Owner and Artist Terms of Service

Published Date: September 21, 2025

Effective Date: September 21, 2025

INTRODUCTION

Inklink ApS, and any affiliates, subsidiaries, or associated companies (“Inklink”, “we”, “us”, “our”) offers an all-in-one online software platform for tattoo artists, permanent makeup artists and other professionals (the “Inklink Platform”) through which Inklink provides services designed specifically to optimize the operations of tattoo artists, tattoo studios, permanent makeup salons and other businesses (the “Inklink Services”). For Owners (“you”, “your” or “Owner”), we offer access to Inklink’s Services through the Inklink Platform which includes our Websites and Applications. By creating a Inklink Platform Account or using the Inklink Services, you agree that you have read, understand, and accept all of the terms and conditions contained by this Owner and Artist Terms of Service (“Owner and Artist Terms”), and the Privacy Policy (“Privacy Policy”) and together with these Owner and Artist Terms and the Privacy Policy, this “Agreement”). Certain functionality or features available through or in connection with the Inklink Services may be provided by Third-Party Providers, and you may be required to enter into Third-Party Terms with such Third-Party Providers to enable the functionality or access such features (see Section III below for more details). If you do not agree to the terms of this Agreement, you must immediately stop your use of the Inklink Platform and Inklink Services. Capitalized terms used herein and not otherwise immediately defined are defined in Section I (“Definitions”) below.

We reserve the right to change the Owner and Artist Terms at any time. We may provide reasonable notice to you of updates to the Owner and Artist Terms via email or notifications through the Inklink Services. The revised version of the Owner and Artist Terms will be effective as of the “Effective Date” indicated at the top of the webpage. It is your responsibility to review and understand the latest version of these Owner and Artist Terms. If you do not agree with the new Owner and Artist Terms, you must reach out to support@theinklink.comto terminate your use of the Inklink Platform and Inklink Services and to close your Inklink Platform Account. Your continued use of the Inklink Platform and Inklink Services in any way after a change to the Owner and Artist Terms is effective constitutes your acceptance to the updated Owner and Artist Terms. This paragraph does not apply to changes under Section IV(b) or Section V(i), which are governed by the provisions of those Sections of the Owner and Artist Terms.

This Agreement applies to any use of or access to the Inklink Platform, Inklink Services and Third-Party Services by you, your Affiliates and/or your Artist(s) and is made effective on the earlier of: (i) the date you accept this Agreement via click through, clickwrap, or other digitized method where you clicked a button or checked a box signifying “I agree,” whether be it through a self-guided online sign-up, or any other agreement indicating affirmative acceptance; or (ii) the date you, or your Affiliate, or your Artist(s) first uses or accesses the Inklink Platform and/or Inklink Services.

I. DEFINITIONS.

“Account ID” means the username and password information you created to access your Inklink Platform Account."

“Affiliate” means, (a) with respect to Owner, any entity that directly or indirectly controls, is controlled by, or is under common control with Owner that has been designated to have access to the Inklink Services under this Agreement, and (b) with respect to Inklink, any entity that directly or indirectly controls, is controlled by, or is under common control with Inklink Technologies, Inc."

“Applications” means any web or mobile application through which the Inklink Services are made available, including but not limited to, Inklink web and mobile applications and any Inklink-Branded App."

“Business Day” means any day Monday through Friday, excluding weekends and public holidays of Owner’s local jurisdiction."

“Chargebacks” means a request that a cardholder files directly with its issuing bank to invalidate and reverse a transaction made with a credit or debit card."

“Client” means a client of Owner or Artist seeking tattooing, permanent makeup, or other services."

“Client Contract” means a contract concluded via the Inklink Platform between an Owner or Artist and a Client for the supply of tattooing, permanent makeup, or other services by the Owner or Artist to the Client (e.g. each time a client books services via the Inklink Platform, the Client has entered into a Client Contract with Owner or Artist)."

“Dispute” means a dispute between you and Inklink with respect to the Inklink Services (excluding disputes related to the processing or settlement of Transactions)."

“Inklink-Branded App” means, pursuant to a request by Owner or Artist, any web or mobile application (including any widget) developed by Inklink as a white-labeled application outfitted with Owner’s or Artist’s desired branding, which Inklink licenses to Owner or Artist so that Owner’s or Artist’s Clients, as end users, may access Owner’s or Artist’s services"

“Hardware” means any hardware device, such as a payment terminal or a tablet computer, provided by Inklink as part of the Inklink Services."

“Linked Account” means any external deposit or payment account owned by you, your Affiliates or an Artist designated by you in the Inklink Platform to receive the proceeds of Transactions or pay amounts owed to us."

“Payment Processing Services” means services that enable you to accept and process credit or debit card payments from Clients for your goods and services."

“Payment Processor” means the provider of Payment Processing Services, which is a Third-Party Provider. Currently, the Payment Processor is Stripe, Inc.

“Personal Information” has the same meaning as defined in the Privacy Policy

“Platform Fees” is the umbrella term for the fees charged to Owner, Artist, or Client to cover costs associated with administering the Inklink Platform and delivering the Inklink Services (including, but not limited to, transaction costs, legal and compliance fees)."

“Primary Contact” means the Artist (defined below) designated by the Owner with the authority to act on behalf of Owner, including entering this Agreement or making changes to the Owner’s Inklink Platform Account."

“Shop Location” means the business location or locations designated by Owner or Artist to have access to the Inklink Services."

“Artist” means any tattoo artist, permanent makeup artist, or other professional that is both:

• (i) designated and authorized by Owner to have access to the Inklink Services;
• (ii) is either: (x) employed by Owner; or (y) renting a workstation from Owner at a particular Shop Location. Owner must ensure its Artists read and agree Owner and Artist Terms of Service on their own behalf, or on behalf of Owner as applicable.

“Inklink Platform Account” means the data account within the Inklink Platform created for Owner or Artist to access the Inklink Services on the Inklink Platform."

“Third-Party Provider” means any third-party service provider with which you and/or Inklink contracts to provide services to you or Inklink or on behalf of Inklink in connection with providing the Inklink Services, including a Payment Processor."

“Third-Party Services” means a feature or functionality of the Inklink Services that are provided by a Third-Party Provider and are subject to Third-Party Terms."

“Third-Party Terms” means any agreements, terms, and conditions of a Third-Party Provider applicable to the services provided toInklink or on behalf ofInklink to which Owner must agree to access certain of the Inklink Services."

“Transaction” means the payment, receipt or transfer of funds for a purpose permitted by this Agreement."

“Websites” means any website owned and operated by Inklink through which the Inklink Services are made available, including but not limited to:

• (i) www.Inklink.ink;
• (ii) Inklink.ink.

II. INKLINK PLATFORM ACCOUNT

You must create an account as an Owner or Artist to access the Inklink Platform.

