These Terms of Service (the “Terms”) govern your access to and use of Intacta’s AI product-photography platform and related services (the “Service”). By accessing or using the Service, or by accepting an order that references these Terms, you agree to be bound by them. If you are agreeing on behalf of a company, you confirm that you have authority to bind that company. The Service is intended for business use only.
1. Agreement to these Terms
These Terms form a binding agreement between you and Intacta (operated by [registered company name, address, and registration number]) (“Intacta”, “we”, “us”). An order form, subscription confirmation, or written agreement we provide (each an “Order”) incorporates these Terms. If an Order and these Terms conflict, the Order controls for that customer.
If you do not agree to these Terms, do not access or use the Service.
2. Definitions
- Account — the access credentials we provision for you to use the Service.
- Authorized Users — your employees or contractors you permit to use the Service under your Account.
- Inputs — the product photographs, brand assets, text, and other materials you upload to the Service.
- Generation — a single request you submit that produces a set of up to four (4) images.
- Generated Images (or “Outputs”) — the images produced by the Service from your Inputs.
- Subscription — your paid plan and its associated allowances, as set out in your Order.
3. Accounts & access
Accounts are provisioned by Intacta; there is no public self-service sign-up. You are responsible for keeping your credentials confidential, for all activity that occurs under your Account, and for your Authorized Users’ compliance with these Terms. You must give us accurate account information and notify us promptly at security@intacta.io if you suspect any unauthorized access.
4. The Service & your licence
Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your own internal business purposes during your subscription term. You may not sublicense, resell, or make the Service available to third parties except as expressly permitted in your Order.
5. Plans, generations & quotas
The Service is offered in tiered plans. Each plan includes a monthly allowance of Generations, and each Generation produces up to four (4) images:
- Starter — 13 Generations per month (up to 52 images).
- Pro — 38 Generations per month (up to 152 images).
Your included monthly allowance resets at the start of each billing month and does not carry over to the next month. Allowances are intended for your own brands and products. We may apply reasonable technical limits to protect the Service.
6. Top-ups
If you reach your monthly allowance, you may purchase top-up packs. A top-up pack currently provides ten (10) additional Generations (up to 40 images) for a fixed fee (currently $150 per pack). Top-up credits are added to your Account immediately on payment, remain available while your Subscription is active, and are non-refundable. We may change top-up pricing on a prospective basis.
7. Fees, billing & renewal
Subscriptions are billed annually in advance through our payment processor, Stripe. Fees are stated in your Order and are exclusive of taxes (including VAT), which you are responsible for. Top-ups are charged at the time of purchase.
Unless your Order says otherwise, your Subscription automatically renews for successive one-year terms at the then-current price. Either party may prevent renewal by giving written notice at least thirty (30) days before the end of the current term. We may change prices for a renewal term with at least thirty (30) days’ notice. Except where required by law, fees are non-refundable. If a payment fails or is overdue, we may suspend the Service until it is resolved.
8. Your content (Inputs)
You retain all ownership of your Inputs. You grant Intacta a limited, worldwide licence to host, store, and process your Inputs solely to provide and maintain the Service for you. You represent and warrant that you own or have all necessary rights to your Inputs, and that our processing of them will not infringe any third party’s intellectual-property, privacy, or other rights or violate any law. You are solely responsible for your Inputs.
9. Ownership of generated images
As between you and Intacta, and subject to your payment of applicable fees and your compliance with these Terms, you own the Generated Images you create using the Service. To the extent any rights in the Generated Images would otherwise vest in Intacta, we hereby assign them to you upon creation. You receive a worldwide, perpetual, royalty-free right to use, reproduce, modify, distribute, and commercially exploit your Generated Images — including in advertising, packaging, e-commerce listings, and retail channels.
Because Generated Images are produced by AI, their eligibility for copyright protection varies by country and may be limited. Intacta makes no warranty that Generated Images are protectable by copyright. You are responsible for ensuring your use of any Generated Image complies with law and does not infringe third-party rights.
10. AI-generated content
The Service uses artificial-intelligence models to generate images. Outputs are produced automatically and may occasionally contain inaccuracies, artifacts, or unexpected results, and similar prompts may produce similar results for different customers. You are responsible for reviewing Generated Images before using them commercially, and for ensuring they accurately and lawfully represent your product. The Service is a creative tool and is not a substitute for your own review and judgment.
