Terms of Use
Manage Ink App Terms of Use
Effective Date: September 15, 2026 Last Updated: September 15, 2026
PLEASE READ CAREFULLY. §4 describes a 7-day free trial that converts automatically into a paid, auto-renewing subscription unless you cancel first. §19 contains a binding arbitration agreement and a class action waiver. You may opt out within 30 days of first accepting these Terms — see §19.6. §21 and §22 contain additional terms required by Apple and Google that apply when you use the app from the App Store or Google Play.
1. Agreement
These Terms of Use (the "Terms") are a binding contract between you and Manage Ink, LLC, a Delaware limited liability company ("Manage Ink," "we," "us," "our").
They govern your access to and use of the Manage Ink mobile app for iOS and Android, the web application at app.manageink.com, our APIs, and related services (together, the "Services").
By creating an account, starting a trial, tapping or clicking "I agree," or using the Services, you accept these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Services.
If you accept these Terms on behalf of a studio, company, or other entity, you represent that you have authority to bind it, and "you" and "Customer" mean that entity.
Eligibility. You must be at least 18 years old. The Services are professional business tools for tattoo and body-art businesses and are not offered for personal, family, or household use. The Services are offered only in the United States.
Order of precedence. If we have signed a separate written agreement with you covering the Services, that agreement controls where it conflicts with these Terms.
2. Definitions
- "Account" — your Manage Ink account and any workspaces, locations, or sub-accounts within it.
- "Authorized User" — an individual you permit to use the Services under your Account, including your employees, artists, apprentices, and contractors. Every Authorized User must be 18 or older.
- "Customer Content" — everything you or your Authorized Users put into or generate in the Services: photographs, edits, captions, hashtags, notes, analysis results, and publishing records.
- "Subject" — a person depicted, identifiably, in a photograph you upload.
- "Connected Account" — a third-party social media account you link to the Services.
- "AI Features" — the automated image-analysis and content-generation features described in §9.
- "Order" — your plan selection at checkout, or a written order form, specifying tier, term, and fees.
3. Your Account
3.1 Registration. You must give accurate, current, and complete information and keep it updated. We may refuse or close an Account at our discretion.
3.2 Credentials. You are responsible for safeguarding your credentials and for all activity under your Account, authorized or not. Notify us immediately at info@manageink.com of any unauthorized access. We are not liable for losses caused by your failure to safeguard credentials.
3.3 Authorized Users. You are responsible for your Authorized Users' compliance with these Terms and for their acts and omissions as if they were your own, and for promptly removing users who no longer need access.
3.4 Account ownership. As between you and any Authorized User, whoever owns the billing relationship owns the Account. We may act on the instructions of the billing owner and of any user designated as an administrator. Internal disputes over ownership are yours to resolve; we may suspend an Account until one is resolved in writing.
3.5 Deleting your Account. You may delete your Account and its contents at any time from Settings → Account → Delete Account in the app, or from manageink.com/delete-account. Deletion is permanent and is described in §14 of the Privacy Policy. Deleting your Account also cancels your subscription; it does not refund fees already paid.
4. Free Trial, Subscription, and Automatic Renewal
Read this section before you start the trial.
4.1 Where you buy. Subscriptions are purchased on the web at app.manageink.com, not inside the mobile app. The mobile app is free to download and is a companion to your web subscription. Payments are processed by Stripe, Inc. We do not receive or store your full card number.
4.2 The free trial. New customers may start a 7-day free trial. We require a valid payment method to begin. The trial is provided as is and may carry feature or usage limits. We may modify or withdraw trial availability at any time. One trial per customer; we may refuse a trial to anyone who has had one.
4.3 Automatic conversion — the part that costs money.
UNLESS YOU CANCEL BEFORE THE 7-DAY TRIAL ENDS, YOUR TRIAL WILL AUTOMATICALLY CONVERT INTO A PAID SUBSCRIPTION AT THE THEN-CURRENT PRICE FOR THE PLAN YOU SELECTED, AND THE PAYMENT METHOD ON FILE WILL BE CHARGED.
