General Terms of Use

1. General Information – Legal Notices

Enginn Technologies websites and web applications are published by Enginn Technologies, a simplified joint stock company with a registered capital of 52,761 euros, registered with Paris’ Trade and Companies Registry under number 888 384 252, whose registered office is located at 42 rue Monge, 75005 Paris, France and whose VAT number is FR 71 888 384 252 ("Enginn Technologies"). Publishing director is Yann Hourdel.

Enginn Technologies is a software company that uses artificial intelligence to synthesize human quality voices for video games.

It publishes a website www.enginn.ai which is hosted by Netlify, a company whose headquarters are located at 610, 22nd Street, Suite 315, San Francisco, California 94107.

The web application app.enginn.tech is hosted by Amazon Web Services EMEA SARL ("AWS Europe"), whose registered office is located at 5 rue Plaetis, 2338 Luxembourg.

2. Definitions

Terms and expressions beginning with a capital letter have the following meaning, whether used in the singular or plural:

- "API": means the application programming interface designed for developers that can respond to http requests.

- "Desktop Application" means the application software developed by Enginn Technologies that can be installed on a terminal.

- "GTU": means the general terms and conditions of use and any supplementary documents.

- "Login Credentials": means the e-mail address and password allowing each User to log in to his or her Personal Account.

- "Personal Account": means the account created by each User in order to access the Services.

- "Service": means the service(s) offered by Enginn Technologies via the API, the Desktop Application and/or the Web Application, which allows any User to generate Synthetic Voice Audio Files.

- "Software" means the software developed by Enginn Technologies that is accessible via the API, the Desktop Application and/or the Web Application and that allows text to be transformed into audio files (recorded with voices synthesized from human speech).

- "Software License": means the contract entered into as a result of acceptance of these GTU, which authorizes the User to use the Solution under the conditions described herein.

- "Solution" means all the technology developed (including the Software) and Services offered by Enginn Technologies via the API, the Desktop Application or the Web Application.

- "Synthetic Voice Audio Files": refers to the digital audio files in WAV, OGG or MP3 format, generated by Users thanks to the Solution

- "User" means any person, using the Solution to generate Synthetic Voice Audio Files under this Software License.

- "Web Application": means the application software developed by Enginn Technologies in a web version available on app.enginn.tech.

- "Website": means the Internet site accessible at the address www.enginn.ai, for the Web Application, from the address app.enginn.tech, as well as all their sub-domains and all its elements and content (graphic charter, frames, banners, images, web and video animations, source code, etc.).

3. Purpose and Acceptance of the GTU

The purpose of the GTU is to define the general conditions of use of the Website, the API, the Desktop Application and the Web Application.

The use of the Enginn Technologies Solution and the creation and use of the Synthetic Voice Audio Files are subject to the acceptance of these GTU, which constitute the Software License Agreement

When creating a Personal Account, the User is invited to read and accept the GTU before continuing to use the Solution. Acceptance of the GTU is full, complete, indivisible and unconditional.

Enginn Technologies reserves the right to adapt or modify at any time the terms of the GCU, the features offered on the Website and the Application or their operating rules.

4. Presentation of the Activity and Services of Enginn Technologies

Enginn Technologies is a software editor that provides Users with the Solution in order to allow Users to create, from texts they write or upload, Synthetic Voice Audio Files.

The Synthetic Audio Files are available in WAV, OGG or MP3 formats.

The Enginn Technologies Solution is composed of a technology including software and equipment allowing the following Services to be offered:

- Creation by the User of a Personal Account allowing access to the Service thanks to a Token generated by Enginn Technologies, the User can upload a profile image of his choice;
- Creation by the User of projects, alone or in collaboration with other users, the User being able to upload an image of his/her choice for the banner of each project.
- Creation by the User of characters and dialogues, the User being able to upload an image of his choice for the avatar of each character, and being able to choose in particular the age and sex, the tone and the sound effects of the voice of the characters thus created.
- Generation of Voice Audio Files in the audio format selected by the User, with a choice of resolution (16 or 32 bits) and sampling frequency (44.1 KHz, 22.05 KHz or 16 KHz).
- Export of Synthetic Voice Audio Files created by the User through a download link activated by the User (in Web Application version)
- With the Desktop Application, possibility for the User to save some configuration parameters on his hard disk and to export Synthetic Voice Audio Files directly on his hard disk in the folders selected by him; and
- A help center for any questions related to the Services provided by Enginn Technologies.

Enginn Technologies has no control whatsoever over the content of the text or avatars uploaded by Users.

Enginn Technologies cannot guarantee that the Website, the Web Application, the Desktop Application, the API and the Services will be accessible at all times without interruption or failure, and access to them may be suspended for reasons including, but not limited to, upgrade or corrective maintenance, technical or computer difficulties or circumstances beyond the control of Enginn Technologies.

