Terms and Conditions of Use
Last updated on Wednesday 15 September 2021.
These Terms supersede all previous versions.
The Terms and Conditions of Use (hereinafter the "T&C"), subject of the present document, are concluded between :
- • Actialuna (hereinafter "Actialuna"), a simplified joint stock company with a share capital of €64,985, whose registered office is located at 5, place des Coureauleurs, Le Gabut - Bât J, 17000 LA ROCHELLE (FRANCE) and registered in the La Rochelle Trade and Companies Register under number 520 830 357; acting within the framework of the present document in its capacity as developer of the "Geo Comix" software (hereinafter "Geo Comix"), which is accessible in the form of a web app at the following URL: https://app.geocomix.com/ (hereinafter "The Site") ;
- • the User of Geo Comix (hereinafter "the User") who works on the Site to translate Graphic Novels, Comics and/or Manga in digital form (hereinafter "Digital Files"), and who may be either:
- • A User who transmits to Actialuna Digital Files to be uploaded on Geo Comix, having the full legal capacity of a right-holder (hereinafter "Right-holder");
- • A User who is authorized by the Right-holder to work on the Digital Files on Geo Comix, according to the indications provided by the Right-holder to Actialuna.
Actialuna alone reserves the right to modify these T&C at any time, depending on the evolution of the services offered on the Site. The User is invited to consult them regularly in order to be informed of the most recent changes.
The use of the Site, and the prior validation of Actialuna's estimate by the Right-holder, imply full acceptance of the T&C in force. No waiver by a User of these T&C may be invoked against Actialuna.
Article 1: Main features of Geo Comix
For the User, the main functions of Geo Comix are:
- 1. A translation interface that allows to navigate in the Digital Files to work on the translation of the transcribed texts (including handwritten texts) by the Artificial Intelligence (hereinafter "AI") developed by Actialuna in partnership with the University of La Rochelle (see Article 9.3).
- 2. An automatic translation function via the DeepL™ API, that the User can request if desired directly in the Geo Comix interface.
- 3. A collaborative annotation function that allows Users to comment and exchange information on the translation of a Digital File.
- 4. An export function for data extracted and/or produced by Users in:
- • CSV
- • XSLX (Microsoft™ Excel™)
- • JSLX for Adobe InDesign™
- 5. An import function in Adobe InDesign™ allowing to import:
- • Translations made in Geo Comix;
- • The typographical formatting of the translations (bold, italic...) correctly made in the geometry of the comic book (boxes, bubbles), managing a shift of pages between the original version and the new edition containing the translation, provided that the body of the story is the same;
- • Users' annotations.
Article 2: User account
2.1. Creation of the User Account
To date, Geo Comix operates in private access.
Actialuna therefore ensures the creation of the account (hereinafter the "User Account") based on the email address transmitted by the Right-holder, to which Actialuna associates a unique password randomly generated.
Actialuna is then responsible for transmitting the User's identifiers.
The User is solely responsible for the confidentiality of the login and password required to connect to his User Account. It is therefore up to the User to take all appropriate measures to prevent third parties from learning of them.
Actialuna shall in no way be held responsible for fraudulent or abnormal use of personal identification data by Users.
The autonomous creation of a User Account will be made possible when Geo Comix will go from private to public access.
2.2. Access rights of the User to the Digital Files
The Right-holder may request at any time that one or more Users be given access to one or more of its Digital Files.
Actialuna shall carry out the additions and/or withdrawals of access requested by the Right-holder within a maximum of 3 (three) working days.
Actialuna shall delegate to the Right-holder the possibility of managing access rights autonomously when Geo Comix will go from private to public access.
Article 3: Management of Digital Files
3.1. Digital File Transfer
To date, the User transmits its Digital Files to Actialuna electronically, via the secure FTP server provided by Actialuna.
Preferably, the formats of the Digital Files transmitted should be either:
- • PDF
- • PDF web
- • PDF printer including vectorized cut lines.
- • PDF including vector text or not.
- • Numbered and perfectly ordered image list (JPEG, TIFF, GIF, PNG, PSD)
- • CBZ, CBR
- • EPUB 3 "image"
In the event that a Digital File is provided to Actialuna in another format, it shall be subject to prior study and, if necessary, to a specific estimate.