Before you are charged we will: state the price, the billing frequency, the trial length, and how to cancel, on the checkout screen and in your confirmation email; obtain your separate affirmative consent to these auto-renewal terms; and send you a reminder by email at least 3 days before the trial ends and the first charge is made.
4.4 Automatic renewal.
YOUR SUBSCRIPTION RENEWS AUTOMATICALLY at the end of each billing period (monthly or annual, as you selected) for another period of the same length at the then-current price, until you cancel. Renewal charges are made to the payment method on file on or about the renewal date.
4.5 How to cancel. You may cancel at any time, online, immediately, and without speaking to anyone, from Account → Billing → Cancel Subscription at app.manageink.com. Cancellation is effective at the end of the current billing period and you keep access until then. If we present you a retention or discount offer during cancellation, a button that cancels immediately will be displayed alongside it. If you signed up by any other method, you may cancel by that same method. You may also cancel by emailing info@manageink.com.
4.6 Fees. You authorize us and Stripe to charge your payment method for all fees, including recurring charges, applicable taxes, and any add-on fees. Fees are in U.S. dollars. Except where required by law, fees are non-refundable and there are no refunds or credits for partial periods, unused features, or downgrades.
4.7 Failed payments. If a charge fails we may retry it, notify you, and suspend the Services until payment is received. Amounts more than 15 days overdue may accrue interest at 1.5% per month or the maximum permitted by law, whichever is less. You are responsible for reasonable collection costs.
4.8 Price changes. We may change prices. For a change affecting a renewal we will give you at least 30 days' notice by email before it takes effect. If you do not accept the new price, cancel before the renewal date; continued use after the effective date is acceptance.
4.9 Annual plans. Annual plans are prepaid and non-refundable except where required by law. A downgrade from annual to monthly takes effect at the end of the annual term.
4.10 Taxes. Fees exclude sales, use, and similar taxes. You are responsible for all such taxes other than taxes on our net income. Where we must collect a tax it will be added to your invoice.
4.11 State automatic renewal laws. Where state law — including California Business & Professions Code §17600 et seq. — gives you additional rights regarding automatic renewals, those rights apply and nothing here limits them.
5. License and Restrictions
5.1 License to you. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to install and use the app on devices you own or control and to access the Services for your internal business purposes during your subscription term.
5.2 Restrictions. You will not, and will not permit anyone to:
(a) copy, modify, translate, or create derivative works of the Services; (b) reverse engineer, decompile, or disassemble the Services, or attempt to discover their source code, except where this restriction is unenforceable by law; (c) resell, sublicense, rent, lease, time-share, or operate the Services as a service bureau, or use them to build a competing product; (d) scrape, crawl, or use automated means to extract data from the Services except through documented APIs; (e) circumvent or exceed usage limits, rate limits, or access controls, or share credentials across more users than your plan permits; (f) probe, scan, or test the vulnerability of the Services, or breach or circumvent security or authentication, except under written authorization from us; (g) upload or transmit malware, or interfere with the integrity or performance of the Services; (h) remove or obscure proprietary notices; or (i) use the Services in violation of any law or of §7.
6. Customer Content
6.1 You own it. As between us, you own all right, title, and interest in Customer Content. We claim no ownership.
6.2 License to us. You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, display, reformat, and generate derivatives of (such as resized and web-optimized image versions) Customer Content, and to transmit it to the AI providers named in the Privacy Policy for analysis, solely to (a) provide, maintain, secure, and support the Services for you, (b) publish content to the Connected Accounts you direct, (c) address technical or security problems, and (d) comply with law. This license ends when the Customer Content is deleted, except for aggregated and de-identified data and copies in routine backups until they age out.
6.3 Publicity. We will not use your Customer Content, images, studio name, or logo in our marketing without your prior written consent. If you give consent you may withdraw it prospectively at any time by writing to us.
