Terms of Service

Version 1.1 — Effective April 2026
Tinct SAS — 5, Rue Pleyel, Bureau 3, 93200 Saint-Denis, France — RCS 101 730 018 R.C.S. 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 RCS 101 730 018 R.C.S. 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.

Article 1 — Definitions

The following capitalised terms have the meanings set out below:

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.

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 Free Tier

The Free tier grants access to up to five (5) Variants at no charge, without time limitation. Tinct reserves the right to modify the Free tier offering upon thirty (30) days' written notice.

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. due to maintenance, outage, or network failure), the Snippet is designed to fail silently. The Client's Landing Page will display its default (non-personalised) content. Tinct shall have no liability for lost conversions or revenue during such fallback periods.

• Technical compatibility: The Snippet is designed to work with standard web architectures. However, certain technical configurations — including heavy client-side rendering frameworks, aggressive Content Security Policies, non-standard DOM structures, or complex tag management setups — may limit or affect the Snippet's ability to personalise content as expected. The Client is responsible for testing compatibility with its own technology stack prior to deploying campaigns. Tinct will use commercially reasonable efforts to assist with compatibility issues but bears no liability for limitations arising from the Client's web architecture.

• Removal: The Client may remove the Snippet at any time. Removal terminates real-time personalisation functionality 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:

• License, sell, resell, transfer, or sublicense the Service to any third party (unless on an Agency plan);

• Reverse engineer, decompile, or disassemble any component of the Service;

• Use the Service to build a competing product or service;

• Circumvent or disable any security or access control mechanisms;

• Use the Service in a manner that violates applicable law or third-party rights.

2.6 Beta Features

Tinct may make available features designated as 'Beta', 'Preview', 'Early Access', or similar. Beta Features are made available strictly on an 'as-is' and 'as-available' basis, without any warranty of any kind. Beta Features are excluded from any service level commitments, uptime obligations, or support response-time guarantees. Tinct may modify, suspend, or permanently discontinue any Beta Feature at any time, without prior notice and without liability to the Client.

Article 3 — Fees and Payment

3.1 Subscription Fees

The applicable fees for each Subscription Plan are set out on the Tinct pricing page at tinct.ai/pricing. Tinct may update its pricing upon thirty (30) days' prior written notice; such changes shall apply at the start of the next Subscription Term.

3.2 Billing Cycles

The Client may choose to be billed on a monthly or annual basis, as selected at the time of 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). Invoices for monthly plans are issued at the start of each monthly billing cycle; invoices for annual plans are issued at the start of the annual period. Payment is processed automatically by credit card or SEPA direct debit as specified at checkout. If a payment attempt fails, Tinct will retry once and notify the Client by email. If the second attempt also fails, access to the Service will be suspended until payment is successfully processed.

3.4 Late Payment

In the event of late payment, Tinct reserves the right to: (i) charge late-payment interest at the rate of three (3) times the French legal interest rate, as provided by Article L. 441-10 of the French Commercial Code; and (ii) apply a flat-rate indemnity for recovery costs of forty euros (€40) per invoice. Tinct may suspend access to 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 on a pro-rata basis only if Tinct terminates the Agreement without cause under Article 11.3. The Client is not entitled to a refund 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). If Tinct is required by law to collect VAT or similar tax, it shall be added to the invoice.

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, enhancements, or modifications thereto. These Terms do not convey any 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 the extent necessary 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 to Tinct; Tinct will cease such use within thirty (30) days of receipt of such notice. Opting out does not affect the core provision of the Service.

4.3 Generated Content

Variants and other landing page 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, feedback, or ideas regarding the Service, the Client grants Tinct a perpetual, irrevocable, royalty-free licence to use such feedback for any purpose without obligation to the Client.

Article 5 — Confidentiality

5.1 Obligations

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

5.2 Exceptions

The obligations in Article 5.1 do not apply to information that: (a) is or becomes publicly available through no breach of these Terms; (b) was rightfully known by the receiving party prior to disclosure; (c) is independently developed by the receiving party without use of the Confidential Information; or (d) must be disclosed pursuant to applicable law or court order, provided the receiving party gives prompt written notice to the disclosing party where legally permitted.

5.3 Duration

Confidentiality obligations shall survive termination or expiry of these Terms for a period of three (3) years.

