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 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: 

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:

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:

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:

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 support@geocomix.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 support@geocomix.com. 

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

9.2. Particular responsibility of the Rightful Owner

9.3. Responsibility of Actialuna

9.4. Limit of responsibility of Actialuna

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: 

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/.