Infinithink Terms of Service

These Terms of Service (the "Terms") govern access to and use of the Infinithink platform, available at infinithink.it and on its related subdomains and applications (the "Service"). Please read them carefully and keep a copy. By creating an account, activating the free plan, starting a trial or subscribing to a paid plan, you enter into a contract with the Provider on these Terms.

If you are a consumer, some sections apply to you specifically. Nothing in these Terms limits the rights you have under mandatory consumer protection law, including the law of the country where you habitually reside.

These Terms apply to contracts entered into on or after 18 October 2026. For contracts entered into before that date, we send you a notice by email, which also identifies the Provider as set out in Section 1, and we ask you to accept these Terms the next time you log in. If you do not accept them, they apply in the manner and within the time limits set out in Section 20.

1. Who we are

The Service is provided by

In these Terms, "Provider", "we", "us" and "our" refer to Lorenzo Locantore as identified above. "Infinithink" is a trade name and not a separate company.

2. Definitions

• Account means your personal access to the Service, created when you register.
• Customer or you means the natural or legal person who registers an Account or purchases a Plan.
• Consumer means a natural person acting for purposes outside their trade, business, craft or profession.
• Business Customer means any Customer who is not a Consumer, including freelancers, professionals, companies, agencies and public bodies.
• Plan means the Free plan or any of the paid plans described in Section 5.
• Pricing Page means the page of the website that describes the Plans, prices, features and Credits currently in force.
• Input means any text, prompt, file, image, audio, data, instruction or other material that you or your users submit to the Service.
• Output means any content generated by the Service in response to Input, including text, images, audio, video and code.
• Customer Content means Input and Output together.
• AI Providers means the third-party providers of the artificial intelligence models used by the Service, such as Anthropic, OpenAI and Google.
• Credits means the usage allowance included in a Plan or purchased separately as a top-up, measured in tokens, words, images, minutes or other units shown in the Account.
• Related Documents means the Privacy Policy, the Cookie Policy, the Acceptable Use Policy, the AI Transparency Notice, published on infinithink.it and accessible from the footer of every page, and, for Business Customers, the Data Processing Agreement, made available at the time of the order.

3. The Service

3.1 Infinithink is a software-as-a-service (SaaS) platform that brings together, in a single environment, a set of interconnected artificial intelligence tools. Depending on the Plan, the Service may include

• writing texts, articles and content for websites, blogs, social media, email, advertising and e-commerce, with specialized writing tools, an editor, rewriting, translation and brand voice;
• chat with several AI models, including over documents, images and web pages, and in-depth research features;
• image creation and editing, and video and audio features, including text-to-speech and transcription;
• code generation and explanation;
• chatbots and assistants, including voice assistants, for websites and messaging channels such as WhatsApp, Telegram, Instagram and Messenger, with optional handover of the conversation to a human operator;
• social media, SEO and blogging tools, including agents that prepare and schedule content and publish it on WordPress or on the connected platforms;
• automations and integrations with third-party services chosen by the Customer;
• for Business Customers, team management, a done-for-you setup service and custom terms for teams of more than 25 seats.

The features included in each Plan, and their limits, are those shown on the Pricing Page and in the Account at the time of purchase.

3.2 The Service relies on third-party models and infrastructure. In particular, we use AI models from Anthropic, OpenAI and Google, including through the OpenRouter routing service, hosting by Hostinger on servers located in Germany, Cloudflare services for content delivery, security and file storage, and Stripe for payments. The suppliers that process personal data, the place of processing and the safeguards for any transfer outside the European Economic Area are described in the Privacy Policy. A feature that would require a supplier not listed in the Privacy Policy is not active. The models available may change over time. We may replace a model with another of comparable capability, add or remove models or, when an AI Provider is unavailable, route a request to an alternative model from a supplier listed in the Privacy Policy and, for Business Customers, authorised under the Data Processing Agreement. For Business Customers, adding or replacing a supplier that processes personal data on their behalf follows the prior notice and objection procedure set out in the Data Processing Agreement. For Consumers, if replacing or removing a model shown as included in the Plan has more than a minor negative impact, Section 13.3 applies. We do not guarantee that any specific model will remain available.

3.3 Features labelled "beta", "preview" or similar are provided for testing purposes, may be changed or withdrawn, and may be less reliable. For Consumers, Section 13 is not affected, unless you expressly and separately accepted, when activating the feature, the specific limitations of the beta feature that we described to you.

