INK TOOLS LLC Terms of Service Governing your use of the Ink Tools platform inktools.app · support@inktools.art · Texas, United States These Terms of Service ("Terms") constitute a legally binding agreement between you ("Artist," "User," or "you") and Ink Tools LLC, a Texas limited liability company ("Ink Tools," "we," "us," or "our"), governing your access to and use of the Ink Tools platform available at inktools.app and all related services, tools, and features (collectively, the "Platform"). BY CREATING AN ACCOUNT OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT CREATE AN ACCOUNT OR USE THE PLATFORM. 1. Eligibility & Account Registration 1.1 Who May Use the Platform The Ink Tools platform is intended exclusively for professional tattoo artists, tattoo studios, and related industry professionals located in the United States. By creating an account, you represent and warrant that: - You are at least 18 years of age - You are located in and operating your tattoo business within the United States - You have the legal authority to enter into these Terms on behalf of yourself or the business entity you represent - All information you provide during registration is accurate, current, and complete The Platform is not intended for use by or directed at individuals outside the United States. If you access the Platform from outside the United States, you do so at your own risk and are responsible for compliance with local laws. Ink Tools reserves the right to restrict or terminate access for users outside the United States. 1.2 Account Security You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify Ink Tools immediately at support@inktools.art if you suspect unauthorized access to your account. Ink Tools is not liable for any loss resulting from unauthorized use of your account. 2. Platform Features & Services The Ink Tools platform provides tattoo artists with a suite of business management tools, which may include the following features depending on your subscription tier: 2.1 Booking Website & Client Inquiry Forms Ink Tools provides each Artist with a customizable, client-facing booking website and inquiry form. When a prospective client submits an inquiry through your booking form, a client file is automatically created in your account. You are solely responsible for the content, accuracy, and legality of your booking website and any terms and conditions you present to your clients through the booking form. Ink Tools is not a party to any agreement between you and your clients. Any terms and conditions you present to clients on your booking form are your own legal agreements, and Ink Tools bears no responsibility for their content, enforceability, or any disputes arising from them. You are advised to consult a licensed attorney before publishing any binding client-facing terms. 2.2 Client Files & Data Management The Platform stores client files containing contact information, tattoo details, reference images, and body placement photos submitted through your booking form. You are responsible for managing your client data in compliance with all applicable laws. You have the ability to delete client files at any time, and deletion triggers a full removal of that data from Ink Tools' systems. 2.3 Messenger & Communications The Platform includes a messenger feature that allows you to communicate with clients via email and optional SMS. Each Artist is provided a custom email address using the @inktools.app domain. This email address is accessible only through the Ink Tools messenger and cannot be accessed through external email clients. Optional SMS messaging is available as a paid add-on. SMS numbers are provisioned through Twilio, Inc. SMS communications are subject to Twilio's terms of service and acceptable use policies. You are responsible for ensuring all client communications through the Platform comply with applicable law, including the Telephone Consumer Protection Act (TCPA). 2.4 Appointment Calendar The Platform provides an appointment calendar linked to your client files. Optional automated appointment confirmations and reminders may be sent to clients via email or SMS using Ink Tools' toll-free number. You are responsible for ensuring clients have consented to receive such communications. 2.5 Invoicing & Payment Processing Optional invoicing and payment processing features are available through the Platform and are governed by the Ink Tools Payment Processing & Stripe Connect Terms of Service, which are incorporated herein by reference. You must separately opt in to and accept those terms before accessing payment features. In the event of any conflict between these Terms and the Payment Processing Terms, the Payment Processing Terms shall govern with respect to payment-related matters. 2.6 Affiliate Program An optional affiliate program is available to eligible Artists who have enabled payment processing. Participation in the affiliate program is governed by the Ink Tools Affiliate Program Terms, which are incorporated herein by reference and require a separate opt-in. Affiliate commissions are paid through Stripe. 3. Client Consent & Communications Compliance 3.1 Client Opt-In Requirements When collecting client information through your Ink Tools booking form, you are responsible for ensuring clients provide informed, affirmative consent before receiving communications. The Platform presents clients with the following separate, unchecked opt-in checkboxes which clients must actively check to consent: - Email opt-in: "I agree to receive appointment-related emails from [Artist Name] via Ink Tools. You may opt out at any time by contacting the artist or clicking unsubscribe in any email." - SMS opt-in: "I agree to receive appointment-related SMS messages from [Artist Name] via Ink Tools. Message and data rates may apply. Reply STOP at any time to opt out." Clients who do not check an opt-in box will not receive communications through that channel. The Platform enforces these preferences automatically. You may not attempt to circumvent client opt-out preferences or contact clients through the Platform using channels they have not consented to. 3.2 Your Compliance Responsibility You are solely responsible for ensuring your use of the Platform's communication features complies with all applicable laws, including but not limited to the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and any applicable state laws. Ink Tools provides the technical infrastructure for communications but is not responsible for how you use it. Ink Tools reserves the right to suspend communication features on your account if it receives credible reports of non-compliant messaging. 4. Subscriptions, Billing & Cancellation 4.1 Subscription Plans Ink Tools offers the following subscription tiers for access to the Platform: - Basic Plan: $10.00/month or $105.00/year - Premium Plan: $50.00/month or $540.00/year - SMS Add-On: $10.00/month (optional, available on any plan) Features available under each plan are described on the Ink Tools website and within the Platform. Ink Tools reserves the right to modify plan features and pricing with thirty (30) days' written notice. 