Terms of Service
Last updated July 15, 2026
AGREEMENT TO OUR LEGAL TERMS
These Legal Terms govern your use of InkDraft, a service operated by Hiestand Digital ("Company," "we," "us," "our").
We operate the website https://www.inkdraft.io (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
InkDraft is an AI-assisted platform for drafting business proposals, professional services agreements, NDAs, and partnership agreements from sales call transcripts, with built-in collaboration and electronic signatures.
You can contact us by email at info@inkdraft.io.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and the Company, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you are using. Changes to these Legal Terms will become effective thirty (30) days after the notice is given, except if the changes apply to new functionality, security updates, bug fixes, and a court order, in which case the changes will be effective immediately. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms. If you disagree with such changes, you may terminate Services as per the section "TERM AND TERMINATION."
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
- OUR SERVICES
- INTELLECTUAL PROPERTY RIGHTS
- USER REPRESENTATIONS
- USER REGISTRATION
- PURCHASES AND PAYMENT
- SUBSCRIPTIONS 6A. PAYMENT COLLECTION VIA CONNECTED ACCOUNTS
- PROHIBITED ACTIVITIES
- CUSTOMER CONTENT RESPONSIBILITIES
- CUSTOMER CONTENT LICENSE
- THIRD-PARTY WEBSITES AND CONTENT
- SERVICES MANAGEMENT
- PRIVACY POLICY
- COPYRIGHT INFRINGEMENTS
- TERM AND TERMINATION
- MODIFICATIONS AND INTERRUPTIONS
- GOVERNING LAW
- DISPUTE RESOLUTION
- CORRECTIONS
- DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- USER DATA
- ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
- CALIFORNIA USERS AND RESIDENTS
- MISCELLANEOUS
- AI-GENERATED CONTENT AND NO LEGAL ADVICE
- CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your business purposes in connection with the Services.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to access and use the Services, including to create, edit, share, and electronically sign documents, to collect payments from your clients where you enable that feature, and to download or print Content to which you have properly gained access, in each case for your business purposes in connection with the Services.
Except as expressly permitted by the Services (including sharing documents with, and collecting signatures and payments from, your clients), and except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: info@inkdraft.io. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Customer content and feedback
Customer Content: "Customer Content" means transcripts, prompts, uploaded files, proposals, contracts, comments, signatures, signer details, generated documents, client information, and other materials that you or your authorized users submit to, generate in, store in, or transmit through the Services. You retain ownership of Customer Content.
You grant us a limited, non-exclusive, worldwide, royalty-free license to host, process, copy, transmit, display, format, and otherwise use Customer Content only as necessary to provide, secure, maintain, support, and improve the Services for you, to comply with law, to enforce these Legal Terms, and to prevent fraud, abuse, or security incidents. We may make Customer Content available to our sub-processors only as described in the Privacy Policy and Data Processing Addendum.
We do not sell Customer Content. We do not use Customer Content for advertising. We do not use Customer Content to train or improve our own or any third party's AI models.
Feedback: If you send us comments, suggestions, ideas, or other feedback about the Services, you grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license to use that feedback to improve and promote the Services without restriction or compensation to you. Feedback does not include Customer Content.
Your responsibility: You are responsible for Customer Content and feedback you submit through the Services. You represent and warrant that you have all rights, consents, and permissions necessary to submit and process Customer Content through the Services, including any required consent for recordings, transcripts, signatures, personal data, client information, and third-party confidential information. You must not submit Customer Content or feedback that is illegal, harmful, defamatory, infringing, misleading, or otherwise violates these Legal Terms.
Moderation and access restrictions: We may remove, restrict, or disable access to Customer Content or feedback if we reasonably believe it violates these Legal Terms, infringes third-party rights, creates security or legal risk, or is otherwise required by law. We may also suspend or disable the related account where appropriate.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the "COPYRIGHT INFRINGEMENTS" section below.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; (7) your use of the Services will not violate any applicable law or regulation; and (8) you have all rights, consents, and permissions necessary for any content you upload, including the right to record and to process any call transcripts and the consent of all parties to such recording where required by applicable law.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your login credentials confidential and will be responsible for all use of your account. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. PURCHASES AND PAYMENT
We accept the card networks and payment methods presented at checkout, which are processed by our payment provider, Stripe. You agree to provide current, complete, and accurate purchase and account information and to keep it up to date so we can complete your transactions and contact you as needed. All subscription fees are stated and charged in Swiss francs (CHF). Any applicable VAT or sales tax is calculated and shown at checkout before payment. We may correct any errors or mistakes in pricing even after a request or payment, and we may refuse or limit any order at our reasonable discretion. We may change prices as described in the "SUBSCRIPTIONS" section.
