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These Terms of Service & Usage Policy (“Terms”) apply to the use of the New Diffusion AI SaaS platform and website.
New Diffusion AI provides an AI-powered fashion image generation platform for product images, packshots, campaign visuals, model-based imagery, avatars, twin models and related creative workflows.
The New Diffusion AI platform is a business-to-business SaaS platform.
The platform is not publicly available and may only be used after a written agreement has been concluded between the Customer and New Diffusion BV.
The agreement defines the specific services, pricing, usage rights, users, credits, workflows, deliverables and contract duration.
If there is a conflict between these Terms and a specific written agreement, the written agreement will prevail.
During the term of the agreement, New Diffusion grants the Customer a limited, non-exclusive and non-transferable right to use the platform within the agreed scope.
The platform may only be used by authorised users acting on behalf of the Customer.
The Customer may not resell, sublicense, share or make the platform available to third parties unless this has been expressly agreed in writing.
Access to the platform is provided through a username and password or another login method made available by New Diffusion.
The Customer is responsible for ensuring that only authorised users have access to the platform.
The Customer and its users must immediately notify New Diffusion in case of suspected misuse, loss of credentials or unauthorised access.
The Customer is responsible for all activity carried out through its user accounts.
New Diffusion may suspend or restrict access to an account if it reasonably suspects misuse, unauthorised access, a security risk or a breach of these Terms.
The Customer may upload or submit content such as product images, model images, reference images, prompts, logos, brand materials, styling instructions and other creative materials.
The Customer remains responsible for all content uploaded to the platform.
By uploading content, the Customer confirms that it has all necessary rights, permissions and authorisations to use that content, including where relevant:
The Customer may not upload unlawful, unauthorised, infringing, misleading or harmful content.
The platform may generate images or other visual outputs based on the Customer’s uploads, prompts and settings.
Subject to full payment and compliance with the agreement, the Customer may use the generated outputs for its own business purposes, such as e-commerce, marketing, campaign production and internal creative workflows.
The Customer is responsible for reviewing all generated outputs before publication or commercial use.
AI-generated outputs may contain errors, distortions, artefacts, incorrect product details or unexpected results. New Diffusion does not guarantee that outputs are error-free, unique, legally cleared or suitable for every intended use.
The Customer retains its rights to the content it uploads to the platform.
The Customer does not acquire ownership of New Diffusion’s SaaS, AI systems or underlying technology.
New Diffusion may process Customer content to provide the agreed services, execute AI workflows, generate outputs, troubleshoot issues, maintain security and provide support.
New Diffusion will not use Customer content containing personal data to train public AI models unless this has been clearly agreed in writing.
The Customer may not use the platform to create, upload, generate or distribute content that:
New Diffusion will use reasonable efforts to keep the platform available and functional.
However, New Diffusion does not guarantee uninterrupted or error-free access. Temporary unavailability may occur due to maintenance, updates, security measures, technical issues, third-party infrastructure or GPU capacity.
New Diffusion may update, improve or modify the platform when necessary, provided that such changes do not materially reduce the agreed core functionality.
Fees, payment terms, credits, usage limits and billing arrangements are defined in the written agreement, offer, order form or invoice between the Customer and New Diffusion.
Access to the platform may be suspended in case of non-payment or breach of the agreement.
The processing of personal data is described in New Diffusion’s Privacy Policy.
Where New Diffusion processes personal data on behalf of the Customer, a separate Data Processing Agreement may apply.
The Customer remains responsible for ensuring that personal data uploaded to the platform is processed lawfully.
To the maximum extent permitted by law, New Diffusion is not liable for:
New Diffusion remains liable where liability cannot legally be excluded.
New Diffusion may suspend or terminate access to the platform if:
After termination, the Customer’s access to the platform ends.
These Terms are governed by the laws of Belgium, unless mandatory law provides otherwise.
Any disputes shall be submitted to the competent courts of Bruges, Belgium, unless mandatory law provides otherwise.