3.4 We use reasonable care and skill to keep the Service available and secure, but the Service is provided over the internet and may be interrupted for maintenance, updates, incidents or causes beyond our control. Unless a custom offer or order form provides for a service level agreement (SLA), no minimum level of availability is guaranteed. For Consumers, this does not affect the legal guarantee of conformity in Section 13.

3.5 The Service is not designed or offered for uses classified as high-risk under Regulation (EU) 2024/1689 (the "AI Act"), such as decisions on employment, credit, education, access to essential services, law enforcement or medical diagnosis. You may not use it for those purposes or for the practices prohibited by art. 5 of the AI Act. If you nevertheless use the Service for a high-risk purpose, you are responsible for the obligations that the AI Act places on anyone who changes the intended purpose of an AI system (art. 25).

3.6 Technical requirements. To use the Service you need an internet connection and an up-to-date browser. Some features require accounts with third-party services, such as a WordPress website, a WhatsApp Business account, a Telegram bot or a Facebook or Instagram page, which you must set up and maintain yourself and at your own cost.

3.7 Your own API keys. If your Plan allows it, you may connect your own API keys for an AI Provider to the Service. In that case, your use of that AI Provider is governed by your contract with it, the related costs are charged to you directly by the AI Provider, and you are responsible for keeping the keys secure. We are not responsible for the costs, limits or conditions that the AI Provider applies to your account.

4. Account and eligibility

4.1 You must be at least 18 years old and have the capacity to enter into a binding contract. The Service is not directed at minors.

4.2 You must provide accurate and up-to-date registration and billing details, keep your login credentials confidential and notify us promptly at info@infinithink.it if you suspect unauthorised access. You are responsible for all activity carried out through your Account, including by members of your team.

4.3 Each natural person may hold only one Free Account. Creating multiple Accounts to obtain additional free Credits or trials is not permitted. To prevent abuse, we may ask you to verify your email address, use anti-bot verification systems and, for free trials, check the payment method.

4.4 If you register on behalf of an organisation, you confirm that you have the authority to bind it to these Terms.

4.5 How the contract is formed. For the Free plan, the contract is formed when you complete registration and activate your Account. For a paid Plan, you select the Plan and billing period, enter your billing and payment details, review the order summary, where you can correct any input errors before confirming, accept these Terms and confirm the order using the button that indicates an obligation to pay. The contract is formed when the payment is authorised and the order is shown as confirmed in your Account. For tailored offers, the contract is formed when the offer or order form is accepted. Once the contract is formed, we send you by email a confirmation on a durable medium that contains, or attaches as a PDF, these Terms in the version you accepted, the information on the right of withdrawal with the model form in Annex A and, where applicable, confirmation of your request for immediate performance of the Service (Section 8.3) and, for Credit top-ups, of your acknowledgement under Section 8.4. We keep a record of the version of these Terms you accepted and of the order confirmation for the duration of the contract and for 10 years after it ends, and you can request a copy at info@infinithink.it. The contract may be concluded in Italian or in English. We do not subscribe to any code of conduct.

5. Plans and prices

5.1 At the date of these Terms, the list prices, in euro, are as follows.

Prices are final prices and do not include VAT, which does not apply under the tax regime described in Section 5.3. Annual Plans are paid in a single payment in advance.

5.2 The price, billing period, Credits and features that apply to you are those shown on the order page at the moment you confirm your purchase. Custom terms may be set out in more detail in an offer or order form, which prevails over these Terms where it expressly says so.

5.3 Taxes. At the date of these Terms, the Provider applies the Italian flat-rate tax regime under Article 1, paragraphs 54 to 89, of Italian Law no. 190 of 23 December 2014, and for this reason its supplies are not subject to VAT. Invoices carry the statement “Operazione senza applicazione dell'IVA ai sensi dell'art. 1, commi 54-89, L. 190/2014” (transaction without VAT under Article 1, paragraphs 54-89, of Law 190/2014). Prices shown to Consumers are therefore final prices, and no further amount is added at payment. The tax treatment of each purchase is stated at checkout and on the invoice. For Business Customers established outside Italy, any VAT or similar tax is accounted for by the Customer under the law of its own country, including through the reverse-charge mechanism, as stated on the invoice. Any stamp duty is either included in the price or, for Business Customers, shown separately at checkout before the order is confirmed.

