation of means, i.e. an obligation to deploy reasonable means rather than to achieve a specific result).

The Customer acknowledges, however, that:

the availability of the Service may be interrupted during maintenance, updates or technical incidents;
the quality of the AI results depends in particular on the quality of the Source Photographs.

Vendy Studio cannot be held liable for the consequences of technical difficulties beyond its control (network failure, unavailability of third-party providers, etc.).

12.2. Use of the Generated Images

Vendy Studio does not control the listings published by the Customer on third-party platforms or the decisions taken by those platforms (moderation, account suspension, etc.).

The Customer alone assumes responsibility for the use of the Generated Images and for the compliance of their listings with applicable laws and the terms of the platforms.

12.3. Exclusion of liability for commercial performance

Vendy Studio does not guarantee any economic result, in particular:

no increase in sales;
no click-through or conversion rate;
no particular visibility on third-party platforms.

The Service is a visual tool to assist in showcasing garments, with no performance commitment.

12.4. Limitation of liability (trader Customers)

For trader Customers, the total liability of Vendy Studio, for all causes and all losses combined, is limited, to the extent permitted by law, to the total amount excluding taxes paid by the Customer over the twelve (12) months preceding the event giving rise to the liability.

This limitation does not apply in the event of gross negligence or wilful misconduct on the part of Vendy Studio, of personal injury, or in any other situation where a limitation would be prohibited by law.

For consumer Customers, the limitations of liability are to be interpreted in accordance with the mandatory provisions of applicable consumer law and the consumer's country of residence.

13. Complaints – Reporting of content

13.1. Complaints relating to the Service

Support: Vendy Studio does not offer telephone assistance. For any request or complaint relating to the service, the customer may contact Vendy Studio at: contact@vendystudio.fr (response within 48 business hours).

13.2. Reporting of unlawful content

Any user or third party may report to Vendy Studio the presence of manifestly unlawful content or content contrary to these Terms (Source Photographs or Generated Images) by writing to contact@vendystudio.fr.

The report must include at least:

the URL or description of the content concerned;
the reasons for the report;
the contact details of the person making the report.

Vendy Studio may, where applicable, remove the disputed content, suspend or terminate the account concerned, and/or alert the competent authorities.

13.3. Amicable settlement

The Service is being deployed and may evolve. In the event of any difficulty, the Customer is invited to send a prior written complaint to Vendy Studio at contact@vendystudio.fr (response within 48 business hours), describing the problem and, if possible, attaching the generation identifier and a screenshot.

In the event of a persistent dispute, the parties shall endeavour to find an amicable solution.

13.4. Consumer dispute resolution

In the event of an unresolved dispute, a consumer Customer may have the right, under applicable EU consumer law and the law of their country of residence, to refer the matter to a competent alternative dispute resolution (ADR) body. Information on any competent ADR body may be available from the consumer authorities or the ADR entity of the consumer's country of residence. Recourse to ADR is optional and does not deprive the consumer of the right to bring legal proceedings.

14. Term, suspension and termination

14.1. These Terms are concluded for an indefinite term from their acceptance by the Customer.

14.2. The Customer may at any time request the deletion of their account, subject to payment of any sums that may be due.

14.3. Vendy Studio may suspend or terminate a Customer's account in the event of:

non-compliance with these Terms;
fraudulent or abusive use of the Service;
a proven risk to the security of the platform or to the protection of other users.

Where possible, Vendy Studio will inform the Customer beforehand, except in the event of a serious breach or a security necessity.

15. Amendment of the Terms

Vendy Studio reserves the right to amend these Terms at any time.

In the event of a substantial amendment:

the Customer will be informed by any appropriate means (e-mail, notification on the website, etc.);
the new Terms will apply from the time they are published online, for new orders;
a Customer who does not accept the amendments retains the option of ceasing to use the Service and deleting their account.

16. Governing law, jurisdiction, specific provisions for trader Customers

16.1. Governing law

These Terms are governed by French law. However, in accordance with Article 6 of Regulation (EC) No 593/2008 (Rome I), where the Customer is a consumer, this choice of law shall not deprive the consumer of the protection afforded to them by the mandatory provisions of the law of their country of habitual residence.

16.2. Prior amicable settlement

In the event of any difficulty, the Customer is invited to contact Vendy Studio in writing at contact@vendystudio.fr (response within 48 business hours), describing the problem and, if possible, attaching the generation identifier and a screenshot. The parties shall endeavour to find an amicable solution before any action.

16.3. Trader Customers: standard framework, no special conditions

The Customer acting as a trader acknowledges that the Service is a standardised service, supplied without adaptation to specific business needs and without any commitment as to results.

Save with the express written agreement of Vendy Studio:

(a) no purchasing conditions, framework agreement, SLA, dedicated support, specific reversibility commitment or special clause of the Customer shall be applicable or enforceable against Vendy Studio, notwithstanding any statement to the contrary appearing in the Customer's documents;
(b) the only obligations of Vendy Studio are those provided for in these Terms, to the extent permitted by law;
(c) support is provided exclusively in writing (e-mail), under the conditions provided for herein.

16.4. Jurisdiction

In the event of a dispute:

consumer Customers may, in accordance with applicable EU rules, bring proceedings before the competent court of their place of domicile or that of the place of the harmful event;
trader Customers agree to submit any dispute to the competent courts having jurisdiction over the registered office of Vendy Studio, save for any mandatory provision to the contrary.