11. No model training on your data
Intacta does not use your Inputs or your Generated Images to train its own AI models, and we use AI providers on terms that do not permit them to train their models on data submitted through the Service’s API. We process your content only to provide the Service to you. The third parties we rely on are listed on our Sub-processors page.
12. Acceptable use
You agree not to use the Service to:
- violate any law or regulation, or infringe anyone’s intellectual-property, privacy, or publicity rights;
- upload Inputs you do not have the rights to use, including another company’s products or branding;
- create imagery that is deceptive or that misrepresents a product in a way that is unlawful or misleading to consumers;
- reverse engineer, decompile, scrape, or attempt to extract the underlying models or source of the Service;
- resell, sublicense, or operate the Service as a bureau for third parties beyond your own brands, except under an agency arrangement agreed in writing;
- circumvent usage limits or security measures, or upload malicious code; or
- use the Service to build or train a competing product.
We may suspend or limit access if we reasonably believe your use violates this section or creates risk to the Service or others.
13. Our intellectual property
Intacta and its licensors own all rights in the Service, including its software, models integration, design, and the “Intacta” name and logo. Except for the limited licence in Section 4 and your ownership of Generated Images in Section 9, these Terms grant you no rights in our intellectual property. If you give us feedback, you grant us a royalty-free right to use it to improve the Service.
14. Confidentiality
Each party may access the other’s confidential information in connection with the Service. Each party will protect the other’s confidential information with reasonable care, use it only to perform under these Terms, and not disclose it except to people who need to know and are bound by similar obligations. This does not apply to information that is public, independently developed, or rightfully obtained from another source.
15. Data protection
Our handling of personal data is described in our Privacy Policy. Where we process personal data on your behalf as a processor, our Data Processing Agreement applies and is incorporated into these Terms. We process personal data in accordance with the GDPR and applicable data-protection law, and we use the sub-processors listed on our Sub-processors page.
16. Availability & support
We aim to keep the Service available and reliable, but we do not guarantee uninterrupted or error-free operation, and the Service may be unavailable during maintenance or due to factors outside our control. We provide support by email at support@intacta.io. Any specific uptime commitment applies only if stated in your Order or a separate service-level agreement.
17. Warranties & disclaimers
To the maximum extent permitted by law, the Service and the Generated Images are provided “as is” and “as available”, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service or any Output will meet your requirements or be uninterrupted, secure, or error-free. Nothing in these Terms limits warranties that cannot be excluded under applicable law.
18. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill. Each party’s total aggregate liability arising out of or relating to these Terms will not exceed the total fees you paid to Intacta in the twelve (12) months before the event giving rise to the claim. These limits do not apply to liability that cannot be limited by law, to your payment obligations, or to your indemnity obligations.
19. Indemnification
You will defend and indemnify Intacta against third-party claims, damages, and costs arising from your Inputs, your use of the Generated Images, your breach of these Terms, or your violation of law or third-party rights.
20. Term & termination
These Terms apply for the duration of your Subscription. Either party may terminate for a material breach that remains uncured thirty (30) days after written notice. We may suspend or terminate the Service immediately for non-payment, a violation of Section 12, or a security risk. On termination, your right to use the Service ends; we will make your Generated Images available for export for thirty (30) days, after which we may delete your content in line with our Privacy Policy and DPA. Sections that by their nature should survive termination will survive.
21. Changes
We may update the Service and these Terms from time to time. If we make a material change to these Terms, we will give reasonable notice (for example, by email or in-app). Your continued use of the Service after a change takes effect means you accept the updated Terms. If you do not agree, you may stop using the Service and, where applicable, terminate as described above.
22. Governing law & disputes
These Terms are governed by the laws of Greece, without regard to its conflict-of-laws rules. The courts of [city], Greece will have exclusive jurisdiction over any dispute, except that either party may seek injunctive relief to protect its intellectual property or confidential information in any competent court. Nothing here removes any mandatory consumer or statutory rights you may have.
23. General
These Terms, together with your Order, the Privacy Policy, and the DPA, are the entire agreement between you and Intacta about the Service. You may not assign these Terms without our consent; we may assign them to a successor in connection with a merger or sale. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. Neither party is liable for delays caused by events beyond its reasonable control. The parties are independent contractors. Notices to Intacta should be sent to legal@intacta.io; notices to you may be sent to your Account email.
24. Contact
Questions about these Terms? Contact us at legal@intacta.io.