5.4 Credits. Credits included in a Plan are renewed at the interval shown on the Pricing Page and in the Account, for example every month, and unused Credits do not carry over to the next period unless the Plan states otherwise. Credits purchased separately as top-ups do not expire while your Account is active. Credits have no cash value, cannot be transferred and are not refundable, except as provided in Sections 8, 13, 15.2, 15.4, 20.2 and 21.2 or by law.

5.5 Fair use. Plans with high limits are subject to reasonable use consistent with normal individual or business activity. We may apply technical limits to protect the Service, for example against automated abuse.

5.6 Promotions and affiliate programme. Promotional offers, discount codes and bonus Credits are subject to the conditions stated with the offer, are valid for the period indicated and cannot be exchanged for cash. If we offer an affiliate or referral programme, participation is governed by specific terms that you accept when you join. These Terms do not by themselves give rise to any right to commission.

5.7 Promotional bonus Credits. When a promotion includes bonus Credits, we add them to the Account balance, or to the team balance for team Plans, after the first successful payment of the Plan they refer to. Bonus Credits are added to the Plan Credits, are used in the same way and follow the same renewal rules, so on Plans whose balance returns to the Plan amount at each renewal any unused bonus Credits do not carry over to the next period. The offer period, any maximum number of eligible Customers and the amount of bonus Credits are stated with the offer. Bonus Credits are not due, or are removed from the balance, if the first payment is refunded or the subscription is cancelled with a refund. Promotions based on bonus Credits do not change the price of the Plan.

5.8 Discount codes. We may offer percentage discount codes on the price of a Plan. Unless the offer states different conditions, each code may be used only once per Account, applies only to the first month of a monthly Plan, cannot be combined with other codes or promotions and cannot be exchanged for money or Credits. The eligible Plans and the validity period are stated with the offer, and the discounted price is shown at checkout before payment. From the second month the full price of the Plan shown on the Pricing page applies, unless you cancel.

6. Free plan and trials

6.1 The Free plan is offered at no charge, with limited features and Credits. We may change its features or limits with reasonable notice, or discontinue it with at least 30 days' notice.

6.2 Where we offer a free trial of a paid Plan, we tell you before activation how long it lasts, its conditions, whether a payment method is required and what happens when it ends. If you provided a payment method and agreed that the paid subscription would start at the end of the trial, the subscription starts automatically when the trial ends unless you cancel before then, and we send you an email reminder at least 2 days before the trial ends. In all other cases, the Account moves to the Free plan when the trial ends.

7. Payment, automatic renewal and cancellation

7.1 Payments by card and by the other methods offered at checkout are processed by Stripe. We do not store full card details. By subscribing, you authorise us to charge the price of the Plan, through Stripe, at the start of each billing period. For custom terms, payment may also be made by bank transfer where the offer provides for it.

7.2 Subscriptions renew automatically for successive periods of the same length, one month or one year, at the price in force at the time of renewal, unless you cancel before the renewal date. For annual Plans, we send you an email reminder between 90 and 30 days before renewal, stating the applicable price and how to cancel. If you are a Consumer, after the first annual period the annual Plan renews, but you may cancel it at any time with effect from the end of the current month, and we refund the part of the price relating to the following full months. Any more favourable rights regarding automatic renewal or cancellation under the mandatory law of your country of residence are not affected.

7.3 You can cancel at any time from the plan and billing section of your Account or by writing to info@infinithink.it. Cancellation takes effect at the end of the current billing period, except as provided in Section 7.2 for Consumers. Until then you keep access to the paid Plan, after which the Account moves to the Free plan or is closed, as you choose. Except as provided in Section 7.2 for Consumers, in Sections 8, 13, 15.2, 15.4, 20.2 and 21.2 or by mandatory law, amounts already paid for the current period are not refunded.

7.4 If a payment fails, we may retry the charge and ask you to update your payment method. If payment is not received within 14 days of the first failed attempt, we may downgrade the Account to the Free plan or suspend paid features. Your Customer Content is retained as described in Section 16.

7.5 Price changes. We may change prices for future billing periods by giving at least 30 days' notice by email. The new price applies from the first renewal after the notice period ends. If you do not agree, you may cancel before the change takes effect, without penalty.