• 1. You Must Be Eligible to Sign Up: By creating a Inklink Platform Account, the Primary Contact that is agreeing to this Agreement represents and warrants the following:
  • i. Authority: The Primary Contact has been duly authorized to agree to the terms of this Agreement, bind the Owner and act on behalf of the Owner to create the Inklink Platform Account.
  • ii. Eligibility: The Primary Contact is (i) at least 18 years of age, (ii) not located in Cuba, Iran, North Korea, Syria, or any other territory that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country; and (iii) not be listed on any U.S. government list of prohibited or restricted persons or UK Sanctions List. The Owner is a commercial business operating via a legal corporate entity or, for any individuals, acting as a sole proprietor or a partnership in the course of your business, trade or profession.
  • iii. True and Correct Information: You represent that you have provided true, accurate, current and complete information about yourself and/or the Owner as prompted by the Inklink Platform’s registration process and as requested from time to time by Inklink (such information, “Registration Data”). You further represent that in providing such Registration Data, you have not knowingly omitted or misrepresented any material facts or information and that you will promptly enter corrected or updated Registration Data via the Inklink Platform, or otherwise advise us promptly in writing of any changes or updates to your Registration Data.
  • iv. Linked Account: Owner must connect a Linked Account to its profile to receive the Inklink Services, including to receive Transaction settlement from Payment Processor.
• 2. Our Privacy Policy and Data Processing Agreement Applies: We take data privacy very seriously. Inklink’s policy regarding the collection, use, and sharing of Personal Information it gathers about you (and your Affiliates and Artists designated by you who may use or access the Inklink Platform and Inklink Services) is set forth in these Owner and Artist Terms and the Privacy Policy. As stated above, use of the Inklink Platform and Inklink Services is contingent upon you agreeing to the terms of the Privacy Policy. Please review the Privacy Policy very carefully. Further, in connection with your use of the Inklink Platform and the Inklink Services, Inklink may collect, use, store, transfer or otherwise process Personal Information provided by you on your behalf.
• 3. We May Need to Create an Account with a Third-Party Provider On Your Behalf: During the signup process for the creation of your Inklink Platform Account, we will ask you to provide Registration Data. To utilize certain Inklink Services, you may need an account with a Third-Party Provider, in which case we may need to create an account with a Third-Party Provider on your behalf. To the extent that you provide us with Registration Data for the purpose of creating an account with a Third-Party Provider, we will use such Registration Data in accordance with this Agreement, including for the purpose of assisting you in creating such account.
• 4. You Will Need to Grant Us Access to Your Contacts. You acknowledge and agree that you may choose to allow the Inklink Platform to access your contacts list (which may include among other things names, telephone numbers, e-mail addresses) stored on your computer, tablet, laptop, or mobile device from an application on your device or from a separate digital file (e.g. .pdf, .doc, .exl, etc.) that you will share with Inklink (“Contact Lists”). Inklink will use your Contact Lists solely to provide the Inklink Services, including to allow you to contact your Clients. You grant Inklink the right to process your Contact Lists and other Client data (together, “Client Data”) as necessary to provide the Inklink Services in a manner consistent with this Agreement. You represent and warrant that you have provided, and will continue to provide, adequate notices and have obtained, and will continue to obtain, the necessary permissions and consents to provide your Client Data to us for use and disclosure pursuant to this Agreement.
• 5. We May Need to Authenticate Your Identity: You agree to cooperate with all requests made by us in connection with your Inklink Platform Account to identify you (and your Affiliates or Artists, as well as any of your authorized representatives, directors, officers, etc.), authenticate your identity, or validate your funding sources or Transactions. Inklink reserves the right to close, suspend, or limit access to your Inklink Platform Account and/or the Inklink Services in the event we or any Payment Processor or other Third-Party Provider are unable to obtain or verify such information. You authorize Inklink, directly or through our Third-Party Providers, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you (and your Affiliates or Artists, as well as any of your authorized representatives, directors, officers, etc.) to provide date of birth, a taxpayer identification number and other information that will allow us to reasonably identify you, including requiring you to take steps to confirm ownership of your email address or Linked Account or verifying your information against third party databases or through other sources. We may also ask to see your (and your Affiliates or Artists, as well as any of your authorized representatives, directors, officers, etc.) driver’s license, passport or other identifying documents at any time.
• 6. You Are Responsible for Safeguarding Your Account ID: Your Account ID you created to access the Inklink Platform is specific to you as the Owner. You agree that you will not allow any unauthorized person to use your Account ID to access or use the Inklink Platform and Inklink Services under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your Account ID and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your Account ID, your disclosure of your Account ID, or your authorization to allow another person to access or use the Inklink Platform, Inklink Services or Third-Party Services using your Account ID. You agree to immediately notify us at support@theinklink.comof any unauthorized use of your Inklink Platform Account or any other breach of security known to you. You further acknowledge that the complete privacy of your data and messages transmitted while using the Inklink Services cannot be guaranteed.
• 7. We May Suspend or Terminate your Inklink Platform Account: Inklink may terminate or suspend the Inklink Platform Account and/or the Inklink Services with or without notice to you for any reason, which may include, but are not limited to
  • (1) failure to timely pay all fees when due, including any Subscription Fees;
  • (2) violation of these Owner and Artist Terms or the Privacy Policy or any other terms and conditions or policies applicable to any of the Inklink Websites orInklink Applications;
  • (3) violation of any Third-Party Terms;
  • (4) abuse of Inklink resources or attempt to gain unauthorized entry to Inklink systems or its resources;
  • (5) use or suspected use (as determined by Inklink in its sole discretion) of the Inklink Platform or the Inklink Services in a manner inconsistent with the intended purpose, including, but not limited to, any illegal purpose, fraudulent activity or infringement of the rights of third parties;
  • (6) engagement in any of the Restricted Activities;
  • (7) as required by law, regulation, court or governing agency order;
  • (8) as required by a Third-Party Provider. The termination of your access to the Inklink Platform, Inklink Services and/or Third-Party Services may be effective immediately.Inklink shall not be liable to any user or other third party for termination of your Inklink Platform Account.
• 8. You May Terminate your Inklink Platform Account: If you wish to close your Inklink Platform Account, you must contact us at support@theinklink.com. your Inklink Platform Account may only be closed by the Primary Contact. If the Primary Contact contacts us with such a request, the Primary Contact may be required to take certain steps to verify his, her or their identity.
• 9. Effect of Termination: Termination of your Inklink Platform Account shall mean termination of this Agreement as well as termination of access to the Inklink Services. Furthermore, termination of your Inklink Platform Account shall result in the immediate revocation of any licenses granted by Inklink herein as described in Section VII(a) below and termination of your Stripe Account (as defined in Section V(c)(i) below). When your Inklink Platform Account is closed, we will cancel any pending instructions you have given us. Notwithstanding the foregoing, you may NOT close your Inklink Platform Account to evade amounts owed by you (including liability for Chargebacks or Transactions and associated fees) or any investigation. When you close your Inklink Platform Account, you authorize Inklink to request the Payment Processor to freeze your account and withhold all or a portion of the amounts due to you under the Agreement for up to 180 days (or such longer period as may be required by applicable law, regulation, or third party requirement, including as required by Third-Party Providers or Third-Party Terms) to protect Inklink, its Affiliates, or a third party against any liability, including Transactions and Chargebacks. You will remain liable for any obligations related to your Inklink Platform Account (including Chargebacks) even after the Inklink Platform Account is closed. Once your Inklink Platform Account is closed, Inklink will have no obligation to maintain your Inklink Platform Account and any data associated therewith unless required by applicable law. Notwithstanding the foregoing, provided Owner or Artist provides Inklink with at least thirty (30) days’ notice prior to the termination date, Inklink will use commercially reasonable efforts to assist Owner or Artist for no more than thirty (30) days after the termination date in order to provide access to Owner’s or Artist’s Client Data. After such thirty-day period, Inklink shall have no obligation to retain or provide the Client Data to Owner or Artist, except as required by applicable law.
• 10. We Determine Account Ownership: We don’t know the inner workings of your organization or the nature of your relationships. You agree that you will not request access to or information about any other Owner’s or Artist’s Inklink Platform Account, and you will resolve any account-related disputes not caused by Inklink directly with the other party. If we are unable to reasonably determine which individual has authority to act as the Primary Contact on behalf of Owner, we will require you to resolve the matter through proper channels outside of Inklink. When such a dispute is identified, we may at our sole discretion, and without any liability for doing so, (i) take instruction from any individual designated as Primary Contact; or (ii) suspend any Inklink Platform Account associated with the dispute, including disabling login and instruction capabilities.
• 11. You Can Always Contact Us: If you have an inquiry regarding the Inklink Platform or any of the Inklink Services, please contact us at support@theinklink.com. Note, we may provide support through our Third-Party Providers.

