These Terms of Service ("Terms") govern access to and use of the Ink'd platform, products, websites, applications, and services (collectively, the "Services") operated by Ink'd LLC, a Delaware limited liability company ("Ink'd," "we," "us," or "our").
By accessing or using the Services, clicking "I agree," executing an Order Form, or otherwise indicating acceptance, you agree to be bound by these Terms. If you do not agree, you may not access or use the Services. If you are accepting these Terms on behalf of an entity, you represent and warrant that you have authority to bind that entity, and "you" refers to that entity.
Please read Section 18 carefully. It requires that disputes be resolved by binding individual arbitration and includes a class action waiver, and it explains how to opt out.
1. Definitions
"Acceptable Use Policy" or "AUP" means Ink'd's Acceptable Use Policy, available at https://www.inkd.ai/legal/aup, as updated from time to time. · "Authorized Users" means individuals permitted by you to access the Services under your account. · "Business Account" means an account owned or administered by a brokerage, team, or other entity that provides access to multiple Authorized Users. · "Individual Account" means an account that is not a Business Account. · "Input" means content, prompts, data, files, voice input, or other materials you upload or submit to the Services. · "Output" means documents, contracts, or other content generated by the Services based on your Input. · "Workspace Content" means Input, Output, and other data associated with your account or workspace. · "Order Form" means any ordering document or online signup specifying subscription plans, fees, and terms.
2. The Services
Ink'd provides an AI-powered software platform designed to assist users in generating, drafting, organizing, and managing real estate–related documents, contracts, and workflows using artificial intelligence and related technologies. The Services may include AI-assisted drafting and editing of real estate contracts and related documents; template-based, prompt-based, or voice-based document generation; workflow, collaboration, and document management features; and integrations with third-party services, in each case as made available from time to time. Ink'd may modify, update, suspend, or discontinue any portion of the Services at any time in its discretion.
3. Eligibility, User Types, and Business Use
The Services are intended for use by licensed real estate professionals (including individual agents and brokers), brokerages and other real estate businesses, and teams of agents operating under a shared account or workspace. You must be at least 18 years old and capable of forming a binding contract to use the Services. You represent that you are using the Services for business and professional purposes, and not for personal, family, or household purposes.
4. Business Accounts, Teams, and Authority
4.1 Account Types
Ink'd supports Individual Accounts, Team Accounts, and Brokerage or other Business Accounts.
4.2 Account Administrator
Each Team or Business Account must designate at least one Account Administrator, who has authority to add, suspend, or remove Authorized Users; assign roles and permissions; manage billing and subscriptions; and access and manage Workspace Content, in each case to the extent those capabilities are made available in the Services. Ink'd may rely conclusively on instructions from an Account Administrator.
4.3 Authorized Users
You are responsible for ensuring Authorized Users comply with these Terms and for all activity occurring under your account credentials. You are responsible for maintaining the confidentiality of credentials associated with your account.
4.4 Authority Representation
You represent and warrant that you have all necessary authority, licenses, permissions, and approvals to use the Services, upload or generate documents, and bind the applicable entity or clients where applicable.
5. Subscriptions, Fees, and Payment
5.1 Subscription Plans
Use of the Services may require a paid subscription pursuant to Ink'd's pricing plans published on our website or an executed Order Form.
5.2 Billing and Automatic Renewal
Subscriptions are billed in advance on a recurring basis (monthly or annually) and automatically renew for successive periods equal to the then-current billing period unless cancelled before the end of the current billing period. Before you purchase, we will disclose the subscription price, the billing frequency, the fact that the subscription renews automatically, and how to cancel. If the price of your subscription will increase at renewal, we will notify you before the increase takes effect. Where required by applicable law, we will send you a reminder before your subscription renews.
5.3 Cancellation
You may cancel at any time through your account settings or as specified in an Order Form, using a cancellation method at least as simple as the method you used to subscribe. Cancellation is effective at the end of the current billing period. No refunds or credits are provided for partial periods unless required by law.
5.4 Fees, Taxes, and Payment Authorization
Fees are exclusive of taxes, and you are responsible for all applicable taxes excluding taxes on Ink'd's income. You authorize Ink'd and its payment processors to store and charge your payment method for all applicable fees, including recurring charges, upgrades, and usage-based fees. All fees are non-refundable except where required by mandatory law or expressly stated in writing by Ink'd. Ink'd may suspend access for accounts with overdue fees after reasonable notice and may charge interest on overdue amounts to the extent permitted by law.
6. Free Trials
Ink'd may offer free or promotional trial access. Unless otherwise stated at signup, trials automatically convert to paid subscriptions at the price disclosed at trial signup; you must cancel before trial expiration to avoid charges; and trial features or data may be limited or deleted. Before a trial converts to a paid subscription, we will disclose the conversion date and the price you will be charged, and where required by applicable law we will send a reminder before the trial ends.
7. No Legal Advice; Required Human Review
7.1 Not a Law Firm
Ink'd is not a law firm, is not an attorney, is not engaged in the practice of law, and does not provide legal advice. No attorney-client relationship is created with anyone through the Services.
