1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between Tintify Holdings, Inc. ("Tintify," "we," "us," or "our") and the business entity or individual accessing or using the Tintify platform ("Customer," "you," or "your").

By creating an account, accessing the platform, or using any part of the Services, you represent that you have the authority to bind your business to these Terms and agree to comply with them in full. If you do not agree, do not use the Services.

These Terms apply to all users of the platform, including account owners, administrators, and any authorized employees or contractors you grant access to.

2. Definitions

"Services" means the Tintify software-as-a-service platform and all associated features, tools, APIs, and support resources.
"Customer Data" means all data, records, and content you submit, upload, or generate through your use of the Services.
"Authorized User" means any employee, contractor, or agent of Customer who is granted access to the Services under Customer's account.
"Subscription" means the paid plan under which you access the Services.

3. Account Registration and Access

3.1 Eligibility

The Services are available to business entities only. By registering, you represent that you are operating a legitimate business and have full authority to enter into these Terms on behalf of that business.

3.2 Account Security

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us immediately at support@tintify.io if you become aware of any unauthorized access to your account.

3.3 Authorized Users

You may grant access to Authorized Users. You are responsible for ensuring that all Authorized Users comply with these Terms and that their access is revoked promptly upon termination of their relationship with your business.

4. Subscriptions and Payment

4.1 Trial Period

New Subscribers receive a 15-day free trial beginning on the date of account activation, with full access to the Services. A valid payment method is required at signup. No charge is made during the trial, and the first charge occurs when the trial ends unless you cancel before then. Cancelling during the trial costs nothing. Tintify may, at its discretion, extend or modify trial terms for individual accounts. If a subscription is not started at the end of the trial, access may be suspended and, after 30 additional days, Customer Data deleted per Section 14.4.

4.2 Pricing and Billing

List pricing is $195 per month, or $1,950 per year, which is an effective $162.50 per month with two months free on the annual interval. Subscriptions are billed at the rate specified at the time of Subscription. Pricing for new Subscribers may change at any time and will be posted on Tintify's pricing page. Payment processing is provided by Stripe, Inc.; Tintify is the seller of record. See Section 5 for full billing terms.

4.3 Renewals

Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. You may cancel at any time through your account settings.

4.4 Late Payments

If payment is not received within 10 days of the due date, we reserve the right to suspend or terminate access to the Services.

4.5 Taxes

You are responsible for all applicable sales, use, or similar taxes. Tintify will add applicable taxes to invoices where required by law.

4.6 Refunds

All Transactions are non-refundable and non-exchangeable, except as expressly set forth in Section 5 (Refund Policy) or as required by applicable law. See Section 5 for the full Refund Policy.

5. Subscriptions, Billing, and Refunds

Tintify subscriptions are sold by Tintify Holdings, Inc., the seller of record for all transactions. Payment processing is provided by Stripe, Inc. Your payment card details are collected and stored by Stripe and are never stored on Tintify systems.

5.1 Subscription terms

Subscriptions are offered on monthly and annual billing intervals and renew automatically at the end of each interval until cancelled. Annual subscriptions are prepaid for the full year. By subscribing you authorize recurring charges to your payment method until you cancel.

5.1a Free trial

New self-serve subscriptions include a 15-day free trial. Your payment method is collected at signup, and the first charge occurs when the trial ends unless you cancel before then. Cancelling during the trial costs nothing and stops the subscription before any charge is made.

5.2 Non-refundability

All payments are non-refundable except as stated in our Refund Policy or as required by applicable law. Your remedy at any time is cancellation: future charges stop and access continues through the end of the paid period.

5.3 Cancellation

You may cancel at any time through Settings, Billing in your account or by contacting support@tintify.io. Cancellation takes effect at the end of the current billing period.

5.4 Promotional pricing

Promotional and founding discounts apply for the life of a continuously active subscription on the plan they were issued for. Cancellation or lapse forfeits the discount permanently, and it cannot be reinstated on a future subscription. Promotional discounts do not automatically extend to other plans, add-ons, or future products.

5.5 Failed payments

If a renewal payment fails, we will retry it and notify you. If payment is not completed within seven days of the failed charge, access may be suspended until payment is resolved. Suspension for non-payment does not extend any billing period.

5.6 Price changes

We may change list prices with at least 30 days' notice, effective at your next renewal. Active founding discounts continue to apply as percentage discounts against the then-current list price of the plan they were issued for.