III. THIRD PARTY PROVIDERS

• 1. We May Use Third-Party Providers to Deliver Certain of the Inklink Services: Certain functionality or features available through or in connection with the Inklink Services may be provided by Third-Party Providers, and you may be required to enter into Third-Party Terms with such Third-Party Providers to enable the functionality or access such features. In these cases, we will refer to such functionality and features as “Third-Party Services.” In particular, you will be required to enter into a payment processing agreement with the applicable Payment Processor who will provide the Payment Processing Services to process Transactions through the Inklink Platform. See Section V(c) on Payment Processing Services for more information.
• 2. You Must Agree to Third-Party Terms: Although the Inklink Services include Third-Party Services, Third-Party Services are performed exclusively by Third-Party Providers. In the event of any conflict, the applicable Third-Party Terms will control over this Agreement solely with respect to the applicable Third-Party Services. Your use of the Third-Party Services shall be subject to (and you agree to be bound by) such Third-Party Terms as they may be modified from time to time by the Third-Party Provider. You acknowledge and agree that Inklink has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party website or Third-Party Services or by any third party you may interact with through the Inklink Services. USE OF THE THIRD-PARTY SERVICES IS AT YOUR OWN RISK. BY USING THE INKLINK SERVICES, YOU RELEASE AND HOLD US HARMLESS FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY SERVICES OR OTHER INTERACTIONS WITH THIRD-PARTY PROVIDERS. Similarly, you acknowledge that the Third-Party Providers do not endorse and are not responsible for the Inklink Services.
• 3. You Give Us Permission to Share Information with Third-Party Providers: You hereby authorize Inklink to share any information you provide to us, including, but not limited to, Registration Data and Personal Information about Primary Customer Contacts, Artists, and Owners, with any Third-Party Provider, and you authorize each Third-Party Provider to share your information with us, as may be reasonably required for you to use and access the Inklink Services. Corporate information which may be collected includes, but is not limited to: address, corporate organizational documents and certificates, federal employee identification number (EIN). Personal Information which may be collected includes, but is not limited to: name, address, phone number, date of birth, social security number or individual tax-payer identification number (ITIN), driver’s license and/or passport. If you grant express permission to a Third-Party Provider to take specific actions on your behalf, or access particular information about your Inklink Platform Account, either through your use of the applicable Third-Party Service, or through your Inklink Platform Account, you acknowledge and agree that Inklink may disclose the information about your Inklink Platform Account that is specifically authorized by you, to such Third-Party Provider. You also acknowledge and agree that granting permission to a Third-Party Provider to take specific actions on your behalf does not relieve you of any of your responsibilities under these Owner and Artist Terms. These specific authorizations are in addition to any collection and use of any information described in the Privacy Policy.
• 4. We Can Change Third-Party Providers: Inklink has the right to terminate or amend its agreements with any of its Third-Party Providers or replace any existing Third-Party Provider currently providing Third-Party Services with a different Third-Party Provider, at any time, in Inklink’s sole discretion. Such actions by Inklink may cause you or require you to terminate any existing agreements or accounts with Third-Party Providers created in connection with use of the Inklink Services. You agree to cooperate withInklink and the applicable Third-Party Providers impacted to either onboard or offboard as reasonably required to ensure continuation of your access to the Inklink Services.

IV. Inklink PLATFORM FEES; PAYMENT

• 1. You Must Pay Platform Fees for Access to the Inklink Platform: Access to your Inklink Platform Account is contingent upon your timely payment and Inklink’s receipt of your Platform Fees. You can find the amount of your Platform Fees on our Websites.
• 2. We May Make Changes to Your Platform Fees: We agree to honor the Platform Fees stated on our Website; however, we may make changes to or discontinue certain of the Inklink Services offered under a particular package. We reserve the right to (i) either increase or decrease the amount of your Platform Fees, and (ii) convert any previously free, trial or beta offering of the Inklink Services to any paid service, including but not limited to subscription fees.
• 3. You Must Provide a Valid Payment Method / Authorization: During the signup process, you will provide us with valid payment information (e.g. debit, credit, ACH - or such payment method as may be requested and accepted from time to time by Inklink) (your “Payment Method”) to facilitate payment of your Platform Fees. You represent and warrant that any Payment Method associated with your Inklink Platform Account is a commercial-purpose Payment Method and not a card or other type of account issued for personal, family, or household purposes. You hereby authorize us to charge your Payment Method for any amounts owed to Inklink, including Subscription Fees, Platform Fees, and any Transaction Losses (defined below), and to process these payments using the valid Payment Method you have supplied. You will update or replace the information for any Payment Method that expires with information for a valid one. If your Payment Method is automatically replaced with a new Payment Method by a payment processor, you acknowledge and agree that we are authorized to deduct any charges recorded by us on your Inklink Platform Account against the Payment Method. You represent and warrant the Primary Contact is authorized to use your Payment Method, and that any and all charges that may be billed to that Payment Method will not be rejected. If we are unable to process your Payment Method for any reason, we will give you notice via email or in-app and reserve the right to suspend or terminate your Inklink Platform Account.
• 4. You are Responsible for Taxes: You agree to pay (i) all sales, use, excise, value added, and any other taxes which Owner is required to pay to any governmental authority (and, at Inklink’s request, provide evidence of such payment) and (ii) all sales, use, excise, value added, and any other taxes attributable to this Agreement. You are responsible for seeking your own independent tax advice with respect to the tax treatment for any payments due to Inklink under this Agreement.

V. INKLINK SERVICES

Inklink offers a variety of functions and features as part of the Inklink Services. Additional terms, including Third-Party Terms, may apply.