7.6 We issue an invoice for every payment, delivered in accordance with the applicable rules. The payment receipt sent by Stripe confirms the charge but is not an invoice. To receive an invoice with the correct details, enter the billing details requested at checkout.

8. Consumers' right of withdrawal

8.1 If you are a Consumer, you have the right to withdraw from the contract for a paid Plan within 14 days of its conclusion, without giving any reason and without penalty, under articles 52 et seq. of the Italian Consumer Code (Legislative Decree 206/2005). If the paid subscription starts at the end of a free trial, the 14-day period runs from the first charge. Upgrading to a higher Plan or switching from monthly to annual billing is a new purchase, with a new 14-day withdrawal period, and if you withdraw from the upgrade or switch, the Account returns to the previous Plan and billing period and Sections 8.3 and 8.5 apply to the amount paid for the upgrade or switch. The automatic renewal of the same Plan is not a new purchase and does not open a new withdrawal period. On the Free plan too, you can use the withdrawal function in Section 8.2 or close your Account at any time, at no cost.

8.2 How to withdraw. You can use the withdrawal function labelled "Withdraw from contract here" (in the Italian version, "Recedere dal contratto qui"), which is continuously available throughout the withdrawal period in the footer of every page of the website, including without logging in to your Account, and in the plan and billing section of your Account (art. 54-bis of the Italian Consumer Code). You enter or confirm your name, the details that identify the contract, such as your Account email or order number, and the email address to which we should send the confirmation, then you submit your statement using the "Confirm withdrawal" button (in the Italian version, "Conferma recesso"). We send you without delay, on a durable medium, for example by email, an acknowledgement setting out the content of your statement and the date and time it was submitted. Alternatively, you can send a clear statement to info@infinithink.it or to the business address shown in Section 1. You may use the model form in Annex A, but you are not obliged to. To meet the deadline, it is sufficient to send your communication before the 14-day period expires. In that case too, we acknowledge receipt of your withdrawal without delay on a durable medium.

8.3 Immediate start of the Service. When you purchase, you may expressly ask us to start providing the paid Plan immediately, during the withdrawal period. If you then withdraw, you will pay an amount proportionate to the Service provided until you informed us of your withdrawal, calculated on the number of days of Service compared with the whole period paid for, and we will refund the rest (art. 57, paragraph 3, Consumer Code). If the paid subscription starts at the end of a free trial, you may make the request for an immediate start when you activate the trial, in which case the proportionate amount is calculated from the first charge. If you withdraw without having requested an immediate start, we will refund the full amount paid.

8.4 Credit top-ups. You may also withdraw from one-off purchases of Credits within 14 days of purchase. If you asked us to make them available immediately, we will refund the price of the Credits not yet used at the time you inform us of your withdrawal, and the proportionate price of the Credits already used remains payable. If you made no such request, we will refund the full amount paid. If you used all the Credits in the top-up within the withdrawal period, having expressly requested immediate performance and acknowledged that you would lose your right of withdrawal once the contract was fully performed, you can no longer withdraw (art. 59, paragraph 1, letter a, Consumer Code).

8.5 Refunds. We refund any amounts due within 14 days of receiving your withdrawal, using the same means of payment you used, unless you agree otherwise, and at no cost to you.

8.6 The right of withdrawal under this Section does not apply to Business Customers.

9. Customer Content

9.1 Your Input. You keep all the rights you hold in your Input. You confirm that you have the rights, permissions and legal bases needed to submit it, including for any personal data of third parties.

9.2 Output. As between you and us, and to the extent permitted by law, we assign to you any rights we may have in the Output generated for you. The assignment does not cover Output generated in breach of the Acceptable Use Policy. Please note that

• under Italian law, as amended by Law 132/2025, and under the laws of many other countries, content generated with AI may be protected by copyright only where it is the result of a person's intellectual work, so Outputs may not be protected;
• similar or identical Outputs may be generated for other users, and you acquire no exclusivity over them;
• the terms of AI Providers may restrict the use of Outputs, and you must comply with those restrictions when they are made known to you.

9.3 Licence to us. You grant us a non-exclusive, worldwide, royalty-free licence to host, copy, process, transmit and display Customer Content only to the extent necessary to provide, secure and support the Service, to comply with the law and to enforce these Terms. This licence ends when the Customer Content is deleted, except for copies we must keep by law and backups awaiting deletion.

