Terms of Service
Last updated: August 1, 2021
Welcome to InkThink!
We invite you to access our websites and use the InkThink Service, but please note that your invitation is subject to your agreement with these Terms of Service. This document describes in detail your rights and our rights relating to the provision of the InkThink Service, so please review these Terms carefully. Capitalized terms not defined here are defined in the Glossary found in our Privacy Policy page.
What Are the Terms of Service?
The Terms of Service constitutes a contract between InkThink and you. If you do not agree to these Terms, you do not have the right to access or use the InkThink Service. If you do register for or otherwise use the InkThink Service you shall be deemed to confirm your acceptance of the Terms and your agreement to be a party to this binding contract.
By using the InkThink Service, you acknowledge, accept and agree with all provisions of the Privacy Policy, including the use and treatment of the Content in your account and your personal information in accordance with such Privacy Policy.
What Is the InkThink Service?
The InkThink Software and other products, services and websites hosted or made available by InkThink, including our downloadable applications, Web applications, User Forum, and any other sites are collectively referred to in these Terms as the "InkThink Service." In exchange for being enabled to use the InkThink Service, you agree to abide by these Terms.
Who Are the Parties?
You, the Account Holder, are one party to this contract. If you reside in the United States or Canada, then the other party to this contract is InkThink, part of Sundaram Applied Technologies Inc., a corporation headquartered in California.
Use of any InkThink software or website is bound by the terms and conditions of this agreement.
Will These Terms of Service Ever Change?
These Terms may be amended as new features, technology, or legal requirements arise, so please check back from time to time. If we make a significant change, we'll notify you and, where required, seek your consent.
If we do update these Terms, you are free to decide whether to accept the updated terms or to stop using the InkThink Service; your continued use of the InkThink Service after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new Terms.
What Do I Have to Do to Use the InkThink Service?
First, you need to create an InkThink Service account by providing us with an email address and creating a password, or using a third-party login provider like Google, Microsoft or Apple — we refer to this as your "Basic Subscriber Information". You are responsible for maintaining the accuracy, completeness and confidentiality of your Basic Subscriber Information, and you will be responsible for all activities that occur under your account. If you discover any unauthorized use, you should immediately change your password and notify our Customer Support team.
Second, you will need to access your account through a web browser or by installing our client software on your computers, tablets and phones. Obtaining those devices and paying for their connectivity and data plans is your responsibility. InkThink has no responsibility for the availability of the Internet and other telecommunication services necessary to access the InkThink Service.
Can I Share My Account with Someone Else?
InkThink Service accounts should not be shared. If you share your Basic Subscriber Information with anyone, that other person may be able to take control of the account, and we may not be able to determine who is the proper Account Holder. We strongly urge you not to share your information with anyone, unless you are doing so as part of your estate planning purposes.
Once I Have an Account, What Are My Rights in the InkThink Service?
Once your account is created and you accept these Terms, we grant you a limited, non-exclusive license to use the InkThink Service subject to these Terms, for so long as you are not barred from receiving the InkThink Service under the laws applicable to you, until you close your account voluntarily or until we close your account pursuant to these Terms. You do not obtain any other right or interest in InkThink or the InkThink Service.
My Data Is Mine — What Does That Mean?
You retain copyright and any other rights you already held in your Content before you submitted, posted or displayed it on or through the InkThink Service. You do grant InkThink a limited license to display, perform, distribute and reproduce your Content to enable InkThink to operate the InkThink Service. These rights are royalty free, transferable, sub-licensable, worldwide and irrevocable for so long as your Content is stored with us. Other than this limited license, InkThink does not obtain any right, title or interest from you in any of your Content.
If you elect to use any third-party service or application that is integrated with InkThink, you agree that the licenses granted to InkThink shall apply to Content submitted or uploaded through such third-party service or application. InkThink does not assume any responsibility for, or liability on account of, the actions or omissions of such third-party applications or service providers.
Are There Rules about What I Can Do on the InkThink Service?
Yes. Your use of the InkThink Service must be in accordance with these Terms. You are responsible for your own conduct and all conduct under your account. You agree to safeguard your password, keep your Basic Subscriber Information current, and not share your account credentials or give others access to your account. Our User Guidelines provide more specific details regarding prohibited conduct. If we find that any shared Content in your account violates our Terms of Service, we reserve the right to un-share or take down such content.
InkThink's Rights Relating to the InkThink Service
Content Rights
While you own the Content you store within the InkThink Service (subject to third party rights), you acknowledge and agree that InkThink (and our licensors) own all legal right, title and interest in and to the InkThink Service, including all software that is part of the InkThink Service and all InkThink Software.
Intellectual Property Rights
The rights in the InkThink Service and InkThink Software, including all intellectual property rights such as trademarks, patents, designs and copyrights, are protected by copyright, trademark, patent, trade secret and other laws. You agree to not modify, create derivative works of, decompile or otherwise attempt to extract source code from any InkThink Software, unless expressly permitted to do so.
Right to Engage Third Parties
InkThink engages certain affiliates or other third parties ("Service Providers") to provide technical or other services relating to all or part of the InkThink Service, and you hereby agree that such involvement by these Service Providers is acceptable. Please see our Privacy Policy to understand the extent to which any affiliate or third party may have access to your account information or Content.
