Terms of Use

1. Purpose

The purpose of these Terms of Use (« CGU ») is to define the conditions under which the company IXYS (“the Publisher”) makes the Diffusons service (“the Service”) available to the user (“the User”), and the conditions of use of the Service. Access to the Service implies unreserved acceptance of these Terms of Use.

2. Description of the service

Diffusons is an editorial production and orchestration application for content creators. The Service allows in particular: the import and processing of media (removal of the technical data recorded in the files, duplicate detection, format variants, thumbnails, watermarking), non-destructive editing of photos and videos, the management of production sessions, the editorial text library, multi-channel scheduling and publishing, audience management and performance tracking.

Publishing is carried out automatically by the Service on the platforms that allow it: to date X, Telegram, Bluesky, Discord, Reddit, YouTube, Facebook, Instagram, Threads, SoundCloud and Mixcloud. This list evolves with the possibilities offered by the platforms; its current state is published on the Platforms page.

On platforms whose terms of use prohibit automated publishing by a third-party tool — first and foremost OnlyFans — the Service performs no automation and makes no call to those platforms: it is limited to preparing deliverables (ordered media, captions and checklists) which the User publishes manually themselves.

3. Access to the service

The Service is accessible online, subject to an Internet connection and a valid user account. The User is solely responsible for their equipment and connection. The Publisher endeavours to keep the Service available 24 hours a day but cannot be held liable for interruptions due to maintenance, updates or causes beyond its control.

4. User account

• Access to the Service requires strictly personal and confidential credentials.
• The User is responsible for all activity carried out from their account.
• Any fraudulent use or suspected compromise must be reported to the Publisher without delay.

5. User obligations

The User undertakes to use the Service in compliance with the laws and regulations in force. In particular, the User shall not:

• distribute unlawful content, in particular content depicting minors, or content obtained without the consent of the persons concerned;
• infringe the rights of third parties (image rights, copyright, privacy);
• divert the Service from its purpose or disrupt its operation;
• breach the terms of use of the third-party platforms to which they publish.

The User warrants that they hold all the rights and authorisations required (image rights of the persons, location permissions, rights in the works) in relation to the content they import and publish through the Service.

6. User content

The User retains full ownership of the content they import or produce within the Service. The Publisher accesses such content only to the strict extent necessary to provide the Service (storage, technical processing, distribution to the configured channels) and does not use it for any other purpose.

7. Personal data

In the course of the Service, the Publisher processes personal data as data controller for the management of accounts, billing, security and support, and as processor for the data relating to the content, subscribers and contacts managed by the User in the application. These processing operations are detailed in the Privacy Policy and, for processing on behalf of the User, in the Data Processing Agreement.

• Purposes: provision of the Service, security, billing, support, execution of the customer's instructions.
• Retention: the data is kept for the duration of the contractual relationship and then archived in accordance with legal obligations.
• Rights: access, rectification, erasure, restriction, objection and portability, which may be exercised with the Publisher.

The User, acting as data controller for their own contacts, undertakes to comply with their legal obligations towards them, in particular as regards the legal bases for direct marketing and proof of consent or of the applicable exemption.

8. Intellectual property

The Service, its software components, interfaces, trademarks and databases are the exclusive property of the Publisher. For the duration of their subscription, the User is granted a personal, non-exclusive and non-transferable right to use the Service. Any other use is prohibited without the written consent of the Publisher.

9. Liability

The Service is provided under a best-efforts obligation (« obligation de moyens »). The Publisher cannot be held liable for the content published by the User, nor for the consequences of the suspension or closure of accounts by third-party platforms, nor for indirect or consequential loss (« dommages indirects » — loss of data, loss of turnover or operating loss) resulting from the use of the Service. The User remains solely responsible for the content they distribute.

10. Suspension and termination

In the event of a breach of these Terms of Use by the User, the Publisher may suspend or terminate access to the Service, where applicable without notice in the case of manifestly unlawful content. The financial terms of termination are set out in the Terms of Sale.

11. Amendment of the Terms of Use

The Publisher reserves the right to amend these Terms of Use at any time. Users are informed of substantial amendments, which take effect as soon as they are published online.

12. Governing law and disputes

These Terms of Use are governed by French law. In the event of a dispute, an amicable solution shall be sought before any legal action. Failing that, the French courts shall have exclusive jurisdiction.