6.4 Your responsibility. You are solely responsible for Customer Content — its accuracy, legality, quality, and your right to use it. We do not review Customer Content and have no obligation to monitor it, though we may do so to enforce these Terms.
6.5 Your representations. You represent and warrant, on an ongoing basis, that:
(a) you have all rights, consents, licenses, and permissions necessary to submit Customer Content to the Services and to have us process and publish it as described; (b) for every photograph of an identifiable person you upload, you have that Subject's permission to photograph them, to store the image, and to publish it in the ways you use it, including any release required by applicable right-of-publicity, likeness, or privacy law; (c) you have not uploaded any photograph or record of a person under 18, and every Authorized User on your Account is 18 or older; (d) you have the right to publish the content to each Connected Account and your use complies with that platform's terms; (e) you have given your clients any privacy notice, and obtained any consent, that applicable law requires; and (f) you have not submitted health, medical, biometric, government-identifier, or full financial-account information, consistent with §6.6.
6.6 Prohibited data. You will not submit to the Services: (i) protected health information subject to HIPAA, or medical or health-screening information from consent or intake forms; (ii) biometric identifiers or biometric information as defined by the Illinois BIPA, Texas CUBI, Washington HB 1493, or similar laws; (iii) Social Security numbers, driver's license numbers, passport numbers, or other government identifiers; (iv) full payment card numbers, bank account numbers, or credentials; (v) information about or images of anyone under 18; or (vi) data subject to the GLBA, FERPA, ITAR, or export-control regimes. The Services are not designed or certified for these data types, we do not sign Business Associate Agreements, and you assume all risk and liability if you submit them.
6.7 The Subject attestation. Before publishing an image that contains an identifiable person, the Services ask you to confirm that you have that Subject's permission. This confirmation is your representation to us, recorded with a timestamp. It is not a release, it is not legal advice, and it does not transfer any responsibility to us. You remain solely responsible for obtaining and keeping an actual release where one is required.
6.8 Backups. We keep routine backups for our own disaster recovery. They are not a substitute for your records. You are responsible for keeping independent copies of anything you cannot afford to lose. Export functionality is available in the Services.
6.9 Aggregated data. We may create aggregated, de-identified data from your use of the Services and use it for any lawful business purpose, including improving the Services and publishing industry statistics. It will not identify you, your studio, or any individual, and we will not attempt to re-identify it. Your photographs are never published as part of it.
6.10 No model training. We do not use Customer Content to train foundation models for use outside your Account, and we contractually prohibit our AI providers from training their models on it. See §6 of the Privacy Policy.
7. Acceptable Use
You will not use the Services to:
- upload or publish any image of, or information about, a person under 18;
- upload or publish an image of an identifiable person without that person's permission;
- transmit unlawful, defamatory, harassing, threatening, or fraudulent content;
- transmit content that is obscene under applicable law, or sexually explicit content involving any person who is or appears to be a minor;
- infringe any patent, copyright, trademark, trade secret, right of publicity, or other right;
- misrepresent your identity, your affiliation, your credentials, or the authorship of artwork — including presenting another artist's work as your own;
- promote or facilitate illegal activity, including tattooing or piercing in violation of state licensing, sanitation, or minor-consent laws;
- send unsolicited commercial messages, or violate the CAN-SPAM Act or the Telephone Consumer Protection Act;
- violate the terms, developer policies, or community standards of Instagram, Facebook, TikTok, or any other Connected Account, including rules on automation, spam, and engagement manipulation;
- interfere with any other customer's use of the Services; or
- violate any applicable law.
7.1 Enforcement. We may investigate suspected violations and may suspend or terminate access, remove content, or disable publishing. Where practical and lawful we will notify you first and give you a chance to cure. Where a violation poses immediate risk to the Services, other customers, or third parties — in particular anything involving a minor — we may act first and notify you afterward.
8. Connected Accounts and Publishing
8.1 We are not the platform. Manage Ink publishes content to Instagram, Facebook, TikTok, and other platforms on your instruction, using access you grant us. We are not affiliated with, endorsed by, or acting as an agent of any of them.
