Refund Policy

The Pending Agency · Version date: 2026-08-31 · English version — this is the authoritative text.

THE PENDING AGENCY

Effective date: 31 August 2026. This policy covers all paid products on The Pending Agency platform — monthly and yearly subscriptions (manager and artist plans), one-time credit packs, the Teams add-on, and individually agreed Enterprise plans. Prices in EUR.

Who you buy from — All purchases on the Platform are made directly from The Pending GmbH (Nestroystraße 13, 81373 Munich, Germany), which is the seller and merchant of record. Payments are securely processed on our behalf by Stripe Payments Europe, Ltd. ("Stripe") as our payment processor. Stripe never becomes your contractual counterparty; your purchase contract is with The Pending GmbH. No payment card details are stored on our servers.

1. Statutory Right of Withdrawal (Consumers) and Our 14-Day Refund Guarantee

If you are a consumer in the EU/EEA, you have a statutory right to withdraw from your purchase within 14 days without giving any reason. We extend the same 14-day guarantee to every customer — consumer or business, EEA-resident or not: request a full refund within 14 days of purchase, with no conditions, regardless of whether you have started using the Platform. To exercise it, contact support (Section 5). A model withdrawal form is set out in Section 7; using it is not mandatory — an unambiguous statement, such as an email, is enough.

Immediate performance and value adjustment for consumed credits — Subscriptions and credit packs are activated immediately after purchase. At checkout you expressly request that we begin performance before the withdrawal period ends, and you acknowledge that where you consume PEN credits during that period, a refund may be reduced by the value of the credits actually consumed, in proportion to the total purchased (Art. 14(3) Consumer Rights Directive 2011/83/EU; §§ 356(5), 357a BGB). This is not a condition on, and not a waiver of, your right to withdraw. If no credits were consumed, the refund is full.

Example — A €50 credit pack of 1,000 credits, withdrawn on day 10 after 200 credits were used → refund of €50 − (€50 × 200/1,000) = €40.

Nothing in this policy limits or replaces your statutory rights, including your statutory warranty rights and your consumer right of withdrawal. Where this policy is more generous than the law, the more generous rule applies.

2. Refund Rules by Product

2a. Monthly Subscriptions

You can cancel at any time — in the billing portal in your account settings, or through the cancellation button on our website, which works without logging in. Cancellation stops future charges; access continues until the end of the paid period. Cancellation does not by itself refund the current period beyond the 14-day window.

2b. Yearly Subscriptions

Pro-rated calculation (after the 14-day window): (annual price ÷ 12) × remaining full months. Partial months are not refunded. The €10 fee never reduces a statutory withdrawal refund (Section 1) or a non-discretionary refund (Section 3).

Example: Professional Yearly (€767.88/yr), cancelled after 3 months → (€767.88 ÷ 12) × 9 = €575.91, minus the €10 fee.

2c. One-Time Credit Packs

Purchased credits are consumed before plan-included pens, oldest purchase first. Credits count as "consumed" only when actually deducted for an AI operation, not at purchase. Purchased credits never expire. Plan-included pens are part of your subscription, reset at the start of each billing cycle, do not roll over, and are not separately refundable.

2d. Teams Add-On

Follows the monthly subscription rules (Section 2a), including the 14-day guarantee. Cancelling removes co-admin seat access at the end of the period. Not refunded separately from the main subscription after the 14-day window.

2e. Plan Changes (Upgrades and Downgrades)

Upgrades take effect immediately; the price difference for the remainder of the cycle is charged at once. Downgrades also take effect immediately, and any remaining value from the higher plan is applied as a credit to your next invoice. Mid-cycle plan changes are settled by proration on your invoices — no cash refund is issued for a downgrade.

3. Non-Discretionary Refunds

Always eligible for a full refund regardless of usage, timing, or product type. These are guaranteed and apply in addition to the rights in Section 1.

• Double / duplicate charge — refunded in full within 3 business days.
• Charged the wrong amount — the difference is refunded if the charge does not match the advertised price.
• Service not delivered — full refund or credit restoration if a subscription was never activated or credits were never added.
• Extended platform outage — pro-rated credit or refund for outages exceeding 48 consecutive hours.
• Unauthorized charge — contact us immediately; we reverse the charge via Stripe and help secure your account.
• Technical credit error — credits restored in full if a fault deducted them without completing the AI operation.

4. What Is Not Refundable

The following apply only after the 14-day window in Section 1 has passed, except where noted, and never limit your statutory rights.

Anti-abuse note — The 14-day guarantee is offered in good faith. Where an account shows a deliberate, repeated pattern of purchasing, consuming a substantial share of credits, then withdrawing — such that the refund right is used to obtain free AI compute — we reserve the right to decline further discretionary refunds and to apply the value adjustment in Section 1. This does not affect statutory rights or any single, genuine withdrawal.

5. How to Request a Refund

1. Email service@thepending.app with the subject "Refund Request — [your account email]".
2. Include your registered email, purchase date, product purchased, and optionally the reason. For a statutory withdrawal you never have to give a reason.
3. We respond within 3 business days. Approved refunds are processed via Stripe within 5–10 business days to the original payment method.

Self-service cancellation and your invoice history are available in the billing portal in your account settings; a cancellation button that does not require logging in is available on our website. Refunds are issued by The Pending GmbH through Stripe, and appear as a credit from the same merchant name that appeared on the original charge.

6. Quick Reference

7. Model Withdrawal Form (Consumers)

If you wish to withdraw from the contract using the model form, copy the text below into an email to service@thepending.app:

— To The Pending GmbH, Nestroystraße 13, 81373 Munich, Germany, service@thepending.app: I/we hereby give notice that I/we withdraw from my/our contract for the provision of the following service: [product], ordered on [date]. Name of consumer(s): [name]. Address of consumer(s): [address]. Date: [date]. (Signature only if this form is notified on paper.) —

8. Amendments & Governing Law

The Pending GmbH, operating The Pending Agency, may update this policy. Changes are posted with an updated effective date; continued use constitutes acceptance. For active subscriptions, the prior policy applies until the next renewal. For consumers, mandatory consumer-protection provisions of the country of your habitual residence remain unaffected.

This policy is governed by the laws of Germany. We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).

The Pending Agency · The Pending GmbH · Nestroystraße 13, 81373 Munich, Germany
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