Terms of Service

1. Introduction

Welcome to inkStar ("Platform", "we", "us", "our"). These Terms of Service ("Terms") govern your access to and use of the inkStar mobile application, web application, and all related services. By creating an account or using our Platform, you agree to be bound by these Terms in their entirety.

inkStar provides a software platform that enables businesses to manage their appointments, customers, employees, contracts, payments, and day-to-day operations. We are exclusively a technology provider. We do not participate in, control, direct, or assume responsibility for any transactions, services, agreements, employment relationships, or interactions that occur between you and your customers, employees, or any third parties through our Platform.

Please read these Terms carefully before using the Platform. If you do not agree with any part of these Terms, you must not use the Platform. These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the complete agreement between you and inkStar regarding the use of the Platform.

2. Definitions

• "Platform" refers to the inkStar mobile application (iOS and Android), web application, APIs, and all associated services, tools, features, and documentation.
• "User" (also "you", "your") refers to any individual or business entity that registers for and uses the Platform to manage their business operations.
• "End Customer" refers to any person who interacts with a User's business through the Platform, including booking appointments, signing contracts, or making payments.
• "User Content" refers to all data, information, text, images, photographs, contracts, documents, and other materials that Users upload, create, store, or manage through the Platform.
• "User Services" refers to the professional services that Users offer to their End Customers, which are managed through the Platform but are in no way provided by, endorsed by, or affiliated with inkStar.
• "Subscription" refers to the paid plan that grants you access to the Platform's features for a specified billing cycle.
• "Account" refers to the unique profile created by you upon registration, which provides access to the Platform and its features.
• "Third-Party Services" refers to any services, applications, payment processors, or integrations provided by entities other than inkStar that may be accessed through or in connection with the Platform.
• "Billing Cycle" refers to the recurring period (monthly or annual) for which you are billed for your Subscription.

3. Acceptance of Terms

By creating an Account, accessing the Platform, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Platform on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" refers to both you individually and the entity you represent.

You must be at least 18 years old (or the age of legal majority in your jurisdiction) to create an Account and use the Platform. By using the Platform, you represent and warrant that you meet this age requirement.

4. Nature of the Platform — Platform as Neutral Technology Provider

inkStar is a business management software platform. We provide technological tools for appointment scheduling, customer relationship management, employee management, contract creation, payment processing integration, business analytics, and online booking. We are a neutral technology provider and do not engage in, endorse, supervise, direct, or take responsibility for any business activities conducted by our Users.

It is essential that you understand the following about the nature of our Platform. inkStar expressly disclaims any role as a participant, partner, agent, or principal in any of the following:

• inkStar is not a party to any appointment, booking, or service agreement between Users and their End Customers. We provide the scheduling technology only.
• inkStar is not a party to, signatory of, guarantor of, or advisor on any contract, consent form, agreement, or legal document created, signed, or managed through the Platform.
• inkStar is not an employer, co-employer, joint employer, staffing agency, or employment intermediary. We have no employment or labor relationship whatsoever with your employees, contractors, freelancers, or other personnel.
• inkStar is not a payment processor, financial institution, bank, money transmitter, or payment service provider. All payment functionality is provided by independent third-party payment processors.
• inkStar is not responsible for the quality, safety, legality, or fulfillment of any services, treatments, products, or professional work offered by Users to their End Customers.
• inkStar does not provide legal, financial, tax, medical, health, safety, or any other form of professional advice. Nothing on the Platform should be construed as professional advice of any kind.

Any actions taken by Users through the Platform — including but not limited to booking appointments, creating contracts, processing payments, managing employees, sending communications, or collecting customer data — are the sole responsibility of the User. inkStar merely provides the technological infrastructure that enables these actions.

5. Account Registration and Security

To use the Platform, you must create an Account and provide accurate, complete, and current information. You are solely responsible for:

• Maintaining the accuracy and completeness of your Account information at all times, including your business name, contact details, and billing information.
• Confirming that you are at least 18 years old and legally authorized to enter into these Terms.
• Safeguarding your login credentials, passwords, and API keys, and preventing unauthorized access to your Account.
• All activities that occur under your Account, whether authorized by you or not, including actions taken by your employees or other individuals you grant access to.
• Notifying us immediately at hello@inkstar.com of any unauthorized use of your Account, any security breach, or any suspected compromise of your credentials.
• Maintaining only one Account per business entity unless otherwise agreed in writing.

We reserve the right to suspend or terminate Accounts that contain inaccurate information, are used in violation of these Terms, or pose a security risk to the Platform or other Users.

