Legal
Terms of Service
DRAFT — FOR LAWYER REVIEW. This document has not been reviewed by a qualified lawyer and is not yet binding on anyone. Points needing professional input are marked ⚑ lawyer inline. Do not launch against it.
1. Who you contract with
These terms are between you and Tincograph DOOEL, North Macedonia (“Tincograph”, “we”):
- Name: [DOOEL]
- Seat address: [DOOEL]
- Company number (ЕМБС): [DOOEL]
- Tax number (ЕДБ): [DOOEL]
- Managing director: [DOOEL]
- VAT id (if any): [DOOEL]
Full details are on the Impressum. They cover the Tincograph account and the apps that use it, including Softbox for Android.
2. What Softbox is
Softbox is a gallery and photo and video editor for the media on your device. Browsing, searching, editing, masks (including AI masks that run on the phone), exports, sharing and deleting media work without an account, run on your device and never use credits. With an account you can use online features: AI generation (Studio), Enhance, Auto-describe, your profile and devices, and plans.
The AI features are AI. Studio, Enhance and Auto-describe are artificial-intelligence systems. What they produce (images, rewritten prompts, suggested descriptions) is generated by AI, and the app says so where you use them (Regulation (EU) 2024/1689, Article 50(1)).
3. Your account
You need an account only for online features. You must be at least 18 years old, give a working email address and keep your sign-in secure. You are responsible for activity under your account; tell [email protected] if you think someone else used it. One person, one account; do not share or resell access.
Account features (sign-in, sync, AI generation, plans) are not offered in every country. Where they are not, Softbox runs without an account and everything that runs on your device, including the paid on-device tools, is available without charge.
4. Plans, credits and payment
One credit pool. Your plan and your credits belong to your Tincograph account, not to a store or an app. Whether you buy on tincograph.com (sold by Paddle, the merchant of record) or in the Softbox app (sold by Google Play), the purchase is added to the same credit pool, and the credits can be spent in any Tincograph app that offers them.
Prices and credits. The price of a plan or pack is shown before you pay, in your currency, including taxes where the store or Paddle shows them. The credit price of each AI generation is shown on the button before you tap it. Credits are held when a job starts, charged when it succeeds, and released when it fails, is blocked by the safety check or is cancelled. Credits have no cash value and cannot be transferred or paid out.
When credits expire.
- Credits from a pack never expire.
- Credits included with a subscription roll over from period to period for as long as you stay subscribed; nothing is lost at a renewal.
- When you cancel, the subscription credits you still have stay spendable for 90 days after the end of the paid period and then expire. We remind you by email before they do.
- While your account is blocked for a breach of section 6 (see section 7), unused credits are frozen, not refunded; a successful appeal unfreezes them.
Subscriptions renew automatically. A subscription renews for the same period (weekly, monthly or annual) at the then-current price shown to you until you cancel. You can cancel at any time:
- bought in the app with Google Play: Google Play, Payments and subscriptions, Subscriptions (or the link in Softbox, Settings);
- bought on tincograph.com: your account page, Manage subscription (the Paddle portal), or the link in any Paddle receipt.
Deleting your account does not cancel a store subscription; cancel it in Google Play first. After cancelling you keep the plan until the end of the period you paid for. Upgrades and downgrades take effect as shown in the store or the checkout. For an annual plan we email you 30 days before it renews.
Refunds and credits. Refunds are described in the Refund policy. If a payment is refunded or reversed, the credits it granted are taken back from your pool. If some of them were already spent, your balance can become negative; while it is negative you cannot spend credits until the balance is positive again (for example after the next grant or a pack). Credits already spent on a finished generation are not refunded in cash.
5. Your content and AI output
Your photos and videos are yours. You give us only the licence we need to run the service for you: to store, process and transmit what you choose to upload, to check it for safety, and to show you the result.
Output. As far as the law allows, we assign to you all rights we have in the results you generate, for any lawful use, including commercial use. Results may not be protected by copyright, may resemble other people’s work and may be inaccurate; checking that you may use a result is your responsibility.
AI marking. Generated results carry a content credential (C2PA) where the file format allows it and a visible AI label inside Softbox. Do not remove or hide these labels when you share a result in a way that could make people think it is an unedited photograph. If you publish realistic AI content you may be required by law to disclose that it is AI-generated.
No training, no scanning. We never use your photos, prompts or results to train AI models, we do not permit our providers to, and we never scan the photos on your device. The only picture we ever see is the one you send to an AI feature yourself, and only for that request.
6. Acceptable use
Photos of people. When you upload a photo you confirm that you own it or have the right to use it, and that you have the consent of everyone in it. Because we cannot verify who is in a photo, every person in a photo counts as a real, identifiable person, including you.
