Terms and Conditions

1. Publisher Identity and Contact

• Company name: Beecook
• Legal form: SASU
• SIREN: 902 206 754
• Registered office: 25 RUE DE PONTHIEU, 75008 PARIS, France
• Share capital: N/A
• VAT number: FR77902206754
• Business activity: KidoryBook – creation and sale of personalized digital books (ebooks) for children.
• Contact (Email address): [email protected]
• Phone: N/A
• Web host: N/A

2. Contractual Definitions

• Client: Any person (natural or legal) who places an order via the KidoryBook platform.
• Publisher (or Platform): Beecook, responsible for the Service.
• Service: The software solution (SaaS) enabling the design, customization and delivery of the children's ebook.
• Product: The personalized digital ebook delivered to the Client (PDF/EPUB format).
• Order: The finalized contractual agreement between the Client and the Publisher via the platform.
• Party(ies): Refers to the Client and/or the Publisher.

3. Purpose and Scope of Application

These Terms of Sale are intended to define the terms and conditions for the provision of the Service and the sale of the Product by the Publisher to the Client. The act of placing an Order implies full and unreserved acceptance of all of these Terms of Sale.

4. Order Process

The contract is formalized in four main steps:

1. Customization: The Client selects the Product and provides the necessary elements for its customization (name, photo, text, theme, etc.).
2. Validation: The Client confirms the content of their Order after having read and accepted these Terms of Sale and the pricing conditions.
3. Payment: Payment is made online via a secure interface (see Section 5).
4. Conclusion of Contract: The contract is deemed concluded upon effective receipt and validation of payment by the Publisher, followed by sending the Order confirmation email.

5. Pricing and Payment Terms

• Payment Terms: Payment is due at the time of Order and is made online via secure systems (e.g. Stripe / PayPal / bank transfer).

6. Product Delivery

6.1. Digital Product Delivery (E-book)

• Delivery Method: Being a digital product, delivery is made by sending a download link or by granting immediate access to the ebook.
• Timeframe: Delivery is generally instantaneous after payment confirmation, with a maximum timeframe of 24 hours.
• Anomalies: The Client has 7 days after receipt to report any defect or anomaly concerning the delivered ebook.

6.2. Physical Book Production and Delivery (Print)

For offers including physical book printing, KidoryBook partners with professional third-party printers to guarantee optimal quality.

• Production Time: Once the order is validated, the production time is generally 3 to 5 business days.
• Delivery Time: After production, standard delivery takes between 5 and 10 business days depending on the destination.
• Tracking: A tracking number will be sent to you by email as soon as the book is shipped.
• Quality: Our books are printed on premium paper with professional binding ensuring optimal durability.
• Returns: In case of printing defect or damage during transport, please contact us within 14 days of receipt. We will proceed with a replacement or refund as appropriate.

7. Right of Withdrawal

In accordance with article L 221-28 of the Consumer Code, the supply of digital content whose execution has begun with the express consent of the consumer and their explicit waiver of their right of withdrawal does not give rise to a right of withdrawal.

Waiver: The Client acknowledges and accepts that they expressly waive their right of withdrawal as soon as the download link is transmitted or access to the Product is activated.

Commercial note: The Publisher reserves the right to grant, on a purely commercial and discretionary basis, a gesture (refund or exchange).

8. Intellectual Property

• Publisher's Rights: The Publisher holds all intellectual property rights relating to the Service, the platform, and all its constituent elements.
• Client's Rights: The Client is granted a personal and non-exclusive right to use the ordered Product.
• Prohibition: It is strictly forbidden for the Client to reproduce, modify, resell or redistribute the Product without the prior written authorization of the Publisher.

9. Responsibilities

• Publisher's Liability: The Publisher undertakes to provide a quality Service but their liability is strictly limited to direct and proven damages, and cannot exceed the total amount of the Order concerned.
• Client's Liability: The Client is solely responsible for the accuracy and legality of the data (photo, name, text, etc.) they provide for customization.

10. Personal Data Protection (GDPR) and Cookies

• GDPR: Personal data collected for Order processing is managed in accordance with the Publisher's Privacy Policy. The Client has rights of access, rectification and deletion of their data.
• Cookies: The site uses technical and analytical cookies. The Client is informed and has the possibility to manage their consent via the dedicated banner.

11. Modifications to the Terms of Sale

The Publisher reserves the right to modify these Terms of Sale at any time. Only the Terms of Sale in force at the time the Order is placed are applicable.

12. Applicable Law and Dispute Resolution

• Applicable Law: These Terms of Sale are governed by French law.
• Disputes: In the event of disagreement, and after failure of an amicable resolution attempt, the competent courts are those within the jurisdiction of the Publisher's registered office, to which exclusive jurisdiction is attributed.

1. Purpose of the Terms of Use

These terms govern the use of the KidoryBook online service, dedicated to creating personalized ebooks.

2. Service Access

The service is available permanently (24/7), subject to maintenance periods.

KidoryBook reserves the right to suspend access particularly in case of:

• Force majeure.
• Technical problem.
• Abusive user behavior.

3. User Account

The user is required to provide accurate information when creating their account.

KidoryBook may delete any account in case of:

• Proven fraud.
• Violation of these Terms of Use.
• Behaviors deemed inappropriate on the platform.

4. Service Use

The user agrees to:

• Use the service in accordance with its intended purpose and not misuse it.
• Not impersonate a third party.
• Not upload illegal or inappropriate content (including nudity, violence, unauthorized images of minors).

