MODALITY.INK — TERMS OF SERVICE

Effective 16 June 2025

Introduction

These Terms of Service (“Terms”) govern your access to and use of Modality.Ink (the “Service”), operated by JB Jerzy Balcerzak, NIP 9471951277 (“Company,” “we,” “us,” or “our”). By accessing or using the Service, you (“User,” “you,” or “your”) agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Definitions

2. Eligibility

You must be at least 18 years old and legally able to form a binding contract to use the Service.

3. Account Registration & Security

1. You may create an Account via Google Sign-In or a “magic-link” email flow.
2. You are responsible for all activity under your Account and for safeguarding your login credentials.
3. You may request permanent deletion of your Account (and all stored Materials, Articles, and Credits) by emailing contact@modality.ink. Deletions are irreversible.

4. Subscriptions, Credits & Billing

4.1 Credit Types

• Free trial: One (1) free generation upon sign-up.
• Pre-paid Credits: Sold in packs of 1 or 10; never expire.
• Subscription Credits: Five (5) Credits allocated monthly; unused Credits expire at the end of the billing cycle.

Usage order: Subscription Credits are consumed first; pre-paid Credits are used once subscription Credits are exhausted.

4.2 Payments

• Payments are processed by Stripe. We never store full card data.
• You authorize us to charge your payment method for pre-paid purchases and recurring subscription fees.
• You may manage or cancel your subscription at any time via the Stripe Customer Portal linked in the billing dashboard.

4.3 Refunds

All purchases are final and non-refundable, except where required by law. If you experience a technical problem, contact contact@modality.ink and we will attempt to resolve it.

5. License to Materials & Articles

• You retain all ownership rights in your Materials and generated Articles.
• You grant us a worldwide, non-exclusive, royalty-free licence to store, process, and display your Materials solely to operate and improve the Service and to generate Articles for you.
• We do not use your Materials or Articles to train third-party AI models.

6. Acceptable Use

You agree not to:

1. Upload unlawful, infringing, or harmful content;
2. Use the Service to violate any law or third-party right;
3. Disassemble, reverse-engineer, or interfere with the Service;
4. Resell, sublicense, or provide the Service to others without our written consent.

7. Service Availability & Service-Level Objective

The Service is provided “as is”. While we strive for continuous availability, outages may occur. In the event of an extended outage we will use commercially reasonable efforts to restore core functionality within five (5) business days. This SLO does not include financial compensation.

8. Customer Support

Standard support is offered via Crisp chat or email (contact@modality.ink) with a target response time of two (2) business days.

9. Third-Party Services

We integrate with and rely on several third-party providers:

Your use of these providers is subject to their respective terms and policies, which may include cookies outside our control.

10. Data Protection & Privacy

We collect and process: name, email address, (optional) avatar image, uploaded Materials, and generated Articles. Processing complies with the EU GDPR. Details are provided in our Privacy Policy (https://modality.ink/privacy-policy). You are responsible for any additional compliance (e.g., CCPA) that applies to your own use of the Service.

11. Suspension & Termination

• We may suspend or terminate your Account immediately if you breach these Terms, abuse the Service, or create security or legal risk.
• You may cancel your subscription through the billing dashboard and may request full Account deletion by email.

12. Changes to Terms

We may update these Terms from time to time. We will notify you by email at least seven (7) days before changes take effect. Changes are not retroactive. Continued use of the Service after the effective date constitutes acceptance.

13. Disclaimer of Warranties

The Service is provided “as is” and “as available,” without warranties of any kind, express or implied (including fitness for a particular purpose, accuracy, or non-infringement). We do not guarantee any specific search-engine ranking, traffic, or commercial outcome from generated Articles.

14. Limitation of Liability

To the maximum extent permitted by law, our total liability arising out of or relating to the Service will not exceed the greater of €50 or the amount you paid us in the six (6) months preceding the event giving rise to liability. We are not liable for indirect, special, incidental, consequential, or punitive damages.

15. Indemnification

You agree to indemnify and hold harmless the Company and its affiliates from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your breach of these Terms or violation of any law or third-party rights.

16. Governing Law & Dispute Resolution

These Terms are governed by the laws of Poland. Any dispute shall be resolved exclusively in the competent courts of Warsaw, Poland.

17. Class-Action Waiver

You and the Company agree to resolve disputes only on an individual basis and waive the right to participate in a class, collective, or representative action.

18. Miscellaneous

1. Entire Agreement: These Terms constitute the entire agreement between you and us regarding the Service.
2. Severability: If any provision is held unenforceable, the remaining provisions remain in effect.
3. No Waiver: Failure to enforce any right or provision does not constitute a waiver.
4. Assignment: You may not assign these Terms without our prior written consent; we may assign our rights and obligations without restriction.

Contact

Questions? Email us at contact@modality.ink.

© 2025 Modality.Ink. All rights reserved.