Terms of Service

Effective Date: November 1, 2024

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you (either as an individual or on behalf of an entity) and Inkhorn Tech - FZCO ("Inkhorn," "we," "us," or "our") concerning your access to and use of the inkhorn.tech website, our software applications, AI-powered tools, and related services (collectively, the "Services").

By accessing our website, installing our applications, or using any of our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.

2. Services Description

Inkhorn provides custom software development services, AI-powered applications, and related technology solutions. Our Services may include:

  • Web-based and mobile applications that may be installed on user devices
  • AI and machine learning tools, including LLM-powered applications
  • Custom software solutions and integrations
  • Technical consulting and development services
  • API access and developer tools

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice.

3. User Accounts and Registration

To access certain features of our Services, you may be required to create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Maintain the security of your account credentials
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized access or security breach

We reserve the right to suspend or terminate accounts that violate these Terms or are inactive for extended periods.

4. Acceptable Use Policy

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

  • Violate any applicable laws, regulations, or third-party rights
  • Use the Services to transmit malware, viruses, or malicious code
  • Attempt to gain unauthorized access to our systems or networks
  • Reverse engineer, decompile, or disassemble our software (except where permitted by law)
  • Use automated systems (bots, scrapers) to access the Services without authorization
  • Interfere with or disrupt the integrity or performance of the Services
  • Remove, modify, or obscure any proprietary notices or labels
  • Use the Services to develop competing products or services
  • Misrepresent your identity or affiliation with any person or entity
  • Engage in any activity that could harm Inkhorn's reputation or business interests

5. Intellectual Property Rights

5.1 Inkhorn's Rights

The Services, including all software, applications, content, features, and functionality, are owned by Inkhorn and protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. Our trade names, trademarks, and service marks are proprietary to Inkhorn.

5.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes. This license does not include any rights to:

  • Modify, copy, or create derivative works of our software
  • Distribute, sell, lease, or sublicense the Services
  • Access the Services to build similar or competitive products

5.3 User Content

You retain ownership of any data, content, or materials you submit through the Services ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, process, and store such content solely to provide and improve the Services.

6. Application Installation and Device Permissions

When you install our applications on your devices, you grant us permission to:

  • Install and run the application on your device
  • Access device features necessary for functionality (as disclosed in the application)
  • Collect usage data and performance metrics as described in our Privacy Policy
  • Automatically update the application to provide improvements and security patches

You may uninstall our applications at any time through your device's standard uninstallation procedures.

7. Fees and Payment

Certain Services may require payment of fees. By purchasing or subscribing to paid Services, you agree to:

  • Pay all applicable fees as described at the time of purchase
  • Provide accurate billing and payment information
  • Authorize us to charge your payment method for all fees incurred
  • Pay all applicable taxes

Fees are non-refundable except as required by law or as expressly stated in a separate agreement. We reserve the right to modify pricing with advance notice.

8. AI and Machine Learning Disclaimer

Our AI-powered Services utilize machine learning models and algorithms. You acknowledge that:

  • AI-generated outputs may contain errors, inaccuracies, or unexpected results
  • You are responsible for reviewing and validating all AI-generated content before use
  • We do not guarantee the accuracy, completeness, or suitability of AI outputs for any particular purpose
  • AI models are trained on diverse datasets and may not be suitable for all use cases
  • You should not rely solely on AI outputs for critical decisions without human oversight

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability, fitness for a particular purpose, or non-infringement
  • Warranties that the Services will be uninterrupted, error-free, or secure
  • Warranties regarding the accuracy, reliability, or quality of any content or information

We do not warrant that the Services will meet your requirements or that defects will be corrected. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, INKHORN SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, data, use, goodwill, or other intangible losses
  • Damages resulting from unauthorized access to or use of our servers or data
  • Damages resulting from interruption or cessation of the Services
  • Damages resulting from errors, mistakes, or inaccuracies in content
  • Damages resulting from third-party conduct or content

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED US DOLLARS ($100), WHICHEVER IS GREATER.

11. Indemnification

You agree to indemnify, defend, and hold harmless Inkhorn, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

  • Your use or misuse of the Services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your User Content or any content you submit through the Services
  • Your violation of any applicable laws or regulations

12. Data Privacy and Security

Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to our data practices as described in the Privacy Policy.

While we implement reasonable security measures, you acknowledge that no system is completely secure and that we cannot guarantee the absolute security of your data.

13. Third-Party Services and Links

The Services may contain links to third-party websites, applications, or services that are not owned or controlled by Inkhorn. We are not responsible for the content, privacy policies, or practices of any third-party services. You acknowledge and agree that we shall not be liable for any damage or loss caused by your use of third-party services.

14. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including:

  • Breach of these Terms
  • Violation of applicable laws
  • Fraudulent, abusive, or harmful conduct
  • Extended periods of inactivity

You may terminate your account at any time by contacting us. Upon termination, your right to use the Services will cease immediately, though certain provisions of these Terms will survive termination.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates, without regard to conflict of law provisions. Any disputes arising from or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of Dubai, UAE.

You agree to submit to the personal and exclusive jurisdiction of the Dubai courts and waive any objection to the venue or inconvenience of such courts.

16. Export Compliance

The Services may be subject to export control laws and regulations. You agree to comply with all applicable export and import laws and regulations and will not export, re-export, or transfer the Services to prohibited countries, entities, or persons.

17. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

  • Posting the updated Terms on our website with a revised effective date
  • Sending notice to your registered email address (for material changes)
  • Displaying a prominent notice within the Services

Your continued use of the Services after such modifications constitutes acceptance of the updated Terms. If you do not agree to the modifications, you must discontinue use of the Services.

18. Severability and Waiver

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

19. Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements you enter into with Inkhorn, constitute the entire agreement between you and Inkhorn regarding the Services and supersede all prior agreements and understandings.

20. Contact Information

If you have any questions about these Terms of Service, please contact us at:

Inkhorn Tech - FZCO
Building A1, Dubai Digital Park
Dubai Silicon Oasis
Dubai, United Arab Emirates
Email: [email protected]