9.4 No training on your content. We do not use Customer Content to train AI models. We send Input to AI Providers only to obtain the Output you request, through their paid API services for businesses and, where the provider allows it, with settings that exclude the use of data for training. At the date of these Terms, the terms of those services provide that the data received is not used to train the provider's models, unless otherwise agreed. AI Providers may retain data for a limited period for security and abuse-prevention purposes, as described in the Privacy Policy. If you use your own API keys (Section 3.7), the terms of your contract with the AI Provider apply.

9.5 You are responsible for your Customer Content and for how you use Outputs, including checking their accuracy, their compliance with the law and with third-party rights, and meeting the obligations that the AI Act places on deployers, in particular under art. 50, paragraph 4, where they apply to you. The obligations of the provider of the system remain with us, as described in the AI Transparency Notice.

9.6 Special data. You may not submit to the Service special categories of personal data of other people (art. 9 GDPR), personal data relating to criminal convictions and offences (art. 10 GDPR) or personal data of minors, unless your Plan expressly allows it and you have accepted the additional measures set out in the Data Processing Agreement. We also ask you not to submit data of this kind about yourself, unless it is necessary for your request.

10. Nature and limits of AI-generated Output

10.1 Outputs are generated automatically by probabilistic models. They may be inaccurate, incomplete, out of date, biased or offensive, and may resemble existing material. They do not constitute legal, tax, medical, financial or any other professional advice.

10.2 You must review Outputs with appropriate human judgement before relying on or publishing them, especially in professional, regulated or public contexts. If you are a professional, you may have specific duties to inform your clients about your use of AI, for example under art. 13 of Law 132/2025 for the intellectual professions.

10.3 Content marking. For generated images, audio and video, the Service applies or preserves machine-readable markings that identify them as AI-generated, to the extent technically feasible and as described in the AI Transparency Notice (art. 50, paragraph 2, AI Act). You may not remove or alter those markings.

11. Acceptable use

Your use of the Service must comply with the Acceptable Use Policy, which forms part of these Terms, and with the usage policies of the AI Providers and of the third-party platforms you connect. Breach of the Acceptable Use Policy may lead to removal of content, suspension or termination under Section 15.

12. Third-party services and integrations

12.1 The Service can connect to third-party services of your choice, such as WordPress, Meta (Facebook, Instagram, WhatsApp and Messenger), Telegram, other social media platforms and Google services. Your use of those services is governed by their own terms, and you are responsible for complying with them.

12.2 We are not responsible for the availability, changes or conduct of third-party services. If a third party changes or withdraws its interface, the related feature may stop working. For Consumers, this does not affect Section 13.

12.3 When you connect a third-party account, you authorise us to access it and act on it within the permissions you grant, solely to provide the feature you requested. You can disconnect it at any time.

12.4 Messaging and chatbots. When you use chatbots or voice assistants, or send messages through WhatsApp, Telegram, Instagram, Messenger or other channels, you are responsible for obtaining any consent required from recipients, for honouring their requests to stop receiving messages, and for complying with platform rules and with data protection law and the law on commercial communications and direct marketing. Promotional messages on WhatsApp, Telegram, Messenger, Instagram or SMS and calls made by voice bots require the recipient's prior consent (art. 130 of the Italian Privacy Code), because the exception for existing customers applies only to email. For calls made by a human operator, you must comply with the Italian public opt-out register (Registro pubblico delle opposizioni). You must provide your privacy notice to the users of your chatbots and voice bots, tell them at the start of the call if the conversation is recorded or transcribed, and collect on your websites the consent required for the widget technologies that need it. The Service automatically displays, at the latest at the start of the first interaction, the notice informing people that they are interacting with an AI system, and voice bots state it at the start of every call. You may customise its wording, provided that it remains clear that it is an AI system, but you may not remove it, hide it or make it hard to notice. Where the Service cannot display the notice automatically in a channel, that channel is activated only after you have inserted the notice in the welcome message or in the first reply, as indicated in the interface.

13. Legal guarantee of conformity for Consumers

13.1 If you are a Consumer, you benefit from the legal guarantee of conformity for digital content and digital services under articles 135-octies et seq. of the Italian Consumer Code. We are liable for any lack of conformity that occurs or becomes apparent during the period in which the Service is supplied to you under the contract. For one-off supplies, such as Credit top-ups, we are liable for any lack of conformity that exists at the time of supply and becomes apparent within two years of it (art. 135-quaterdecies Consumer Code).