• 1. Software: Inklink’s proprietary software, is the platform through which most of the Inklink Services may be accessed. Inklink provides a variety of features and functionality, including but not limited to, appointment booking, client management, staff management, marketing and point-of-sale.
• 2. Hardware: Along with Inklink’s software, you may be provided with certain Hardware. Hardware may include, but is not limited to, physical chip card readers, electronic mobile vendor payment devices, electronic tablet devices and cash registers. All Hardware is provided by a Third-Party Provider. Upon purchase, acceptance, or use of any Hardware, you agree to be bound by the Third-Party Terms applicable to such Hardware.
• 3. Payment Processing Services: the Inklink Services include access to Payment Processing Services.
  • i. General. If approved by Inklink and Payment Processor, in their respective discretions, you may receive access to the Payment Processing Services performed by our Payment Processor. To use the Payment Processing Services, you will be required to agree to the Stripe Services Agreement and Stripe Connected Account Agreement (the “Processor Terms”):
    For U.S. Artists:

    • • Stripe Services Agreement – U.S.
    • • Stripe Connected Account Agreement – U.S.
    For UK Artists:

    • • Stripe Services Agreement – UK
    • • Stripe Connected Account Agreement - UK
    For Canada Artists:

    • • Stripe Services Agreement - Canada
    • • Striped Connected Account Agreement - Canada
    For purposes of the Processor Terms, Inklink is your “Stripe Connect Platform,” you are a “Connected Account” and “Platform User,” and Transactions are processed by Payment Processor through your “Stripe Account.”
  • 1. Inklink Authorization. If approved for the Payment Processing Services, you authorize Inklink, as your Stripe Connect Platform, to
    • (i) request that Payment Processor generate a Stripe Account for you and to provide such information about you as Payment Processor may require in approving and generating your Stripe Account, which may include information about your Linked Accounts and Personal Information about your owners, officers, and Artists;
    • (ii) submit payment and Transaction information to Payment Processor on your behalf to facilitate the processing of your Transactions, the transfer of funds to or from your Stripe Account or Linked Account according to your instructions and Inklink Platform Account configuration, and the resolution of any Chargebacks or other processing issues; and
    • (iii) receive information related to your use of the Payment Processing Services from Payment Processor.
  • 2. Settlement. You acknowledge and agree that
    • (i) Payment Processor is responsible for settling your Transactions and transferring funds to your Linked Account;
    • (ii) apart from submitting payment and Transaction information to Payment Processor on your behalf, based on your instructions and Inklink Platform Account configuration, Inklink is not responsible for the process of settling Transaction funds to your Linked Account;
    • (iii) Inklink is not a bank, money transmitter, or other type of financial institution and is not engaged in the business of receiving funds for transmission as part of the Inklink Services or Payment Processing Services;
    • (iv) during the course of processing your Transactions, your settlement funds may be received, held, and transferred by Payment Processor or its acquiring bank, including through a pooled funds account for your benefit and the benefit of other Payment Processor merchant clients; and
    • (v) Inklink does not own or control your Stripe Account or any other accounts used by Payment Processor or its acquiring bank to receive, hold, or transfer settlement funds. In the event that Inklink is deemed to have received settlement funds (actually or constructively) for your Transactions, you agree that
      • (A) in receiving the settlement funds and remitting them to you, Inklink is acting as your authorized commercial agent (and not the agent of the Client) for the limited purpose of negotiating, concluding and facilitating the sale of your services under each Client Contract;
      • (B) receipt of the funds by Inklink as your agent constitutes your receipt of such funds and satisfies your customer’s obligation to you in the amount of such funds; and
      • (C) you shall have recourse only against Inklink, and not against the customer, for any customer payment that Inklink receives and fails to remit to you. You acknowledge that Inklink is not a party to any Client Contract nor obliged to provide any services under any Client Contracts. 3. Payments to Inklink: You authorize Inklink to instruct Payment Processor to deduct (i) Platform Fees; and (ii) any other amounts owed to Inklink, including for any expenses Inklink incurs related to any tax receipts, identity theft, Chargebacks, fraudulent charges, refunds, or returns (“Transaction Losses”) on your Transactions, from the settlement funds for each Transaction completed using the Payment Processing Services and to settle those amounts to Inklink. 4. We are Not Liable For Transaction Losses: Inklink is not liable for Transaction Losses. By using the Inklink Services, you hereby release Inklink from any liability arising from Transaction Losses. If Inklink incurs any loss or liability relating to Transaction Losses, you are responsible for reimbursing Inklink and remain liable for all Transaction Losses incurred by you until you have made Inklink whole. You will also use best efforts to promptly notify Inklink of any Transaction Losses that may affect the Inklink Platform or Inklink Services. Inklink reserves the right, in its sole discretion, to terminate anyInklink Platform Account that causes, or enables any other third-party to cause, Transaction Losses.
      • d. Partner Offers: From time to time, Inklink may partner with third-parties (“Partners”), which may be Third-Party Providers, to give you access to goods and services from such Partner (“Partner Marketed Services”) that as aV enue Owner, we think you may be interested in to help run your business (each, a “Partner Offer”). You expressly acknowledge and agree that
        • (i) Inklink may market to you Partner Offers to give you access to Partner Marketed Services,
        • (ii) Inklink makes no warranties, representations or undertakings relating to the Partner, Partner Offer, or the Partner Marketed Services,
        • (iii) Inklink disclaims all liability for any loss, damage, and any other consequence resulting directly or indirectly from or relating to your access to the Partner Offer or the Partner Marketed Services, and
        • (iv)Inklink does not control the privacy practices of any Partner or their websites and, thus, Inklink’s Privacy Policy does not apply to any collection of Personal Information by Partner. If at any time a particular Partner Offer does not interest you, please reach out to support@theinklink.comto opt-out of receiving messages about that particular Partner Offer.
      • e. Social Media Integration: In certain instances, Inklink allows you to integrate certain Inklink Services with your social media accounts (e.g. Facebook, Instagram, Google Business) and other third party websites (“Social Media Platforms”) to enable you to reach your Clients. By choosing to integrate the Inklink Services with any Social Media Platform, you hereby give us permission to share certain information, including Personal Information, with such Social Media Platform, to the extent necessary to complete the integration (please refer to our Privacy Policy for more information). Nevertheless, Inklink is not responsible for the acts or omissions of any Social Media Platform, including its behavior, agencies, linked websites, applications, products, or services. Your use of any Social Media Platform to integrate with the Inklink Services, and rights with respect to such Social Media Platform are solely between you and the applicable Social Media Platform. We are not responsible for the privacy, security or integrity of any Social Media Platform or the practices and policies of any Social Media Platform. We make no warranties of any kind and assume no liability of any kind for your use of any Social Media Platform.
      • f. Messaging Clients: Certain features of the Inklink Services have the functionality within Inklink to allow you to send messages and updates via e-mail, text message, or push notification to either an individual or a customized group of your Clients (“Messaging Features”). When a Client books an appointment using the Inklink Platform and enters their e-mail and/or mobile phone number, the Client is made aware and consents to the fact that Inklink may send automated e-mail and/or text messages to the Client about the appointment and purchases made as part of the transaction (“Transactional Messages”). In the event you, your Affiliates or your Artists use any of the Messaging Features to send non-Inklink generated Transactional Messages or messages unrelated to a particular transaction (“Marketing Messages”), you are responsible for ensuring you have obtained the requisite level of consent from each Client receiving such message as necessary to comply with applicable law. Any Transactional Messages or Marketing Messages originated by you and your use of the Messaging Features are subject to these Owner and Artist Terms and the Privacy Policy.
      • g. We Can Make Changes to the Inklink Services: We reserve the right to change, suspend or discontinue any aspect of the Inklink Services at any time, including hours of operation or availability of the Inklink Services or any Inklink Services feature, without notice and without liability. We also reserve the right to impose limits on certain Inklink Services features or restrict access to some or all of the Inklink Services in our sole discretion, without notice and without liability. Without limiting the foregoing, you acknowledge that the operation of the Inklink Platform and Inklink Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and Inklink shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Inklink Services. Inklink has no obligation to maintain or update the Inklink Platform or the Inklink Services or to continue producing or releasing new versions of the Inklink Platform or the Inklink Services.