8.2 Their rules govern. Your relationship with each platform is between you and that platform, under its terms and privacy policy. You are responsible for complying with them. A platform may remove your content, restrict your account, or revoke our access at any time for reasons entirely outside our control.
8.3 Delivery is not guaranteed. Publishing can fail for reasons we do not control: platform outages, API changes, rate limits, token expiry, content moderation, or account restrictions. We are not responsible for content that fails to publish, publishes late, is removed by a platform, or does not perform as you hoped.
8.4 API changes. If a platform changes or withdraws its API, or changes its terms, we may modify or discontinue that integration without liability to you.
8.5 Revoking access. You may disconnect any Connected Account from inside the app at any time. Doing so deletes the stored access token immediately. Content already published stays on the platform; remove it there.
9. AI Features
9.1 Output is a suggestion. Output from AI Features may be inaccurate, incomplete, generic, or unsuitable. You are solely responsible for reviewing, editing, and approving any output before you publish or rely on it. AI Features do not provide legal, medical, tax, or professional advice.
9.2 Your images are transmitted to third parties. Running an analysis sends your photograph to a third-party AI provider named in the Privacy Policy. By using AI Features you consent to that transmission. If you are not willing for an image to leave our infrastructure, do not run an analysis on it.
9.3 No biometric processing. The AI analysis identifies visual and stylistic attributes of artwork. It does not perform facial recognition, faceprinting, face matching, age estimation, or any other biometric identification, and we do not permit our providers to do so on our behalf.
9.4 Similar output. Output is generated statistically and may be similar or identical to output generated for other users. We make no representation that output is unique or that you own or can protect it.
9.5 Your compliance. You remain responsible for ensuring anything you publish using AI Features complies with these Terms, with advertising and consumer-protection law, with each platform's rules, and with any obligation to disclose AI-generated content in your jurisdiction.
10. Third-Party Services
The Services depend on and integrate with third-party products, including those named in the Privacy Policy. They are governed by their own terms and privacy policies, not ours. We do not control them, do not endorse them, and are not responsible for their availability, security, accuracy, or acts and omissions.
11. Intellectual Property
11.1 Ours. The Services — all software, interfaces, designs, text, graphics, templates we supply, documentation, and the Manage Ink name, logo, and marks — are owned by Manage Ink or our licensors and protected by intellectual property law. Except for the limited license in §5.1, no rights are granted to you.
11.2 Feedback. If you send us suggestions, ideas, or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate it without obligation or compensation. We will not identify you as the source without your permission.
11.3 Copyright complaints (DMCA). We respond to notices of alleged copyright infringement. Send a notice meeting the requirements of 17 U.S.C. §512(c)(3) to our designated agent:
DMCA Agent, Manage Ink, LLC 20451 State Forest Road, Georgetown, DE 19947 info@manageink.com
We will remove or disable access to material we determine in good faith is infringing, and we will terminate the Accounts of repeat infringers in appropriate circumstances. If your material was removed you may submit a counter-notice under 17 U.S.C. §512(g).
12. Confidentiality
Each party may receive non-public information of the other ("Confidential Information") — for us, non-public features, pricing, and documentation; for you, Customer Content and business information. The receiving party will use the same degree of care it uses for its own confidential information (and no less than reasonable care), use Confidential Information only to perform under these Terms, and not disclose it except to personnel and advisors with a need to know who are bound by comparable obligations. This does not apply to information that is or becomes public through no fault of the recipient, was known without restriction before disclosure, is independently developed, or is rightfully received from a third party. A party may disclose Confidential Information if legally compelled, after giving reasonable prior notice where lawful.
13. Suspension and Termination
13.1 By you. Cancel under §4.5 or delete your Account under §3.5.
13.2 By us for cause. We may suspend or terminate your access immediately if you (a) materially breach these Terms and do not cure within 10 days of notice, (b) fail to pay amounts more than 15 days overdue, (c) violate §7 in a way that creates risk to the Services, other customers, or third parties, or (d) become subject to bankruptcy or insolvency proceedings. A violation involving a person under 18 may result in immediate termination without a cure period.