13.2 In the event of a lack of conformity, you may ask us to bring the Service into conformity and, where the law allows, obtain a proportionate price reduction or terminate the contract. Write to info@infinithink.it describing the problem.

13.3 We may modify the Service for valid reasons, such as security, changes in the law, changes made by AI Providers or improvements, at no additional cost to you. If a modification has more than a minor negative impact on your access to or use of the Service, we will inform you in advance on a durable medium, and you may terminate the contract free of charge within 30 days of the notice or of the modification, whichever is later, with a refund of any prepaid amount for the remaining period and of the price of any Credits purchased as top-ups and not yet used (art. 135-vicies semel Consumer Code).

14. Liability

14.1 Nothing in these Terms excludes or limits liability for wilful misconduct or gross negligence, for death or personal injury, or any other liability that cannot be limited under applicable law (art. 1229 Italian Civil Code). Consumers retain all rights granted by mandatory law. The limitations in this Section do not apply to liability towards data subjects under art. 82 GDPR.

14.2 For Business Customers, to the maximum extent permitted by law,

• the Service, including Outputs, is provided "as is" and "as available", without any warranty that it will be uninterrupted, error-free or fit for a particular purpose;
• we are not liable for indirect or consequential loss, loss of profit, revenue, business opportunity or goodwill, or for loss of data that could have been avoided by keeping regular backups;
• our total liability arising out of or in connection with the contract, in any 12-month period, is limited to the amounts paid by the Business Customer for the Service in the 12 months preceding the event giving rise to the liability or, if the Customer has used only the Free plan, to €100.

14.3 Except to the extent the loss is attributable to us, we are not liable for loss caused by your Customer Content, by your use of Outputs, by third-party services you connect or by your breach of these Terms.

14.4 Business Customers will indemnify us against third-party claims, damages and reasonable costs, including legal fees, arising from their Customer Content, their use of Outputs or their breach of these Terms or of the law.

15. Suspension and termination

15.1 We may suspend access to all or part of the Service, with prior notice where reasonably possible, if

• you seriously or repeatedly breach these Terms or the Acceptable Use Policy;
• suspension is necessary to prevent harm to the Service, to other users or to third parties, or to comply with the law or an order of a public authority;
• a payment remains outstanding as described in Section 7.4.

15.2 We may terminate the contract under art. 1456 of the Italian Civil Code, by written notice, including by email, if you breach your obligations under Sections 4.2 (accurate registration and billing details), 4.3 (one Free Account only), 11 (Acceptable Use Policy) or 18 (the Provider's intellectual property), or if a payment remains outstanding after the suspension described in Section 7.4. Except in cases of serious breach, unlawful use or legal obligation, we will notify you before terminating and, where the breach can be remedied, give you a reasonable period to remedy it. Where we take a content moderation decision, we provide a statement of reasons as required by Regulation (EU) 2022/2065 (Digital Services Act), where applicable. Decisions to suspend or terminate an Account are not taken solely by automated means, and you may ask for them to be reviewed by a person under Section 16 of the Acceptable Use Policy. If we terminate a Consumer's contract, we refund the portion of the prepaid price relating to the period after termination and the price of any Credits purchased as top-ups and not yet used, without prejudice to our right to claim damages.

15.3 You may close your Account at any time from the Account settings or by writing to info@infinithink.it. Paid subscriptions are subject to Section 7.3.

15.4 We may stop offering the Service by giving at least 60 days' notice, in which case we refund any prepaid amounts for periods after the Service ends and the price of any Credits purchased as top-ups and not yet used.

16. Effects of termination, data export and switching

16.1 From the end of the contract, for whatever reason, you have 30 days to download your Customer Content using the functions available in the Service, or to ask us for a copy by writing to info@infinithink.it. After that period, we delete the Account and the Customer Content within 30 days, and backup copies are overwritten on rotation within the following 35 days. This does not apply to data we are required to keep by law, such as invoices and accounting records. If you close your Account and ask us to delete it immediately, we will do so without waiting for the 30-day period. If a paid subscription ends and the Account moves to the Free plan, your Customer Content remains in the Account, although some features may no longer be available on the Free plan. If a Free Account remains inactive for 24 months, we notify you by email and, if you do not log in within 30 days of the notice, we close the Account and delete the data in accordance with this Section.