5.7 Taxes

Prices exclude applicable taxes. Where Tintify is required to collect sales tax or similar, it is added at checkout or invoiced as required by law.

5.8 Migration assistance

Annual subscriptions include migration assistance: reasonable help from our team importing your existing customer, vehicle, and service data into Tintify during onboarding. Migration assistance is a support service, not a deliverable with a guaranteed timeline or outcome; the scope of what can be imported depends on the format and quality of your existing data. Monthly subscriptions do not include migration assistance.

6. Customer Data and Intellectual Property

6.1 Customer Data Ownership and License

Customer retains all right, title, and interest in and to Customer Data. Customer grants Tintify a limited, worldwide, non-exclusive, royalty-free license to access, store, process, transmit, and display Customer Data solely to: (a) provide and operate the Services for Customer; (b) secure the Services and prevent fraud or abuse; (c) comply with applicable law and respond to legal requests; and (d) generate aggregated, anonymized data that does not identify Customer or its end-users for the purpose of improving the Services. Tintify will not use identifiable Customer Data to train machine-learning models or for any commercial purpose unrelated to providing the Services to Customer.

6.2 Tintify Intellectual Property

Tintify retains all rights, title, and interest in and to the Services, including all software, features, design, branding, trademarks, and proprietary technology. Nothing in these Terms transfers any Tintify intellectual property rights to you.

6.3 Feedback

If you submit suggestions, ideas, or feedback about the Services ("Feedback"), you grant Tintify a perpetual, irrevocable, royalty-free right to use and incorporate such Feedback without restriction or compensation to you.

6.4 Customer Data Responsibilities

Customer is solely responsible for obtaining all consents, providing all notices, and complying with all laws applicable to the collection, use, and disclosure of Customer Data, including data about Customer's end-users (such as end-customer contact information, vehicle data, appointment records, and communications). This responsibility applies to all uses of the Services, including but not limited to SMS messaging (addressed further in Section 9), email communications, voice calls, and customer relationship management features. Tintify acts as a data processor with respect to Customer's end-user data and processes such data only as necessary to provide the Services.

7. Acceptable Use

You agree not to use the Services to:

Violate any applicable law, regulation, or third-party rights
Upload or transmit malicious code, viruses, or harmful content
Attempt to gain unauthorized access to the Services or other accounts
Reverse engineer, decompile, or disassemble any part of the platform
Use the Services to build a competing product or service
Scrape, harvest, or extract data from the platform by automated means
Impersonate another person or misrepresent your affiliation with any entity
Engage in abusive, harassing, or threatening conduct toward Tintify personnel

We reserve the right to suspend or terminate accounts that violate this section without prior notice.

8. Third-Party Services

The Services integrate with the following third-party services to provide functionality: Supabase (hosting and infrastructure), Stripe (subscription billing and payment processing), Square (payment processing for shop transactions), Telnyx (SMS messaging), Dialpad (voice calls), Resend (email), and Google OAuth services (Google Business Profile and Gmail integrations, if connected). Customer's use of these third-party services through the Services is subject to the respective service providers' terms and privacy policies. Tintify is not responsible for the acts, omissions, or policies of third-party services.

9. SMS Messaging

9.1 Tintify Messages to Customer

This Section 9.1 covers messages Tintify sends to Customer (the shop owner or authorized user) and is separate from end-user messaging governed by Section 9.2. By providing a mobile number and opting in (for example, on the demo request form or within the platform), you consent to receive SMS messages from Tintify related to demo scheduling, onboarding, account and billing notifications, support communications, and occasional product updates. Message frequency varies. Msg & data rates may apply. Consent is not a condition of purchase. You may reply STOP at any time to unsubscribe, or HELP for assistance. For details on how we handle your information, see our Privacy Policy.

9.2 Customer Messages to End Users via the Tintify Platform

Customer is the sender and brand of record for all SMS messages sent to end users through the platform. Customer is responsible for A2P 10DLC brand and campaign registration in Customer's own legal name (Tintify provides the in-app workflow to complete registration, but the registered brand and campaigns belong to Customer). Tintify acts solely as a technology service provider that transmits messages on Customer's instruction and is not a party to the underlying messaging relationship between Customer and Customer's end users.

Direct end-user consent. Consent for end-user SMS must be obtained directly between the end user and Customer, at Customer's shop, on Customer-branded lead forms (including Tintify-powered forms hosted on Customer's domain or branded experiences), or through other direct interactions with Customer. Tintify does not collect end-user SMS consent on its own behalf, and consent given to one Customer is not consent to receive messages from Tintify, from any other Customer, or from any third party.