Self-serve consumer purchases are not currently offered to consumers habitually resident in the United Kingdom. If you are a UK consumer, do not use self-serve checkout; contact us at info@inkdraft.io before purchasing. We may enable UK consumer purchases only after completing the applicable UK tax and consumer-law launch posture.
6. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribed to the Services.
Cancellation
You can cancel your subscription at any time from your account settings or through our public cancellation page at /cancel. Your cancellation takes effect at the end of the current paid term, and you keep access until then.
Refunds. Except where mandatory law requires otherwise, fees already paid are non-refundable.
Right of withdrawal (EU/EEA consumers). If you are a consumer habitually resident in the EU/EEA, you have the right to withdraw from a purchase within 14 days of entering into it, without giving any reason. Because the Services are supplied digitally and made available to you immediately, you expressly request that InkDraft make the Services available immediately, including during any 14-day withdrawal period. Cancelling during a free trial before it ends means no subscription charge. If you withdraw after a paid period has begun, you may have to pay a proportionate amount for the paid Services already provided, and you may lose your right of withdrawal once the Services have been fully performed. To exercise this right, use our public cancellation and withdrawal page at /cancel, use the in-app option under Settings -> Billing, or send the model withdrawal form below (or any other clear statement) to the contact details in the "CONTACT US" section. UK consumer purchases are excluded from self-serve checkout until the UK launch posture is completed.
You do not need to use the model form below. You can also withdraw or cancel online at /cancel.
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
To:
Hiestand Digital (InkDraft)
c/o F2BII E-Commerce #993
Hintergoldingerstrasse 30
8638 Goldingen
Switzerland
info@inkdraft.ioI/We () hereby give notice that I/We () withdraw from my/our (*) contract for the supply of the following service: InkDraft subscription (plan: __________).
Ordered on () / received on (): __________ Name of consumer(s): __________ Address of consumer(s): __________ Signature of consumer(s) (only if this form is notified on paper): __________ Date: __________
(*) Delete as appropriate.
If you have any questions or are unsatisfied with our Services, please email us at info@inkdraft.io.
Fee Changes
We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.
6A. PAYMENT COLLECTION VIA CONNECTED ACCOUNTS
InkDraft lets your organization collect payments from its own clients through a Stripe account that your organization connects to the Services ("Payment Collection"). InkDraft provides software that initiates these payments on your organization's connected Stripe account and collects a platform fee. Your client's payment is paid into your organization's connected Stripe account, not to InkDraft. InkDraft does not hold your clients' funds in escrow, does not take deposits, and does not provide banking services, and receives only the platform fees payable to it. By enabling Payment Collection, your organization agrees to the following additional terms.
Merchant of record. Your organization is the merchant of record for every payment it collects through the Services. Payments are created directly on your organization's connected Stripe account and the funds are paid into that account. You are solely responsible for the goods and services you sell, for honoring your agreements with your clients, and for all refunds, chargebacks, disputes, and associated fees (including card network fines and dispute or administrative fees) arising from payments you collect.
Taxes on payments you collect. Your organization is solely responsible for determining, collecting, reporting, and remitting any taxes (including VAT, GST, or sales tax) due on the payments it collects from its clients through the Services. We do not calculate, collect, or remit taxes on your behalf for those payments.
Refunds and chargebacks. Refunds and chargebacks on payments you collect are debited from your organization's connected Stripe account. You are responsible for keeping a sufficient balance to cover them and for responding to disputes through your Stripe account. Under the account configuration InkDraft uses, and subject to the Stripe Connected Account Agreement, Stripe (rather than InkDraft) is responsible for any negative balance on your connected account that cannot be collected from you. InkDraft does not reverse transfers, hold reserves against your balance, impose payout holding periods, or recover funds from your account, because payments do not pass through InkDraft's balance.