13.3 By us for convenience. We may discontinue the Services or terminate your subscription for convenience on 60 days' notice, and will refund any prepaid, unused fees pro rata.
13.4 Effect of termination. On termination your license under §5.1 ends, you must stop using the Services, and all outstanding fees become immediately due. We will make Customer Content available for export for 30 days after termination, after which we may delete it per the retention schedule in the Privacy Policy. Termination for your breach does not entitle you to a refund.
13.5 Survival. Sections 2, 5.2, 6.1, 6.4–6.7, 6.9, 11, 12, 13.4, 13.5, and 15 through 23 survive termination.
14. Changes to the Services and These Terms
14.1 Services. We may add, change, or remove features. We will not materially reduce the core functionality of a paid plan during a term you have prepaid without notice and, if the reduction is material and you object in writing within 30 days, a pro-rata refund of prepaid fees for the remainder of the term.
14.2 Terms. We may update these Terms. For material changes we will give at least 30 days' notice by email to your account address and by notice in the Services. Changes take effect on the stated date and apply prospectively. If you do not agree, your remedy is to cancel before the effective date; continued use after that date is acceptance. Changes to §19 do not apply retroactively to disputes of which we had actual notice before the change.
15. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, MANAGE INK DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT ANY POST WILL BE PUBLISHED TO, ACCEPTED BY, OR REMAIN ON ANY SOCIAL PLATFORM; THAT ANY CONTENT WILL PRODUCE ANY PARTICULAR REACH, ENGAGEMENT, BOOKING, OR REVENUE; OR THAT AI FEATURE OUTPUT WILL BE ACCURATE, ORIGINAL, OR SUITABLE.
We are not responsible for delays or failures caused by your device, your internet service, third-party services, or events outside our reasonable control. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.
16. Limitation of Liability
16.1 Indirect damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BOOKINGS, LOST GOODWILL, LOSS OF DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.
16.2 Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MANAGE INK'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
16.3 Exceptions. The limits in §§16.1 and 16.2 do not apply to your payment obligations, your indemnification obligations under §17, your breach of §5.2, §6.5, §6.6, or §7, or either party's liability for fraud, willful misconduct, or gross negligence, or any liability that cannot be limited by law.
16.4 Basis of the bargain. These limitations are an essential basis of the bargain and apply even if a limited remedy fails of its essential purpose.
16.5 Time limit. Except for claims for nonpayment, no claim arising out of these Terms may be brought more than one (1) year after it accrued, to the extent permitted by law.
17. Indemnification
17.1 By you. You will defend, indemnify, and hold harmless Manage Ink and its members, officers, employees, and agents from any third-party claim, demand, suit, or proceeding, and all resulting damages, liabilities, settlements, penalties, fines, and reasonable attorneys' fees, arising out of or relating to: (a) Customer Content, including any claim that it infringes or misappropriates a third party's rights or violates a right of publicity or privacy; (b) any claim by a Subject arising from your photographing, storing, or publishing their image, including any claim that you lacked their permission; (c) your breach of §6.5, §6.6, or §7; (d) content you publish to any Connected Account; (e) your relationship with, or services provided to, any client, including any claim arising from a tattoo, piercing, or other procedure; (f) your violation of any law; or (g) your breach of these Terms.
17.2 By us. We will defend you against a third-party claim alleging that the Services, as provided by us and used per these Terms, infringe a U.S. patent, copyright, or trademark, and will pay damages finally awarded or amounts we agree in settlement. This does not apply to claims arising from Customer Content, from combining the Services with anything not provided by us, from your use in violation of these Terms, or from any modification we did not make. If the Services become, or we believe may become, the subject of such a claim, we may procure the right to continue, modify the Services to be non-infringing, or terminate the affected subscription and refund prepaid unused fees. This §17.2 states our entire liability and your exclusive remedy for third-party intellectual property claims.