Enginn Technologies does not warrant that the Website, the Web Application, the Desktop Application, and the API will be free from defects, errors or bugs, or that the Website or the Application will be compatible with the User's equipment or configuration.

5. Personal Account

In order to access all Services, the User must first create a Personal Account. On this occasion, the User must provide information on the Web Application to identify himself/herself (last name, first name), communicate a valid email address, which shall serve as a login, and choose a login password (together, the "Identification Elements").

The User is required to update his Identification Elements and agrees not to communicate incorrect or false information when creating or updating his Personal Account.

The Login Information is specific to the User and reserved for his personal use. Consequently, the User undertakes not to communicate the Login Information to a third party. In any case, any act performed with the User's Login Information will be considered as having been performed by the User and under his responsibility. The User therefore acknowledges that he/she is fully responsible for the use of his/her Login Information or Personal Account.

In the event of unauthorized use of a User's Login Information or Personal Account by a third party, Enginn Technologies shall not be liable to the User concerned and the User must inform Enginn Technologies of this situation without delay by e-mail to support@enginn.tech.

The User may request the deletion of his Personal Account at any time by sending a request to this effect by e-mail to Enginn Technologies' customer service department at support@enginn.tech.

6. Software License Agreement / Terms of Use of the Solution

This Software License is granted on a personal, non-transferable and non-exclusive basis, for a term depending on the subscription, renewable by tacit agreement, worldwide.

All Synthetic Voice Audio Files created by the User under the Software License are and remain the property of ENGINN TECHNOLOGIES. They may be used/exploited by the User for the entire duration of the Software License, provided that the use of the Synthetic Voice Audio Files is in accordance with these GTU.

The right of use granted includes:

- the delivery by Enginn Technologies of the Token allowing the activation of the Personal Account;
- the right to make a backup copy of the Software.

The User shall not use the Software other than in accordance with its documentation and these GTU. The User may not reproduce, translate or modify the Software and its documentation, in whole or in part. In view of the strictly personal nature of this License, the User may not assign or transfer to a third party, even free of charge, all or part of the rights granted under this License.

The User also agrees not to directly or indirectly :

- allow a third party (whether by license agreement or otherwise) to use, reproduce or modify the Software;
- use the Software to develop or allow the development of works derived from all or part of the elements comprising the Software.

Any violation of this agreement will result in the payment of a penalty equal to 10% of direct and indirect gross revenues generated by the video game or multimedia work in which the Synthetic Voice Audio Files were incorporated, or by the works derived from all or part of the elements comprising the Software.

It is understood that Enginn Technologies gives no warranty hereunder, the Software being provided as is on the date of acceptance of these GTU.

Enginn Technologies declares that it has all the rights necessary to grant the right of use hereunder.

Maintenance: Enginn Technologies does not undertake any curative or evolutionary maintenance under this license.

7. Obligations of the User – Guarantees

The User guarantees that he/she has sufficient rights (in particular with regard to copyright) over the content that he/she uses to create characters in the Solution, in particular the avatars that he/she uploads, and the texts that he/she provides with a view to creating the Synthetic Voice Audio Files. He/She undertakes not to insert any personal data in the texts. The User guarantees Enginn Technologies against any recourse resulting from the use of the aforementioned contents.

The User undertakes not to use the Application, the Website and the Services offered therein for illegal or fraudulent purposes or in a manner that contravenes public order or morality or that is in any way detrimental to Enginn Technologies or any third party. The User must also refrain from any act of piracy in any form.

In case of collaboration with other users on a project created by another user, the User agrees to assign all his/her rights to the other user on the content he uploads.

In the event of a breach by the User of any of the provisions of the GTU, Enginn Technologies reserves the right to unilaterally delete the User's Personal Account, without compensation, after sending a formal notice to the User at the email address provided in the User's Personal Account which has remained unsuccessful for forty-eight (48) hours from the date of sending.

The User expressly authorizes Enginn Technologies to create and retain without limit of time raw files of the Synthetic Voice Audio Files as well as any archive file created by Enginn Technologies in the context of export operations of Synthetic Voice Audio Files.

8. Enginn Technologies' Liability – Limitations

Enginn Technologies is only bound by an obligation of means (not of result) in the context of the Services it provides.

Within the framework of this obligation of means, it undertakes to keep the information contained in the Synthetic Voice Audio files confidential and to ensure that its employees and agents who may have access to the Synthetic Voice Audio files enter into such an undertaking.

In any event, Enginn Technologies' liability is expressly limited to the amount paid by the User under the License.

In no event shall Enginn Technologies be liable for any unforeseeable, indirect or consequential damages such as, but not limited to, loss of profits, loss of revenue, loss of business opportunities, loss or damage to brand or reputation, etc.

Similarly, Enginn Technologies shall not be liable for (i) the total or partial inability to access the API, Desktop Application or Web Application or to use the Services offered therein due to an electronic communications operator and/or access provider (ii) a fault or negligence of the User or an incompatibility of the equipment used by the User or its configuration with the Website, the API, the Desktop Application or the Web Application or the Services offered, (iii) the fact of a third party or third party software, or (iv) an event of force majeure, including the interruption of telecommunications means for any reason whatsoever.

