Terms of Service

Version 1.3 — Effective June 2026 · Tinct SAS — 5, Rue Pleyel, Bureau 3, 93200 Saint-Denis, France — SIREN 101 730 018 — RCS Bobigny

Introduction

These Terms of Service (“Terms”) govern your access to and use of the Tinct platform, available at tinct.ai (the “Service”), operated by Tinct SAS, a French simplified joint-stock company registered under SIREN 101 730 018 — RCS Bobigny, with its registered office at 5, Rue Pleyel, Bureau 3, 93200 Saint-Denis, France (“Tinct”, “we”, “us”).

Acceptance of Terms: By creating an account or using the Service, you (“Client”, “you”) agree to these Terms in full. If you are agreeing on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. Your continued use of the Service following account creation constitutes your acceptance of these Terms.

These Terms apply to all subscription tiers, including the Free tier. The features, usage allowances and service levels for each tier are set out in Schedule 1.

Article 1 — Definitions

Article 2 — Scope and Access to the Service

2.1 Grant of Access

Subject to these Terms and payment of applicable fees, Tinct grants the Client a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service during the Subscription Term, solely for the Client's internal business purposes and at the Tier selected.

2.2 Authorised Users

The Client may grant access to the Service to its employees and contractors acting on its behalf (“Authorised Users”). The Client is responsible for all acts and omissions of its Authorised Users and for ensuring their compliance with these Terms.

2.3 Service Tiers and Service Levels

The Service is offered in the Tiers described in Schedule 1 (Service Tiers, Support & Service Levels):

• The Free, Starter and Pro tiers are available self-serve under these Terms. Their allowances, support levels and service levels are set out in Schedule 1.

• The Agency tier (for partners managing multiple client workspaces) and the Enterprise tier (for large organisations) are custom, contracted tiers — available on request via an Order Form. Enterprise engagements are governed by the Tinct Master Service Agreement; Agency engagements are contracted via an Order Form. Contact contact@tinct.ai.

The Free tier is provided at no charge, without time limitation. Tinct may modify any tier's published offering on thirty (30) days' written notice (and per Article 12.4 for material changes).

2.4 JavaScript Snippet — Client Deployment and Responsibility

The Service operates through a JavaScript Snippet that the Client must install on its website. The following terms govern this installation:

• Installation responsibility: The Client is solely responsible for correctly installing, maintaining and updating the Snippet on its Landing Pages in accordance with Tinct's technical documentation. Tinct is not responsible for any failure of the Service resulting from incorrect or incomplete installation.

• Fallback behaviour: If the Service is temporarily unavailable (e.g. maintenance, outage or network failure), the Snippet is designed to fail silently and the Client's Landing Page will display its default (non-personalised) content. Subject to the Service Levels in Schedule 1 (for paid tiers), Tinct shall have no liability for lost conversions or revenue during such fallback periods.

• Technical compatibility: Certain technical configurations — heavy client-side rendering frameworks, aggressive Content Security Policies, non-standard DOM structures or complex tag-management setups — may limit the Snippet's ability to personalise content. The Client is responsible for testing compatibility with its own technology stack prior to deploying campaigns.

• Removal: The Client may remove the Snippet at any time. Removal terminates real-time personalisation but does not terminate this Agreement or affect outstanding payment obligations.

2.5 Restrictions

The Client shall not, and shall not permit any third party to: (i) license, sell, resell, transfer or sublicense the Service to any third party (unless on an Agency plan); (ii) reverse engineer, decompile or disassemble any component of the Service; (iii) use the Service to build a competing product or service; (iv) circumvent or disable any security or access-control mechanism; or (v) use the Service in a manner that violates applicable law or third-party rights.

2.6 Beta Features

Features designated “Beta”, “Preview”, “Early Access” or similar are provided strictly “as is” and “as available”, without warranty, and are excluded from any service-level commitment, uptime obligation or support response-time guarantee. Tinct may modify, suspend or discontinue any Beta Feature at any time without notice or liability.