The Geo AI has the ability to process low resolution files, but this can affect the results produced, especially in terms of text rendering. Therefore, the required specifications for Digital Files are as follows:
- • Comic book panel images of at least 5 Megapixel (example: 2000 × 2500 px);
- • Images that meet the minimum standards of the printing industry, i.e. images at a scale of 1 of 300 dpi for color and 1200 dpi for bitmap;
- • Very high resolution images or Masters.
To date, all comic book content can be processed by Geo AI, with the exception of Webtoon.
3.2 Quality control and provision of Digital Files
Actialuna performs a quality control on the Digital Files.
This does not guarantee that the Geo AI analysis will be 100% perfect, and the User may have to add areas to be translated via the function dedicated to this purpose on Geo Comix ("+" button / Add a bubble). Nevertheless, Actialuna ensures that the algorithms allow for the correct rendering of at least 95% of the data.
Provisions are made in Article 4.2, in the event that a Digital File should completely fail the Geo AI algorithms, i.e. that it cannot be analyzed with a satisfactory degree.
The Digital Files are made available by Actialuna, after quality control, according to the following deadlines:
- • Up to 5 (five) Digital Files simultaneously: 5 (five) working days maximum.
- • More than 5 (five) Digital Files: the Right-holder shall indicate to Actialuna the priority of the Digital Files to be imported. Actialuna will make its best efforts to deliver them as soon as possible.
The Right-holder is informed as soon as they are put online, on his account and/or on that of the User(s) concerned.
3.3. Deleting Digital Files
In the event that the Right-holder requests the removal of one or more Digital Files from Geo Comix, Actialuna shall ensure their removal within 5 (five) working days.
The Right-holder grants Actialuna the right to keep a copy of the Digital Files on its servers for historical purposes, and for Research and Development purposes to improve Geo AI. Actialuna undertakes not to use said Digital Files for commercial purposes.
The Right-holder may, however, request total removal of the Digital Files from Actialuna's servers by sending a request to email@example.com. Actialuna shall ensure the total removal required by the Right-holder of each Digital File within 30 (thirty) working days.
Article 4: Commercial Conditions
4.1. Commercial offer
To date, any use of Geo Comix is subject to the validation by the Right-holder of the estimate previously transmitted by Actialuna.
Actialuna may offer one or more free tests to allow the User to test Geo Comix.
The estimate describes the commercial conditions allowing the Right-holder access and use of Geo Comix, as well as the payment terms.
Any delay or incomplete payment of the invoice issued on the basis of the validated quotation may result in the suspension of the User's access to Geo Comix, as well as any debt collection action.
4.2. Special compensation
The artistic diversity of comics can, on rare occasions, make the Geo AI algorithms fail, despite the quality control performed by Actialuna.
If the percentage of 95% of the detected structures (bubbles, texts...) is not reached, then a compensation is set up by Actialuna. Actialuna commits to compensate the Right-holder in the form of free credits to be used on future Digital Files.
Such contents will require a new training of the AI algorithms, without Actialuna being able to give a deadline for the resolution.
Furthermore, Actialuna reserves the right to refuse to process, until the problem is fully resolved, Digital Files of the same nature, i.e. Digital Files whose artistic characteristics Actialuna judges to be capable of challenging the algorithms in a similar manner (for example, a Digital File by the same drawer).
This exceptional compensation provision does not apply to a Digital File that fails the algorithms for a reason other than artistic. In particular, in the case of a Digital File that does not meet the specifications required in Article 3.1.
Article 5: Availability of services
The Site is normally accessible to the User 24 hours a day, 7 days a week, all year round, except in cases of force majeure and maintenance operations.
However, Actialuna reserves the right, in case of urgent necessity and without prior notice or compensation, to temporarily close access to its services without being held responsible for damages of any kind that may occur as a result.
Temporary interruptions of services will, as far as possible, be notified to Users 24 (twenty-four) hours before they occur, except when they are of an emergency nature.
Actialuna will make its best efforts to restore access to its services as soon as possible and communicate in advance of any interruption in service.