VI. LICENSES; INTELLECTUAL PROPERTY

• 1. Inklink’s IP; Inklink’s License to You: All content included in or made available through the Inklink Platform or any Inklink Services including all text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, Websites, and Applications (collectively, the "Inklink IP”) is the property of Inklink or its Affiliates, or its content providers; protected by United States and international copyright laws; and Inklink owns all right, title and interest therein. Subject to the terms and conditions of this Agreement, Inklink hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use and access the Inklink Platform, Inklink Services and Inklink IP for the sole purpose of lawfully operating your business. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Inklink Platform, Inklink Services or Inklink IP, in any manner not expressly permitted by this Agreement.
• 2. Owner or Artist IP; Your License to Us: Use of the Inklink Platform and Inklink Services may require you to provide Inklink access to certain content, including, but not limited to business name, trademarks, text, graphics, photographs (including image and likeness of individuals), logos, button icons, images, audio clips, digital downloads, data (including any personal information), data compilations, Client Data, applications and websites (collectively, “Owner or Artist IP”). You hereby grant Inklink and its Affiliates, a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to
  • (i) use the Owner or Artist IP to display, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, as well as modify, alter, edit, adapt create derivative works, license, or otherwise only as necessary to provide the Inklink Services to you and/or as otherwise permitted by this Agreement and
  • (ii) for Inklink’s marketing and promotional purposes. You represent and warrant that:
    • (i) Owner owns or has otherwise obtained all necessary consents, rights, releases, and permissions (including from your Artists and Affiliates) to submit all Owner or Artist IP toInklink and to grant the rights granted to Inklink in this Agreement and
    • (ii) the Owner or Artist IP and its submission and use as you authorize in this Agreement will not violate (1) any applicable law, (2) any third-party intellectual property, privacy, publicity, or other rights, or (3) any of your or third-party policies or terms governing your Owner or Artist IP. Other than the rights expressly granted in this Agreement, Inklink shall have no other rights with respect to the Owner or Artist IP and Owner shall retain all right, title and interest therein.
• 3. Feedback; Your License to Us: You may provide or we may ask you to provide suggestions, comments, input or other feedback (“Feedback”) regarding the Inklink Platform and Inklink Services. If you provide us with any Feedback, then you grant us a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, reproduce, publicly display, distribute, modify, and publicly perform the Feedback as we see fit. Any Feedback you choose to provide is given entirely voluntarily. You understand that you will not receive any compensation for your Feedback, and that we may use any Feedback you provide to improve the Inklink Platform and Inklink Services or to develop new features and services.

VII. RESTRICTED ACTIVITIES; FRAUD; UNAUTHORIZED TRANSACTIONS

• 1. Restricted Activities: During the term of this Agreement, in connection with your use of the Inklink Platform and Inklink Services, you will not engage in any of the following (collectively, “Restricted Activities”):
  • i. Breach these Owner and Artist Terms, or any other agreement or policy that you have agreed to with Inklink, a Third-Party Provider, or other third party;
  • ii. Violate any law, statute, ordinance, or regulation;
  • iii. Use the Inklink Services in connection with any Transactions to purchase or sell, or to facilitate the purchase or sale of, illegal goods or services or any goods or services prohibited by the payment networks or Third-Party Providers, including, but not limited to: unlawful sexually oriented materials or services, counterfeit products, unlawful gambling activities, fraud, money laundering, the funding of terrorist organizations, or the unlawful purchase or sale of tobacco, firearms, prescription drugs, or other controlled substances;
  • iv. Infringe Inklink’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
  • v. Send spam (via email, phone or text);
  • vi. Use purchased, rented, or third-party Contact Lists;
  • vii. Act in a manner that is defamatory, libelous, threatening or harassing to the Inklink Parties;
  • viii. Provide false, inaccurate or misleading information;
  • ix. Engage in debt-collection activities;
  • x. Instruct the Payment Processor to send or receive what we or it reasonably believes to be potentially fraudulent funds on your behalf;
  • xi. Refuse to cooperate in an investigation or refuse to provide confirmation of your identity or any information you provide to us;
  • xii. Attempt to “double-dip” during the course of a Dispute, Chargeback, reversal or other investigation, with “double-dipping” being defined as intentionally or knowingly receiving or intentionally or knowingly attempting to receive funds from both the Payment Processor and another payment processor, financial institution or merchant for the same Transaction;
  • xiii. Control a Inklink Platform Account that is linked to another Inklink Platform Account that has engaged in any of these Restricted Activities;
  • xiv. Conduct your business or use the Inklink Services in a manner that inInklink’s or the Payment Processor’s judgment is likely to result in or may result in complaints, Disputes, Chargebacks, reversals, fees, fines, penalties or other liability toInklink, other third parties or you;
  • xv. Engage in “refund abuse” in connection with the use of the Inklink Services, including without limitation, abusive or fraudulent returning of Hardware.
  • xvi. Engage in any Transaction that the Payment Processor, Inklink, Visa, MasterCard, Discover, American Express or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules;
  • xvii. Allow your Inklink Platform Account to have a negative balance;
  • xviii. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure (including, without limitation, through the use of any APIs that we may provide); perform penetration testing, facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; use an anonymizing proxy; use any network monitoring or discovery software, use any robot, spider, other automatic device, or manual process to determine architecture, monitor or copy the Inklink Websites, Applications or overall Inklink Platform without our prior written permission; or interfere or attempt to interfere with the Inklink Services;
  • xix. Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers;
  • xx. Circumvent any Inklink policy or determinations about your Inklink Platform Account such as temporary or indefinite suspensions or other Inklink Platform Account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to create new or additional Inklink Platform Accounts when a Inklink Platform Account has been restricted, suspended or otherwise limited; creating new or additional Inklink Platform Accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s Inklink Platform Account;
  • xxi. Transfer or sell access to your Inklink Platform Account or Account ID to any other party;
  • xxii. Harass our employees, agents, other Inklink Owners, and or any consumer user of Inklink’s Websites or Applications;
  • xxiii. Use the Inklink Services or Payment Processing Services for payroll purposes or to fund or remit payroll or payroll deposits;
  • xxiv. Decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services;
  • xxv. Violate the security of any computer network, or crack any passwords or security encryption codes;
  • xxvi. Use the Inklink Services in a manner that we believe may be a violation of any applicable electronic payment network rules, card association or network rules, National Automated Clearing House Association rules or applicable law; or
  • xxvii. Cause or facilitate any third-party to engage in the Restricted Activities.
  If your Inklink Platform Account is used to conduct (or to attempt to conduct) Transactions that we believe are not permitted by these Owner and Artist Terms (such as one of the activities set forth above) or applicable law, we may, in our sole discretion, and without waiving any of our rights, freeze, close, suspend, terminate or limit your access to the Inklink Services. We reserve the right to refuse to facilitate any Transaction, except as may be prohibited by applicable law.
• 2. Monitoring: Inklink and its Third-Party Providers may monitor your Transactions for the purpose of identifying fraud or other illicit activity. Based on our monitoring, Inklink may suspend your Inklink Platform Account, or limit your use of the Inklink Services, in its sole discretion to
  • (i) mitigate the risk of fraud, unauthorized transactions, or Transaction Losses;
  • (ii) prevent loss (including Transaction Losses) to Inklink, you, a Third-Party Provider, or other third parties;
  • (iii) prevent a breach of this Agreement; or
  • (iv) to comply with applicable, Network Rules, or the direction or request of a regulatory or law enforcement agency. Without limiting the foregoing, in the event of (i) – (iv) above, you authorize Inklink to instruct Payment Processor to withhold funds for your Transactions to mitigate the risk of Chargebacks, Transaction Losses, or other losses. If you believe your Inklink Platform Account has been opened or used in an unauthorized manner in connection with a Transaction, please contact us immediately at support@theinklink.com.
• 3. Unauthorized Transactions: If you become aware of any unauthorized charge or use occurring through your Inklink Platform Account, you should contact Inklink customer support at support@theinklink.comimmediately. To the extent that the charge relates to Partner Marketed Services, you should contact the applicable Third-Party Provider as identified in the applicable Third-Party Terms. If Inklink suspects unauthorized Transactions, Inklink reserves the right to suspend your use of the Inklink Services, except as prohibited by applicable law.