Article 6 — Data Protection and Privacy

6.1 Compliance

Each party shall comply with applicable data protection laws, including Regulation (EU) 2016/679 (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 any Personal Data contained in Client Data. Tinct acts as a data processor when processing such Personal Data on behalf of the Client. Each party is an independent data controller for Personal Data processed for its own purposes (e.g. billing, account management).

6.3 Data Processing

To the extent Tinct processes Personal Data as data processor on behalf of the Client, the parties agree that the terms of Annex A (Data Processing Agreement) shall apply. In the event of conflict between Annex A and the body of these Terms, Annex A shall prevail with respect to data processing matters.

6.4 IP Detection Data

The Service uses reverse IP lookup to identify visiting companies and route them to personalised Variants. The lawful basis for this processing is legitimate interest pursuant to Article 6(1)(f) GDPR, namely the delivery of relevant, personalised content on behalf of the Client to business visitors. A Legitimate Interests Assessment (LIA) is available upon request. This processing does not involve tracking individual natural persons or setting cookies without appropriate consent mechanisms. The Client is responsible for maintaining a compliant cookie/consent banner on Landing Pages where the Service operates, and for ensuring that its own use of visitor identification data complies with applicable privacy law.

6.5 Security

Tinct shall implement appropriate technical and organisational measures to protect Personal Data against accidental or unlawful destruction, loss, alteration, or unauthorised disclosure, in accordance with Article 32 GDPR.

6.6 Data Retention

Upon termination of this Agreement, 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 support@tinct.ai. Tinct will process the deletion 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 and grant the rights set out herein; (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 any third-party Intellectual Property Rights; (iii) the Client will use the Service in compliance with applicable laws, including advertising regulations and the terms of service of any platforms used in connection with the Service; and (iv) the Client has obtained all necessary consents for any Personal Data submitted to the Service.

7.3 Disclaimer

EXCEPT AS EXPRESSLY SET OUT IN THIS ARTICLE, 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 company name and logo as a customer on Tinct's website, pitch decks, investor materials, and marketing collateral; and (ii) prepare and publish a case study describing the Client's use of and results with the Service. Any such use is subject to the Client's prior written approval and shall accurately reflect the nature of the relationship without disclosing the Client's Confidential Information. The Client is under no obligation to grant such permission.

Article 8 — Limitation of Liability

8.1 Exclusion of Indirect Damages

To the fullest extent permitted by applicable law, neither party shall be liable to the other for any indirect, incidental, special, consequential, or punitive damages, including loss of revenue, loss of profit, loss of data, loss of business, or loss of goodwill, arising out of or in connection with these Terms, even if advised of the possibility of such damages.

8.2 Cap on Liability

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

8.3 Exceptions

Nothing in this Article shall limit or exclude 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 shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, natural disasters, war, pandemics, or failures of third-party infrastructure providers (including advertising platforms or cloud providers), provided the affected party gives prompt written notice and uses reasonable efforts 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 (headlines, copy, proof points, calls to action) — 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. The Service provides inline review and editing functionality for this purpose. A Variant is activated when the Client enables it for delivery within the Service. 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 visiting Target Accounts matching the configured criteria — the mandatory review obligation applies at the point of activation, not to each individual 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 in respect of content served to end users. Tinct has no editorial control over, and assumes no editorial responsibility for, any content that the Client activates or causes to be distributed. The Client acknowledges that it 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 that all activated Generated Content: (i) is accurate and not misleading; (ii) complies with applicable laws and regulations, including advertising standards, consumer protection laws, and sector-specific regulations (e.g. financial services, healthcare, pharmaceuticals); (iii) does not infringe any third-party Intellectual Property Rights; (iv) complies with the terms of service of any platforms used in connection with the Service; and (v) is appropriate for the Client's target audience. Tinct expressly disclaims any 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 OR IN CONNECTION WITH CONTENT ACTIVATED OR PUBLISHED BY THE CLIENT, INCLUDING ANY CLAIM BY A THIRD PARTY RELATING TO MISLEADING ADVERTISING, DEFAMATION, INTELLECTUAL PROPERTY INFRINGEMENT, OR ANY OTHER MATTER. THE CLIENT SHALL INDEMNIFY AND HOLD TINCT HARMLESS FROM AND AGAINST ANY SUCH CLAIMS, INCLUDING REASONABLE LEGAL COSTS.