Right to Update Our Software
InkThink may automatically download software updates on your devices from time to time with the intention of improving, enhancing, repairing and/or further developing the InkThink Service. InkThink will endeavor to provide you with the option of whether or not to install the update; however, in certain circumstances (e.g., security risks), InkThink may require you to install the update to continue accessing the InkThink Service.
How Does InkThink Respond to Copyright Violations?
We respond to clear and complete notices of alleged infringement of copyright, trademark or other intellectual property laws. If you believe that your intellectual property rights have been violated, please notify our Compliance team by contacting support. InkThink account holders who are deemed repeat infringers pursuant to InkThink's policies will, in appropriate circumstances, be terminated pursuant to that policy.
Can Kids Use InkThink?
InkThink is not directed to minors, and any use by minors should only be done with the guidance, supervision and consent of their parents, guardians and/or authorized school officials. InkThink does not knowingly collect personal information from minors without parental consent. If we learn that we have inadvertently obtained information in violation of applicable laws, we will promptly delete it.
Where Does My Data Go?
The InkThink Service is available worldwide, but your data is stored primarily in the United States, as described in our Privacy Policy. Your use of the InkThink Service will likely result in interstate and possibly international data transmissions, and your use of the InkThink Service shall constitute your consent to permit such transmissions.
How is My Account Closed?
You may deactivate your account with our InkThink Service at any time, for any reason. If you subscribe to a Paid Service, you will need to cancel your subscription pursuant to our commercial terms.
InkThink may act to temporarily limit your use of the InkThink Service, suspend access to your account, or close your account, with or without notice according to these Terms. Reasons may include: (i) breach or violation of these Terms; (ii) an extended period of inactivity; (iii) nonpayment of any fees; (iv) the discontinuance or material modification of the InkThink Service; or (v) unexpected technical or security issues.
In most cases, in the event we elect to close your account, we will provide at least 30 days advance notice to you at the email address you have provided to us, so you have a chance to retrieve any Content stored on the InkThink Service servers.
What Happens to My Account when I Die?
InkThink's pledge to protect the privacy of your Content will continue, even after your death or incapacity. We will not provide your information, or your Content, to anyone, even next of kin, unless we determine that we are legally obligated to do so. We encourage you to include your Basic Subscriber information in your will or other estate plans, so that anyone you wish to have access to your account will have the means to do so.
If I Have a Great Idea to Share with InkThink, What Are My Rights?
When you submit any ideas, suggestions, documents and/or proposals relating to the InkThink Service to InkThink (collectively, "Contributions"), you acknowledge and agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) InkThink is not under any obligation of confidentiality with respect to the Contributions; (iii) InkThink shall be entitled to use or disclose such Contributions for any purpose, in any way; (iv) your Contributions automatically become the property of InkThink without any obligation of InkThink to you; and (v) you are not entitled to any compensation or reimbursement of any kind from InkThink under any circumstances.
What Do I Do If I Think I Have a Claim Against InkThink?
Let Us Know About Your Complaint
We want to know if you have a problem so we encourage you to contact our customer support team if you have any concerns with respect to the operation of the InkThink Service, as we want to ensure that you have an excellent experience.
Initiating a Formal Claim
If you must pursue legal action, you agree that your claim must be resolved by the processes set forth in these Terms. You agree that prior to initiating any formal proceedings against InkThink, you will send us a notice to support@inkthink.app stating that you are providing a "Notice of Dispute." Upon receipt, you and we shall attempt to resolve the dispute through informal negotiation within sixty (60) days.
Except where our dispute is being resolved pursuant to an arbitration, you agree that any claim or dispute you may have against InkThink must be resolved exclusively by a state or federal court located in Los Angeles County, California.
Claims Are Time-Barred
You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of or related to use of the InkThink Service must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim.
Special Notice for California Users
Under California Civil Code Section 1789.3, users of the InkThink Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us via email at support@inkthink.app.
Limitation of Liability and Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE INKTHINK SERVICE IS AVAILABLE "AS IS." INKTHINK EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INKTHINK DOES NOT WARRANT THAT (i) THE INKTHINK SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE INKTHINK SERVICE WILL BE UNINTERRUPTED, AVAILABLE, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE INKTHINK SOFTWARE OR INKTHINK SERVICE WILL BE CORRECTED.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT INKTHINK, ITS SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OR INABILITY TO USE THE INKTHINK SERVICE, UNAUTHORIZED ACCESS TO YOUR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATING TO THE INKTHINK SERVICE.
NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
What Law Applies to My Use of InkThink?
These Terms and the relationship between you and InkThink shall be governed in all respects by the laws of the State of California, United States of America, without regard to its conflict of law provisions. You agree that any claim or dispute must be resolved exclusively by a state or federal court located in Los Angeles County, California.
If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
How Will InkThink Send Me Notices?
We may provide you with notices by email (to the email address associated with your account), regular mail or postings on the website(s) related to the affected InkThink Service. This is why it's important to keep your Basic Subscriber Information accurate and up to date. Any notice to InkThink must be delivered by email to support@inkthink.app.
Anything Else?
These Terms constitute the entire agreement between you and InkThink and govern your use of the InkThink Service. These Terms supersede any prior agreements or earlier versions of these Terms between you and InkThink.
The section headings in these Terms of Service are for convenience only and have no legal or contractual effect. In the event of a conflict, the English language version shall govern.
Thank you for using InkThink and please contact us if you have any questions at support@inkthink.app.