Article 6: Assistance
Support to Users is provided by email via firstname.lastname@example.org.
It is divided into 3 (three) levels:
Level 1: concerns the technical answers given to Users on the use of Geo Comix. Actialuna undertakes to respond to Users within 2 (two) working days.
Level 2: concerns problems of configuration and parameterization of Geo Comix. Actialuna undertakes to respond to Users within 2 (two) working days.
Level 3: concerns anomalies and corrections of Geo Comix code. Level 3 is treated as a priority, and Actialuna undertakes to use all means at its disposal to correct blocking anomalies as soon as possible.
Article 7: Data Processing and Liberties
In accordance with the law n°78-17 of January 6, 1978 relating to data processing, files and freedoms, Actialuna has made a declaration to the Commission Nationale de l'Informatique et des Libertés (CNIL) dated October 24, 2013, registered under n°1713809.
The personal information and personal data concerning the User are subject to automated processing. They are necessary for the management of the commercial relationship between the User and Actialuna. They will be kept for a maximum period of 3 years from the last contact by the User.
Geo Comix does not collect any personal data except the email address for the creation of the account. A Charter for the Protection of Personal Data will be set up later in case of collection of data necessary for the functioning of Geo Comix.
As specified in Article 1, Actialuna uses the paid API of DeepL™ to offer an automatic translation service. It is specified that DeepL™ (https://www.deepl.com/privacy/) only keeps the texts submitted for machine translation for the time it takes to produce and transmit the requested translation.
Article 8: Intellectual Property
The content of the Digital Files on the Site, as well as all the elements disseminated through the Site, whether software, visual or sound, constitute intellectual works within the meaning of Literary and Artistic Property and are protected by law, by the provisions of the Intellectual Property Code in France, and by foreign legislation governing copyright and related rights, trademark law, design and model law, and patent law.
The said data, information and contents may not be reproduced, modified, transmitted, broadcast, translated, sold, commercially exploited or reused in any way whatsoever without the prior, express and written consent of Actialuna.
Likewise, Actialuna does not acquire any right on the Digital Files transmitted by the Right-holder.
Any violation of the copyright is constitutive of a counterfeiting offence sanctioned in France by the article L.335-2 of the Code of the Intellectual Property and punished by two years of imprisonment and 150 000 € of fine.
In addition, the corporate names, trademarks, domain names and logos contained on the Site are the property of Actialuna and its partners. They are protected by the Industrial Property and cannot be used without their prior, express and written authorization.
Article 9: Responsibility
9.1. Responsibility of the Users
- • The User is solely responsible for the use made of the Digital Files and the data exported on and off Geo Comix, in particular through the export function.
- • Any use outside the framework defined in the present T&C, or without the agreement of the Right-holder, would be considered as an act of counterfeiting, which would expose the User to legal, civil or penal proceedings within the framework of the legislative and regulatory provisions in force.
- • Users are solely responsible for validating the final translation of each Digital File, and for the lettering that follows after exporting it outside Geo Comix. Actialuna can in no way be held responsible for any error in the final translation, whether it results from a human error on the part of a User, or from an error of the Geo AI in the detection of bubbles and/or texts. It is indeed reminded that Artificial Intelligence cannot guarantee 100% positive results, and that it must be considered above all as an aid to human translation work. It can therefore in no way replace it. Users remain solely responsible for the work facilitated and accelerated by Geo Comix.
9.2. Particular responsibility of the Rightful Owner
- • The Right-holder guarantees that he has acquired the necessary authorizations for the exploitation of the Digital Files in the context of their use on Geo Comix.
- • The Right-holder warrants that he has not introduced into the Digital Files any reproduction, reminiscence or element of any kind that may infringe the rights of a third party. The Right-holder guarantees Actialuna against all claims, demands, evictions or recourses from any third party who claims that the use of the Digital Files in the context of Geo Comix violates his literary and artistic property rights.
- • In some countries, the laws in force prohibit and/or restrict free access to certain works. The Right-holder undertakes to check that, under the law of the place where the User is located, there are no similar prohibitions or restrictions concerning access to the Digital Files.