KidoryBook reserves the right to:

• Remove any illegal or inappropriate content.
• Permanently ban a user without notice in case of serious breach.

4bis. Use of Artificial Intelligence - Liability Disclaimers

4bis.1. Technological Nature of the Service

The Client expressly acknowledges and accepts that KidoryBook uses innovative and high-performance artificial intelligence (hereinafter "AI") technologies, including but not limited to:

• Narrative content generation: Use of natural language generation models to create personalized stories.
• Image generation: Use of generative AI models to create illustrations, preserve the child's facial features and generate 3D mockups.
• Algorithmic personalization: Automated processing of data provided by the user (name, age, photographs, theme) to adapt the generated content.

The Service uses artificial intelligence technologies provided by specialized third-party providers for text and image generation. The list of technical subcontractors can be provided upon request. These technologies, although innovative and high-performing, rely on complex algorithmic systems whose results cannot be 100% guaranteed in terms of precision, accuracy, relevance, consistency or conformity to the user's subjective expectations.

4bis.2. Informed Acceptance of Inherent AI Limitations

BY PLACING AN ORDER, THE CLIENT DECLARES, ACKNOWLEDGES AND EXPRESSLY AND UNRESERVEDLY ACCEPTS:

• That content (texts, images, illustrations) generated by AI may present imperfections, inaccuracies, narrative or visual inconsistencies, factual errors, stylistic approximations or graphic defects.
• That the generation quality depends in particular on the quality of data provided by the user (photographs of sufficient resolution, accurate information) and that KidoryBook cannot be held responsible for defects resulting from inadequate provided data.
• That despite the use of advanced facial preservation technologies, the resemblance to the represented child may vary and constitutes only an automated artistic approximation, not an exact photographic reproduction.
• That generated stories may contain unexpected narrative elements, unforeseen turns of phrase or creative choices different from those imagined by the user, as AI operates according to probabilistic parameters.
• That KidoryBook in no way guarantees the perfection, completeness, literary or artistic accuracy, nor the conformity of the final Product to the user's subjective expectations.

4bis.3. Total and Absolute Exclusion of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KidoryBook, its directors, employees, service providers, technology partners and beneficiaries DISCLAIM ALL LIABILITY, of any nature whatsoever (contractual, tortious, quasi-tortious), concerning:

• Generation errors: factual inaccuracies, narrative inconsistencies, syntax or grammar errors, visual defects in AI-generated illustrations.
• Subjective non-conformity: Client dissatisfaction with artistic style, narrative tone, approximate facial resemblance, or any other qualitative aspect of the generated Product.
• Technical failures: software bugs, third-party AI provider service interruptions, extended generation times, processing failures.
• Inappropriate or unwanted content: although KidoryBook implements filtering and moderation measures, the Client acknowledges that AI may, unpredictably and involuntarily, generate unwanted content. KidoryBook commits to correcting or replacing such content upon notification, but cannot be held responsible for their initial appearance.
• Indirect damages: loss of time, disappointment, frustration, moral damage, loss of opportunity, lost profits, or any indirect damage resulting from use of the Service or Product.

The Client acknowledges that these risks are inherent to the experimental and probabilistic nature of artificial intelligence systems and fully and consciously accepts the consequences.

4bis.4. Absolute Limitation of Warranty

The Service and Product are provided "AS IS" and "AS AVAILABLE", without any warranty of any kind, express or implied, including but not limited to:

• Warranty of merchantability.
• Warranty of fitness for a particular purpose.
• Warranty of non-infringement of third-party rights.
• Warranty of specific results or performance.
• Warranty of accuracy, reliability, completeness or currency of generated content.

4bis.5. Liability Cap

In any event, and in the event that KidoryBook's liability would be retained by a competent court despite these exclusion clauses, THE TOTAL AND MAXIMUM LIABILITY of KidoryBook towards the Client, for all damages combined, SHALL IN NO EVENT EXCEED THE AMOUNT ACTUALLY PAID BY THE CLIENT for the Order concerned.

This cap applies even in case of failure of an essential remedy or failure to meet its primary purpose.

4bis.6. Client's Free and Informed Consent

THE CLIENT CERTIFIES having read, understood and accepted the entirety of this clause relating to the use of artificial intelligence. They acknowledge:

• Having been fully informed of the technological nature of the Service.
• Being aware of the limitations and risks inherent to AI systems.
• Accepting in a free, informed and unreserved manner these limitations and risks.
• Expressly waiving any claim, recourse or liability action concerning aspects covered by this clause.

4bis.7. Discretionary Commercial Recourse

Without this constituting a legal or contractual obligation, KidoryBook may, at its sole discretion and on a purely commercial basis, offer the dissatisfied Client:

• Content regeneration with parameter adjustment.
• A credit or voucher usable on a future order.
• A partial or total refund, subject to Client acceptance.

These commercial measures remain optional and cannot be interpreted as an acknowledgment of liability or a binding precedent for future orders.

5. Intellectual Property

• All elements of the platform (content, tools, codes, texts, generated illustrations) are protected.
• The client only has a private use right on the final created ebook.

6. Liability Limitations

KidoryBook disclaims all liability concerning:

• Data losses attributable to the user.
• Network interruptions.
• Errors resulting from improper use of services.
• Content of photographs uploaded by users.

The liability of KidoryBook is limited to the amount invoiced and paid by the user.

7. Service Modifications

KidoryBook is authorized to modify or improve the service at any time, without notice.

8. Applicable Law

These Terms of Use are governed by French law.