Terms of Service

Consumer: If you use the Service for personal, non-commercial purposes, you are a "Consumer" and benefit from EU consumer protection laws. Professional User: If you use the Service for professional, business, or commercial purposes, you are a "Professional User" and different rights and obligations apply.

The Service is a subscription-based SaaS platform allowing visual artists to:

• Upload and manage artworks (images, videos)
• Store biographies, CVs, and descriptions
• Organize professional materials
• Connect third-party services (e.g., Instagram)

We may update, modify, or discontinue features at any time with reasonable notice.

You must:

• Be at least 18 years old
• Provide accurate registration information
• Use the Service lawfully

The Service may be used by both professional artists and hobby artists.

You are responsible for:

• Maintaining password confidentiality and enabling two-factor authentication (recommended)
• All activity under your account
• Ensuring uploaded content complies with law

We may suspend accounts that violate these Terms.

You retain full ownership of all content you upload.

By uploading content, you grant us a non-exclusive, worldwide, royalty-free license to host, store, display, process, and back up your content solely for the purpose of providing, maintaining, and improving the Service, including ensuring security and legal compliance. We do NOT claim ownership, editorial rights, or commercial exploitation rights over your content.

We may use automated tools, including artificial intelligence (AI), to categorize and tag artworks, identify visual characteristics (colors, artistic style, mood, technique, medium, and subject matter), group similar artworks into clusters based on visual similarity, and generate descriptive metadata for portfolio organization. You retain all rights to your content. We do not use your content to train third-party AI models.

You represent and warrant that:

• You own or have rights to all uploaded content
• The content does not infringe copyright, privacy, or other rights of third parties
• If uploading images containing identifiable individuals, you have obtained necessary consents

We may remove content that violates these Terms or applicable law.

You agree to indemnify and hold harmless the Provider from any claims, damages, losses, or expenses (including legal fees) arising from content you upload or your use of the Service.

IMPORTANT DISTINCTION under GDPR: For account data (your name, email, billing information): We are the Data Controller. For content you upload (artwork, biographies, CVs): We act as your Data Processor following your instructions. When you upload content containing personal data of third parties (e.g., photos of clients, collectors, or other individuals), YOU are the data controller and are responsible for GDPR compliance, including obtaining necessary consents. We process this data solely on your behalf to provide the Service.

Under the EU Digital Services Act (DSA), we provide a mechanism for reporting illegal content: If you believe content on the Service violates law, report it to: legal@pablito.app We will investigate and take appropriate action within 7 days. For copyright infringement claims, see our Copyright Policy.

If you connect Instagram or other third-party platforms so the Service can publish content on your behalf, you acknowledge and accept the following:

• Your Instagram and other social media accounts remain solely your property and your responsibility. You are responsible for complying with each platform's terms of use, community guidelines, and applicable law
• We connect to Instagram via Unipile, an unofficial third-party integration provider. We do NOT use Meta's official Graph API. You authorize us, through Unipile, to access your Instagram account only to publish scheduled content (images, videos, captions). We do NOT like, comment, follow, unfollow, send messages, or otherwise interact with other Instagram users on your behalf
• Meta (the operator of Instagram) may detect automated activity and may restrict, throttle, shadowban, suspend, or terminate your Instagram account at its sole discretion. This risk exists for every tool that publishes on your behalf, and it cannot be eliminated or guaranteed against
• To the maximum extent permitted by law, we are NOT liable for any account restriction, suspension, termination, shadowban, loss of followers, content removal, account compromise, lost revenue, or other damages caused by Meta's actions, Instagram's policies, Unipile outages or errors, or any third-party API changes
• You may revoke access at any time from your account settings or directly through Instagram; we will stop publishing on your behalf as soon as access is revoked
• We do not store third-party passwords beyond what is strictly required to establish the initial connection (see Privacy Policy for details)

IMPORTANT: By connecting Instagram, you confirm that you have read and accepted these risks. We rely on APIs and integrations provided by third parties (Unipile, Meta/Instagram). We are not responsible for changes to their policies, pricing, availability, or functionality that may affect the Service.

Access to paid features of the Service requires a paid subscription. Subscriptions renew automatically unless canceled before the renewal date — see Section 8.1 for full pricing and renewal disclosure. All prices are in EUR (€). Your payment provider may apply currency conversion fees. Prices displayed include applicable VAT. EU businesses providing a valid VAT number may qualify for reverse charge mechanism (VAT exemption). Prices may change with 30 days prior notice via email. VAT is applied according to EU digital services rules based on your location. Failed Payments: If payment fails, we will notify you and retry charging your payment method up to 3 times over 10 days. Service access may be suspended after the final failed attempt. Outstanding amounts remain due.