17.3 Procedure. The indemnified party will promptly notify the indemnifying party, give it sole control of the defense and settlement (provided no settlement admitting liability or imposing obligations on the indemnified party is made without consent), and cooperate reasonably at the indemnifying party's expense.
18. Governing Law
These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The U.N. Convention on Contracts for the International Sale of Goods does not apply. This choice of law does not deprive you of the protection of mandatory consumer-protection provisions of the law of the state where you reside, where those provisions apply notwithstanding the parties' choice.
19. Dispute Resolution — Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
19.1 Informal resolution first. Before starting arbitration, you and Manage Ink agree to try to resolve the dispute informally. Send written notice describing the dispute and the relief sought to info@manageink.com (for claims against us) or to your account email (for claims against you). The parties will negotiate in good faith for 60 days from receipt. This is a condition precedent to arbitration, and any limitations period is tolled during it.
19.2 Agreement to arbitrate. If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by final and binding individual arbitration, administered by the American Arbitration Association under its Commercial Arbitration Rules (or its Consumer Arbitration Rules where those apply), as modified by this section. The Federal Arbitration Act governs the interpretation and enforcement of this section.
19.3 Procedure. Arbitration will be before a single arbitrator. The seat is Wilmington, Delaware, but the arbitrator may conduct proceedings by telephone, videoconference, or on documents only, and you may elect to have any in-person hearing held in the county where you reside. The arbitrator may award any relief a court could award on an individual basis, and the award may be entered as a judgment in any court of competent jurisdiction. The arbitrator, not a court, has exclusive authority to resolve disputes about the interpretation, applicability, enforceability, or formation of this arbitration agreement — except that a court has exclusive authority to decide the enforceability of §19.4.
19.4 Class action waiver. YOU AND MANAGE INK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any representative proceeding. If this §19.4 is found unenforceable as to a particular claim or request for relief, that claim or request must be severed and brought in court under §19.7, and the remainder of §19 continues to apply to all other claims.
19.5 Exceptions. Either party may (a) bring an individual action in small claims court if it qualifies and remains there, and (b) seek injunctive or other equitable relief in court to prevent actual or threatened infringement or misappropriation of intellectual property or breach of confidentiality, without first proceeding under §19.1 or §19.2.
19.6 Your right to opt out. You may opt out of this arbitration agreement. Send written notice to info@manageink.com with the subject line "Arbitration Opt-Out," including your name, studio name, and the email on your Account, within 30 days of the date you first accept these Terms. Opting out affects no other part of these Terms, and we will not retaliate for it. If you opt out, §19.7 governs.
19.7 Court venue if arbitration does not apply. For any dispute not subject to arbitration, you and Manage Ink consent to the exclusive jurisdiction and venue of the state and federal courts located in New Castle County, Delaware, and waive any objection to that venue. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL.
19.8 Fees. Each party bears its own attorneys' fees and costs except where a statute or the arbitrator's award provides otherwise. Where the AAA Consumer Arbitration Rules apply, we will pay the filing, administration, and arbitrator fees they require us to pay.
20. General
20.1 Entire agreement. These Terms, the Privacy Policy, any Order, and any policies referenced here are the entire agreement between you and Manage Ink regarding the Services, and supersede all prior or contemporaneous understandings. Any purchase order or vendor terms you issue are void and of no effect.
20.2 Severability. If any provision is held unenforceable it will be limited or eliminated to the minimum extent necessary, and the rest remains in full force.
20.3 No waiver. Failure to enforce a provision is not a waiver of the right to enforce it later.
20.4 Assignment. You may not assign these Terms without our prior written consent, except to a successor to all or substantially all of your business or assets that is not a competitor of Manage Ink, on written notice to us. We may assign without restriction. Any prohibited assignment is void. These Terms bind permitted successors and assigns.
20.5 Independent contractors. The parties are independent contractors. Nothing creates a partnership, joint venture, agency, franchise, or employment relationship.