VIII. CONFIDENTIALITY

• 1. “Confidential Information” means any information or data, regardless of whether it is in tangible form, disclosed by either party (“Disclosing Party”) to the other party (“Receiving Party”) that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure, including, without limitation, Client Data, pricing, concepts, processes, plans, designs and other strategies, “know how”, financial, and other business and/or technical information and materials of Disclosing Party and its affiliates. Confidential Information does not include any information which:
  • (i) is publicly available through no breach of the Agreement or fault of Receiving Party;
  • (ii) was properly known by Receiving Party, and to its knowledge, without any restriction, prior to disclosure by Disclosing Party;
  • (iii) was properly disclosed to Receiving Party, and to its knowledge, without any restriction, by another person without breach of Disclosing Party’s rights; or
  • (iv) is independently developed by Receiving Party without use of or reference to the Confidential Information of Disclosing Party.
• 2. Except as otherwise authorized by Disclosing Party in writing, Receiving Party will not
  • (i) use any Confidential Information of Disclosing Party for any purpose outside of exercising Receiving Party’s rights or fulfilling its obligations under these Terms and
  • (ii) disclose or make Confidential Information of Disclosing Party available to any party, except to its, its Affiliates’, and their respective employees, legal counsel, accountants, contractors, and in our case, subcontractors (collectively, “Representatives”) who have a “need to know” as necessary for Receiving Party to exercise its rights or fulfill its obligations under these Terms. Receiving Party is responsible for its Representatives’ compliance with this Section. Representatives will be legally bound to protect Confidential Information of Disclosing Party under terms of confidentiality that are at least as protective as the terms of this Section. Receiving Party will protect the confidentiality of Confidential Information of Disclosing Party using the same degree of care that it uses to protect the confidentiality of its own confidential information but in no event less than reasonable care.
• 3. Either party may disclose the confidential information it got from the other party if required by a law, regulation, subpoena, or a court order, if the parties fulfill certain conditions, such as providing notice (if legally allowed) and reasonable cooperation. Receiving Party may disclose Confidential Information of Disclosing Party if so required pursuant to a regulation, law, subpoena, or court order (collectively, “Compelled Disclosures”), provided Receiving Party gives Disclosing Party notice of a Compelled Disclosure (to the extent legally permitted). Receiving Party will provide reasonable cooperation to Disclosing Party in connection with a Compelled Disclosure at Disclosing Party’s sole expense.

IX. APP DISTRIBUTION PLATFORM DISCLAIMER

If you download any Inklink Applications through the Apple App Store, Google Play or other app store or distribution platform (“App Distribution Platform”), you acknowledge and agree that: (i) these Owner and Artist Terms are between us, and not with the App Distribution Platform, and that we are responsible for the Applications and Inklink Service, not the App Distribution Platform; (ii) the App Distribution Platform has no obligation to furnish maintenance and support services or handle any warranty claims; (iii) the App Distribution Platform is not responsible for addressing any claims you or any third party have relating to the Application; and (iv) the App Distribution Platform is a third party beneficiary of these Owner and Artist Terms as related to your use of the Application, and the App Distribution Platform will have the right to enforce these Owner and Artist Terms as related to your use of the Application against you.