No nude or sexual AI content, of anyone. AI generation and AI edits do not produce nude or sexual content of any person, in any build of the app. This is not a setting; it cannot be switched off. Non-sexual edits of people stay allowed.
You must not use Tincograph to create or attempt to create:
- nude or sexual content of anyone, including yourself, or anything sexualising or endangering a minor;
- intimate images of a real person without their consent;
- gore or content that incites violence or hatred;
- a real public figure in a sexual, violent or deceptive scene (other depictions of public figures are allowed and, like every result, carry the AI label and the content credential);
- the likeness of any other real person without their consent;
- anything meant to deceive people about real events or real people, to harass anyone, or to impersonate someone;
- anything illegal, infringing (copyright, trademarks, personality rights) or defamatory;
and you must not attack or overload our systems, bypass limits or the safety checks, or resell access.
7. Moderation, strikes and appeals
Three automatic checks, nothing charged. Every prompt is checked by a word filter, every photo is checked on your phone before it is uploaded (a photo that fails is never sent anywhere), and every result is checked before you see it. Anything refused is discarded, is never stored or shown, and costs nothing. These checks decide about one request only; they never restrict your account by themselves.
Reports. You can report any result in the app (it is hidden at once and reviewed by a person). Anyone, with or without an account, can report content at tincograph.com/report. Reporting your own generation never counts against you.
Strikes come only from people. A strike is recorded only when a person at Tincograph upholds a report and the prompt itself asked for content that section 6 forbids. Repeated refusals by the automatic checks do not create strikes; an account with many severe refusals in a day is flagged for a human to look at, nothing more.
The ladder.
- First strike: the generation is removed and you receive a warning.
- Second strike: AI generation and the other AI features are paused for 7 days.
- Third strike: AI generation and the AI features are blocked.
Strikes expire 12 months after the most recent one. Two categories skip the ladder: sexual content involving a minor leads to a permanent block at once, the evidence is preserved as the law requires, there is no appeal, and we report it to the competent authorities; intimate images of a real person without their consent go straight to the third step, with an appeal.
What a block does not touch. Your account, your photos, sync, editing and the paid Softbox Pro tools keep working. The automatic renewal of a credit plan is cancelled; unused credits are frozen, not refunded, and are released if your appeal succeeds.
Statement of reasons. Every restriction comes with a notice in the app and an email that say what was restricted and for how long, the facts, whether an automated tool was involved, which clause of these terms applies, and how to appeal (Regulation (EU) 2022/2065, Article 17).
Appeal. The notice has an appeal button; you can write up to 1 000 characters. A person decides, never software; software may only summarise for the reviewer. We aim to answer within 14 days. If the appeal succeeds, the strike is removed and your credits are unfrozen. You can also complain to [email protected] or take the matter to a court or an out-of-court body where the law provides one.
8. Availability and changes
We aim to keep online features available but promise no uptime. AI features depend on third-party providers and can be busy, change models or be withdrawn. Everything that runs on your device keeps working without our servers. We may change features and prices for the future; changes to your paid plan take effect only as the store or Paddle allows, and you can cancel before they do.
9. Ending the contract
You can stop using Softbox at any time and delete your account in the app (Profile, Delete account) or at tincograph.com/account-deletion. Deletion happens 14 days after the request; signing in before then cancels it. We may suspend or end an account for a serious or repeated breach of these terms (section 7), for fraud, or where the law requires, with notice and a reason where we reasonably can. Unused paid time is handled under the Refund policy.
10. Liability
We are liable without limit for intent, gross negligence, injury to life, body or health, under mandatory product-liability law, and wherever the law does not allow a limit. For a breach of an essential obligation by slight negligence our liability is limited to the damage typical and foreseeable for a contract like this; otherwise it is excluded. Our liability for the free parts of the service is limited to intent and gross negligence. Nothing in these terms limits your mandatory rights as a consumer.
Liability wording to be confirmed with counsel for North Macedonian law and EU consumer law.
11. Governing law and disputes
These terms are governed by the law of North Macedonia. If you are a consumer, the mandatory consumer-protection rules of the country where you live apply in addition and prevail where they are more favourable to you; nothing in these terms takes them away, and you can bring a claim in the courts of your country of residence. We take part in no consumer arbitration board; the EU online dispute-resolution platform has been closed, so please contact [email protected] first.
12. Changes to these terms
If we change these terms materially we tell you in the app or by email at least 30 days before the change takes effect. If you do not agree you can stop using the service and cancel; paying or continuing to use it after the date is acceptance only where the law allows.
13. Contact
[email protected] for questions, [email protected] for privacy.
Draft, legal review pending. [DOOEL] fields are filled when the company is registered.