7.2 AI Limitations
The Services use artificial intelligence that may generate inaccurate, incomplete, outdated, or jurisdictionally incorrect content and may omit required disclosures or addenda.
7.3 User Responsibility
You are solely responsible for reviewing, approving, and using all Output and for obtaining attorney or broker review where appropriate. Ink'd disclaims all liability arising from reliance on Output without independent review.
7.4 Broker Supervision and AI Disclosure
The Ink'd Broker Supervision & AI Disclosure, presented at account creation and available within the Services, is incorporated into and forms part of these Terms. By using the Services you acknowledge and agree to that disclosure.
8. Regulatory and Licensing Compliance
You acknowledge that real estate transactions are subject to complex and varying laws and regulations. You remain solely responsible for compliance with all applicable legal, licensing, brokerage supervision, fair housing, and ethical obligations. Ink'd does not assume any supervisory, licensing, or regulatory duties of any broker, principal broker, branch manager, or comparable role in any state.
9. Third-Party Forms and Templates
Certain templates or forms may be provided by third parties and subject to licensing restrictions. You represent that you have the legal right to use such forms. Ink'd does not promise that any specific association-, board-, or MLS-promulgated form is licensed to or available on the Services, and commits only to features and content as made available from time to time. Ink'd disclaims all liability arising from third-party forms and may restrict access where required.
10. Acceptable Use
Your use of the Services is subject to the Acceptable Use Policy, which is incorporated into these Terms by reference. Without limiting the AUP, you agree not to provide or hold yourself out as providing legal advice through the Services; generate discriminatory, unlawful, or unethical content; upload malicious code or interfere with system security; circumvent usage limits or safety features; reverse engineer or extract underlying models; or use Output to violate fair housing or anti-discrimination laws. You agree that no third party may rely on any Output, and Ink'd owes no duty to any third party arising from your use of the Services. Ink'd may suspend or terminate access for violations. If the AUP and this Section conflict, the AUP controls.
11. Intellectual Property and Data Usage
11.1 Ink'd IP
Ink'd and its affiliates retain all rights in the Services, software, models, templates, and technology.
11.2 User Content
You retain ownership of Input. You grant Ink'd a limited, worldwide, non-exclusive, royalty-free license to process Input to provide, maintain, secure, and support the Services — excluding use to train, fine-tune, evaluate, or improve artificial-intelligence models except as provided in Section 11.4.
11.3 Output
Ink'd grants you a limited, non-exclusive license to use, reproduce, and share Output for lawful business purposes, including sharing with clients, counterparties, and transaction participants, provided you comply with these Terms and applicable law.
11.4 AI Model Training
Ink'd does not use Workspace Content — including prompts, uploaded documents, voice input, transaction information, and Output — to train, fine-tune, evaluate, or improve any artificial-intelligence model or similar system unless you provide separate, affirmative consent or the applicable enterprise agreement expressly authorizes the particular use. Ink'd may use non-content service telemetry and genuinely de-identified or aggregated usage information to operate, secure, evaluate, and improve the Services. Data received through third-party integrations is excluded from AI processing where the applicable platform's terms prohibit it.
12. Privacy
Our Privacy Policy, available at https://www.inkd.ai/legal/privacy, describes how we collect, use, and share personal information in connection with the Services. Do not upload sensitive personal information unless it is necessary for the document you are preparing and you have the right to use it.
13. Third-Party Services and Integrations
The Services may make integrations with third-party services available from time to time. Third-party services are governed by their own terms and privacy policies, and Ink'd is not responsible for third-party products, outages, or data practices. Where you direct Ink'd to send documents to a connected platform, you represent that you are authorized to do so. You may revoke an integration through the controls made available by Ink'd or the applicable third party.
14. Electronic Communications and Notices
You consent to receive notices from Ink'd electronically, at the email address associated with your account or within the Services. Notices to you are deemed received when sent. Legal notices to Ink'd must be sent to legal@inkd.ai and are deemed received upon confirmed delivery.
15. Termination
15.1 Suspension and Termination
Ink'd may suspend or terminate access immediately for violations of these Terms or the AUP, or where reasonably necessary to address legal, security, or operational risk. You may terminate by cancelling under Section 5.3.
15.2 Effect of Termination; Data Export
Upon termination, access to the Services ends and Workspace Content may be deleted in accordance with the retention periods described in the Privacy Policy. Upon written request and subject to applicable law and payment of any applicable fees, Ink'd will make commercially reasonable efforts to allow you to export Workspace Content in standard formats during an active subscription or within a reasonable period following termination. Ink'd does not guarantee retention beyond its standard retention periods.
16. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." INK'D DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED ACCESS.
17. Limitation of Liability; Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) INK'D SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL; AND (B) INK'D'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO INK'D IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
You agree to indemnify and hold harmless Ink'd from claims arising out of your use of the Services, your Output, or violations of law or third-party rights.
