Public Offer

Last updated November 30, 2025

PUBLIC OFFER AGREEMENT FOR THE PROVISION OF SERVICES

Pingmind OÜ, a company established under the law of Estonia, registered under the number 17375951, with its registered office at: Kangelaste prospekt 47a-31, 20604, Narva linn, Ida-Viru maakond, Estonia (hereinafter referred to as the "Contractor"), offers an unlimited number of individuals (hereinafter referred to as the "Customer") to enter into a contract for the provision of Services (hereinafter referred to as the "Agreement").


1. DEFINITION OF TERMS AND GENERAL PROVISIONS

1.1 Services — provision of access to the Contractor's platform for AI-powered text generation, image generation, video generation, and related functionality through a unified web interface aggregating multiple third-party AI model providers, provided by the Contractor in the manner and on the terms specified in this Agreement.


1.2 Public Offer (hereinafter referred to as the "Offer", "Agreement") is a public offer addressed to an unlimited number of individuals to enter into the Agreement on the terms and conditions contained in this Offer.


1.3 Acceptance — full, unconditional acceptance by the Customer of the terms and conditions as they are set forth in the text of this Offer, performed by registering an account on the Contractor's platform and/or making payment for any of the Contractor's Services.


1.4 Customer — an individual who has made the Acceptance of this Offer. The Customer must be at least 18 years of age and legally capable of entering into binding contracts.


1.5 Parties — the Contractor and the Customer.


1.6 Subscription Plan — a recurring service package (Free, Starter, Pro, or Advanced) that grants the Customer access to certain AI models and generation capabilities with specified usage limits, as published on the Contractor's website.


1.7 Credits (Top-up Balance) — a prepaid monetary balance on the Customer's account used for pay-as-you-go AI generation when subscription limits are exhausted or as an alternative to a subscription plan.


1.8 "Euro", "EUR" or "€" means the legal tender of the Member States of the European Union that have adopted the single currency in accordance with the Treaty establishing the European Community (as amended).


1.9 The Contractor's Website — the Internet resource through which the Contractor provides access to the Services, including the web application interface for AI generation.


2. SUBJECT OF THE AGREEMENT

2.1 The Contractor undertakes to provide the Customer with access to a platform that aggregates multiple AI models for text generation, image generation, and video generation, on a paid basis in accordance with the terms of this Agreement.


2.2 The Services include, but are not limited to:


  • Access to AI-powered text generation models (including but not limited to Claude, GPT, Gemini, Grok, Llama, Mistral, DeepSeek, Qwen, and others);
  • Access to AI-powered image generation models (including but not limited to FLUX, Stable Diffusion, DALL-E, Imagen, and others);
  • Access to AI-powered video generation models (including but not limited to Sora, Veo, Luma Ray, KlingAI, and others);
  • File upload and processing capabilities for multimodal AI interactions;
  • Chat history storage and management;
  • Media library for storing generated images and videos;
  • Sharing of chat conversations via public links.

2.3 The Customer undertakes to pay the Contractor the cost of the Services in accordance with the chosen Subscription Plan and/or Credits top-up.


2.4 The Parties agree that the Contractor does not own, develop, or train the underlying AI models. The Contractor acts as an aggregator providing unified access to third-party AI model providers. The availability, quality, and capabilities of specific AI models may change without prior notice due to decisions by the respective model providers.


2.5 The Parties agree that the Contractor does not guarantee the accuracy, completeness, reliability, or suitability of any AI-generated content. AI-generated outputs may contain errors, inaccuracies, biases, or inappropriate content. The Customer assumes full responsibility for the use of any AI-generated content.


2.6 By agreeing to the terms of the Agreement, the Customer confirms its legal capacity and capacity to act, the legal use of a bank payment card, and is aware of its responsibility for the obligations imposed on it as a result of the conclusion of this Agreement.


3. TERMS OF PROVISION AND ACCEPTANCE OF SERVICES

3.1 The Services shall be provided by the Contractor through the web application accessible on the Contractor's website, on the terms and conditions specified in this Agreement.


3.2 The Customer selects a Subscription Plan and/or purchases Credits from the options published on the Contractor's website and makes payment.


3.3 The acceptance of this Offer is performed by:


  • Registering an account on the Contractor's platform; and/or
  • Making full payment for the relevant Services (Subscription Plan or Credits top-up).

Acceptance means the full and unconditional acceptance by the Customer of the terms of this Offer.


3.4 From the moment the funds are credited to the Contractor's account, payment is considered completed. Access to paid Services is activated upon successful payment processing.


3.5 The Services are provided on a continuous basis for the duration of the active Subscription Plan or until the Credits balance is exhausted.


3.6 Free tier access is provided without payment, subject to the limitations published on the Contractor's website, including restricted model access and usage limits that reset every 24 hours.


3.7 The quality of the Services provided shall comply with the generally accepted standards for cloud-based software services (SaaS).


4. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR

4.1 The Contractor has the right to:


  • 4.1.1 Independently determine the technical implementation, infrastructure, and organization of the platform for providing the Services.
  • 4.1.2 Modify, add, or remove AI models available on the platform based on third-party provider availability and commercial considerations.
  • 4.1.3 Set and modify pricing for Subscription Plans, Credits, and per-unit generation rates, with 30 days' prior notice to existing Customers for pricing changes affecting their active subscriptions.
  • 4.1.4 Suspend or terminate the Customer's account in case of violation of this Agreement, the Terms of Service, or applicable law, including but not limited to generation of prohibited content.
  • 4.1.5 Perform scheduled and unscheduled maintenance, which may temporarily limit access to the Services.
  • 4.1.6 Set rate limits on API usage to ensure fair access and platform stability.

4.2 The Contractor undertakes to:


  • 4.2.1 Provide the Customer with access to the Services in accordance with the selected Subscription Plan or Credits balance.
  • 4.2.2 Ensure reasonable uptime and availability of the platform.
  • 4.2.3 Protect the Customer's personal data in accordance with applicable data protection laws and the Contractor's Privacy Policy.
  • 4.2.4 Provide customer support via the contact channels published on the Contractor's website.
  • 4.2.5 Process refund requests in accordance with the Refund Policy published on the Contractor's website.

5. RIGHTS AND OBLIGATIONS OF THE CUSTOMER

5.1 The Customer has the right to:


  • 5.1.1 Access and use the Services in accordance with the selected Subscription Plan or available Credits balance.
  • 5.1.2 Contact the Contractor's support on issues related to the provision of the Services.
  • 5.1.3 Cancel a Subscription Plan at any time; access remains until the end of the current billing period.
  • 5.1.4 Request deletion of their account and associated data in accordance with the Privacy Policy.
  • 5.1.5 Request a refund in accordance with the Refund Policy published on the Contractor's website.

5.2 The Customer undertakes to:


  • 5.2.1 Provide accurate, complete, and truthful information during registration. The Contractor shall not be liable for inability to provide Services if the Customer's information is inaccurate.
  • 5.2.2 Pay in full the cost of the Services in the manner and on the terms specified in this Agreement.
  • 5.2.3 Not use the Services for generating illegal, harmful, abusive, or prohibited content, including but not limited to:
  • Content that violates applicable laws;
  • Content promoting violence, terrorism, or harm;
  • Content infringing intellectual property rights of third parties;
  • Harassment, abuse, or threats;
  • Sexual content involving minors;
  • Non-consensual deepfakes or voice cloning;
  • Any content prohibited by the Terms of Service.
  • 5.2.4 Not attempt to reverse engineer, extract, or circumvent the security measures of the platform.
  • 5.2.5 Comply with the applicable laws and the terms of this Agreement, including the Terms of Service, Privacy Policy, and Refund Policy published on the Contractor's website.
  • 5.2.6 Maintain the security of their account credentials and not share access with third parties.

6. COST OF SERVICES AND PAYMENT PROCEDURE

6.1 The cost of the Services is determined by the Subscription Plan and/or Credits top-up selected by the Customer, as published on the Contractor's website.


6.2 The following payment structures are available:


  • Subscription Plans — recurring monthly or annual payments providing access to specified AI models and generation limits;
  • Credits Top-up — one-time payments (minimum €2, maximum €400) adding funds to the Customer's balance for pay-as-you-go generation.

6.3 Per-unit generation rates (applied to Credits balance) are published on the Contractor's website and may include rates for text, image, video, and audio generation.


6.4 Credits bonus system: The Contractor may offer bonus credits on top-up purchases based on the amount purchased, as specified on the pricing page. Bonus credits are non-refundable.


6.5 All prices on the Contractor's website are set in EUR (Euro).


6.6 Payment is made via the payment methods available on the Contractor's website, which may include payments processed through Mollie, SumUp, Stripe, or other payment providers.


6.7 Subscription fees are billed in advance on a monthly or annual basis. The Services are considered paid from the moment the funds are credited to the Contractor's account via the payment provider.


6.8 Credits do not expire while the Customer's account remains active.


6.9 In case of early termination of the Agreement at the initiative of the Contractor (except in cases of the Customer's violation of this Agreement), the Contractor shall refund the unused portion of the prepaid Subscription and/or unused Credits balance in accordance with the Refund Policy.


7. RESPONSIBILITY OF THE PARTIES

7.1 For non-fulfillment or improper fulfillment of obligations under this Agreement, the parties shall be liable in accordance with applicable law.


7.2 The Contractor's Services and all related materials, including AI-generated content, are provided "AS IS", without any warranties, express or implied. The Contractor does not provide any warranties, including commercial suitability, fitness for a particular purpose, and non-infringement of third party rights.


7.3 The Contractor shall not be liable for:


  • The accuracy, completeness, reliability, or suitability of AI-generated content;
  • Temporary unavailability of specific AI models due to third-party provider decisions;
  • Any decisions or actions taken by the Customer based on AI-generated content;
  • Indirect, incidental, consequential, or special damages, lost profits, or loss of data.

7.4 Maximum liability: The Contractor's total liability under this Agreement shall not exceed the greater of (a) the total amount paid by the Customer to the Contractor in the 12 months preceding the claim, or (b) €100.