Article 3 — Fees and Payment

3.1 Subscription Fees

Fees for each Subscription Plan are set out on the Tinct pricing page at tinct.ai/pricing (or in the Order Form for Agency and Enterprise). Tinct may update pricing on thirty (30) days' prior written notice, effective at the start of the next Subscription Term.

3.2 Billing Cycles

The Client may be billed monthly or annually, as selected at subscription. Annual subscriptions are billed in advance for the full twelve (12) month period and are non-refundable except as set out in Article 3.5.

3.3 Payment Terms

All fees are due and payable in euros (EUR). Self-serve plans are paid by credit card or SEPA direct debit at checkout; Agency and Enterprise may be invoiced per the Order Form. If a payment attempt fails, Tinct will retry once and notify the Client; if the second attempt fails, access may be suspended until payment succeeds.

3.4 Late Payment

In the event of late payment, Tinct may: (i) charge late-payment interest at three (3) times the French legal interest rate (Article L. 441-10 of the French Commercial Code); and (ii) apply a flat-rate recovery indemnity of forty euros (€40) per invoice. Tinct may suspend the Service after fifteen (15) days of non-payment following written notice.

3.5 Refund Policy

Monthly subscriptions are non-refundable for any partial month. Annual subscriptions are refundable pro-rata only if Tinct terminates the Agreement without cause under Article 11.4. No refund is issued for voluntary downgrade or cancellation.

3.6 Taxes

All fees are exclusive of applicable taxes. The Client is responsible for all taxes, duties or levies arising from its use of the Service (other than taxes on Tinct's net income). VAT or similar tax will be added to the invoice where required.

Article 4 — Intellectual Property

4.1 Tinct's Property

Tinct and its licensors retain all Intellectual Property Rights in and to the Service, including the underlying technology, algorithms, models and all improvements. These Terms convey no ownership interest in the Service to the Client.

4.2 Client Data

The Client retains all Intellectual Property Rights in and to Client Data. The Client grants Tinct a limited, non-exclusive, royalty-free licence to process Client Data solely to provide the Service, improve AI model performance in an aggregated and anonymised manner, and comply with legal obligations. The Client may opt out of the use of its Client Data for AI model improvement by written notice; Tinct will cease such use within thirty (30) days. Opting out does not affect the core provision of the Service.

4.3 Generated Content

Variants and other content generated by the Service based on the Client's inputs and brand assets (“Generated Content”) are owned by the Client upon creation, subject to full payment of applicable fees. Tinct retains no ownership interest in Generated Content.

4.4 Feedback

If the Client provides Tinct with suggestions or feedback, the Client grants Tinct a perpetual, irrevocable, royalty-free licence to use such feedback for any purpose without obligation.

Article 5 — Confidentiality

5.1 Obligations

Each party will: (i) hold the other's Confidential Information in strict confidence; (ii) not disclose it to any third party without prior written consent; and (iii) use it solely to exercise rights or fulfil obligations under these Terms.

5.2 Exceptions

The obligations do not apply to information that (a) is or becomes public through no breach; (b) was rightfully known before disclosure; (c) is independently developed without use of the Confidential Information; or (d) must be disclosed by law or court order (with prompt notice where permitted).

5.3 Duration

Confidentiality obligations survive termination for three (3) years.

Article 6 — Data Protection and Privacy

6.1 Compliance

Each party shall comply with applicable data protection laws, including the GDPR and Law No. 78-17 of 6 January 1978 as amended (“Loi Informatique et Libertés”).

6.2 Roles

For the purposes of GDPR: the Client is the data controller of (i) any Personal Data contained in Client Data and (ii) the website-visitor analytics data collected via the Snippet on the Client's Landing Pages. Tinct acts as data processor when processing such Personal Data on behalf of the Client, as further described in the DPA. Tinct is an independent data controller for the Personal Data it processes for its own purposes (e.g. platform user accounts, billing, account management, and its company-intelligence database).

6.3 Data Processing

To the extent Tinct processes Personal Data as data processor on behalf of the Client, such processing is governed by the DPA, available at tinct.ai/static/dpa, incorporated into and forming an integral part of these Terms by reference. By creating an account or otherwise accepting these Terms, the Client accepts and enters into the DPA; no separate signature is required, and the authority representation in the Introduction applies equally to the DPA. Tinct may update the DPA in accordance with Article 12.4. In the event of conflict between the DPA and the body of these Terms with respect to the processing of Personal Data, the DPA shall prevail.