X. WARRANTIES & DISCLAIMERS

• 1. Hardware Limited Warranty: If during the first ninety (90) days after the date you receive a piece of Hardware from Inklink, the Hardware fails to operate as described under the Third-Party Terms, Inklink will replace your Hardware with substantially similar, new or refurbished, device (based on availability and in Inklink’s sole discretion), provided that the Hardware’s failure to operate was not due to any actions caused by you, your Affiliates, your Artists, your Clients or any other third parties (other than the Third-Party Provider). Should you wish to return any piece of Hardware and seek a refund for its purchase, you may do so within thirty (30) days of the date you received the Hardware. Once we are in receipt of the returned Hardware, we will assess the Hardware for damage to determine if you are eligible for a refund of the applicable Hardware fees charged to your Payment Method. In some instances, a restocking fee may be assessed against any refund payment.
• 2. CLIENT DISCLAIMER: Inklink does not have control over the acts or omissions of your Clients. Inklink does not and is not responsible for screening Clients or verifying any information about Clients. Inklink does not assume any responsibility for the accuracy or reliability of any information provided by your Clients on or through the Inklink Platform. YOU ARE RESPONSIBLE FOR YOUR INTERACTIONS WITH YOUR CLIENTS THROUGH THE INKLINK PLATFORM.
• 3. TAXES DISCLAIMER: Inklink is not responsible for any taxes that may apply to the goods and services you provide to your Clients and the payments you make or receive. Inklink is not responsible for determining whether taxes apply to your Transactions. Inklink is not responsible for the collection, reporting and remittance of the correct taxes arising from any Transaction. YOU ARE RESPONSIBLE FOR ANY TAXES THAT MAY APPLY TO THE GOODS AND SERVICES YOU PROVIDE TO YOUR CLIENTS AND THE PAYMENTS YOU MAKE OR RECEIVE. YOU ARE RESPONSIBLE FOR DETERMINING WHETHER TAXES APPLY TO YOUR TRANSACTIONS. YOU ARE RESPONSIBLE FOR THE COLLECTION, REPORTING AND REMITTANCE OF THE CORRECT TAXES ARISING FROM ANY TRANSACTION TO THE APPROPRIATE TAX AUTHORITY. YOU HEREBY AGREE TO COMPLY WITH ANY AND ALL APPLICABLE TAX LAWS IN CONNECTION WITH YOUR USE OF the INKLINK SERVICES, INCLUDING WITHOUT LIMITATION, THE REPORTING AND PAYMENT OF ANY TAXES ARISING IN CONNECTION WITH TRANSACTIONS MADE THROUGH the INKLINK SERVICES (INCLUDING THE PAYMENT PROCESSING SERVICES), IF ANY.
• 4. LOCATION DATA DISCLAIMER: LOCATION DATA PROVIDED BY THE INKLINK PLATFORM IS FOR BASIC LOCATION PURPOSES ONLY AND IS NOT INTENDED TO BE RELIED UPON IN SITUATIONS WHERE PRECISE LOCATION INFORMATION IS NEEDED OR WHERE ERRONEOUS, INACCURATE OR INCOMPLETE LOCATION DATA MAY LEAD TO DEATH, PERSONAL INJURY, PROPERTY OR ENVIRONMENTAL DAMAGE. NEITHER INKLINK, NOR ANY OF ITS CONTENT PROVIDERS, GUARANTEES THE AVAILABILITY, ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF LOCATION DATA DISPLAYED BY THE INKLINK PLATFORM. ANY OF YOUR INFORMATION, INCLUDING GEOLOCATIONAL DATA, YOU UPLOAD, PROVIDE, OR POST ON the INKLINK PLATFORM MAY BE ACCESSIBLE TO INKLINK AND CERTAIN USERS OF THE INKLINK PLATFORM.
• 5. NO WARRANTY; DISCLAIMER: EXCEPT AS EXPRESSLY PROVIDED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE INKLINK PLATFORM AND THE INKLINK SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE” AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. INKLINK AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE "INKLINK PARTIES”), MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR the INKLINK PLATFORM, INKLINK SERVICES OR THE CONTENT, MATERIALS, INFORMATION AND FUNCTIONS USED OR MADE ACCESSIBLE BY THE INKLINK PLATFORM AND INKLINK SERVICES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH the INKLINK PLATFORM AND INKLINK SERVICES. THE INKLINK PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE INKLINK PLATFORM AND INKLINK SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR FREE OR THAT THE INKLINK PLATFORM AND INKLINK SERVICES WILL REMAIN UPDATED, COMPLETE OR CORRECT, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE SYSTEMS THAT MAKE THE INKLINK PLATFORM AND INKLINK SERVICES AVAILABLE (INCLUDING WITHOUT LIMITATION THE INTERNET, OTHER TRANSMISSION NETWORKS, AND YOUR LOCAL NETWORK AND EQUIPMENT) WILL BE UNINTERRUPTED OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. THE INKLINK PARTIES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS OR THE INKLINK SERVICES. THE INKLINKPARTIES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

XI. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Inklink, the Inklink Parties, and any applicable Third-Party Providers from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or relating to:

• (i) your breach of this Agreement,
• (ii) your or your Artists’ or your employees’ or agents’ improper use of the Inklink Platform, Inklink Services or Third-Party Services,
• (iii) your or your Artists’ or your employees’ or agents’ violation of any law, regulation, industry standard, or the rights of a third party (including, but not limited to, infringement of any intellectual property rights of third parties, and failure to obtain requisite consents under any privacy, data protection or consumer protection law)
• (iv) Transactions
• (v) content that you post or transmit, (vi) the goods and services you provide to your Clients, and
• (vii) any agreement between you and a third party. You further agree to hold the above parties harmless from losses arising out of actions taken or omitted in good faith by us in reliance upon instructions from you.

XII. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL INKLINK, THE INKLINK PARTIES AND/OR THE THIRD-PARTY PROVIDERS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA AND/OR PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY, AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF INKLINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

ADDITIONALLY, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL INKLINK, THE INKLINK PARTIES AND/OR THE THIRD-PARTY PROVIDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BODILY INJURY OR EMOTIONAL DISTRESS AND DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INKLINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

• (1) YOUR USE OF OR YOUR INABILITY TO USE THE INKLINK PLATFORM OR the INKLINK SERVICES;
• (2) DELAYS OR DISRUPTIONS IN the INKLINK SERVICES (INCLUDING DELAYS IN FUNDING ACCOUNTS OR PAYMENT PROCESSING OR OTHERWISE FAILED TRANSACTIONS);
• (3) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING the INKLINK PLATFORM OR INKLINK SERVICES;
• (4) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN the INKLINK PLATFORM OR INKLINK SERVICES;
• (5) THE CONTENT, ACTIONS, OR INACTIONS OF THIRD-PARTIES (INCLUDING WITHOUT LIMITATION THIRD-PARTY SERVICES);
• (6) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO your INKLINK PLATFORM ACCOUNT;
• (7) YOUR NEED TO MODIFY PRACTICES, CONTENT, OR BEHAVIOR, OR YOUR LOSS OF OR INABILITY TO DO BUSINESS, AS A RESULT OF CHANGES TO THESE OWNER AND ARTIST TERMS OR INKLINK’S POLICIES. INKLINK RESERVES THE RIGHT TO MODIFY ITS POLICIES AND THESE OWNER AND ARTIST TERMS AT ANY TIME CONSISTENT WITH THE PROVISIONS OUTLINED HEREIN.

TO THE FULLEST EXTENT PERMITTED BY LAW, INKLINK’S MAXIMUM AGGREGATE LIABILITY TO YOU IN ANY CIRCUMSTANCE ARISING OUT OF AND/OR RELATING TO the INKLINK PLATFORM AND the INKLINK SERVICES OR THESE TERMS IS LIMITED TO THE LESSER OF THE SUBSCRIPTION FEES PAID BY YOU, IF ANY, IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE ACCRUAL OF LIABILITY OR ONE HUNDRED DOLLARS (US$100.00).

XII. EXPORT LAWS

Owner acknowledges that the Inklink Platform and Inklink Services may be subject to applicable import and export laws and regulations of the Owner’s country and that of the United States, without limitation. Further, this Agreement may involve items and information that are subject to the International Traffic in Arms Regulations (ITAR) of the U.S. Department of State or Export Administration Regulations (EAR) of the U.S. Department of Commerce, Bureau of Industry and Security. Owner shall at all times strictly comply with the applicable import and export laws and regulations of Owner’s country, of Denmark and any other applicable jurisdiction. Without limiting the foregoing, Owner represents that it is not named on any Danish government list of persons or entities prohibited from receiving exports, and you shall not permit your Affiliates, Artists or Clients to access or use the Inklink Platform and Inklink Services in violation of any United States export embargo, prohibition, restriction, law or regulation.