6. Description of Services

The Platform provides the following business management tools and features, which may vary depending on your Subscription plan:

• Appointment scheduling, calendar management, online booking pages, and automated reminders.
• Customer relationship management, including client profiles, contact information storage, communication history, and notes.
• Employee and staff management, including schedules, work assignments, roles, and permissions.
• Contract and agreement creation, digital signature collection, consent form management, and document storage.
• Integration with third-party payment processors for accepting payments, tracking transactions, and generating financial reports.
• Business analytics, reporting dashboards, revenue tracking, and performance insights.
• Online presence tools including booking pages and customer-facing scheduling interfaces.

The availability, scope, and functionality of these features may change over time. We reserve the right to add, modify, or remove features at our discretion, subject to the terms outlined in Section 25 (Modifications to the Service).

7. License Grant

Subject to your compliance with these Terms and payment of all applicable fees, inkStar grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform during the term of your Subscription solely for your internal business management purposes.

This license does not include the right to: (a) sublicense, resell, or redistribute the Platform or any part thereof; (b) modify, adapt, translate, or create derivative works of the Platform; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform; (d) use the Platform to develop a competing product or service; or (e) remove, alter, or obscure any proprietary notices on the Platform.

8. Subscription, Billing, and Fees

8.1 Subscription Plans

The Platform offers various Subscription plans with different feature sets and pricing tiers. The features, limitations, and pricing of each plan are described on our pricing page and may be updated from time to time. Your access to specific features depends on your chosen Subscription plan.

8.2 Billing and Payment

By subscribing to a paid plan, you agree to pay all applicable fees in accordance with the billing terms presented at the time of purchase. The following terms apply:

• Subscriptions automatically renew at the end of each Billing Cycle unless you cancel before the renewal date. You will be charged the then-current rate for the renewal period.
• Payment must be made using a valid payment method accepted by our payment processor. You authorize us to charge your payment method for all fees due.
• All fees are stated and charged in the currency indicated at the time of purchase. Exchange rate fluctuations are your responsibility.
• All fees are exclusive of applicable taxes (including VAT, sales tax, and other levies). You are responsible for all taxes associated with your Subscription, except for taxes based on inkStar's net income.
• Invoices are generated automatically and made available through your Account. It is your responsibility to download and retain invoices for your records.

8.3 Price Changes

We reserve the right to change our Subscription fees at any time. We will provide you with at least thirty (30) days' advance written notice of any price increase. The new pricing will take effect at the start of your next Billing Cycle following the notice period. If you do not agree with the price change, you may cancel your Subscription before the new pricing takes effect.

8.4 Plan Changes

You may upgrade or downgrade your Subscription plan at any time through your Account settings. Upgrades take effect immediately, and you will be charged a prorated amount for the remainder of your current Billing Cycle. Downgrades take effect at the start of your next Billing Cycle, and you will retain access to your current plan's features until then. No refunds or credits are issued for downgrades.

8.5 Late Payment and Suspension

If payment fails or is not received by the due date, we may: (a) send you a reminder notification; (b) restrict access to certain features; (c) suspend your Account after a reasonable grace period; or (d) terminate your Account in accordance with Section 30. You remain liable for all outstanding fees, including any applicable late payment interest as permitted by law. Reactivation of a suspended Account may require payment of all outstanding balances.

8.6 Refund Policy

Subscription fees are generally non-refundable. However, if you cancel your Subscription within fourteen (14) days of your initial purchase (not renewal) and have not made substantial use of the Platform, you may request a full refund by contacting us at hello@inkstar.com. For annual Subscriptions, the 14-day right of withdrawal applies from the date of purchase. After the withdrawal period, no refunds will be issued for unused portions of a Billing Cycle.

9. Free Trials and Beta Features

We may offer free trial periods that allow you to evaluate the Platform before committing to a paid Subscription. Free trials are limited to one per business entity. At the end of the free trial, your Account will automatically convert to a paid Subscription at the then-current rate unless you cancel before the trial period expires. We will notify you before the trial ends.

From time to time, we may offer access to beta or early-access features. Beta features are provided "as is" and "as available" without any warranties or service level commitments. Beta features may contain bugs, errors, or incomplete functionality. We may modify or discontinue beta features at any time without notice and without liability.

inkStar makes no guarantees regarding the availability, reliability, or performance of free trial or beta features. You use them at your own risk, and any data entered during a trial or beta period may not be preserved if you do not convert to a paid Subscription.