6.4 Visitor Identification and Analytics Data

The Service uses reverse IP lookup to identify visiting companies and route them to personalised Variants. This company-level identification is carried out on the basis of legitimate interest pursuant to Article 6(1)(f) GDPR; a Legitimate Interests Assessment (LIA) is available on request. The Tinct Snippet can be deployed in two analytics configurations. In Basic mode, only a session identifier (cleared when the browser tab closes) is used; where the CNIL audience-measurement exemption conditions are met, no visitor consent is required. In Advanced mode, a persistent identifier (the Tinct cookie) is stored on the visitor's device; under the ePrivacy Directive this requires the visitor's prior consent before the cookie is set. The Client is the data controller for this processing and is solely responsible for: (i) selecting the configuration; (ii) where Advanced mode is enabled, obtaining valid prior consent through a compliant consent mechanism (CMP) before the Tinct cookie is set; (iii) maintaining a compliant cookie/consent banner and privacy policy accurately describing the Tinct configuration; and (iv) ensuring its use of visitor identification data complies with applicable privacy law.

6.5 Security

Tinct shall implement appropriate technical and organisational measures in accordance with Article 32 GDPR (detailed in Annex 3 of the DPA).

6.6 Data Retention

Upon termination, Tinct shall, at the Client's election, delete or return all Client Data within thirty (30) days, unless retention is required by applicable law.

6.7 Account Deletion

The Client may request deletion of its account and all associated Client Data at any time by contacting contact@tinct.ai. Tinct will process the request within thirty (30) days, in accordance with Article 6.6 and applicable GDPR obligations.

Article 7 — Warranties and Representations

7.1 Tinct Warranties

Tinct warrants that: (i) it has the right to enter into these Terms; (ii) the Service will perform materially in accordance with its documentation; and (iii) it will provide the Service in a professional manner consistent with reasonable industry standards.

7.2 Client Warranties

The Client warrants that: (i) it has the right to enter into these Terms; (ii) Client Data does not infringe third-party Intellectual Property Rights; (iii) it will use the Service in compliance with applicable laws, including advertising regulations and any platform terms; and (iv) it has obtained all necessary consents for any Personal Data submitted to the Service.

7.3 Disclaimer

Except as expressly set out in this Article and in Schedule 1 (Service Levels), the Service is provided “as is” and “as available”. To the fullest extent permitted by applicable law, Tinct disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Tinct does not warrant that the Service will be uninterrupted, error-free or free from harmful components. Conversion-rate improvements are indicative and not guaranteed.

7.4 Client Reference and Publicity

Tinct may request the Client's permission to (i) reference the Client's name and logo as a customer and (ii) prepare a case study. Any such use is subject to the Client's prior written approval and shall not disclose Confidential Information. The Client is under no obligation to grant permission.

Article 8 — Limitation of Liability

8.1 Exclusion of Indirect Damages

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, including loss of revenue, profit, data, business or goodwill, even if advised of the possibility.

8.2 Cap on Liability

Tinct's total aggregate liability for all claims arising out of or in connection with these Terms shall not exceed the total fees paid or payable by the Client in the twelve (12) months immediately preceding the event giving rise to the claim.

8.3 Exceptions

Nothing limits liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; (iii) wilful misconduct; or (iv) any liability that cannot be excluded by applicable law.

8.4 Force Majeure

Neither party is liable for failure or delay due to circumstances beyond its reasonable control, including acts of God, natural disasters, war, pandemics, or failures of third-party infrastructure providers, provided prompt written notice is given and reasonable efforts are used to resume performance.

Article 9 — AI-Generated Content and Client Responsibilities

9.1 Nature of the Service

Tinct is an AI-assisted content generation platform. The Service produces Variants — personalised draft landing page content — based on inputs provided by the Client. Tinct is not a content publisher, advertising agency or page editor. The Service generates drafts; the Client decides what to activate and publish.