- • The Right-holder vouches for the Users to whom he wishes to give access to his Digital Files. Any failure by a User to meet its obligations under these T&C shall therefore be attributable to the Right-holder, who is responsible for it, in the context of the direct contractual relationship between the Right-holder and Actialuna.
9.3. Responsibility of Actialuna
- • Actialuna undertakes to make Geo Comix available to Users in accordance with the provisions specified in these T&C. Actialuna reserves the right to make any changes and improvements to its services that it deems necessary. Furthermore, Actialuna reserves the right without prior notice or compensation to permanently discontinue any or all of its services, and will not be liable for any damages of any kind that may occur as a result.
- • Actialuna will make its best efforts to guarantee the best quality of service, including the results provided by the Geo AI. However, Actialuna is only bound by an obligation of means.
- • Actialuna is a high-tech company which works on the improvement of its Geo AI in partnership with the University of La Rochelle, within the framework of a Joint Laboratory co-financed by the National Research Agency: the "Sequential Art Image Laboratory" (hereafter "S.A.I.L."). As such, the researchers of the S.A.I.L. have access to the Digital Files to ensure their analysis by the Geo AI. Actialuna fully guarantees the University of La Rochelle, and undertakes to ensure that the Digital Files cannot be exploited outside the framework of Geo Comix.
9.4. Limit of responsibility of Actialuna
- • Actialuna cannot be held responsible for any damage resulting from the use of the Internet network such as, but not limited to: loss of data, service interruption, access speed, fraudulent use by third parties of any information made available by Users on the Site, or any other involuntary problem. It is also the User's responsibility to take all appropriate measures to protect his data and software from contamination by computer viruses.
- • Actialuna may not be held liable for the illicit nature of access to Digital Files or for the use made by the User of said Digital Files.
- • In the event that Actialuna's liability is incurred as a result of a breach of one of its obligations under the T&C, compensation shall apply only to direct, personal and certain damages, to the express exclusion of compensation for any indirect and immaterial damages and/or prejudices.
Article 10: Confidentiality
The User and Actialuna acknowledge that any confidential commercial or technical information communicated from one party to the other will be kept strictly confidential and will not be distributed or disclosed to a third party without the express written consent of the communicating party.
It is reminded that Actialuna also ensures the confidentiality of data relating to the Digital Files transmitted to the University of La Rochelle within the framework of the S.A.I.L.
This obligation of confidentiality will not apply to information:
- • that will be disseminated to the public through no fault or breach of confidentiality of the party to whom the information was communicated;
- • that has been disclosed to a party by a third party without breach of confidentiality and without any obligation of confidentiality being specified;
- • that was already in the possession of the Party to whom it is disclosed.
The Right-holder authorizes Actialuna to communicate publicly about its status as a Geo Comix client.
Article 11: Applicable law
The present T&C are subject to French law.
In the event of the invalidity of one of the clauses of these T&C, this clause will be deemed unwritten, and this invalidity will not affect the validity of the other applicable provisions.
In case of dispute and after an attempt to find an amicable solution, jurisdiction is assigned to the courts of PARIS (FRANCE), notwithstanding multiple defendants or warranty claims.
Article 12: Legal information
The Site is published by Actialuna, a simplified joint stock company with a share capital of €64,985, registered with the La Rochelle Trade and Companies Register, and whose registered office is located at 5, place des Coureauleurs, Le Gabut - Bât J, 17000 LA ROCHELLE (FRANCE).
SIREN : 520 830 357
Intracommunity VAT : FR48 520 830 357
The Director of the Publication is Mr. Samuel PETIT, President of Actialuna SAS and Deputy Director of the S.A.I.L. with Jean-Christophe BURIE, on behalf of the Computer Science department L3i of the University of La Rochelle.
Actialuna's servers, and thus the clients' Digital Files, are hosted in France by the OVH Company, located at 2 rue Kellermann, BP 80157, 59100 ROUBAIX (FRANCE).
The automatic translation service is provided via the API of DeepL™ Pro, ensuring the confidentiality of the data transmitted in accordance with the provisions present on https://www.deepl.com/privacy/.