7.5 The Customer agrees that the disclaimer of warranties and limitation of liability set forth in these terms reflect a reasonable and fair allocation of risks, and is also a necessary condition for the provision of the Services by the Contractor at an affordable fee.


8. FORCE MAJEURE

8.1 The Parties shall be released from liability for full or partial failure to fulfill their obligations if such failure is caused by circumstances beyond the control of the Parties, namely: military operations, natural disasters, man-made and other accidents, strikes, lockouts, acts of government or administration, cyberattacks, major disruptions to third-party AI provider infrastructure, widespread internet outages, and other events that make it impossible to fulfill the terms of this Agreement (hereinafter referred to as "Force Majeure").


8.2 The Party for which Force Majeure has occurred shall be released from liability for violation of the terms of this Agreement, provided there is written confirmation of the occurrence of Force Majeure.


8.3 The Party for which the said circumstances have occurred shall immediately notify the other Party and provide the relevant supporting documents.


8.4 From the moment of receipt of such notification by the other Party, the fulfillment of the terms of this Agreement shall be suspended for the entire period of Force Majeure.


8.5 In case of Force Majeure for more than 3 (three) months, each Party has the right to initiate termination of the Agreement.


9. TERMINATION OF THE AGREEMENT

This Agreement shall be terminated:


9.1 By agreement of the Parties.


9.2 By the Customer canceling their Subscription Plan, in which case access to paid Services continues until the end of the current billing period.


9.3 By the Customer requesting deletion of their account.


9.4 By the Contractor, in case the Customer violates this Agreement, the Terms of Service, or applicable law. In cases of suspected fraud, illegal activity, or generation of prohibited content, the Contractor may terminate this Agreement immediately without prior notice.


9.5 If it is impossible for a Party to fulfill its obligations due to the adoption of regulations that have changed the conditions established by this Agreement, and either Party does not agree to make appropriate changes to the Agreement.


9.6 In other cases provided for by this Agreement and applicable law.


10. PROCESSING OF PERSONAL DATA

10.1 The Contractor is committed to protecting the rights of individuals in line with the General Data Protection Regulation (EU 2016/679) of the European Parliament and of the Council of 27 April 2016.


10.2 The protection of Customer's privacy and Personal Data is an important concern to which the Contractor pays special attention throughout its business processes. Personal Data is processed in accordance with the provisions set out in the GDPR and the relevant applicable Data Protection Laws and Regulations.


10.3 The Customer's Personal Data is used for the following purposes:


  • Providing and maintaining the Services;
  • Processing payments and managing subscriptions;
  • Account management and customer support;
  • Fraud and abuse detection;
  • Platform improvement and analytics;
  • Compliance with legal obligations.

10.4 The legal basis for processing Personal Data includes: performance of the contract, consent, legitimate interests, and compliance with legal obligations.


10.5 The Customer may withdraw consent for data processing at any time by contacting the Contractor at to@pingmind.io or by deleting their account through the platform settings.


10.6 Detailed information about data collection, processing, storage, and the Customer's rights is set forth in the Privacy Policy published on the Contractor's website.


11. VALIDITY OF THE OFFER

11.1 This Offer comes into force from the moment of its publication by the Contractor and is valid until its withdrawal by the Contractor.


11.2 The Contractor has the right to make changes to the terms of the Offer at any time and/or withdraw the Offer at any time at its discretion. In case the Contractor makes changes to the Offer, such changes shall enter into force from the moment they are published on the Contractor's website, unless another term for the entry into force of the changes is specified directly in the text of the amended Offer. Existing Customers will be notified of material changes at least 30 days in advance via email or in-app notification.


12. FINAL PROVISIONS

12.1 The Parties have established that any disputes and claims will be resolved through negotiations.


12.2 By accepting this Offer, the Customer agrees that all disputes related to this Agreement will be considered in accordance with the laws of Estonia without regard to conflict of laws. The Customer also agrees that all such disputes are within the exclusive jurisdiction of the relevant Estonian courts.


12.3 The headings used in the articles and paragraphs of this Offer are used only for reference and ease of use. These headings may not be considered as determinative, limiting or changing, or affecting the meaning and content of the terms of this Offer or any part thereof.


12.4 The Parties to this Agreement have decided that if a part of this Agreement is recognized as invalid (illegal), the Agreement itself shall be deemed concluded without including the invalid (illegal) part. In this case, the Party to this Agreement may not refer to the fact that without the inclusion of the invalid (illegal) part in the Agreement it would not have concluded it.


12.5 All of the foregoing constitutes a single text of the Agreement, which supersedes all previous negotiations, correspondence, agreements, proposals, and statements concluded or expressed by the Parties on the subject matter of the Agreement in oral or written form.


12.6 In all cases not provided for in this Offer, the Parties shall be governed by the current legislation of Estonia.


13. DETAILS OF THE CONTRACTOR

Pingmind OÜ
Reg. code: 17375951
Kangelaste prospekt 47a-31, 20604
Narva linn, Ida-Viru maakond
Estonia
Email: to@pingmind.io