16.2 Switching. Under Chapter VI of Regulation (EU) 2023/2854 (Data Act), you may ask us at any time, giving no more than two months' notice, to switch to another provider or to your own infrastructure. In that case

• the contract remains in force during the notice period and the transitional period;
• we will cooperate in good faith and provide you, within a transitional period of no more than 30 days, with the exportable data in a structured, commonly used and machine-readable format, such as JSON or CSV for data and the original format for files;
• if switching is technically not feasible within 30 days, we tell you so, with reasons, within 14 working days of your request, together with an alternative transitional period of no more than 7 months;
• we assist you with the switch and act with due care to maintain the continuity of the Service and a high level of data security;
• the exportable data includes Input, Output, documents, images and other files, chat history, chatbot configurations and knowledge bases, contacts collected through chatbots and Account data;
• data relating to the internal operation of the Service, such as code, system instructions, model configurations and security logs, is not exportable;
• after the transitional period, you can retrieve your data for at least a further 30 days, and at the end of that retrieval period we delete all exportable data, with the backup overwriting times set out in Section 16.1;
• we do not charge for switching or for data export.

16.3 These provisions do not limit your rights under the GDPR. You may at any time and free of charge request access to your personal data, including personal data contained in security logs, and its portability in the cases provided for by art. 20 GDPR, as described in the Privacy Policy.

17. Business Customers and custom terms

17.1 Business Customers. These Terms apply to Business Customers, supplemented by the custom terms in Section 17.2 when agreed in writing.

17.2 Custom terms. For teams of more than 25 seats, the terms, including any service levels, security requirements and limits of liability, are set out in a specific order form.

17.3 Confidentiality. Each party will keep confidential any non-public information received from the other in connection with the contract and use it only to perform the contract, for its duration and for 3 years afterwards. This does not apply to information that is public, already known to the receiving party or required to be disclosed by law.

17.4 Data protection. Where we process personal data on behalf of a Business Customer, the Data Processing Agreement, made available and accepted at the time of the order, applies and forms part of the contract.

18. The Provider's intellectual property

The Service, its software, interfaces, design, documentation and the Infinithink name and logo belong to the Provider or its licensors. You receive a limited, non-exclusive, non-transferable right to use the Service for the duration of the contract, in accordance with these Terms. You may not copy, modify, resell or reverse-engineer the Service, except as permitted by law. If you send us suggestions or feedback, we may use them freely without any obligation to you.

19. Personal data

We process personal data as described in the Privacy Policy and the Cookie Policy. We are the controller of the Account, billing, usage and security data of all Customers and of the Customer Content of Consumers. For personal data contained in the Customer Content of Business Customers and for the data of the users of chatbots, we act as processor or sub-processor under the Data Processing Agreement. We also process Customer Content as an independent controller, on the basis of our legitimate interest, only to the extent necessary for security, abuse prevention and enforcement of the Acceptable Use Policy, as described in the Privacy Policy.

20. Changes to these Terms

20.1 We may amend these Terms for valid reasons, such as changes in the law, developments of the Service, changes in the terms of AI Providers or other suppliers, or for security and abuse-prevention reasons. We will notify you by email or in your Account at least 30 days before any material change takes effect, unless a shorter period is required by law or for security reasons. Non-material changes may not be to your detriment. Changes to prices and to the Service are governed by Sections 7.5 and 13.3. Changes do not have retroactive effect.

20.2 If you do not accept the changes, you may terminate the contract before they take effect, without penalty and with a refund of any prepaid amount for the remaining period and of the price of any Credits purchased as top-ups and not yet used. If you do not terminate the contract by the effective date, the amended Terms apply.

21. Transfer of the contract

21.1 The Provider may transfer the contract to a company it controls, including a newly incorporated company, that continues to offer the Service under the Infinithink brand, or to a purchaser of the business. Under art. 1407 of the Italian Civil Code, you consent in advance to such transfer, which takes effect on the date stated in the notice we will send you at least 30 days beforehand. In the same notice we will inform you of any change in the controller of your personal data. The transfer of your personal data to the transferee is not based on the consent given under this Section, but on the continuation of the contract and on the legitimate interest in the continuity of the business, and the new controller will provide you with its own privacy notice.