Customer is responsible for: (a) lawfully collecting and accurately recording end-user consent at the time and in the manner required by applicable law (including TCPA, CTIA, and CTA messaging principles); (b) the content of all messages Customer composes, schedules, or triggers; (c) honoring STOP, UNSUBSCRIBE, and similar opt-out requests, and HELP requests; (d) not using purchased, scraped, or third-party-sourced phone lists; and (e) not attempting to circumvent platform-enforced compliance controls. Customer must not send content prohibited by carriers or the SHAFT-C categories (sex, hate, alcohol, firearms, tobacco, cannabis) unless properly registered and approved by Tintify in writing.

Tintify is responsible for: (i) maintaining the messaging infrastructure and platform-level STOP/HELP handling; (ii) logically isolating each Customer's end-user opt-in data, phone numbers, consent records, and opt-out status from every other Customer on the platform; and (iii) contractually requiring upstream messaging subprocessors to use opt-in data only to deliver messages on the originating Customer's behalf.

Tintify is not liable for carrier fees, delivery failures, fines, or regulatory penalties arising from Customer's misuse of SMS features, submission of unlawfully collected end-user data, content composed by Customer, or attempts to circumvent platform compliance controls.

9.3 No Sharing, Transfer, or Sale of Opt-In Data

SMS opt-in data, including phone numbers, consent records, and opt-out status, collected by or on behalf of one Customer will not be shared with, transferred to, sold to, or otherwise made available to any other Customer, third party, affiliate, or Tintify business line for that party's own messaging, marketing, or independent use. Opt-in data is used solely to deliver the messages the originating Customer instructs. This restriction applies to both Tintify and Customer and survives termination of these Terms.

10. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the Services ("Confidential Information"), and to use it only for the purposes of these Terms. This obligation does not apply to information that is publicly known, independently developed, or required to be disclosed by law.

11. Disclaimers

The Services are provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. Tintify does not warrant that the Services will be uninterrupted, error-free, or free of harmful components.

12. Limitation of Liability

To the maximum extent permitted by applicable law, Tintify's total liability to you for any claims arising under or related to these Terms shall not exceed the total fees paid by you to Tintify in the three (3) months preceding the event giving rise to the claim.

In no event shall Tintify be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, even if advised of the possibility of such damages.

13. Indemnification

You agree to indemnify, defend, and hold harmless Tintify and its officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your Customer Data; (c) your violation of these Terms; or (d) your violation of any applicable law or third-party rights.

14. Term and Termination

14.1 Term

These Terms begin on the date you first access the Services and continue until your Subscription is terminated.

14.2 Termination by Customer

You may terminate your Subscription at any time. Termination takes effect at the end of the current billing period.

14.3 Termination by Tintify

We may suspend or terminate your account immediately if: (a) you breach these Terms and fail to cure such breach within 7 days of notice; (b) you fail to pay fees when due; or (c) we reasonably determine continued access poses a legal, security, or reputational risk.

14.4 Data Retention and Return

Upon termination of Customer's Subscription for any reason, Customer Data will be retained in a suspended state for 30 days during which Customer may request recovery by emailing support@tintify.io. After the 30-day retention period, Customer Data will be permanently deleted from Tintify's production systems via automated processes, except for: (a) data required to be retained by applicable law; (b) audit logs maintained for security and compliance purposes; and (c) anonymized or aggregated data that does not identify Customer or its end-users.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes arising under or related to these Terms shall be resolved by binding arbitration in Wilmington, Delaware, under the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction. You waive any right to participate in a class action lawsuit or class-wide arbitration.

16. Modifications

We may update these Terms from time to time. When we make material changes, we will notify you via email or platform notice at least 14 days before the changes take effect. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.

17. Miscellaneous

Entire Agreement: These Terms, together with our Privacy Policy and any executed Order Forms, constitute the entire agreement between you and Tintify.
Severability: If any provision is found unenforceable, the remaining provisions remain in full force.
Waiver: Failure to enforce any provision does not constitute a waiver of future rights.
Assignment: You may not assign these Terms without our prior written consent. Tintify may assign these Terms in connection with a merger or acquisition.
Force Majeure: Neither party is liable for delays caused by circumstances beyond their reasonable control.

18. Contact

If you have questions about these Terms or the Refund Policy, contact us at:

Tintify Holdings, Inc.

Legal: legal@tintify.io

Billing: billing@tintify.io