XIV. LIMITED USE

The Inklink Platform and Inklink Services are “Commercial Products” and “Commercial Services” defined at 48 C.F.R. §2.101, and consist of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as defined in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable (the “Applicable D/FAR Regulations”). Consistent with the Applicable D/FAR Regulations, the Inklink Platform and Inklink Services are being licensed to the U.S. Government end users only as Commercial Products and Commercial Services and with only those rights that are granted to all other end users pursuant to these Owner and Artist Terms and use, duplication or disclosure by the U.S. Government are subject to the limited rights set forth in the Applicable D/FAR Regulations. No other Federal Acquisition Regulation or Defense Acquisition Regulation or any other governmental terms or rights affecting the license or intellectual property rights of the Inklink Platform and Inklink Services apply.

XV. MISCELLANEOUS

• 1. Entire Agreement: These Owner and Artist Terms, the Privacy Policy, as well as any additional terms, schedules, appendixes, exhibits, documents, or policies referenced herein, set forth the entire understanding between you and Inklink with respect to the Inklink Platform and the Inklink Services and supersede any prior agreements between you and Inklink with respect to the matters set forth herein. In the event of a conflict between these Owner and Artist Terms and the Website Terms of Service, these Owner and Artist Terms will control to the extent of the conflict.
• 2. Severability: Unless stated otherwise in these Owner and Artist Terms, if any provision of these Owner and Artist Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be struck and the remaining provisions shall be enforced.
• 3. Survival: All provisions of this Agreement, which by their nature should survive the expiration or termination of this Agreement, including without limitation, sections pertaining to Warranties & Disclaimers, Indemnification, Limitation of Liability, representations made by you and debts owed to Inklink, will survive the termination of this Agreement.
• 4. No Waiver: If we fail to enforce any of our rights under these Owner and Artist Terms, or applicable laws, it shall not be deemed to constitute a waiver of such right.
• 5. Assignment: You may not transfer or assign any rights or obligations you have under this Agreement without Inklink’s prior written consent. Inklink reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time. Inklink may also subcontract either wholly or partially, any of the Inklink Services to its Affiliates or a third party.
• 6. No Third-Party Beneficiaries: No third-party shall have any rights to enforce this Agreement.
• 7. Relationship of the Parties: Inklink is an independent contractor for all purposes. Nothing in this Agreement is intended to, and shall not be construed to, create any joint venture, partnership, employer-employee, franchisor-franchisee, or agency relationship (except to the extent agreed under Section V(c)(iii)) between you and Inklink.
• 8. Governing Law: These Owner and Artist Terms and the relationship between you and Inklink shall be governed by the laws of the State of Delware without regard to its conflict of law provisions. Other than as provided with respect to arbitration, you and Inklink agree to submit to the personal and exclusive jurisdiction of the courts located in Denmark.
• 9. Jury Waiver: EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, INCLUDING ANY COMMON LAW OR STATUTORY OR OTHER CLAIMS UNDER LOCAL, STATE, OR FEDERAL LAW.
• 10. Insolvency Proceedings: If any proceeding by or against you is commenced under any provision of the Danish Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, Inklink will be entitled to recover all reasonable costs or expenses (including reasonable attorney’s fees and expenses) incurred in connection with the enforcement of these Owner and Artist Terms.
• 11. Time Limitations: You and Inklink both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Owner and Artist Terms must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
• 12. Disputes; Arbitration:
  • i. Disputes; Mandatory Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Inklink, you agree to try to resolve the Dispute informally by contacting us at support@theinklink.com. We will try to resolve the Dispute by contacting you via email, but if we cannot resolve the Dispute within thirty (30) days of submission, you and/or Inklink agree to resolve any claims related to these Owner and Artist Terms through final and binding arbitration, except as set forth under ‘Exceptions to Agreement to Arbitrate’ section below.
  • ii. Arbitration Agreement: Except in the event the claim meets the requirements set forth in the “Exceptions to Agreement to Arbitrate” section below, all claims shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy and/or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. All information relating to and/or disclosed by any party in connection with the arbitration of any Disputes shall be treated by the parties, their representatives, and the arbitrator as proprietary business information and shall not be disclosed without prior written authorization of the disclosing party. The arbitration shall be held in Aarhus Denmark or any other location we agree to. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings. THE ARBITRATOR WILL NOT BE EMPOWERED AND DOES NOT HAVE THE AUTHORITY TO HEAR OR DECIDE ANY CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, TO AWARD PUNITIVE OR EXEMPLARY DAMAGES OR TO AWARD ATTORNEYS’ FEES TO THE PREVAILING PARTY.
  • iii. Exceptions to Agreement to Arbitrate: Either you and/or Inklink may assert claims, if it qualifies, in small claims court in Denmark. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use and/or abuse of the Inklink Platform, Inklink Services, breach of Inklink’s confidential information and/or intellectual property infringement (for example, trademark, trade secret, copyright and/or patent rights) without first engaging in arbitration and/or the informal Dispute-resolution process described herein.
• 13. Force Majeure: Inklink will not be held liable for any delays or failure in performance of any part of the Inklink Platform or Inklink Services, from any cause beyond our reasonable control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, pandemics, nuclear accidents, zombie apocalypse, floods, labor unrest, strikes, telecommunications failures, utility failures, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers. Nothing in this Section will affect or excuse your liabilities and obligations under these Owner and Artist Terms including, but not limited to, your payment obligations hereunder.
• 14. Electronic Signatures: You agree to the use of electronic signatures (e.g. via PactSafe, Docusign, Hello Sign, Adobe Sign, or otherwise) to enter into this Agreement or otherwise. Further, you hereby waive any rights or requirements for an original “wet signature” (non-digital) or delivery or retention of non-digital records, to the extent permitted under applicable law.
• 15. Electronic Communications: You agree and consent to electronic receipt of all communications that we provide in connection with your Inklink Platform Account and the Inklink Services. You also agree that your electronic consent has and will have the same legal effect as a physical signature. Since the Inklink Services are an electronic service, you agree that Inklink has no obligation to send, and you have no right to receive, communications in paper form, unless otherwise required by applicable law. We will provide communications to you by making them available through your Inklink Platform Account or by emailing them to you at the primary email address listed in your Inklink Platform Account profile.
• 16. Notices: As noted above relating to the electronic communications authorized in Section XVI(o), you acknowledge and agree that any notices provided by Inklink as required by law or pursuant to the terms of this Agreement may be delivered to you by making them available through your Inklink Platform Account or by emailing them to you at the primary email address listed in your Inklink Platform Account profile. You hereby consent to receive notice from Inklink through these electronic means, and such notices shall be deemed effective when sent on the next immediate business day. Any notices to Inklink must be delivered via email to support@theinklink.com with a hard copy to follow via mail or overnight courier to Inklink ApS Regenburgsplads 1 8000, Aarhus C Denmark Attn: Legal Department.
• 17. Support: For more information, insight, and articles about utilizing the Inklink Platform and Inklink Services, please visit our FAQ page at https://theInklink.com Otherwise, please feel free to reach out to us directly at support@theinklink.com.