Terms of Service

1. Acceptance of these Terms

These Terms of Service ("Terms") are an agreement between you and [LEGAL ENTITY NAME] ("Inkly", "we", "us" or "our"). They govern your use of the Inkly mobile app and this website (together, the "Service").

By creating an account or using the Service, you agree to these Terms and to our Privacy Policy, which explains how we handle your personal information. If you do not agree, do not use the Service.

2. The Service

Inkly is an app for iPhone and Android that uses artificial intelligence to show you what a tattoo design might look like on your body. To create a preview, you:

• take or upload a photo of the part of your body where you want the tattoo (a "Body Photo");
• take or upload an image of the tattoo design (a "Design");
• choose a placement from the list in the app; and
• generate a preview image (a "Preview").

Your Previews are kept in your History, where you can view, regenerate, save to your device, share, or delete them. You can also try a different Design on the same Body Photo. This website only provides information about the app.

3. Eligibility

You must be at least [18] years old to use the Service. By using it, you confirm that you meet this age requirement, that you can form a binding contract, and that no applicable law prevents you from using the Service.

4. Your account

You sign in to Inkly with your Apple or Google account. We do not create or store a separate Inkly password. When you sign in, we receive your name, email address and profile picture from the sign-in provider, as described in our Privacy Policy.

You are responsible for keeping your Apple or Google account secure and for all activity that happens under your Inkly account. If you think someone has used your account without permission, contact us at [CONTACT EMAIL].

5. Free use and usage limits

The Service is currently free. There are no paid plans, subscriptions or in-app purchases. To keep the Service available to everyone, these limits apply:

• Previews: up to 5 successful Previews in any rolling 24-hour period. Previews that fail, including ones blocked by the safety filter, do not count toward this limit.
• Attempts: up to 20 Preview attempts of any kind (successful or failed) in any rolling 24-hour period.
• Uploads: images must be JPEG, PNG or WebP files no larger than 10 MB.

We may change these limits. If we ever introduce paid features, we will show you the price and any extra terms before you are charged, and nothing will be charged without your agreement.

6. Your content

What counts as your content

"Your Content" means the Body Photos and Designs you upload and the Previews generated from them.

Ownership

You keep any rights you have in your Body Photos and Designs. As between you and us, we assign to you any rights we have in the Previews generated for you. AI-generated images may not be protected by copyright in every country, and a Preview may contain elements of a Design that belong to someone else (see below).

The permission you give us

You give us a worldwide, non-exclusive, royalty-free license to host, store, copy, process and display Your Content, and to send it to the service providers listed in Section 10. This license is only for operating the Service for you, for example to generate your Previews, show them in your History and let you save or share them. It ends when Your Content is deleted from our systems. We do not use Your Content to train AI models, and we do not use it in advertising or marketing without your permission.

Your promises about your content

You promise that:

• each Body Photo shows you, or another adult who has agreed to you uploading it;
• you own each Design or have permission to use it (many tattoo designs are protected by the artist's copyright); and
• Your Content does not break these Terms or any law.

Deleting your content

Your Content stays in your History until you delete it. When you delete a Preview, we delete the Preview and its Body Photo and Design, unless that Body Photo or Design is still used by another of your Previews. When you delete your account, we delete all of Your Content. Deletion cannot be undone. It does not affect copies you have already saved to your device or shared with others, or copies kept by our service providers under their own retention policies, as described in our Privacy Policy.

7. Acceptable use

You agree not to upload any of the following, or use the Service to create it:

• images of anyone under 18;
• images of another person without their consent;
• nudity or sexually explicit content;
• content that infringes someone else's copyright, trademark, privacy or other rights;
• content that is unlawful, or that harasses, threatens or promotes hatred or violence against anyone.

You also agree not to:

• use Previews to mislead people, for example by presenting them as real photos of a real person's tattoo in order to deceive or harm someone;
• get around the usage limits, for example by using multiple accounts or automated tools;
• access, or try to access, another user's account or content;
• reverse engineer, scrape, overload or interfere with the Service or the systems it runs on, except where the law expressly allows it; or
• use the Service in any way that breaks the law or the terms of the third-party services in Section 10.

Uploads are checked automatically by our AI provider's safety system, which may block a Preview. Blocked attempts do not count toward your 5-Preview limit, but they do count toward the 20-attempt limit.

8. AI-generated previews

Previews are created by an AI image model operated by a third party (see Section 10). Please keep in mind that:

• A Preview is a simulation, not a photo of a real tattoo. It may not accurately show size, placement, line detail, color, how the ink sits in your skin, or how a tattoo will heal and age.
• Results vary. The same inputs can produce different results, and the AI may change parts of your photo that it was instructed to leave untouched, such as skin tone, body shape or background.
• Previews may be blocked or fail. We do not guarantee that every request will produce a Preview.
• It is not professional advice. Inkly does not give medical, dermatological or tattoo-artistry advice. Before getting a tattoo, consult a licensed tattoo artist and, if you have any health concerns, a medical professional.