20.6 Third-party beneficiaries. Except as expressly provided in §21.9 and §22.3 — which make Apple Inc. and Google LLC third-party beneficiaries of these Terms to the extent stated there — these Terms create no rights in any third party.
20.7 Force majeure. Neither party is liable for a failure or delay caused by events beyond its reasonable control, including acts of God, natural disaster, war, terrorism, civil unrest, labor action, epidemic, government action, internet or utility failure, or third-party service outage. This does not excuse payment obligations.
20.8 Notices. We may give notice by email to your Account address, by posting in the Services, or by mail to the address on your Account. Notice is effective when sent (email or in-app) or three business days after mailing. You must give us notice at info@manageink.com and, for legal notices, by mail to the address in §23. You are responsible for keeping your Account email current.
20.9 Export and sanctions. You represent that you are not located in, and are not a national or resident of, any country subject to U.S. embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not on any U.S. Government restricted-party list. You will not use the Services in violation of U.S. export control or sanctions law.
20.10 U.S. Government users. The Services are "commercial computer software" under FAR 12.212 and DFARS 227.7202. Government users acquire only the rights in these Terms.
20.11 Electronic communications and signatures. You consent to receive communications from us electronically, and agree that electronic notices, agreements, and records satisfy any legal requirement that they be in writing. You may withdraw this consent by closing your Account.
20.12 Headings and interpretation. Headings are for convenience only. "Including" means "including without limitation." These Terms will not be construed against the drafting party.
21. Apple App Store — Additional Terms
These terms apply only when you obtain the Manage Ink app from the Apple App Store. In the event of a conflict with the rest of these Terms, this §21 controls for that use.
21.1 Two parties, not three. These Terms are between you and Manage Ink only, not with Apple Inc. ("Apple"). Manage Ink, not Apple, is solely responsible for the app and its content.
21.2 Scope of license. The license granted in §5.1 is a non-transferable license to use the app on any Apple-branded device that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the app may be accessed by other accounts associated with you via Family Sharing or volume purchasing.
21.3 Maintenance and support. Manage Ink is solely responsible for providing maintenance and support for the app. Apple has no obligation whatsoever to furnish any maintenance or support services. Reach us at info@manageink.com.
21.4 Warranty. To the maximum extent permitted by applicable law, Apple has no warranty obligation with respect to the app. In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the app to you (if any). To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the app. Any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to any warranty are solely Manage Ink's responsibility.
21.5 Product claims. Manage Ink, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession and use of it, including: (a) product liability claims; (b) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation, including in connection with the app's use of the HealthKit and HomeKit frameworks (which the app does not use).
21.6 Intellectual property claims. In the event of any third-party claim that the app or your possession and use of it infringes that third party's intellectual property rights, Manage Ink, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim.
21.7 Legal compliance. You represent and warrant that (a) you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
21.8 Third-party terms. You must comply with applicable third-party terms of agreement when using the app.
21.9 Apple as third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
21.10 Contact. Address all questions, complaints, and claims regarding the app to Manage Ink at info@manageink.com or the address in §23.
22. Google Play — Additional Terms
These terms apply only when you obtain the Manage Ink app from Google Play. In the event of a conflict with the rest of these Terms, this §22 controls for that use.
22.1 Two parties, not three. These Terms are between you and Manage Ink only, not with Google LLC ("Google"). Manage Ink, not Google, is solely responsible for the app, its content, and any support, maintenance, warranty, or claims relating to it.
22.2 Google Play terms. Your download and use of the app is also subject to the Google Play Terms of Service. Where those terms grant you rights we cannot limit, they control.
22.3 Google as third-party beneficiary. Google is a third-party beneficiary of these Terms to the extent required to enforce the provisions of this §22.
22.4 Support. Contact us at info@manageink.com for all support. Google has no support obligation.
23. Contact
Manage Ink, LLC 20451 State Forest Road Georgetown, DE 19947
By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.