9.2 Mandatory Client Review

The Client is solely and exclusively responsible for reviewing, editing and approving each Variant before activating it for live delivery to website visitors. A Variant is activated when the Client enables it for delivery. No Variant shall be activated without prior human review by an authorised representative of the Client. Once activated, a Variant may be served automatically to matching Target Accounts — the review obligation applies at activation, not to each display of an already-approved Variant.

9.3 Client as Publisher and Editor

The Client acts at all times as the publisher and sole editorial decision-maker for content served to end users. Tinct has no editorial control over, and assumes no editorial responsibility for, content the Client activates. The Client is not relying on Tinct as a content advisor, compliance officer or brand guardian.

9.4 Accuracy and Compliance of Published Content

The Client is solely responsible for ensuring all activated Generated Content: (i) is accurate and not misleading; (ii) complies with applicable laws (advertising standards, consumer protection, sector-specific rules); (iii) does not infringe third-party rights; (iv) complies with any platform terms; and (v) is appropriate for its audience. Tinct disclaims responsibility for the legality, accuracy, compliance or appropriateness of content activated by the Client.

9.5 No Liability for Published Content

Tinct shall have no liability whatsoever for any claim, loss, damage, fine, penalty or regulatory action arising from content activated or published by the Client, including claims of misleading advertising, defamation or IP infringement. The Client shall indemnify and hold Tinct harmless from any such claims, including reasonable legal costs.

9.6 AI Limitations Acknowledgement

The Client acknowledges that: (i) AI-generated Variants may contain inaccuracies or context-inappropriate output; (ii) Tinct does not guarantee Generated Content is accurate, brand-consistent or legally compliant without Client review; and (iii) quality depends materially on the accuracy and completeness of the Client's inputs.

Article 10 — AI Usage and Personalization Events

10.1 Personalization Event-Based Usage

The Service consumes AI resources to generate Variants. A Personalization Event (Credit) is consumed by generating or modifying a Variant, or accepting an AI-suggested block change; failed generations do not consume Credits. Usage is tracked per account and forms the basis of plan limits. The Client is responsible for all Credits used by its Authorised Users, including from error, experimentation, re-generation or misuse.

10.2 No Refund for Consumed Credits

Credits consumed through valid use are non-refundable. The Client's remedy for unsatisfactory output is to use the in-product review/editing features or regenerate using available Credits. Credits are not consumed on failed generations; where Credits are incorrectly deducted due to a documented failure, Tinct will credit the equivalent amount.

10.3 Prohibited Usage Patterns

The Client shall not artificially inflate Credit consumption (e.g. systematic regeneration without intent to publish, automated/scripted interactions, or any abusive usage). Tinct may suspend access if such patterns are detected, after prior written notice where practicable.

10.4 Usage Monitoring

Tinct provides usage dashboards. The Client is responsible for monitoring its usage and managing its plan. Tinct may issue alerts as a courtesy but is not obligated to, and is not liable for unexpected overages where the Client failed to monitor usage.

10.5 Plan Limits

Each plan includes a fixed Credit allowance. On reaching the limit, generation is suspended for the rest of the billing cycle (no overage charges); to restore generation before the next cycle, the Client must upgrade.

Article 11 — Term and Termination

11.1 Term

These Terms commence when the Client creates an account and continue for the Subscription Term, renewing automatically for equal periods unless the Client cancels before the end of the then-current term via account settings, or Tinct gives non-renewal notice at least thirty (30) days before renewal.

11.2 Termination for Cause

Either party may terminate immediately on written notice if the other commits a material breach not cured within thirty (30) days, or becomes insolvent.

11.3 Cancellation by Client

The Client may cancel at any time via account settings, effective at the end of the then-current billing period; access continues until then. No refund for the remaining period, except per Article 3.5.

11.4 Termination by Tinct

Tinct may terminate for any reason on thirty (30) days' written notice.

11.5 Effect of Termination

On termination: access ceases; outstanding fees fall due; each party returns or destroys the other's Confidential Information; and Tinct makes Client Data available for export for thirty (30) days before deletion.

