Terms and Conditions.

1. Acceptance of Terms
These Terms and Conditions of Use ("Terms") govern access to and use of the Pinci platform ("Platform" or "Service"), available at pinci.ai and related applications, operated by Instamark S.r.l. ("Pinci", "we", "us", "our").
By accessing or using the Service, the user ("User", "you") confirms that they have read, understood and fully accept these Terms, the Community Guidelines and the Content License Agreement, which together form the binding contract between the User and Pinci.
If you do not accept these Terms in whole or in part, you are prohibited from accessing or using the Service.

2. Description of the Service
Pinci is an artificial intelligence platform that allows users to generate and edit images and videos through text prompts, reference images and other inputs. The Service is operated through AI agents which process user requests and return generated content.
The Service is available on a freemium basis and through the purchase of prepaid credit packages. Some features are only available with sufficient credits.
Pinci reserves the right to modify, suspend or discontinue the Service, in whole or in part, at any time, with or without notice, without liability to the User.

3. Access Requirements and Registration
3.1 Minimum age
The Service is exclusively reserved for individuals who are at least 18 years of age. By registering on the Platform, the User declares and warrants that they are at least 18 years old. Pinci reserves the right to suspend or delete any account where a false age declaration is established.
3.2 Mandatory account
An account is required to access the Service's features. The User is responsible for keeping their login credentials confidential and for all activities carried out through their account. Pinci is not responsible for any damages resulting from unauthorised access to the User's account.
3.3 Business accounts
If the User registers on behalf of a legal entity, they declare and warrant that they have the authority to bind that entity to these Terms.

4. Credits and Payments
4.1 Freemium model
Pinci offers basic free access with limited features. To access advanced features or to increase generation capacity, the User may purchase prepaid credit packages.
4.2 Purchasing credits
Credits are purchased through the authorised payment gateway (Stripe). Prices are displayed in USD. The purchase is completed upon payment confirmation. Credits do not expire unless otherwise indicated at the time of purchase.
4.3 Use of credits
Credits are deducted at the time of content generation, regardless of the perceived quality of the result. Pinci does not guarantee that the generated output will meet the User's expectations, as the quality of results depends on the stochastic nature of artificial intelligence models.
4.4 Unused credits
Unused credits remain available in the User's account. In the event of voluntary account closure, remaining credits are non-refundable except as provided in Article 5.

5. Refund Policy
5.1 Waiver of withdrawal right
In accordance with applicable consumer protection legislation, by purchasing Pinci credits and consenting to the immediate execution of the contract, the User acknowledges that they waive any statutory right of withdrawal with respect to digital content whose execution has already begun.
5.2 Refunds for technical failures
Pinci recognises the right to a refund of credits exclusively in the following documented cases:
failure to generate content due to a technical error attributable to Pinci;
incorrect deduction of credits as a result of a verifiable system malfunction.
Refunds are not granted for the User's dissatisfaction with the aesthetic quality or relevance of AI-generated content. Refund requests must be submitted within 14 days of the service failure occurring to support@pinci.ai.
5.3 Discretionary assessment
Pinci reserves the right to assess each refund request on a discretionary basis. Refunds may be granted in the form of credit restoration or monetary reimbursement.

6. Use of the Platform and User Conduct
6.1 Permitted uses
The User is authorised to use the Service for the creation of visual content (images and videos) for personal, professional and commercial purposes, within the limits set out in these Terms and the Content License Agreement.
6.2 Prohibited uses
The User is prohibited from:
uploading, entering or generating content that violates the Community Guidelines;
attempting to circumvent the Platform's moderation systems, prompt filters or anti-jailbreak mechanisms;
using the Service to generate CSAM (Child Sexual Abuse Material) or any other illegal content;
using the Service in violation of third-party rights, including intellectual property rights, privacy rights or rights of publicity;
accessing the Service through automated means, bots, scrapers or unauthorised APIs;
reselling, sub-licensing or transferring access to the Service to third parties without Pinci's written authorisation;
reverse engineering, decompiling or disassembling the Platform;
disseminating false, misleading or spam content through the Service;
accessing the Service from countries subject to international sanctions (EU/OFAC), including Russia, Belarus, Iran, North Korea, Syria, Cuba, Myanmar and Sudan.

7. Intellectual Property of the Platform
All intellectual property rights relating to the Platform, including software, interfaces, trademarks, logos, text, graphics, AI agent architecture and technical documentation, are and remain the exclusive property of Instamark S.r.l. or its licensors. Any unauthorised reproduction, distribution or use is prohibited.

8. Moderation and Suspension
Pinci applies automated systems for moderation of prompts and outputs in order to prevent the generation of prohibited content. In the event of a breach of these Terms, Pinci reserves the right to:
temporarily or permanently suspend the User's account;
remove content that is in breach;
refuse future access to the Platform;
report to the competent authorities, where required by law, any illegal content detected.
Suspension or closure of an account for breach of these Terms does not entitle the User to a refund of remaining credits.

9. Disclaimer of Warranties and Limitation of Liability
9.1 Service provided "as is"
The Service is provided "as is" and "as available", without warranties of any kind, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose or non-infringement of third-party rights. Pinci does not warrant that the Service will be uninterrupted or error-free, or that the results obtained will meet the User's expectations.
9.2 Nature of AI-generated content
AI-generated content is stochastic in nature and may produce unexpected, inaccurate or unsatisfactory results. Pinci is not responsible for content generated by AI in response to the User's prompts, nor for the User's use of such content.
9.3 Limitation of liability
To the maximum extent permitted by applicable law, Pinci will not be liable for indirect, incidental, consequential, special or punitive damages, including without limitation loss of profits, loss of data, reputational harm, arising from use of or inability to use the Service. Pinci's maximum aggregate liability to the User, for any cause, is limited to the amount paid by the User to Pinci in the 12 months preceding the claim.
Nothing in these Terms excludes or limits Pinci's liability for fraud, wilful misconduct, gross negligence, death or personal injury caused by negligence, where such limitation is prohibited by applicable law.

10. Indemnification
The User agrees to defend, indemnify and hold harmless Pinci, its officers, employees, agents and licensors from and against any claims, damages, losses or expenses (including reasonable legal fees) arising from: (i) breach of these Terms; (ii) misuse of the Service; (iii) infringement of third-party rights through generated content.

11. Privacy
The processing of Users' personal data is governed by the Privacy Policy, available at pinci.ai/privacy, drawn up pursuant to Regulation (EU) 2016/679 (GDPR) and applicable Italian law. The Cookie Policy is available at pinci.ai/cookie.

12. Amendments to the Terms
Pinci reserves the right to amend these Terms at any time. Material changes will be communicated by email or in-app notice with at least 15 days' prior notice. Continued use of the Service after that period constitutes acceptance of the new Terms. If the User does not accept the changes, they must cease using the Service.

13. Governing Law and Jurisdiction
These Terms are governed by Italian law. For any dispute arising out of or in connection with these Terms, the parties submit to the exclusive jurisdiction of the Court of Brescia (Tribunale di Brescia), without prejudice to any mandatory rights of consumers under applicable Italian and European law.

14. General Provisions
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. Pinci's failure to enforce any right under these Terms does not constitute a waiver of that right. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof.

15. Contact
Support and legal matters: support@pinci.ai
Privacy: privacy@pinci.ai
Instamark S.r.l.
Via Risorgimento traversa terza 1/A, 25049 Iseo (BS), Italy
VAT: IT04165110984