21.2 The transfer will not reduce the rights and protections you have under these Terms and under the law. If you do not wish to continue with the new entity, you may terminate the contract before the transfer takes effect, without penalty and with a refund of any prepaid amount for the remaining period and of the price of any Credits purchased as top-ups and not yet used.

21.3 You may not transfer the contract without our prior written consent.

22. Force majeure

Neither party is liable for any failure or delay caused by events beyond its reasonable control, such as natural disasters, widespread failures of networks or energy supply, large-scale cyber attacks, widespread failures of AI Providers or hosting providers that are themselves caused by events beyond their reasonable control, or acts of public authorities. The affected obligations are suspended for the duration of the event. Payments for periods in which the Service was available remain due. For Consumers, Section 13 and the right to a price reduction for periods of unavailability are not affected.

23. Communications, language, support and complaints

23.1 We communicate with you by email to the address associated with your Account and through notices in the Account. You can contact us at info@infinithink.it.

23.2 These Terms are available in Italian and in English. In the event of any discrepancy, the Italian version prevails, provided that, for Consumers, any doubt as to interpretation is resolved in their favour (art. 35 Consumer Code).

23.3 Support and complaints. You can request support or make a complaint by writing to info@infinithink.it or to the business address shown in Section 1. We reply in writing as soon as possible and in any event within 30 days of receiving the complaint.

24. Governing law and jurisdiction

24.1 These Terms are governed by Italian law. If you are a Consumer habitually resident in another country, you keep the protection of the mandatory provisions of the law of that country (art. 6 Regulation (EC) 593/2008).

24.2 For Consumers resident in Italy, the court of the place where the Consumer resides or is domiciled has exclusive jurisdiction (arts. 33, paragraph 2, letter u, and 66-bis Consumer Code). Consumers resident in other Member States of the European Union may bring proceedings before the courts of their own Member State or in Italy, while we may bring proceedings against them only before the courts of the Member State in which they reside (art. 18 Regulation (EU) 1215/2012).

24.3 For Business Customers, the courts of Mantua (Mantova), Italy, have exclusive jurisdiction. The Provider nevertheless remains free to bring proceedings before the courts of the place where the Business Customer has its registered office.

24.4 Consumers may use the out-of-court dispute resolution (ADR) procedures provided for in Part V, Title II-bis, of the Italian Consumer Code. We will consider in good faith any request to settle a dispute amicably, which you can send to info@infinithink.it.

25. Specific approval by Business Customers

For Business Customers, under articles 1341 and 1342 of the Italian Civil Code, the clauses listed below are specifically approved by means of a separate acceptance at registration or at the time of the order.

• 3.2, change and replacement of models and suppliers;
• 3.3, change and withdrawal of beta features;
• 3.4, no guaranteed minimum availability;
• 3.5, prohibition of high-risk uses and responsibility for such uses;
• 5.4, no carry-over and non-refundability of Credits;
• 5.5, fair use and technical limits;
• 6.1, changes to and discontinuation of the Free plan;
• 7.2, automatic renewal;
• 7.3, no refund for the current period;
• 7.4, suspension for non-payment;
• 7.5, price changes;
• 9.2, exclusion from the assignment of Output generated in breach of the Acceptable Use Policy;
• 9.6, restrictions on submitting special data;
• 12.2, exclusion of liability for third-party services;
• 14, limitation of liability and indemnity;
• 15, suspension and termination;
• 16.1, deletion of data;
• 17.1, non-refundable setup fee;
• 18, restrictions on use of the Service, prohibition of resale and reverse engineering;
• 20, changes to these Terms;
• 21, transfer of the contract, including the prohibition on transfer by the Customer under Section 21.3;
• 22, force majeure;
• 24.3, exclusive jurisdiction.

Annex A. Model withdrawal form

Complete and return this form only if you wish to withdraw from the contract. You can send it by email to info@infinithink.it.

To Lorenzo Locantore (Infinithink), Via Marta Tana 19, 46043 Castiglione delle Stiviere (MN), Italy, email info@infinithink.it

I hereby give notice that I withdraw from my contract for the supply of the following service ……………………………………………… (name of the Plan or top-up)

Ordered on ………………………………

Account email ………………………………

Name of consumer ………………………………

Address of consumer ………………………………

Signature of consumer, only if this form is sent on paper ………………………………

Date ………………………………

Questions about this document? Write to info@infinithink.it.