10. User Responsibilities

You are solely and entirely responsible for your use of the Platform and all business activities you conduct through it. This responsibility extends to all actions taken by any person who accesses the Platform through your Account, including your employees, contractors, and agents. Your responsibilities include, but are not limited to:

• Complying with all applicable local, state, national, and international laws, regulations, and industry standards governing your business, industry, and jurisdiction, including but not limited to consumer protection laws, health and safety regulations, and professional licensing requirements.
• Obtaining and maintaining all required business licenses, permits, certifications, professional registrations, and insurance coverage for your professional activities.
• Ensuring the accuracy, legality, completeness, and appropriateness of all content, data, and information you create, upload, share, or manage through the Platform.
• Managing all relationships with your End Customers, including service quality, fulfillment of booked appointments, dispute resolution, cancellation policies, refund policies, and customer communications.
• Handling all tax obligations, including income tax, corporate tax, sales tax, value-added tax (VAT), withholding tax, and any other applicable taxes or levies related to your business activities and transactions conducted through the Platform.
• Complying with all applicable data protection and privacy laws (including the EU General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG), and any other applicable data protection legislation) regarding any personal data you collect, store, process, or transfer through the Platform.
• Maintaining adequate professional liability insurance and any other insurance required by law or by your industry's regulatory bodies.
• Complying with all applicable employment and labor laws, including but not limited to minimum wage laws, working time regulations, employee benefits requirements, anti-discrimination laws, and occupational health and safety standards.

11. Acceptable Use Policy

You agree not to use the Platform for any unlawful purpose or in any way that violates these Terms. The following activities are strictly prohibited:

• Using the Platform to facilitate, promote, or engage in any illegal activity, including fraud, money laundering, tax evasion, or the sale of illegal goods or services.
• Sending unsolicited communications, spam, bulk messages, or marketing materials to individuals who have not consented to receive them, or using the Platform to harvest email addresses or other contact information.
• Uploading, transmitting, or distributing viruses, malware, ransomware, trojans, worms, or any other malicious code or software designed to interrupt, damage, or limit the functionality of any computer system.
• Attempting to gain unauthorized access to the Platform, other Users' Accounts, or any computer systems, servers, or networks connected to the Platform.
• Reverse engineering, decompiling, disassembling, decrypting, or otherwise attempting to derive the source code, algorithms, or underlying technology of the Platform or any part thereof.
• Using the Platform to build, support, or improve a competing product or service, or to conduct competitive analysis, benchmarking, or market research.
• Overloading, flooding, or attempting to disrupt the Platform's servers, infrastructure, or performance through denial-of-service attacks, excessive API calls, or any other means that exceeds reasonable usage.
• Using automated scripts, bots, crawlers, scrapers, or other automated means to access, extract, collect, or index data from the Platform without our express written permission.
• Impersonating another person, business, or entity, or falsely representing your affiliation with any person or entity.
• Uploading, posting, or transmitting content that infringes any intellectual property rights, including copyrights, trademarks, patents, trade secrets, or rights of publicity or privacy of any third party.
• Engaging in harassment, bullying, intimidation, discrimination, defamation, or any conduct that is abusive, threatening, obscene, or otherwise objectionable.
• Attempting to circumvent, disable, or interfere with any security features, access controls, usage limitations, or digital rights management measures of the Platform.

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your Account, without prior notice and without refund. We reserve the right to investigate and take appropriate legal action against anyone who violates this policy, including reporting violations to law enforcement authorities.

12. Appointments and Scheduling

The Platform provides tools for scheduling and managing appointments, including online booking pages, calendar views, automated reminders, and cancellation management. You are solely responsible for: setting your availability and business hours; managing your calendar and preventing overbooking; honoring booked appointments and fulfilling your service obligations; communicating scheduling changes, delays, or cancellations to your End Customers in a timely manner; establishing and enforcing your own cancellation, no-show, and rescheduling policies; and ensuring that your booking terms are clearly communicated to your End Customers.

inkStar is not responsible for missed appointments, scheduling conflicts, double-bookings, overbookings, cancellations, no-shows, late arrivals, service quality issues, or any consequences whatsoever arising from the scheduling and provision of appointments. We provide a scheduling tool only — we are not a party to, and bear no responsibility for, any appointment, service agreement, or business relationship between you and your End Customers.

Automated reminders and notifications sent through the Platform are provided as a convenience feature. inkStar does not guarantee the delivery, timing, or receipt of any notifications and shall not be held liable for any consequences arising from undelivered or delayed notifications.

13. Payment Processing

The Platform offers integrations with third-party payment processors to enable you to accept payments from your End Customers. These payment integrations are provided for your convenience as a technology feature of the Platform. The availability of specific payment processors may vary by region.

inkStar is not a payment processor, payment service provider, financial institution, bank, money services business, money transmitter, or escrow agent. We do not process, hold, manage, or transfer any funds at any time. All payment transactions are processed entirely by independent third-party payment providers and are governed exclusively by their respective terms and conditions, privacy policies, and applicable regulations. You are solely responsible for:

• Selecting, setting up, configuring, and maintaining your payment processing accounts with third-party providers, and ensuring those accounts are in good standing.
• All payment disputes, chargebacks, reversals, and fraud claims between you and your End Customers or between you and the payment processors.
• Issuing refunds, processing returns, handling payment-related customer service inquiries, and establishing clear refund and return policies for your End Customers.
• Ensuring compliance with all payment card industry data security standards (PCI DSS), applicable financial regulations, anti-money laundering (AML) requirements, and know-your-customer (KYC) obligations.
• Understanding, accepting, and paying the fee structures, transaction fees, and service charges of your chosen third-party payment processors.
• Implementing appropriate fraud prevention measures and bearing full responsibility for any fraudulent transactions processed through your account.
• Collecting and remitting all applicable taxes (including VAT and sales tax) on payments received from your End Customers.

inkStar shall not be held liable for any failed transactions, declined payments, payment processing errors, unauthorized charges, chargebacks, disputes, fraud, currency conversion issues, payment processor outages, or any financial losses of any kind arising from payment activities conducted through or in connection with the Platform.