11.6 Survival

Articles 4, 5, 6.6, 6.7, 7.3, 8, 9.4, 9.5, 10.2, 11.5, 11.6 and 12 survive termination.

Article 12 — General Provisions

12.1 Governing Law

These Terms are governed by French law. EU regulations (including the GDPR) take precedence where applicable.

12.2 Dispute Resolution

The parties will first attempt amicable resolution within thirty (30) days; failing which, the competent courts of Paris, France have exclusive jurisdiction, unless mandatory law provides otherwise.

12.3 Entire Agreement

These Terms (with Schedule 1, any Order Forms and annexes) constitute the entire agreement and supersede prior understandings. Order of precedence in case of conflict: (1) Order Form; (2) the DPA, with respect to the processing of Personal Data; (3) these Terms and Schedule 1; (4) any other annexes.

12.4 Amendments

Tinct may amend these Terms on thirty (30) days' prior notice by email. Non-material amendments (clarifications, new feature terms, formatting): continued use after the notice period constitutes acceptance. Material amendments to the Client's detriment (fees, liability, data processing, core usage rights): Tinct will require explicit confirmation via an in-app acceptance prompt; if the Client does not accept, it may terminate without penalty before the effective date, with a pro-rata refund of prepaid annual fees for the unused period.

12.5 Assignment

The Client may not assign without Tinct's prior written consent. Tinct may assign in connection with a merger, acquisition or sale of substantially all assets, with notice.

12.6 Severability

If any provision is invalid or unenforceable, the remainder continues in force, and the parties will negotiate a valid replacement achieving the same intent.

12.7 Waiver

No failure or delay in exercising a right is a waiver. No waiver is effective unless in writing.

12.8 Notices

Notices are in writing by email. Notices to Tinct: contact@tinct.ai. Notices to the Client: the email on the Client's account. Deemed received on confirmed delivery.

12.9 Relationship of the Parties

The parties are independent contractors. Nothing creates a partnership, joint venture, agency, employment or franchise relationship.

12.10 Language

These Terms are drafted in English; the English version prevails over any translation.

Annex A — Data Processing Agreement (DPA)

The processing of Personal Data by Tinct as data processor on behalf of the Client is governed by the Tinct Data Processing Agreement (Article 28 GDPR), available in full at tinct.ai/static/dpa and incorporated into these Terms by reference. The current list of sub-processors is maintained at tinct.ai/static/sub-processors. By accepting these Terms, the Client enters into the DPA.

Schedule 1 — Service Tiers, Support & Service Levels

This Schedule forms part of the Terms. Current prices and any annual discounts are published at tinct.ai/pricing and are not reproduced here. Allowances reflect the published plans and may be updated under Articles 3.1 and 12.4. Agency and Enterprise allowances and pricing are bespoke and set in the Order Form.

S1.1 Tier comparison

S1.2 Support and response targets

For the Pro tier, incident response targets by priority are: P1 (critical, service wholly unavailable) — 8 business hours; P2 (major feature impaired) — 1 business day; P3 (minor) — 2 business days; P4 (request) — 3 business days. Targets are time to first meaningful response, measured during support hours. Agency / Enterprise targets are set in the Order Form.

S1.3 Availability and service credits

“Monthly Uptime” = (total minutes in the month − Excluded Minutes − Downtime) ÷ (total minutes − Excluded Minutes). Excluded Minutes cover scheduled maintenance (notified at least 48 hours in advance), force-majeure events, Client-caused issues, Beta Features, and the Snippet's designed silent-fallback behaviour.

Starter carries a 99.5% availability target with no service credits. Pro carries a 99.9% availability commitment; where Monthly Uptime falls below target, the Client may claim a service credit against the next invoice:

Service credits are the sole and exclusive remedy for missed availability, must be requested within thirty (30) days of the affected month, and are capped at that month's fee. The Free tier has no availability commitment. Agency and Enterprise service levels are set in the Order Form / MSA.

Tinct SAS — 5, Rue Pleyel, Bureau 3, 93200 Saint-Denis, France · SIREN 101 730 018 — RCS Bobigny · contact@tinct.ai
Terms of Service · Version 1.3 — Effective June 2026