1. Purpose
These terms of use (the "Terms") set out the conditions for accessing and using the Incarneo service (the "Service"), published by PRG Sys (the "Publisher"). The Service enables the generation of audio content (voice synthesis and voice cloning) and video content ("talking-head" avatars) from material supplied by the user.
Any use of the Service constitutes full and unreserved acceptance of these Terms. The Publisher also provides terms of sale (the "Terms of Sale") governing the purchase of credits.
2. Definitions
- User: any person holding an account or using the Service.
- Organisation: an entity grouping several users who share a pool of credits.
- Avatar: a visual representation created from an uploaded photograph.
- Reference voice: an audio sample used for voice cloning or voice synthesis.
- Generated content: any audio or video file produced by the Service.
- Depicted Person: any natural person whose likeness or voice appears in uploaded or generated content.
3. Access to the Service and account
Access to the Service requires the creation of an account. The User warrants that the information provided is accurate and undertakes to keep their login credentials confidential. The Service is reserved for adults with full legal capacity. Any activity carried out from an account is deemed to have been performed by its holder.
4. User warranties and obligations regarding uploaded content
The User is solely responsible for the content they upload (photographs, voices, text) and for the content they generate. For each item of content uploaded or used, the User warrants that they:
- hold all necessary intellectual property rights, or have the corresponding licences;
- have obtained the prior, free, informed and written consent of every Depicted Person, in respect of their image rights and their right to the protection of their voice;
- have ensured that this consent expressly covers the creation of synthetic content (audio and/or video) reproducing that person's likeness or voice;
- do not infringe the rights of third parties, or the privacy, dignity or reputation of others.
The User shall retain all evidence of consent and undertakes to provide it to the Publisher upon simple request. The Publisher is under no obligation to verify the origin of, or the ownership of rights in, uploaded content.
5. Prohibited uses
It is strictly prohibited to use the Service to create, distribute or facilitate:
- the impersonation of a person, or any deceptive "deepfake" intended to make it appear that a real person said or did something they did not say or do;
- content reproducing a person's likeness or voice without their consent, including that of public figures, elected officials or minors;
- content reproducing the likeness or voice of a deceased person without the agreement of their heirs or estate;
- the impersonation of the identity, trademark, logo or name of a company or organisation;
- content that is defamatory, insulting, harassing, hateful, discriminatory or that incites violence;
- content of a sexual nature involving identifiable persons without their consent, or any child sexual abuse material;
- schemes involving disinformation, fraud, phishing or scams (including "CEO fraud" or voice impersonation);
- interference with electoral or democratic processes;
- any use contrary to law, public order or morality, or infringing the rights of third parties;
- the circumvention of security, watermarking or traceability measures put in place by the Publisher.
The Publisher reserves the right to suspend or delete any content and any account in the event of a breach, without notice or compensation, and to report any unlawful use to the competent authorities.
6. Reporting of unlawful content and moderation
The Publisher carries out no systematic prior review of content uploaded or generated by Users and does not access it in the normal course of the Service, out of respect for the confidentiality of their data. It acts after the fact, upon receiving a report or upon becoming aware of manifestly unlawful content.
Any person, and in particular a Depicted Person, may report content that infringes their rights (likeness, voice, privacy) or any unlawful use by writing to abuse@incarneo.com, specifying the content concerned and the grounds for the report. The Publisher reviews reports within a reasonable time and may remove the content, suspend the access concerned and, where appropriate, inform the competent authorities.
7. Compliance with the European AI Regulation (AI Act)
The Service is subject to the provisions of Regulation (EU) 2024/1689 (the "AI Act") relating to AI systems that generate synthetic content. Accordingly:
- generated audio and video content constituting a "deepfake" must be accompanied by clear and visible information indicating that it has been artificially generated or manipulated (transparency obligation, Article 50 of the AI Act);
- the Publisher applies a technical marking (metadata and/or watermark) to generated content indicating its artificial origin and enabling its traceability; the User shall not alter, conceal or remove it;
- a User who distributes generated content is responsible for complying with the obligation to inform the public of its artificial nature, according to the context of distribution;
- the User shall refrain from any use falling within the prohibited AI practices (manipulation, exploitation of vulnerabilities, social scoring) within the meaning of the AI Act.
8. Intellectual property
8.1 Ownership of the Service
The Service, its software components, its interface and its trademarks remain the exclusive property of the Publisher. No assignment of rights is granted beyond a personal, non-exclusive and non-transferable right of use, limited to the period during which the Service is used.
8.2 User content
The User retains ownership of their uploaded content and of the generated content. The User grants the Publisher a non-exclusive licence limited to hosting, technical processing and the provision of the Service (in particular the execution of computations on GPU infrastructure). This licence ends upon deletion of the content, subject to technical backups and statutory retention obligations.
The User is free to exploit the generated content, including for commercial purposes, subject to compliance with these Terms, the applicable regulations and the rights of third parties (in particular those of Depicted Persons).
9. Credits and billing
Use of the Service consumes credits expressed in minutes of audio or video generation, purchased in packs. The terms of purchase, pricing and refunds are set out in the Terms of Sale. Where applicable, credits are pooled within an Organisation.
The Publisher may grant free credits (in particular upon registration or for promotional purposes). Such complimentary credits are neither refundable nor convertible into cash and may be modified, suspended or withdrawn at any time by the Publisher.
10. Availability and liability
The Service is provided "as is", within the limits of the technical resources available. As processing is carried out asynchronously on computing resources, the Publisher does not guarantee any specific generation time or any result matching a subjective expectation.
The Publisher shall not be held liable for: content created by Users; the use made of it after generation; infringements of third-party rights resulting from content uploaded or distributed by the User; interruptions of the Service beyond its control. Should the Publisher's liability be established, it shall be limited to the amount of credits consumed in respect of the disputed service.
11. Indemnification
The User shall indemnify and hold the Publisher harmless against any claim, action or judgment brought by a third party (in particular a Depicted Person) arising from a breach of these Terms, and in particular of the warranties and obligations set out in Article 4. The User shall bear all resulting financial consequences, costs and damages.
12. Personal data
The processing of personal data, including biometric data (voice, likeness), is described in the privacy policy, which forms an integral part of these Terms.
13. Suspension and termination
The Publisher may suspend or terminate a User's access in the event of a breach of these Terms, unlawful use or a risk to the Service or to third parties. The User may freely close their account at any time from their account area. Closure results in the deletion of content under the conditions set out in the privacy policy.
In the event of termination following a breach by the User (in particular unlawful use), any paid credits not yet consumed are forfeited, without prejudice to any damages the Publisher may be entitled to claim.
14. Amendments to the Terms
The Publisher may amend these Terms at any time. Users are informed of substantial amendments by appropriate means. Continued use of the Service constitutes acceptance of the version in force.
15. Governing law and jurisdiction
These Terms are governed by French law. Failing an amicable resolution, any dispute shall fall within the jurisdiction of the French courts, subject to the rules applicable to consumers where relevant. These Terms are a translation provided for information purposes only: in the event of any discrepancy, the French version alone shall prevail. For any questions: contact@incarneo.com.