Stripe processing fees. Stripe's payment processing fees on the payments you collect are borne by your organization's connected Stripe account. InkDraft's platform fee is in addition to Stripe's fees.
Restricted businesses. You may not use Payment Collection in connection with any business or activity listed in Stripe's Prohibited and Restricted Businesses list (https://stripe.com/restricted-businesses), as updated from time to time.
Suspension. We may suspend or terminate your organization's ability to collect new payments through the Services at any time, with notice or, where permitted by law, without notice, if we reasonably believe there is a risk of fraud, loss, sanctions or compliance risk, excessive disputes, a violation of these Legal Terms or of Stripe's requirements, or use in connection with a restricted business. Suspension prevents new payments from being initiated through the Services; it does not affect funds already settled in your connected Stripe account.
Stripe terms. Payment Collection is provided through Stripe. Your organization must accept and remain bound by the Stripe Connected Account Agreement (including the Stripe Services Agreement) in addition to these Legal Terms, and you authorize InkDraft to create payments and collect platform fees on your connected Stripe account as described here.
7. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. You may not use the Services for any unlawful purpose or in any manner not permitted by these Legal Terms.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as login credentials.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Use Payment Collection in connection with any business or activity listed in Stripe's Prohibited and Restricted Businesses list.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Services.
- Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Services or our Content as part of any effort to compete with us, or to replicate, resell, or redistribute the Services themselves.
- Use the Services to send unsolicited advertising, spam, or bulk messages to third parties.
- Sell or otherwise transfer your profile.
- Share setup links, access credentials, or OTP codes with unauthorized third parties.
- Upload fabricated or fraudulent transcript content for the purpose of generating misleading documents.
8. CUSTOMER CONTENT RESPONSIBILITIES
You are responsible for Customer Content and for deciding what you upload, generate, send, sign, share, or store through the Services. You represent and warrant that:
- you have the necessary rights, consents, permissions, and legal basis to submit and process Customer Content through the Services;
- Customer Content does not infringe any intellectual property, privacy, publicity, confidentiality, trade secret, or other third-party right;
- Customer Content is not illegal, false, misleading, defamatory, abusive, harassing, discriminatory, sexually explicit, exploitative, or otherwise harmful;
- Customer Content does not contain malware, unauthorized tracking, or material intended to compromise the Services or any third-party system; and
- you will not use the Services to record, transcribe, process, or disclose calls or personal data unless you have obtained all consents and notices required by applicable law.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in termination or suspension of your rights to use the Services.
9. CUSTOMER CONTENT LICENSE
You retain ownership of Customer Content. You grant InkDraft a limited, non-exclusive, worldwide, royalty-free license to host, process, copy, transmit, display, format, modify for technical or formatting purposes, and otherwise use Customer Content only as reasonably necessary to provide, secure, maintain, support, and improve the Services for you, comply with law, enforce these Legal Terms, and prevent fraud, abuse, or security incidents.
This license includes allowing our service providers and sub-processors to process Customer Content where necessary to provide the Services, subject to the Privacy Policy and Data Processing Addendum. It also includes the technical steps needed to generate documents, run AI drafting workflows you request, create previews and exports, share documents with recipients you choose, collect signatures and payments, preserve audit evidence, and provide support.
We do not sell Customer Content, use it for advertising, or use it to train or improve our own or any third party's AI models.
10. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
11. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who violates the law or these Legal Terms, including reporting such user to law enforcement authorities; (3) refuse, restrict access to, limit the availability of, or disable Customer Content, feedback, files, or account features where reasonably necessary to protect the Services, comply with law, address security or abuse risk, or enforce these Legal Terms; and (4) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
12. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: /legal/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Where we process personal data on behalf of your organization, our Data Processing Addendum (/legal/dpa) is incorporated into and forms part of these Legal Terms. The Privacy Policy describes where our processors operate and the safeguards we use for international transfers, including Data Privacy Framework certifications and standard contractual clauses where applicable.
13. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
14. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
15. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
16. GOVERNING LAW
These Legal Terms are governed by the laws of Switzerland. If you are a consumer habitually resident in the EU/EEA, this does not deprive you of the protection of mandatory provisions of the law of your country of residence.
17. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any formal proceedings. Such informal negotiations commence upon written notice from one Party to the other Party.
Jurisdiction
Any Dispute that cannot be resolved through informal negotiations shall be submitted to the competent courts of Switzerland.
If you are a consumer habitually resident in the EU/EEA, you may also be entitled under mandatory law to bring proceedings in, and to be sued only in, the courts of your country of residence.
Restrictions
The Parties agree that any proceeding shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no proceeding shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be resolved on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
18. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
19. DISCLAIMER
The Services are provided with reasonable care and skill. To the extent permitted by applicable mandatory law, and subject to Section 20 (Limitation of Liability), we do not warrant that the Services will be uninterrupted or error-free, or that AI-generated output will be accurate, complete, or fit for a particular purpose; you are responsible for reviewing every document before use. Nothing in this Section excludes or limits any warranty or right that cannot be excluded or limited under applicable mandatory law, including your statutory rights as a consumer (for example under the EU Digital Content Directive). Where you act as a consumer, your statutory warranty rights remain unaffected.
20. LIMITATION OF LIABILITY
Nothing in these Terms limits or excludes our liability where it cannot be limited or excluded under applicable mandatory law. In particular, we are liable without limitation for damage arising from injury to life, body, or health; for damage caused intentionally or by gross negligence; and to the extent of any mandatory statutory liability (including under applicable product-liability law).
For slight (ordinary) negligence, we are liable only for the breach of a material contractual obligation (a "cardinal obligation", an obligation whose fulfilment is essential to the proper performance of the contract and on whose observance you may reasonably rely). In that case our liability is limited to the damage typically foreseeable at the time the contract was concluded, and our aggregate liability for such damage is limited to the greater of (a) the fees paid or payable by you to us in the twelve (12) months preceding the event giving rise to the claim, or (b) CHF 500.
Any further liability for slight negligence is excluded. The above limitations also apply in favour of our legal representatives, employees, and agents. They do not affect any mandatory statutory rights you may have as a consumer.
21. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) Customer Content, feedback, or other materials you submit through the Services; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; (6) any overt harmful act toward any other user of the Services with whom you connected via the Services; or (7) any payment your organization collects through a connected account, including refunds, chargebacks, disputes, reversals, fines, and associated fees. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
22. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing, except where mandatory law requires another form.
Documents signed through the Services use a simple electronic signature with a tamper-evident audit trail. Simple electronic signatures are widely accepted for ordinary commercial agreements, but they are not a qualified or advanced electronic signature (QES/AES) under eIDAS and are not suitable for documents subject to a statutory written-form or qualified-signature requirement. Any mandatory form requirements that cannot be waived, and your statutory rights, remain unaffected.
We provide the electronic-signature functionality on an "as is" basis and do not warrant that any electronically signed document will be valid, enforceable, or admissible in any particular jurisdiction or for any particular purpose. You are responsible for determining whether a simple electronic signature is appropriate for your document and counterparties.
24. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
25. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may transfer our rights and obligations under these Legal Terms to a legal entity that continues the InkDraft business (for example on incorporation or reorganization), provided that entity agrees to be bound by these Legal Terms. Where required by mandatory consumer law, we will give you notice of the transfer and you may terminate the Services if you do not agree to it. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
26. AI-GENERATED CONTENT AND NO LEGAL ADVICE
InkDraft uses artificial intelligence to draft business documents, including contracts, proposals, non-disclosure agreements, and partnership agreements, based on user-provided content such as sales call transcripts and organizational data. All AI-generated content is provided on an "as-is" basis and is intended solely as a starting point or draft for further review. InkDraft is not a law firm and does not provide legal advice, legal representation, or legal services of any kind. The use of InkDraft does not create an attorney-client relationship between you and InkDraft. You are solely responsible for reviewing, verifying, and approving all AI-generated content before use, distribution, or execution. We strongly recommend that all generated documents be reviewed by a qualified legal professional before being relied upon or executed. InkDraft makes no representations or warranties regarding the legal accuracy, completeness, enforceability, or suitability of any AI-generated content for your specific circumstances.
27. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
InkDraft (Hiestand Digital)
c/o F2BII E-Commerce #993
Hintergoldingerstrasse 30
8638 Goldingen
Switzerland
Email: info@inkdraft.io