Your relationship with any third-party payment processor is a direct, independent relationship between you and that provider. inkStar is not responsible for the acts, omissions, terms, conditions, or policies of any third-party payment processor.

14. Contracts and Agreements

The Platform provides tools for creating, editing, managing, storing, and digitally signing contracts, consent forms, waivers, and other legal documents. These contract tools are provided as a technological convenience to help you manage your business documentation digitally.

inkStar is not a party to, signatory of, guarantor of, witness to, or legal advisor on any contract, agreement, consent form, waiver, or document created, edited, signed, stored, or managed through the Platform. We do not draft, review, verify, validate, approve, or endorse the content of any document. We do not provide any legal services whatsoever. You are solely responsible for:

• The content, accuracy, completeness, and legal sufficiency of all contracts and documents you create through the Platform.
• Ensuring that your contracts and documents comply with all applicable laws, regulations, and legal requirements in your jurisdiction and the jurisdictions of your contracting parties.
• The enforceability, legal validity, and binding nature of contracts and documents created through the Platform. You should consult with a qualified legal professional to ensure your contracts meet your legal needs.
• Resolving any and all contractual disputes, breaches, claims, or disagreements between you and your End Customers, employees, or other contracting parties.
• Verifying the identity, capacity, and legal authority of all parties who sign contracts or documents through the Platform.
• Ensuring that all necessary consents are obtained and that informed consent requirements (including medical, health, or safety-related consents) are properly fulfilled in accordance with applicable laws.
• Maintaining adequate records and backups of all contracts and documents, and complying with any applicable document retention requirements.

inkStar provides the digital infrastructure for document creation and management only. We bear absolutely no responsibility for the legal enforceability, interpretation, validity, consequences, or compliance of any contract, agreement, consent form, waiver, or document created, edited, executed, stored, or managed on the Platform. You are strongly advised to seek independent legal counsel for your contractual needs.

15. Employee and Staff Management

The Platform offers tools for managing employees, contractors, freelancers, and other staff, including scheduling, role assignments, permissions, work logs, and performance tracking. These tools are provided as organizational aids for your internal business management.

inkStar is not an employer, co-employer, joint employer, staffing agency, employment agency, employment intermediary, payroll provider, or benefits administrator. We have absolutely no employment, labor, agency, or contractual relationship with your employees, contractors, freelancers, or any other personnel. You are solely and exclusively responsible for:

• Full compliance with all applicable labor and employment laws, regulations, and collective bargaining agreements in every jurisdiction where you operate.
• All wage and hour obligations, including minimum wage compliance, overtime calculation and payment, payroll taxes, social security contributions, and employee benefits.
• Drafting, executing, and enforcing employment contracts, independent contractor agreements, and non-disclosure agreements.
• Compliance with all occupational health and safety laws, workplace safety regulations, and industry-specific safety standards.
• Compliance with all anti-discrimination, equal opportunity, and harassment prevention laws and regulations.
• All hiring, disciplinary, and termination decisions, including compliance with applicable notice periods, severance requirements, and wrongful dismissal protections.
• Ensuring that work schedules created through the Platform comply with applicable working time regulations, rest period requirements, and maximum working hour limits.

Any employee or staff data entered into the Platform is managed solely by you. inkStar does not verify, audit, or monitor the accuracy or legality of any employment practices, working conditions, compensation arrangements, or personnel decisions made by Users through the Platform. All such decisions are made at your sole discretion and responsibility.

16. Customer Data and Privacy

You may collect, store, process, and manage personal data of your End Customers through the Platform, including names, contact information, health information, photographs, payment details, and other personal information. As the data controller of your End Customers' personal information, you bear full responsibility for:

• Lawfully collecting personal data and maintaining a valid legal basis for each type of processing activity (e.g., consent, legitimate interest, contractual necessity).
• Obtaining all necessary consents from your End Customers before collecting, processing, sharing, or storing their personal data, and ensuring that such consents are freely given, specific, informed, and unambiguous.
• Implementing and maintaining appropriate technical and organizational security measures to protect all stored customer data against unauthorized access, loss, alteration, or destruction.
• Promptly responding to data subject access requests (DSARs), rectification requests, deletion requests (right to be forgotten), data portability requests, and any other privacy rights exercised by your End Customers under applicable law.
• Complying with all applicable data breach notification requirements, including notifying affected individuals and supervisory authorities within the timeframes required by law.
• Maintaining comprehensive records of all data processing activities as required by applicable data protection regulations.

inkStar acts as a data processor on your behalf with respect to End Customer data stored and processed through the Platform. Our processing of such data is governed by our Privacy Policy and, where applicable, our Data Processing Agreement (DPA).