9. Personal Data

The personal data communicated by the User in order to use the Solution enables Enginn Technologies to manage the relationship with the User, to provide the Services offered, and to send commercial offers to the User where appropriate. The data required by Enginn Technologies are the last name, first name and e-mail address. If these mandatory details are not provided, the Personal Account cannot be created.

Enginn Technologies is data controller of the data collected on the Desktop Application, the Web Application and the API.

The recipients of the data are Enginn Technologies, and its subcontractors. The User expressly agrees that his personal data may be stored, processed and transferred by Enginn Technologies to its subcontractors, including in other countries of the European Union, who may however only access this personal data for the purposes of providing the Services and in compliance with the legal and regulatory provisions in force.

In accordance with Article L. 223-2 of the French Consumer Code, the User is informed that if he or she does not wish to be the subject of commercial prospecting by telephone, he or she may register on the telephone canvassing opposition list, available at www.bloctel.gouv.fr.

In accordance with Law No. 78-17 relating to information technology, files and freedoms of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, the User has the right to access, rectify, modify, oppose, delete, erase, limit the processing of, and port personal data concerning him or her, as well as the right to define directives relating to the fate of his or her personal data after death. The User may exercise this right by sending a letter to the Enginn Technologies customer service department at 42 rue Monge, 75005 Paris or a request by e-mail to support@enginn.tech. Any such request is free of charge, does not have to be justified and may be made at any time, including after the collection of the User's personal data. However, it must be signed, accompanied by a photocopy of the User's identity card bearing his or her signature, and specify the address to which the reply should be sent. A reply will be sent to the User within two months of receipt of the request.

The personal data communicated by the User when using the Enginn Technologies’ Website or Application are kept by Enginn Technologies for a period not exceeding that necessary for the purposes for which they are processed, and in accordance with the legal and regulatory provisions in force. At the end of this period, all personal data provided by the User will be automatically deleted.

When consulting the Website, information relating to the User's navigation may be recorded in cookie files installed on the User's computer or mobile terminal, subject to the choices expressed by the User, which may be modified at any time. For more information on the type of cookies used on the Website, the purpose of each of them and the means of opposing and configuring these cookies, the User is invited to consult the Cookies page on the Website, by clicking on the "Cookies" link.

10. Intellectual Property

Enginn Technologies is the exclusive owner of the intellectual property rights relating to the Webite, the Desktop Application, the Web Application, the API and their contents (graphic charter, texts, illustrations, videos and images, whether visual or sound, databases, trademarks, logos, domain names, etc.).

Any representation, reproduction, modification, adaptation, translation, publication, exploitation of all or part of the Website or of the Desktop Application or the Web Application or the API or of the elements or data that make it up is formally forbidden without the prior written consent of Enginn Technologies.

The use of hypertext links and/or hyperlinks to the Website is permitted by Enginn Technologies provided that such use is for the sole purpose of promoting Enginn Technologies and provided that the integrity of the Website is maintained and that there is no risk of confusion between the Website and websites published by third parties. Any other use is prohibited without the prior written consent of Enginn Technologies.

In particular, Enginn Technologies formally prohibits any User to use the techniques known as "framing", "inline linking" and "deep linking" involving the unauthorized slavish reproduction of the content of the Website and its integration on web pages published by third parties.

11. Applicable Law – Jurisdiction

The present GTU are governed, interpreted and submitted to the French law.

Any dispute relating to the GTU or to the Services offered and/or subscribed via the API, the Web Application or the Desktop Application that cannot be resolved amicably shall be submitted to the exclusive jurisdiction of French courts.

The original version of these GTU was written in French before being translated into other languages, if necessary. These translations are provided as a courtesy and for information purposes only. In the event of a dispute over the content or interpretation of the GTU or in the event of inconsistency or difference between the French version and a translated version, the French version shall prevail and be binding unless otherwise provided by national law.

12. Miscellaneous Provisions

12.1. Partial Invalidity

If one or more of the provisions of the GTU are held to be invalid or declared as such by a law, regulation or final decision of a competent court, the remaining provisions of the GTU shall remain in full force and effect.

Enginn Technologies shall replace the invalidated provision(s) with a provision having equivalent economic effect.

12.2. Non-Waiver

The fact that Enginn Technologies does not take advantage at a given time of one of the stipulations of the GTU can in no way be considered as a waiver on its part to take advantage later of any of the stipulations of the GTU.

12.3. Electronic Exchanges

By using the Website and / or Application, the User agrees that communications and exchanges with Enginn Technologies and contractual documents are made in electronic format and sent by electronic means. The "OK" button associated with the double-click, authentication and non-repudiation procedure constitutes a valid electronic signature.