Terms of Service

1. Agreement to Terms

By accessing or using InkPresence's Services, you confirm that you:

1. Are at least 18 years old or have legal authority to enter into binding contracts
2. Have read, understood, and agree to be bound by these Terms
3. Comply with all applicable laws and regulations

If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Our Services

InkPresence provides professional website development and hosting services specifically designed for authors. Our Services include:

Service Limitations

Our Services do not include:

• Content creation (you must provide all text, images, and media)
• Domain registration (though we assist with setup)
• Book marketing services beyond website integration
• Legal compliance for your specific content (e.g., copyright clearance)

3. Accounts & Registration

Account Creation

To access certain Services, you must register for an account. You agree to:

1. Provide accurate, current, and complete information
2. Maintain and promptly update your account information
3. Maintain the security of your account credentials
4. Accept responsibility for all activities that occur under your account

Account Security

You are responsible for safeguarding your account password and for any activities or actions under your account. Notify us immediately of any unauthorized use of your account.

4. Payments & Billing

Subscription Fees

Our Services are offered under subscription plans with different tiers (Starter, Professional, Premium). You agree to pay all applicable fees according to the pricing plan you select.

Billing Cycle

Fees are billed in advance on a monthly or annual basis, depending on your selection. Your subscription will automatically renew at the end of each billing cycle unless you cancel before the renewal date.

Cancellation Policy

You may cancel your subscription at any time. Cancellations take effect at the end of your current billing period. No refunds are provided for partial months of service.

Price Changes

We reserve the right to modify our subscription fees. We will provide at least 30 days' notice before any price change takes effect. Continued use after the price change constitutes your agreement to pay the new amount.

Taxes

All fees are exclusive of applicable taxes, which we will charge as required by law.

5. Your Content

Content Ownership

You retain all ownership rights to the content you provide for your website, including text, images, book excerpts, and other materials ("Your Content").

License to InkPresence

By providing Your Content, you grant InkPresence a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display Your Content solely for the purpose of providing the Services to you.

Content Responsibilities

You represent and warrant that:

1. You own or have the necessary rights to use and authorize us to use Your Content
2. Your Content does not infringe any third-party rights
3. Your Content complies with all applicable laws

Content Removal

We reserve the right to remove any content that violates these Terms or applicable laws, but we have no obligation to monitor or review content.

6. Acceptable Use

You agree not to use the Services to:

1. Violate any applicable law or regulation
2. Infringe any intellectual property rights
3. Harass, abuse, or harm others
4. Transmit spam or unauthorized advertising
5. Distribute viruses or malicious code
6. Interfere with the security or integrity of our Services
7. Attempt to gain unauthorized access to our systems

We reserve the right to suspend or terminate your access to the Services for any violation of this Acceptable Use Policy.

7. Intellectual Property

Your Property

As between you and InkPresence, you retain all intellectual property rights in Your Content and your author brand.

Our Property

InkPresence retains all rights, title, and interest in and to the Services, including all software, designs, templates, and documentation. Your subscription grants you a limited, non-exclusive, non-transferable right to access and use the Services during your subscription period.

Feedback

Any feedback or suggestions you provide regarding our Services may be used by us without restriction or obligation to you.

8. Third-Party Services

Our Services may integrate with or enable access to third-party services, such as:

• Payment processors (Stripe, PayPal)
• Email marketing platforms (Mailchimp, ConvertKit)
• Social media platforms
• Analytics services

These third-party services are governed by their own terms and privacy policies. We are not responsible for the content or practices of any third-party services.

9. Termination

By You

You may terminate your subscription at any time through your account settings or by contacting us. Termination takes effect at the end of your current billing cycle.

By Us

We may suspend or terminate your access to the Services:

1. For material breaches of these Terms
2. For non-payment of fees
3. If required by law
4. For prolonged inactivity (12+ months)

Effect of Termination

Upon termination:

• Your right to use the Services immediately ceases
• We will provide you with a copy of your website content upon request
• You remain responsible for any fees owed up to the termination date

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, INKPRESENCE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE
• THAT DEFECTS WILL BE CORRECTED

We do not warrant that the Services will meet your specific requirements or that the operation of the Services will be uninterrupted or error-free.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INKPRESENCE, ITS AFFILIATES, OR THEIR LICENSORS BE LIABLE FOR:

1. ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
2. ANY LOSS OF DATA, REVENUE, PROFITS, OR BUSINESS OPPORTUNITIES
3. ANY DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT

INKPRESENCE'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES DURING THE 6 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitations may not apply to you.

12. Indemnification

You agree to defend, indemnify, and hold harmless InkPresence and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

1. Your use of the Services
2. Your violation of these Terms
3. Your violation of any third-party right, including intellectual property rights
4. Any content you submit through the Services

13. Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law principles.

Informal Resolution

Before filing any claim, you agree to try to resolve the dispute informally by contacting us at support@inkpresence.com. We'll try to resolve the dispute within 60 days.

Binding Arbitration

Any disputes arising from these Terms that cannot be resolved informally shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall take place in Sheridan, Wyoming.

Class Action Waiver

You agree to resolve disputes on an individual basis and waive any right to participate in class actions or class arbitrations.

14. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will:

1. Update the "Last Updated" date at the top of these Terms
2. Notify you via email or through the Services

Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the changes, you must stop using the Services.

15. General Terms

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and InkPresence regarding our Services.

Severability

If any provision of these Terms is found unenforceable, that provision will be severed, and the remaining provisions will remain in full effect.

Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Survival

Sections regarding intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution will survive termination of these Terms.

16. Contact Us

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