9.6 AI Limitations Acknowledgement

The Client acknowledges that: (i) AI-generated Variants may contain inaccuracies or outputs that are inappropriate for the Client's specific context or industry; (ii) Tinct does not guarantee that Generated Content will be factually accurate, brand-consistent, or legally compliant without Client review and editing; and (iii) the quality and relevance of Generated Content depends in material part on the accuracy and completeness of inputs provided by the Client.

Article 10 — AI Usage and Personalization Events

10.1 Personalization Event-Based Usage

The Service consumes AI processing resources to generate Variants. 

A Personalization Event is consumed either by generating or modifying a Variant, or by accepting an AI-suggested change to an individual content block via the block chat feature. Failed generation attempts do not consume Personalization Events.

Usage is measured in Personalization Events (as defined in Article 1), which are tracked per account and form the basis of usage limits under each Subscription Plan. The Client is responsible for all Personalization Events generated by its Authorised Users, including events resulting from error, experimentation, re-generation, or misuse.

10.2 No Refund for Consumed Personalization Events

Personalization Events consumed through valid use of the Service are non-refundable, whether or not the Client is satisfied with the Generated Content produced. The Client's remedy in the event of unsatisfactory output is to use the review and editing features provided within the Service, or to regenerate a Variant using available Personalization Events. Notwithstanding the foregoing, Personalization Events are not consumed when a generation attempt fails — whether due to a technical error, service malfunction, or any other failure to produce a usable output. In such cases, no credit is deducted from the Client's account. Where Personalization Events have been incorrectly deducted as a result of a documented failure, Tinct will credit the equivalent number of Personalization Events to the Client's account.

10.3 Prohibited Usage Patterns

The Client shall not use the Service in a manner designed to artificially inflate Personalization Event consumption, including by: (i) systematic re-generation of Variants without genuine intent to publish; (ii) automated or scripted interactions that circumvent normal usage patterns; or (iii) any usage that Tinct reasonably determines to be abusive or designed to extract disproportionate value from the Service. Tinct reserves the right to suspend access if such patterns are detected, after prior written notice where practicable.

10.4 Usage Monitoring

Tinct provides the Client with usage dashboards displaying current Personalization Event consumption, remaining allowances, and generation history. The Client is responsible for monitoring its own usage and managing its Subscription Plan accordingly. Tinct may issue usage alerts as a courtesy but is not obligated to do so, and is not liable for unexpected overages where the Client has failed to monitor its usage.

10.5 Plan Limits

Each Subscription Plan includes a fixed Personalization Event allowance. Once the Client reaches its plan limit, generation capabilities are automatically suspended for the remainder of the current billing cycle. No overage charges apply. To restore generation capabilities before the next billing cycle, the Client must upgrade to a higher Subscription Plan.

Article 11 — Term and Termination

11.1 Term

These Terms commence on the date the Client creates an account and continue for the Subscription Term selected at checkout (monthly or annual). They shall automatically renew for successive periods of equal duration unless the Client cancels before the end of the then-current Subscription Term via their account settings, or Tinct provides written notice of non-renewal at least thirty (30) days before renewal.

11.2 Termination for Cause

Either party may terminate these Terms immediately upon written notice if: (i) the other party commits a material breach and fails to remedy such breach within thirty (30) days of receiving written notice; or (ii) the other party becomes insolvent, is subject to insolvency proceedings, or ceases to carry on business.

11.3 Cancellation by Client

The Client may cancel their subscription at any time via their account settings. Cancellation takes effect at the end of the then-current billing period (monthly or annual, as applicable). The Client will retain full access to the Service until the end of that period. No refund is issued for the remaining portion of the current billing period, except as set out in Article 3.5.

11.4 Termination by Tinct

Tinct may terminate these Terms for any reason upon thirty (30) days' written notice to the Client.

11.5 Effect of Termination

Upon termination or expiry: (i) all access rights granted under these Terms shall immediately cease; (ii) each party shall promptly return or destroy the other party's Confidential Information; (iii) the Client shall pay all outstanding fees; and (iv) Tinct shall make Client Data available for export for thirty (30) days, after which it shall be deleted.

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 shall survive termination or expiry of these Terms.

