Terms & Conditions

1. Scope

These General Terms and Conditions (T&C) govern the use of the web service ScalnifyPro (available at scalnifypro.martinellisoftware.com), including the paid subscriptions (PRO, ULTRA) and the pay-as-you-go credits. The service is operated by Martinelli Software Studio.

Separately distributed desktop software (e.g. PassForte Pro) is subject to its own, separate terms.

2. Provider

Martinelli Software Studio
Solarstr. 25
8404 Winterthur
Switzerland
E-mail: support.scalnifypro@martinellisoftware.com

3. Description of Services

ScalnifyPro provides AI-powered image tools (including upscaling, background removal and other editing tools). Free access with a daily usage limit is available. Paid subscriptions (PRO, ULTRA) include a monthly credit allowance; pay-as-you-go credits can be purchased as a one-time purchase.

The credit allowance of the paid plans is reset at the start of each billing period and does not carry over to the following month; pay-as-you-go credits are purchased separately as a one-time purchase and do not expire.

Image processing is carried out in part via third-party services. Result files are stored only temporarily (about 30 minutes) and then deleted automatically. As these are AI-generated results, no particular result can be guaranteed.

4. Prices and Payment

All prices are stated in Swiss francs (CHF). No Swiss VAT is charged. Payment is processed by Payrexx AG via the payment methods provided in Payrexx.

Subscriptions renew automatically on a monthly basis until they are cancelled.

5. Conclusion of Contract and Delivery

The contract is concluded upon payment confirmation by Payrexx AG. The service is provided digitally: credits or the selected plan are activated in your account immediately after successful payment.

6. Term, Cancellation and Payment Failure

Subscriptions run monthly and can be cancelled at any time — via the link contained in the payment or confirmation email from Payrexx, or by email to support.scalnifypro@martinellisoftware.com.

A cancellation takes effect at the end of the period already paid for; there is no immediate downgrade — access remains until the end of the current billing period.

If a due subscription payment cannot be collected successfully, the subscription is not renewed; access ends when the paid period expires and the account reverts to the free plan.

Pay-as-you-go credits are not a subscription and do not expire; they remain available in your account even after a subscription ends. In the event of a permanent discontinuation of the service, active users will be informed with reasonable advance notice, and any paid, unused credits can be used up beforehand or will be refunded.

7. Refunds and Right of Withdrawal

Under Swiss law, there is no statutory right of withdrawal for purchases concluded online. As the service is provided digitally and immediately and credits are usable right away, credits already used are excluded from any refund.

By using the service immediately after purchase, you consent to the immediate performance of the service and acknowledge that any right of withdrawal that may exist lapses once performance begins.

Unused pay-as-you-go credit does not expire and remains available in your account. In the event of technical problems, please contact support.scalnifypro@martinellisoftware.com — we aim to find an accommodating solution.

Mandatory consumer protection provisions in your country of residence remain unaffected.

8. Permitted Use and User Obligations

You undertake not to process any unlawful content and to use only images to which you hold the necessary rights. You are responsible for holding the necessary consents of any persons depicted in your images. In particular, the following are prohibited:

• circumventing usage or credit limits;
• creating multiple accounts to circumvent limits;
• removing watermarks from content without the necessary authorisation;
• creating non-consensual deepfakes or manipulated depictions of real persons;
• creating non-consensual intimate or sexualised depictions of real persons;
• creating sexual depictions of minors or any other illegal content;
• misusing the identity of others or impersonating others;
• processing content that is unlawful, harmful to minors or infringes the rights of third parties.

In the event of misuse, we reserve the right to restrict access or to block the account.

9. Rights to Content

You retain any rights you hold in the images you upload. Martinelli Software Studio claims no rights to your images or to the results generated; they are used solely to provide the requested processing and are stored only temporarily.

Please note: purely AI-generated results may not be protected by copyright. We do not warrant that results are protected by copyright, exclusive to you, or free of third-party rights. You are responsible for checking whether and how you may use a result.

10. Availability and Liability

The service is provided with reasonable care but without any assurance of uninterrupted availability. Maintenance, disruptions or third-party outages may result in temporary limitations.

Liability on the part of Martinelli Software Studio is — to the extent permitted by law — limited to intent and gross negligence. Liability for indirect or consequential damages is excluded. This does not affect liability for injury to life, body or health, or any other liability that is mandatory by law.

11. Data Protection

Information on the processing of personal data can be found in our Privacy Policy.

12. Changes to these T&C

These T&C may be amended. The version published at the time of purchase applies to each purchase.

13. Applicable Law and Jurisdiction

Swiss law applies. The place of jurisdiction is — to the extent permitted by law — Winterthur, Switzerland.

Mandatory consumer protection provisions and mandatory places of jurisdiction at the consumer's place of residence remain unaffected.