18. Dispute Resolution; Arbitration; Class Action Waiver
18.1 Informal Resolution First
Before filing an arbitration, you and Ink'd agree to try to resolve any dispute informally by sending written notice to the other party (to Ink'd at legal@inkd.ai) describing the dispute and the requested relief, and negotiating in good faith for 30 days.
18.2 Binding Arbitration
Except as provided in Sections 18.3 and 18.4, all disputes arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA"). For Individual Accounts, the AAA Consumer Arbitration Rules apply; for Business Accounts, the AAA Commercial Arbitration Rules apply; in each case as modified by these Terms and including, where applicable, the AAA Mass Arbitration Supplementary Rules.
18.3 Small Claims
Either party may bring an individual claim in small claims court in a court of competent jurisdiction instead of arbitration, so long as the claim remains in that court and remains individual.
18.4 Equitable Relief
Either party may seek injunctive or other equitable relief in a court described in Section 18.6 to protect intellectual property or confidential information, without first arbitrating.
18.5 Seat and Governing Law
The seat of arbitration shall be Fairfax County, Virginia, and hearings may be conducted by videoconference unless the parties agree otherwise. These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles; the Federal Arbitration Act governs the interpretation and enforcement of this Section 18.
18.6 Ancillary Court Proceedings
Any court proceedings ancillary to arbitration, including enforcement of awards, applications for equitable relief, and challenges to arbitrability, shall be brought exclusively in the state courts located in Fairfax County, Virginia, or the United States District Court for the Eastern District of Virginia, Alexandria Division, and the parties consent to venue and personal jurisdiction there.
18.7 Fees
Ink'd will pay arbitration filing and administration fees where required by law or the applicable AAA rules; otherwise, fees are allocated per the applicable AAA rules.
18.8 Mass and Coordinated Filings
If 25 or more similar demands for arbitration are filed against either party by or with the assistance of the same or coordinated counsel or organizations, the AAA Mass Arbitration Supplementary Rules shall govern administration of those demands. The parties may agree to staged or bellwether proceedings to promote efficient resolution, and outcomes of early proceedings may inform settlement discussions but are not binding on other claimants.
18.9 Class Action Waiver
YOU AND INK'D EACH WAIVE THE RIGHT TO PARTICIPATE IN CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTIONS, AND ARBITRATION SHALL PROCEED ON AN INDIVIDUAL BASIS ONLY. IF THIS WAIVER IS HELD UNENFORCEABLE AS TO A PARTICULAR CLAIM, THE ENTIRETY OF THIS SECTION 18 (OTHER THAN THIS SENTENCE AND SECTIONS 18.3, 18.5, AND 18.6) SHALL BE VOID AS TO THAT CLAIM, WHICH SHALL PROCEED IN THE COURTS DESCRIBED IN SECTION 18.6.
18.10 Opt-Out
You may opt out of this arbitration agreement by sending written notice to legal@inkd.ai within 30 days after first accepting these Terms, stating your name, account email, and intent to opt out. If you timely opt out, disputes shall be resolved exclusively in the courts described in Section 18.6, and the class action waiver in Section 18.9 still applies. Changes to this Section 18 do not apply to claims that accrued before the change.
19. Copyright / DMCA
Notices of claimed copyright infringement should be sent to Ink'd's designated agent: Ink'd LLC, Attn: DMCA Agent, 44679 Endicott Drive, Suite 300, Ashburn, Virginia 20147; email: legal@inkd.ai. Notices must comply with 17 U.S.C. § 512(c)(3).
20. Modifications to These Terms
Ink'd may update these Terms from time to time. If we make material changes, we will provide at least 30 days' advance notice by email or prominent notice within the Services before the changes take effect, unless immediate effectiveness is reasonably necessary to comply with law or address an urgent security or operational risk. Changes apply prospectively; changes to Section 18 do not apply to claims that accrued before the change. If you do not agree to a change, your remedy is to cancel under Section 5.3 before the change takes effect. Continued use after the effective date of a revised version constitutes acceptance.
21. Miscellaneous
These Terms, together with the documents they incorporate by reference (including the AUP and the Broker Supervision & AI Disclosure) and any executed Order Form or applicable addendum, constitute the entire agreement and supersede prior agreements regarding the Services. If you have a Business Account subject to an executed Order Form or the Enterprise & Brokerage Addendum, the order of precedence is: the Order Form; the Enterprise & Brokerage Addendum; these Terms. If any provision of these Terms is held invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force, except as provided in Section 18.9. Ink'd's failure to enforce a provision is not a waiver of it. You may not assign these Terms without Ink'd's prior written consent; Ink'd may assign these Terms in connection with a merger, acquisition, or sale of assets. Neither party is liable for force majeure events. You will comply with applicable export and sanctions laws. Sections that by their nature should survive termination (including Sections 7, 10, 11, 14, and 16 through 21) survive termination.
22. Contact
Ink'd LLC, 44679 Endicott Drive, Suite 300, Ashburn, Virginia 20147 · legal@inkd.ai