Article 12 — General Provisions

12.1 Governing Law

These Terms shall be governed by and construed in accordance with French law, without regard to its conflict of laws principles. The parties acknowledge that, where applicable, European Union regulations (including GDPR) take precedence over national law.

12.2 Dispute Resolution

In the event of a dispute, the parties shall first attempt to resolve it amicably within thirty (30) days of written notice. Failing amicable resolution, the dispute shall be submitted to the exclusive jurisdiction of the competent courts of Paris, France, unless mandatory applicable law provides otherwise.

12.3 Entire Agreement

These Terms (together with any Order Forms and annexes) constitute the entire agreement between the parties with respect to their subject matter and supersede all prior agreements, representations, and understandings. In the event of conflict, the order of precedence shall be: (1) Order Form; (2) these Terms; (3) any other annexes.

12.4 Amendments

Tinct may amend these Terms at any time by providing thirty (30) days' prior written notice to the Client by email.

• Non-material amendments (e.g. clarifications, new feature terms, formatting): Continued use of the Service after the notice period constitutes acceptance of the amended Terms.

• Material amendments that are to the Client's detriment (e.g. changes to fees, liability, data processing, or core usage rights): Tinct will notify the Client by email and require explicit confirmation via an in-app acceptance prompt before the amendment takes effect for that Client. If the Client does not accept a material amendment, they may terminate their subscription without penalty before the amendment's effective date, with a pro-rata refund for any prepaid annual fees for the unused period.

12.5 Assignment

The Client may not assign or transfer these Terms or any rights hereunder without Tinct's prior written consent. Tinct may assign these Terms without consent in connection with a merger, acquisition, or sale of all or substantially all of its assets, provided it notifies the Client in writing.

12.6 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The parties shall negotiate in good faith a valid replacement provision that achieves, to the greatest extent possible, the same commercial intent.

12.7 Waiver

No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right. No waiver shall be effective unless made in writing.

12.8 Notices

All notices under these Terms shall be in writing and delivered by email. Notices to Tinct shall be sent to support@tinct.ai. Notices to the Client shall be sent to the email address on the Client's account. Notices shall be deemed received on the date of confirmed delivery.

12.9 Relationship of the Parties

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, employment, or franchise relationship between the parties.

12.10 Language

These Terms are drafted in English. If a translation is made available, the English version shall prevail in the event of inconsistency.

ANNEX A — DATA PROCESSING AGREEMENT (DPA)

This Data Processing Agreement ('DPA') forms part of these Terms and governs the processing of Personal Data by Tinct as data processor on behalf of the Client as data controller, in accordance with Article 28 GDPR.

A.1 Scope of Processing

A.2 Processor Obligations

Sub-processor authorisation: By accepting these Terms, the Client provides general written authorisation for Tinct to engage sub-processors as listed at tinct.ai/sub-processors. Tinct shall notify the Client of any intended changes to its sub-processors at least thirty (30) days in advance.

Tinct shall:

• Process Personal Data only on documented instructions from the Client, including with regard to transfers of Personal Data to third countries;

• Ensure that all persons authorised to process Personal Data are bound by confidentiality obligations;

• Implement appropriate technical and organisational security measures pursuant to Article 32 GDPR;

• Not engage additional sub-processors beyond those listed at tinct.ai/sub-processors without prior notification as set out above;

• Assist the Client in responding to requests from data subjects exercising their rights under GDPR;

• Notify the Client without undue delay (and in any event within 72 hours) upon becoming aware of a Personal Data breach;

• At the Client's choice, delete or return all Personal Data upon termination of the Agreement.

A.3 Sub-processors

An up-to-date list of sub-processors is available at tinct.ai/sub-processors. Where the Client objects to a new sub-processor and no commercially reasonable alternative is available, either party may terminate the affected Services upon written notice without penalty.

A.4 International Transfers

Where Personal Data is transferred outside the European Economic Area (EEA), Tinct shall ensure appropriate safeguards are in place in accordance with Chapter V GDPR, including by entering into Standard Contractual Clauses (SCCs) adopted by the European Commission.

Tinct SAS — tinct.ai — support@tinct.ai
5, Rue Pleyel, Bureau 3, 93200 Saint-Denis, France — RCS 101 730 018 R.C.S. Bobigny