Additional Terms for AI Features
1. Scope and how the AI features work
These Terms govern the use of the artificial intelligence features offered by Incomedia S.r.l. ("Incomedia"):
- MagicText, which generates and reworks text in the WebSite X5 software;
- MagicSite, which creates a website from the information you provide, suggesting text, structure and images;
- the AI support assistant, available on websitex5.com and in the software.
They supplement the WebSite X5 Licence Agreement (EULA) and the General Terms of Use; for the AI features, they prevail over them. You accept them when you first use the features.
These features are based on artificial intelligence systems from third-party providers: OpenAI for MagicText and MagicSite, and Zipchat Inc. for the support assistant. When you use them, you are interacting with an AI system, not a person, except when an Incomedia operator steps into the support chat. How we process data is explained in the Privacy Policy (section 4).
↑ Back to contents2. Usage limits, generations and credits
- Each WebSite X5 licence includes a number of MagicSite generations and MagicText usage limits, shown on the page describing the editions.
- You can buy additional MagicSite generations with credits. Before you confirm, you can see how many credits will be charged.
- If you are a consumer, by confirming you expressly request that the service be provided immediately and acknowledge that, once it has been fully provided, you lose your right of withdrawal for that purchase.
- Credits are governed by the Marketplace Terms: for example, they are valid for 365 days from activation.
- To prevent abuse, we may apply reasonable limits to use, for example to the number of requests within a given period. We will let you know if a limit prevents you from using a feature.
3. What to enter, what to avoid and prohibited uses
What you can enter. You are free to describe your business, your products and services, your target audience and the style you prefer, and to upload text and images you have the right to use, such as your own content or content you hold a licence for. The more useful information you provide, the better the result. You are responsible for what you enter.
What to avoid. To protect you and other people, do not enter:
- other people's personal data, unless you have a legal basis for doing so;
- special categories of personal data, such as information about health, sexual orientation or political opinions;
- passwords, payment details, trade secrets or other confidential information.
You may not use the AI features to:
- create content that is unlawful, defamatory, discriminatory or violent, or that incites hatred;
- create sexual content involving minors, or sexual or intimate content depicting real people without their consent;
- deceive the public, for example with fake reviews, false testimonials or content impersonating another person or company;
- infringe copyright, trade marks or other third-party rights;
- create spam, malware or content for scams and phishing;
- circumvent safety filters or usage limits, or resell access to the features;
- use the outputs to develop competing artificial intelligence models;
- make any use contrary to the AI providers' usage rules, such as OpenAI's Usage Policies.
4. Outputs: nature, review and rights
What to expect. Generated content is produced automatically and Incomedia does not review it before you receive it. It may contain errors or information that is made up, incomplete or out of date, and it may be similar to content generated for other users. It is not legal, tax, medical or other professional advice.
Check before you publish. Always check outputs before using them, especially legal texts (such as privacy notices or terms of sale), information about prices, products and services, and claims about health or finance. The support assistant's answers are for guidance only: for important matters, ask for an operator.
If you are a consumer, this section describes the characteristics of the features and does not limit your statutory rights, including the legal guarantee of conformity for digital content and digital services.
Rights in generated content. Incomedia claims no rights in the content generated for you and transfers to you any rights it may hold in it. You may use it freely, including for commercial purposes, in compliance with the law and these Terms. Incomedia does not guarantee that it is original, exclusive or protected by copyright: under Italian law, protection requires a human creative contribution. When you use it, it is up to you to avoid infringing third-party rights, for example other companies' trade marks or names.
Feedback. If you rate an output with the positive or negative rating button, we use the rating to improve the service. Incomedia does not use your texts to train artificial intelligence models. Authorised staff may view prompts and responses for as long as they are held by OpenAI, for support, security and product improvement purposes (Privacy Policy, section 4).
↑ Back to contents5. Images
The images MagicSite suggests, both free (Pixabay, Pexels, Lummi) and Premium (Depositphotos), are governed by section 7 of the Marketplace Terms, which also applies to images you insert into the software yourself.
If you use the images in breach of these rules, you are responsible for doing so. If you are a business user, you will indemnify Incomedia against any resulting third-party claims.
↑ Back to contents6. Transparency towards the public
If you publish content created with AI, the law may require you to disclose this. Under the EU Artificial Intelligence Act (AI Act), you must clearly disclose that content has been generated or manipulated with AI when:
- you publish realistic images, audio or video depicting real or plausible people, places or events (so-called deep fakes);
- you publish AI-generated text to inform the public on matters of public interest, unless it has been reviewed by a person who takes editorial responsibility for it.
For ordinary website text, such as a description of your business or your products, this obligation does not usually apply, but you remain responsible for what you publish.
Websites generated with MagicSite may contain a machine-readable indication of their AI origin (for example, metadata in the pages). You may remove it once you have reviewed and edited the texts.
↑ Back to contents7. Availability, moderation and liability
Availability. The AI features depend on services from third-party providers. They may therefore be temporarily limited or unavailable, and they may change over time, for example when the provider updates its models. Changes to features included in a paid licence follow the rules of the EULA, which protect rights already purchased.
Refused requests. AI systems may refuse or interrupt a request for reasons of safety, moderation or compliance with usage rules. In the event of use contrary to these Terms, Incomedia may suspend access to the AI features and will tell you why, unless there is an emergency or the law prohibits it.
Liability. You are responsible for what you enter and for how you use and publish the outputs. Incomedia is liable in accordance with the law and the General Terms of Use (section 10). If you are a business user, you will indemnify Incomedia against third-party claims arising from your breach of these Terms.
↑ Back to contents8. Privacy, changes and contact
- Privacy: how we process the data you enter and usage data is explained in the Privacy Policy, section 4.
- Changes: we may update these Terms in the same way as the General Terms of Use (section 12). Material changes will be shown to you in the software before they take effect.
- Governing law and jurisdiction: the rules in section 13 of the General Terms of Use apply.
- Contact: policy@incomedia.eu.