The decision to get a tattoo is yours alone. We are not responsible for any decision you make based on a Preview.

9. Our intellectual property

The Service, including its software, design, text, graphics, the Inkly name and the leaf logo, belongs to us or our licensors and is protected by law. Except for Your Content, these Terms do not give you any rights in the Service other than the limited license below.

We grant you a personal, revocable, non-exclusive, non-transferable license to download and use the Inkly app on devices you own or control, in line with these Terms and the rules of the app store you downloaded it from.

If you send us feedback or suggestions, including through an app store review, we may use them without any obligation to you.

10. Third-party services

The Service relies on the following providers. Your use of their features may also be subject to their own terms and privacy policies, and we are not responsible for their services.

• Apple and Google: sign-in, and app distribution through the App Store and Google Play.
• Clerk: account sign-in and authentication.
• Convex: app backend, database and storage of Your Content.
• OpenAI: AI image generation. Your Body Photo, Design and chosen placement are sent to OpenAI to create each Preview.
• Sentry: crash reporting and app diagnostics.

11. App Store and Google Play

If you downloaded Inkly from the Apple App Store or Google Play, you also agree to that store's terms, and they take priority if they conflict with these Terms. If you use the iOS app, you and we also acknowledge that:

• these Terms are between you and us only, not Apple, and we, not Apple, are responsible for the app and its content;
• Apple has no obligation to provide maintenance or support for the app;
• to the extent any warranty applies, Apple has no warranty obligation for the app, and if the app fails to conform to an applicable warranty, you may notify Apple (because the app is free, there is no purchase price to refund);
• we, not Apple, are responsible for handling any claims relating to the app, including product liability claims, claims that the app fails to meet legal or regulatory requirements, consumer-protection claims, and claims that the app infringes someone else's intellectual property;
• you confirm that you are not located in a country subject to a U.S. government embargo and are not on any U.S. government list of prohibited or restricted parties; and
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

12. Suspension and termination

By you. You can stop using the Service at any time. To delete your account, go to Profile, then Delete Account in the app. This permanently deletes your Inkly account, your Previews, and the Body Photos and Designs you uploaded. It cannot be undone.

By us. We may suspend or terminate your access to the Service, and delete your account, if you seriously or repeatedly breach these Terms, if the law requires it, or if it is necessary to protect the Service, our users or others. Where reasonable, we will tell you why.

Sections 6 (to the extent needed for deletion and for your promises), 8, 9, and 14 to 18 continue to apply after your access ends.

13. Changes to the Service and these Terms

We may add, change or remove features, change usage limits, or stop offering the Service. We may also update these Terms. When we do, we will post the new version here and update the effective date above. If a change is material, we will give you reasonable notice [in the app or by email] before it takes effect. If you keep using the Service after the changes take effect, you accept the updated Terms. If you do not agree, stop using the Service and delete your account.

14. Disclaimers

The Service and all Previews are provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not warrant that the Service will be uninterrupted, error-free or secure, or that any Preview will be accurate or meet your expectations.

Some jurisdictions do not allow certain warranties to be excluded, so some of the above may not apply to you. Nothing in these Terms limits any rights you have as a consumer that cannot be limited by contract.

15. Limitation of liability

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, goodwill or profits, or for any decision you make based on a Preview, arising out of or relating to the Service or these Terms. Our total liability for all claims relating to the Service or these Terms will not exceed the greater of the amount you paid us in the 12 months before the claim arose or [USD $50].

These limits do not apply to liability that cannot be limited by law, such as liability for death or personal injury caused by negligence, or for fraud.

16. Indemnification

To the extent permitted by law, you agree to defend and indemnify us against any claims, damages, losses and expenses (including reasonable legal fees) brought by third parties that arise from Your Content, your misuse of the Service, or your breach of these Terms.

17. Governing law and disputes

These Terms are governed by the laws of [GOVERNING LAW JURISDICTION], without regard to its conflict-of-law rules. Any dispute arising out of or relating to these Terms or the Service will be resolved in the courts of [VENUE], unless the law of the country where you live gives you the right to bring a claim in your local courts.

Before starting a formal dispute, please contact us at [CONTACT EMAIL] so we can try to resolve it informally.

18. General

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the Service.
• Severability. If any part of these Terms is found unenforceable, the rest stays in effect.
• No waiver. If we do not enforce a right, we have not given it up.
• Assignment. You may not transfer these Terms without our consent. We may transfer them in connection with a merger, acquisition or sale of assets.
• Language. These Terms are written in English. Any translation is for convenience only.

19. Contact

If you have questions about these Terms, contact us at:

[LEGAL ENTITY NAME]
[POSTAL ADDRESS]
Email: [CONTACT EMAIL]