You remain fully and solely responsible for your own compliance with all applicable data protection and privacy regulations, including but not limited to the GDPR, the BDSG, and any sector-specific data protection requirements. inkStar's role as a data processor does not diminish your obligations as a data controller.

17. Data Processing and GDPR Compliance

For Users located in the European Economic Area (EEA), Switzerland, or the United Kingdom, or who process personal data of individuals in these regions: inkStar processes personal data in accordance with the EU General Data Protection Regulation (GDPR) and other applicable data protection laws. The specifics of our data processing activities, including the types of data processed, purposes, and safeguards, are detailed in our Privacy Policy.

Where required by applicable law, inkStar will enter into a Data Processing Agreement (DPA) with you that complies with Article 28 of the GDPR. The DPA sets forth the obligations of both parties regarding the processing of personal data, including sub-processing, data transfers, security measures, and breach notification procedures.

You acknowledge that as the data controller, you are responsible for determining the purposes and means of processing personal data through the Platform. inkStar will only process personal data on your behalf and in accordance with your documented instructions, except where required by applicable law.

18. Data Retention and Deletion

During the term of your Subscription, your User Content and End Customer data are stored on the Platform and accessible through your Account. You are responsible for maintaining your own backups of critical data. While we take reasonable measures to protect data integrity, we are not a backup service and do not guarantee against data loss.

Upon termination or expiration of your Account, we will provide you with a reasonable period (not less than thirty (30) days from the date of termination notice) to export your data. After this export period, we will delete your User Content and End Customer data from our active systems in accordance with our data retention policy. Some data may be retained in backup systems for a limited additional period before being permanently deleted.

Certain data may be retained beyond the deletion timeline where required by law (e.g., tax records, transaction logs) or where necessary for the establishment, exercise, or defense of legal claims. We will inform you of any such legally required retention upon request.

19. User Content

You retain full ownership of all User Content you upload, create, or manage through the Platform. By using the Platform, you grant inkStar a limited, worldwide, non-exclusive, royalty-free license to host, store, cache, transmit, display, and process your User Content solely for the purpose of providing, maintaining, and improving the Platform services for you. This license terminates when you delete your User Content or close your Account, subject to any backup retention periods.

You represent and warrant that: (a) you own or have all necessary rights, licenses, and permissions to upload and use your User Content on the Platform; (b) your User Content does not infringe, misappropriate, or violate the intellectual property rights, privacy rights, or other rights of any third party; (c) your User Content does not contain any illegal, defamatory, obscene, or otherwise objectionable material; and (d) your User Content complies with all applicable laws and regulations.

We do not monitor, review, moderate, or endorse User Content. You are solely responsible for the accuracy, quality, legality, and appropriateness of all User Content. We reserve the right (but are not obligated) to remove or disable access to any User Content that we reasonably believe violates these Terms or applicable law.

20. Intellectual Property

The Platform, including but not limited to all software, source code, algorithms, databases, interfaces, designs, graphics, logos, trademarks, trade names, service marks, documentation, and all other intellectual property embodied in or associated with the Platform, is and remains the exclusive property of inkStar and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

Nothing in these Terms transfers or assigns any intellectual property rights in the Platform to you, except for the limited license expressly granted in Section 7. All rights not expressly granted herein are reserved by inkStar.

Any feedback, suggestions, ideas, enhancement requests, or other input you provide regarding the Platform ("Feedback") may be used by inkStar without restriction, compensation, or obligation to you. You hereby assign to inkStar all rights, title, and interest in and to any such Feedback.

21. Copyright and Intellectual Property Infringement

inkStar respects the intellectual property rights of others and expects Users to do the same. If you believe that any content on the Platform infringes your intellectual property rights, please notify us at hello@inkstar.com with the following information: (a) a description of the copyrighted work or intellectual property you claim has been infringed; (b) a description of where the allegedly infringing material is located on the Platform; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that the use is not authorized by the rights owner; and (e) a statement, made under penalty of perjury, that the information provided is accurate and that you are authorized to act on behalf of the rights owner.

We reserve the right to remove or disable access to allegedly infringing content, suspend or terminate the Accounts of repeat infringers, and take any other action we deem appropriate.

22. Third-Party Services and Integrations

The Platform may integrate with, connect to, or provide links to third-party services, applications, websites, and platforms, including but not limited to payment processors, calendar synchronization services, communication tools, accounting software, and social media platforms. These Third-Party Services are provided by independent entities and are not under inkStar's control.

inkStar does not endorse, warrant, guarantee, or assume any responsibility for the availability, accuracy, reliability, security, privacy practices, terms of service, or performance of any Third-Party Service. Your use of any Third-Party Service is at your own risk and governed by that third party's terms and conditions.