All paid subscriptions renew automatically until you cancel. In compliance with Article 6 of EU Directive 2011/83/EU on pre-contractual information for distance contracts, the following pricing and renewal terms apply:

• Free plan (€0): no automatic charge, no renewal
• Web plan: €9 per month or €84 per year. Renews at the same price each billing period
• Pro plan: €19 per month or €180 per year. A 7-day free trial applies only on first signup; cancel before the trial ends to avoid being charged. Renews at the same price each billing period thereafter
• Studio plan — standard pricing: €49 per month, renewing at the same price each month
• Studio plan — founding-artist annual offer: €39 for the first year only. After 12 months, the subscription automatically renews at the standard Studio rate of €49 per month (equivalent to €588 per year) unless you cancel before the renewal date. The €39 price applies exclusively to the first 12-month period and is non-recurring

We send a renewal reminder email at least 14 days before any annual subscription renewal where the renewal price differs from what you originally paid (including the Studio founding-artist transition from €39 to the standard €49/month rate). You may cancel at any time from Profile → Account; cancellation stops future renewals immediately and your access continues until the end of the current paid period. No partial refund is provided for the unused portion of the current period. The full pricing matrix is also displayed on the public pricing page at /#pricing before checkout.

This section applies ONLY to Consumers. Professional Users have no statutory withdrawal right. If you are a Consumer in the EU, you have a 14-day right of withdrawal from subscription purchase under EU Directive 2011/83/EU. HOWEVER: By subscribing and requesting immediate access to the Service (which you confirm by checking the acknowledgment box at checkout), you expressly request immediate performance and acknowledge that you thereby waive your 14-day right of withdrawal once access begins, in accordance with Article 16(m) of Directive 2011/83/EU. This waiver is legally valid and you will not be entitled to a refund after accessing the Service.

You may cancel your subscription at any time via account settings. Upon cancellation:

• Future renewals are prevented (no further charges)
• Service access continues until the end of the current paid period
• You may request a copy of your data in machine-readable format (GDPR data portability right) within 30 days of cancellation
• Data may be deleted after 90 days following cancellation, except where retention is required by law
• Outstanding payments remain due

Plan Downgrades: If you change to a lower-tier subscription, changes take effect at the next renewal. No refund is provided for the current billing period.

What We Guarantee: Service accessibility at least 99% of the time monthly (excluding scheduled maintenance). Data backups performed daily. Encryption in transit (TLS 1.3) and at rest (AES-256).

What We Do NOT Guarantee: Compatibility with all devices, browsers, or operating systems. Permanence of third-party integrations (subject to external API changes). Fitness for specific commercial purposes beyond general artist portfolio management. Uninterrupted or error-free operation. The Service is provided "as is" and "as available" subject to the above guarantees.

IMPORTANT: The Provider operates as a natural person (autónoma) without limited liability. There is no corporate shield. Claims are enforceable against the Provider's personal assets. To the maximum extent permitted by Spanish and EU law: We are not liable for indirect, incidental, consequential, or punitive damages. Total liability is limited to the amount paid by you in the 12 months preceding the claim.

Exceptions — This Limitation Does NOT Apply To: Death or personal injury caused by our negligence; Fraud or willful misconduct; Gross negligence; Liability that cannot be excluded or limited by Spanish law or mandatory EU consumer protection law.

Force Majeure: We are not liable for delays or failures due to circumstances beyond our reasonable control (force majeure), including but not limited to: infrastructure failures, cyberattacks, natural disasters, government actions, pandemics, or third-party service provider outages.

We may modify these Terms by providing 30 days notice via email to your registered email address. Continued use of the Service after the notice period constitutes acceptance of the modified Terms. Material changes affecting Consumer rights require explicit consent. If you do not accept modified Terms, you may cancel your subscription.

Initiating a chargeback through your payment provider (instead of contacting us) may result in immediate account suspension pending investigation. We reserve the right to pursue outstanding amounts and may report fraudulent chargebacks to appropriate authorities.

These Terms are governed by Spanish law. For Consumers: Mandatory consumer protection laws of your country of residence apply. You may bring legal proceedings in the courts of your country of residence or in Barcelona, Catalonia, Spain. For Professional Users: Disputes shall be submitted to the courts of Barcelona, Catalonia, Spain. Professional Users agree to attempt good-faith negotiation before initiating litigation.

This agreement complies with:

• Spanish Law 34/2002 (LSSI-CE) — Information Society Services
• Spanish Royal Legislative Decree 1/2007 — Consumer Protection
• EU Directive 2011/83/EU — Consumer Rights
• EU Directive 2019/2161 — Consumer Protection Modernization
• EU Regulation 2022/2065 — Digital Services Act (DSA)
• EU Regulation 2016/679 — General Data Protection Regulation (GDPR)