4.2 Free Trial New users are eligible for a 14-day free trial upon account creation. No payment information is required to begin the free trial. At the end of the trial period, continued access requires selection of a paid subscription plan. Ink Tools reserves the right to modify or discontinue the free trial offer at any time. 4.3 Billing & Renewal Subscriptions are billed in advance on a monthly or annual basis depending on your selected billing cycle. Subscriptions automatically renew at the end of each billing period unless cancelled. You authorize Ink Tools to charge your payment method on file for each renewal period. 4.4 Cancellation You may cancel your subscription at any time through your account settings. Upon cancellation, you will retain access to the Platform through the end of your current paid billing period. At the end of that period, your account will be restricted and a reactivation screen will be presented. You may reactivate your subscription at any time. 4.5 No Refunds All subscription fees are non-refundable. Ink Tools does not offer prorated refunds for unused portions of a billing period. If you cancel mid-period, you will retain access through the end of that period and will not be charged for the following period. This no-refund policy applies to all plans including the SMS add-on. 5. Acceptable Use Policy You agree to use the Platform only for lawful purposes in connection with your legitimate tattoo business. You agree not to: - Use the Platform to harass, abuse, or send unsolicited communications to clients or third parties - Upload or store content that is illegal, defamatory, obscene, or infringes on any third party's intellectual property rights - Attempt to gain unauthorized access to any other user's account or any Ink Tools system - Use the Platform to conduct any business other than tattoo-related services - Reverse engineer, decompile, or attempt to extract the source code of the Platform - Use automated scripts or bots to access or interact with the Platform - Misrepresent your identity, credentials, or business to clients through the Platform - Violate any applicable federal, state, or local law in your use of the Platform Ink Tools reserves the right to investigate suspected violations of this policy and to suspend or terminate accounts that violate these terms, with or without prior notice. 6. Client Data & Your Legal Responsibilities 6.1 You Are the Data Controller When clients submit personal information through your Ink Tools booking form, you — not Ink Tools — are the data controller for that information. Ink Tools acts as your data processor, storing and handling client data solely to provide the Platform's features to you. You are responsible for managing client data lawfully and in accordance with any applicable privacy regulations. 6.2 Booking Form Terms & Conditions If you choose to include terms and conditions on your booking form (for example, policies regarding deposits, cancellations, or rescheduling), those terms are your own and are not endorsed, reviewed, or approved by Ink Tools. You are solely responsible for the content, accuracy, and enforceability of any client-facing terms you publish through the Platform. 6.3 Client Consent to Communications You are responsible for obtaining and documenting any consents required by law before sending marketing or promotional communications to clients. The opt-in checkboxes provided by the Platform satisfy your obligations for appointment-related email and SMS, but you are responsible for any communications beyond that scope. 7. Intellectual Property 7.1 Platform Ownership The Ink Tools platform, including all software, design, features, branding, and documentation, is the exclusive property of Ink Tools LLC. Nothing in these Terms grants you any ownership interest in the Platform or its components. 7.2 Your Content You retain ownership of any content you upload or create through the Platform, including your booking website copy, portfolio images, and client communications. By uploading content to the Platform, you grant Ink Tools a limited, non-exclusive license to store, display, and transmit your content as necessary to operate the Platform. You represent and warrant that you have the right to upload and use all content you submit to the Platform. 8. Disclaimers THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. INK TOOLS DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. Ink Tools is not responsible for any third-party services connected to the Platform, including Stripe, Twilio, or any other service providers. Your use of third-party services is subject to their own terms and policies. 9. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INK TOOLS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF INK TOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Ink Tools' total aggregate liability to you exceed the amount you paid to Ink Tools in the twelve (12) months preceding the event giving rise to the claim. 10. Indemnification You agree to indemnify, defend, and hold harmless Ink Tools LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any applicable law; (d) any content you post or transmit through the Platform; or (e) any dispute between you and a client. 11. Termination 11.1 Termination by You You may terminate your account at any time by cancelling your subscription and contacting support@inktools.art to request deletion. Upon termination, your data will be retained for a reasonable period consistent with our Privacy Policy, then deleted. 11.2 Termination by Ink Tools Ink Tools reserves the right to suspend or terminate your account at any time, with or without cause, and with or without prior notice. Grounds for termination include, but are not limited to, violations of these Terms, non-payment, or conduct that Ink Tools determines to be harmful to other users or the Platform. Termination for cause does not entitle you to any refund. 12. Governing Law & Dispute Resolution These Terms are governed by the laws of the State of Texas, without regard to its conflict of law principles. Any dispute arising out of or related to these Terms or your use of the Platform shall be resolved by binding arbitration under the rules of the American Arbitration Association, conducted in Texas. You waive any right to a jury trial or class action participation with respect to any such dispute. 13. Third-Party AI Assistants You are solely responsible for any third-party AI assistant, agent, or automated tool that you connect to your account, whether by sharing your login credentials, session tokens, or other means of access. Any action taken through your account by such a tool is deemed an action taken by you. Ink Tools does not review, endorse, or support third-party AI assistants and is not liable for any data exposure, loss, or unintended action resulting from your use of them. Do not share your account password with any third-party service. You may revoke a third-party assistant's access at any time by changing your password. 14. Changes to These Terms Ink Tools may update these Terms from time to time. Material changes will be communicated via email or in-platform notification at least thirty (30) days before taking effect. Your continued use of the Platform after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must cancel your account before the effective date. 15. Contact If you have questions about these Terms, please contact: Ink Tools LLC Email: support@inktools.art Website: inktools.app State of Incorporation: Texas, United States