We are not liable for any damage, loss, or harm arising from your use of or reliance on any Third-Party Service, including but not limited to: data loss or corruption caused by third-party integrations; service disruptions or outages of Third-Party Services; changes to Third-Party Service APIs or features that affect Platform functionality; security breaches or unauthorized access originating from Third-Party Services; or any fees, charges, or financial obligations imposed by Third-Party Services.

23. Mobile Application Terms

If you access the Platform through our mobile application (available on iOS and Android), the following additional terms apply:

• Your use of the mobile application is also subject to the terms and conditions of the applicable app store (Apple App Store or Google Play Store). In the event of a conflict between these Terms and the app store terms, the app store terms shall prevail to the extent of the conflict.
• The application may request access to certain device features and data, including but not limited to the camera (for capturing photos), push notification services, local storage, and calendar. You may manage these permissions through your device settings. Disabling certain permissions may limit the functionality of the application.
• By enabling push notifications, you consent to receive notifications from the Platform, including appointment reminders, system alerts, and other communications. You can disable push notifications at any time through your device settings.
• Certain features of the mobile application may be available in offline mode. Data created or modified while offline will be synchronized with our servers when an internet connection is re-established. inkStar is not responsible for any data conflicts, inconsistencies, or losses that may occur during the synchronization process.
• We may release updates to the mobile application from time to time. While we recommend that you install all updates to benefit from bug fixes, security patches, and new features, we do not guarantee backward compatibility with older versions.
• You acknowledge and agree that Apple Inc. (for iOS) and Google LLC (for Android) are third-party beneficiaries of these Terms solely with respect to the mobile application, and that each app store provider has the right to enforce these Terms against you as a third-party beneficiary thereof.

The mobile application is provided for use on compatible devices running supported operating systems. We do not guarantee compatibility with all devices, operating system versions, or hardware configurations.

24. Service Availability and Uptime

We strive to maintain high availability of the Platform and aim for maximum uptime. However, the Platform is provided over the internet and is subject to various factors beyond our control, including internet service provider performance, network congestion, hardware failures, and third-party service dependencies.

We may perform scheduled maintenance on the Platform from time to time, during which the Platform may be temporarily unavailable. We will make reasonable efforts to notify you in advance of scheduled maintenance windows through email or in-app notifications. Emergency maintenance may be performed without prior notice when necessary to address critical security vulnerabilities, data integrity issues, or other urgent circumstances.

inkStar does not guarantee uninterrupted, continuous, or error-free access to the Platform. We shall not be liable for any downtime, service interruptions, performance degradation, or data loss resulting from maintenance activities, technical issues, or circumstances beyond our reasonable control.

25. Modifications to the Service

We reserve the right to modify, update, enhance, or discontinue any aspect, feature, or functionality of the Platform at any time. For material changes that significantly reduce the functionality of your current Subscription plan, we will provide at least thirty (30) days' advance notice via email or in-app notification.

If a material modification adversely affects your use of the Platform and you do not agree with the change, your sole remedy is to cancel your Subscription before the change takes effect. Continued use of the Platform after a modification constitutes your acceptance of the modified Platform.

26. Electronic Communications

By creating an Account, you consent to receive electronic communications from inkStar, including: account-related notifications (registration confirmations, billing receipts, password resets); service announcements (maintenance schedules, feature updates, security alerts); transactional communications (appointment confirmations, reminders, and notifications sent on your behalf to your End Customers); and, where you have opted in, marketing communications about new features, promotions, and events.

You agree that all electronic communications we send to the email address associated with your Account satisfy any legal requirement that such communications be in writing. You are responsible for maintaining a valid, monitored email address in your Account settings.

You may opt out of marketing communications at any time by using the unsubscribe link in any marketing email or by updating your notification preferences in your Account settings. You cannot opt out of essential service and transactional communications while your Account is active.

27. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INKSTAR, ITS FOUNDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF INKSTAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Without limiting the foregoing, inkStar shall specifically not be liable for:

• Any actions, decisions, omissions, errors, or negligence by Users, End Customers, or any third parties in connection with the Platform.
• Any financial transactions, payment disputes, chargebacks, reversals, fraud, or monetary losses between Users and End Customers, between Users and third-party payment providers, or involving any financial activity conducted through or in connection with the Platform.
• The content, accuracy, enforceability, legal validity, interpretation, or consequences of any contracts, agreements, consent forms, waivers, or documents created, edited, signed, stored, or managed through the Platform.
• Any employment disputes, labor law violations, wage claims, wrongful termination claims, discrimination claims, workplace injuries, or any other workplace or employment-related issues arising from or in connection with the use of the Platform's employee management features.
• Any loss, corruption, unauthorized access, or breach of User Content or End Customer data, except where directly and proximately caused by our gross negligence or willful misconduct.
• Any lost revenue, lost customers, missed appointments, lost business opportunities, or business interruptions resulting from Platform downtime, errors, bugs, or service disruptions.
• Any disputes, claims, or legal proceedings between Users and their End Customers, employees, contractors, business partners, or any other third parties.
• Any failure by Users to comply with applicable laws, regulations, licensing requirements, or industry standards.
• Any acts, omissions, outages, data breaches, or service failures of Third-Party Services, including payment processors, calendar integrations, and communication tools.
• Any damages arising from scheduled or unscheduled maintenance, system updates, or temporary service unavailability.

IN NO EVENT SHALL INKSTAR'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE LESSER OF: (A) THE TOTAL AMOUNT YOU ACTUALLY PAID TO INKSTAR IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED EUROS (EUR 100).

The limitations set forth in this section shall apply to the fullest extent permitted by applicable law, but shall not exclude or limit liability for: (a) death or personal injury caused by gross negligence or willful misconduct; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by applicable law.

28. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, TITLE, QUIET ENJOYMENT, OR COURSE OF PERFORMANCE.

inkStar does not warrant that: (a) the Platform will be available at all times or that access will be uninterrupted or error-free; (b) the Platform will be free of viruses, malware, or other harmful components; (c) any defects or errors in the Platform will be corrected; (d) the Platform will meet your specific business requirements or expectations; (e) any data stored on the Platform will be accurate, complete, or preserved without loss; or (f) the Platform will be compatible with all devices, operating systems, browsers, or network configurations.

No advice, information, or statement, whether oral or written, obtained from inkStar, its employees, or through the Platform shall create any warranty not expressly made herein. You acknowledge that you use the Platform at your own risk and that you are solely responsible for evaluating the suitability of the Platform for your business needs.

29. Indemnification

You agree to indemnify, defend, and hold harmless inkStar, its founders, directors, officers, employees, agents, licensors, and affiliates from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees, court costs, and settlement amounts) arising from or related to:

• Your access to or use of the Platform, including any actions taken by persons accessing the Platform through your Account.
• Your breach or alleged breach of these Terms, including any representations and warranties made herein.
• Your violation of any applicable law, regulation, ordinance, licensing requirement, or industry standard.
• Any dispute, claim, or legal proceeding between you and your End Customers, including service quality complaints, pricing disputes, and cancellation disagreements.
• Any contracts, agreements, consent forms, waivers, or documents created, signed, or managed through the Platform, including claims relating to enforceability, interpretation, or breach.
• Any payment transactions processed through third-party integrations, including chargebacks, fraud, unauthorized transactions, and payment processing errors.
• Your User Content, including any claims of intellectual property infringement, defamation, privacy violation, or other rights violations.
• Any employment-related claims, including but not limited to wage disputes, wrongful termination, discrimination, harassment, and workplace safety violations involving your employees or contractors.
• Any claims relating to your collection, processing, storage, or use of personal data through the Platform, including data protection violations and data breaches attributable to your actions or omissions.

30. Term and Termination

30.1 Term

These Terms are effective from the date you first access or use the Platform and continue until terminated by either party in accordance with this section.

30.2 Termination by You

You may terminate your Account and these Terms at any time by: (a) canceling your Subscription through your Account settings; or (b) contacting us at hello@inkstar.com to request Account deletion. Termination will take effect at the end of your current Billing Cycle. You remain responsible for all fees incurred through the date of termination. No refunds will be issued for any unused portion of a prepaid Billing Cycle, except as provided in Section 8.6.

30.3 Termination or Suspension by inkStar

We may suspend or terminate your Account and access to the Platform at any time if: (a) you breach any provision of these Terms; (b) you fail to pay any fees when due; (c) we are required to do so by law, regulation, or legal process; (d) your use of the Platform poses a security risk or may cause harm to other Users or the Platform; (e) your Account has been inactive for an extended period; or (f) we decide to discontinue the Platform or any material portion thereof (with at least ninety (90) days' notice). For breaches that are curable, we will provide reasonable notice and an opportunity to cure before termination, except where immediate suspension is necessary to protect the Platform or other Users.

30.4 Effect of Termination

Upon termination of your Account: (a) your right to access and use the Platform ceases immediately; (b) you must cease all use of the Platform and delete any copies of Platform materials in your possession; (c) we will provide you with the data export period described in Section 18; (d) all outstanding fees become immediately due and payable; and (e) any licenses granted to you under these Terms are automatically revoked.

The following sections shall survive termination of these Terms and continue in full force and effect: Definitions (Section 2), Nature of the Platform (Section 4), User Content (Section 19), Intellectual Property (Section 20), Limitation of Liability (Section 27), Disclaimer of Warranties (Section 28), Indemnification (Section 29), Dispute Resolution (Section 31), Governing Law (Section 32), and General Provisions (Section 37).

31. Dispute Resolution

In the event of any dispute, claim, or controversy arising from or relating to these Terms or your use of the Platform ("Dispute"), the parties shall first attempt to resolve the Dispute through good-faith informal negotiations. You agree to contact us at hello@inkstar.com with a detailed description of the Dispute, and we will attempt to resolve the matter within thirty (30) days of receipt.

If the Dispute cannot be resolved through informal negotiations within thirty (30) days, either party may submit the Dispute to mediation administered by a mutually agreed-upon mediator or mediation institution. If the parties cannot agree on a mediator within fourteen (14) days, either party may initiate legal proceedings.

Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the outcome of dispute resolution proceedings.

32. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded. Any legal action or proceeding arising from or relating to these Terms that is not resolved through the dispute resolution process in Section 31 shall be brought exclusively in the competent courts located in Neu-Ulm, Germany, and you irrevocably consent to the personal and exclusive jurisdiction of such courts. If you are a consumer within the meaning of EU law, this choice of jurisdiction does not deprive you of any mandatory consumer protections or jurisdiction rights available under the laws of your country of residence.

33. Limitation on Time to File Claims

To the maximum extent permitted by applicable law, any claim or cause of action arising from or related to these Terms or your use of the Platform must be filed within one (1) year after the claim or cause of action arose. Failure to file within this period shall result in the permanent barring of such claim. This limitation does not apply where prohibited by applicable law or where the applicable statute of limitations cannot be shortened by agreement.

34. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms (other than payment obligations) to the extent that such failure or delay is caused by circumstances beyond the affected party's reasonable control, including but not limited to: natural disasters (earthquakes, floods, hurricanes, fires); epidemics, pandemics, or public health emergencies; war, terrorism, civil unrest, or armed conflict; government actions, sanctions, embargoes, or regulatory changes; power outages, internet disruptions, or telecommunications failures; cyberattacks, distributed denial-of-service attacks, or other malicious activities targeting internet infrastructure; labor disputes, strikes, or work stoppages (other than those involving the affected party's own employees); or failures of third-party service providers, hosting providers, or cloud infrastructure providers.

If a force majeure event continues for more than thirty (30) consecutive days, either party may terminate the affected services upon written notice to the other party, without liability for such termination. In such case, inkStar will provide a prorated refund of any prepaid fees for the period of service unavailability.

35. Export Compliance

You agree to comply with all applicable export control laws, trade sanctions, and import regulations, including those of the European Union, the Federal Republic of Germany, and the United States. You shall not access or use the Platform from any country or territory that is subject to comprehensive sanctions, or by any person or entity that is designated on any applicable sanctions or restricted party list. You represent and warrant that you are not located in, organized under the laws of, or a resident of any such sanctioned country or territory.

36. Modifications to These Terms

We reserve the right to modify, amend, or update these Terms at any time at our sole discretion. For material changes — including changes to pricing, liability limitations, or dispute resolution provisions — we will provide you with at least thirty (30) days' advance notice via email to the address associated with your Account and/or through a prominent notice on the Platform. We will also update the "Last updated" date at the top of these Terms.

Your continued use of the Platform after the effective date of any modifications constitutes your acceptance of the modified Terms. If you do not agree with any modification, you must stop using the Platform and terminate your Account before the modifications take effect. For material changes, we may require you to affirmatively accept the updated Terms before continuing to use the Platform.

37. General Provisions

37.1 Entire Agreement

These Terms, together with our Privacy Policy, Data Processing Agreement (where applicable), and any other policies or agreements expressly referenced herein, constitute the entire agreement between you and inkStar regarding your use of the Platform. These Terms supersede all prior or contemporaneous oral or written agreements, representations, warranties, and understandings relating to the subject matter hereof.

37.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent. If modification is not possible, the provision shall be severed from these Terms. The invalidity of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

37.3 Waiver

The failure of inkStar to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of inkStar to be effective. A waiver of any breach or default shall not constitute a waiver of any subsequent breach or default.

37.4 Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms to any third party without inkStar's prior written consent. inkStar may assign, transfer, or delegate its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, reorganization, sale of all or substantially all of its assets, or similar transaction. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

37.5 No Third-Party Beneficiaries

These Terms are intended solely for the benefit of inkStar and you. Nothing in these Terms shall be construed to confer any rights or benefits on any third party, except as expressly provided in Section 23 (Mobile Application Terms) regarding app store providers.

37.6 Headings

The section headings used in these Terms are for convenience of reference only and shall not affect the interpretation or construction of any provision.

37.7 Survival

All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.

38. Contact Information

If you have any questions, concerns, or complaints about these Terms of Service or the Platform, please contact us at: