Acceptable Use Policy

This InkDesk Acceptable Use Policy ("AUP") applies to the use of any product, service or website provided by us (InkDesk), whether we provide it directly or use another party to provide it to you (each, an "InkDesk Service"). This AUP is designed to ensure compliance with the laws and regulations that apply to the InkDesk Service. This AUP also protects the interests of all of our clients and their customers, as well as our goodwill and reputation. These terms are so important that we cannot provide the InkDesk Service unless you agree to them. By using the InkDesk Service, you are agreeing to these terms.

If you are using any InkDesk Service, this AUP applies to you. It applies to every person who uses the InkDesk Service, whether you are the account owner or a member of a studio, agency or other account — each of you agrees to abide by it and is responsible for your own violations, and the account owner is responsible for violations within their account. You are not allowed to assist or engage others in a way that would violate this AUP. We enforce this AUP using methods we consider to be appropriate, such as complaint and email failure monitoring. We choose which methods to use and when. We do not review or monitor all content or activity on the InkDesk Service, and nothing in this AUP requires us to. If we do not act on a violation, we keep the right to act on the same or a similar violation later. We may also suspend or terminate your use of InkDesk Services pursuant to our Customer Terms of Service for violations of this AUP.

We periodically update these terms and we will let you know when we do by email, by a notice in your InkDesk account, or by posting a revised copy on our website. You agree to review the AUP on a regular basis and always remain in compliance.

1. Reporting Suspected Violations

We encourage recipients of email messages sent using the InkDesk Service to report suspected violations of this AUP to us by forwarding a copy of the received email with FULL headers to [email protected]. We have a policy to investigate all of these reports and to respond in the way we consider appropriate.

If you know of or suspect a violation of this AUP, you will promptly notify us in writing of the known or suspected violation of this AUP.

2. Prohibited Email Actions

a. You may not use InkDesk to send spam. Spam can be in the form of bulk email or one to one commercial emails.

Bulk email is spam when it is unsolicited. Unsolicited means the recipient has not granted verifiable permission for the message to be sent. Bulk means that the message is sent as part of a larger collection of messages that have substantively similar content.

One-to-one commercial emails are spam when they violate CAN-SPAM. One-to-one commercial emails are also considered Spam if the data processed for purposes of sending that email is in scope of the General Data Protection Regulation ('GDPR') and you fail to provide notice to individuals and establish a lawful basis of processing.

You may not use the InkDesk Service in any way (directly or indirectly) to send, transmit, handle, distribute or deliver: (a) spam in violation of the CAN-SPAM Act (referenced below) or any other law; (b) email to an address obtained via Internet harvesting methods or any surreptitious methods (e.g., scraping or harvesting); (c) email to an address that is incomplete, inaccurate and/or not updated for all applicable opt-out notifications, using best efforts and best practices in the industry, (d) commercial electronic messages in violation of Canada's Anti-Spam Legislation (referenced below), or (e) in violation of the General Data Protection Regulation (GDPR).

b. You may not use any misleading or false names, addresses, email address, or subject line.

Email sent, or caused to be sent to or through the InkDesk Service may not: (a) use or contain invalid or forged headers; (b) use or contain invalid or non-existent domain names; (c) employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path; (d) use other means of deceptive addressing; (e) use a third party's internet domain name without their consent, or be relayed from or through a third party's equipment without the third party's permission; (f) contain false or misleading information in the subject line or otherwise contain false or misleading content; or (g) use our trademark(s), tagline(s), or logo(s) without our prior written consent and only then pursuant to our trademark usage guidelines.

If you use email, we recommend that you adopt the Messaging, Malware and Mobile Anti-Abuse Working Group (M3AAWG) Sender Best Communications Practices (BCP), which were created and agreed upon with collaborative input from both volume email senders and Internet Service Providers. You will use commercially reasonable efforts to follow these practices.

c. You may not email purchased lists.

You are prohibited from using the InkDesk Service to email: (a) purchased, rented, or borrowed lists, and (b) lists that are likely to result in an excessive number of unsubscribe requests or Spam complaints or notices, as determined by acceptable industry practices.

3. Email Opt-out Requirements

You warrant that each email you send or is sent for you using the InkDesk Service will contain: (a) header information that is not false or misleading; and (b) an advisement that the recipient may unsubscribe, opt-out or otherwise demand that use of its information for unsolicited, impermissible and/or inappropriate communication(s) as described in this AUP be stopped (and how the recipient can notify you that it wants to unsubscribe, opt-out, or stop this use of its information). These requirements may not apply if the email sent is a transactional email and these requirements are not otherwise required by law. You warrant that you will promptly comply with all opt-out, unsubscribe, "do not call" and "do not send" requests.

4. Messaging and Client Communications

a. Consent. You may use the InkDesk Service to communicate with your clients and with people who contact you. You must have a lawful basis and any consent required by applicable law for every message you send, including appointment reminders, follow-ups, aftercare messages, marketing messages and automated or scheduled messages you configure the InkDesk Service to send on your behalf. Consent to receive booking-related messages is not consent to receive marketing.

b. Automated and scheduled messages. Where you configure the InkDesk Service to send messages automatically, you remain the sender and are responsible for the content, timing and recipients of every message it sends, including messages sent after you stop using the InkDesk Service. You must review your automated messages regularly and stop them when they are no longer appropriate.

c. Opt-outs. You must honour every opt-out, unsubscribe and stop request promptly, and you must not send further messages of that kind to a person who has opted out. You must not use the InkDesk Service to circumvent an opt-out, including by moving a person who opted out on one channel to another channel.

d. Additional channels. Where the InkDesk Service allows you to send or receive messages through a channel other than email — including a messaging or social platform you connect to your account — that platform's own rules apply in addition to this AUP, and may impose requirements on consent, message content, message timing and the use of approved templates. You are responsible for complying with them, and we may limit, suspend or disable your use of a channel to comply with a platform's requirements or to protect our or other customers' access to it.

e. Emergencies. The InkDesk Service is not an emergency communication service and must not be relied on to send or receive urgent or emergency communications.

5. No Disruption

You agree not to:

(a) use the InkDesk Service in a way that impacts the normal operation, privacy, integrity or security of another's property. Another's property includes another's account(s), domain name(s), URL(s), website(s), network(s), system(s), facilities, equipment, data, other information, or business operations;

(b) use or launch any automated system, including, "robots," "spiders," or "offline readers," that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser;

(c) use the Subscription Service in any manner that damages, disables, overburdens, or impairs any of our websites or interferes with any other party's use of the Subscription Service;

(d) attempt to gain unauthorized access to the Subscription Service;

(e) access the Subscription Service using another User's unique login credentials, including reusing or sharing unique login credentials among multiple users;

(f) allow any Users to access the InkDesk Service from an embargoed country, or allow access to the InkDesk Service to anyone included in the U.S. Commerce Department's Denied Persons List, Entry List, the U.S. Treasury Department's list of Specially Designated Nationals, or other similarly sanctioned individuals;

(g) access the Subscription Service other than through our published interfaces, or use a modified, repackaged, emulated or automated version of our mobile applications, or run our mobile applications on a device on which the operating system's security controls have been circumvented;

(h) use the InkDesk Service to gain unauthorized access to, use, monitor, make an unauthorized reference to, another's property, unless you have the appropriate express prior consent to do so;

(i) use the InkDesk Service in a way that causes or may cause any InkDesk IP addresses, InkDesk domains, or InkDesk customer domains to be blacklisted; or

(j) use the InkDesk Service in a way that violates the terms, policies or rules of any third-party platform or service connected to your account, or that causes or may cause any InkDesk account, application, sending identity, quality rating or access with such a platform to be restricted, throttled, suspended or terminated, or that otherwise degrades the ability of us or our other customers to use that platform. Where a third-party platform imposes requirements on how you may contact individuals — including consent, opt-out, timing, content or template requirements — you must comply with them, and we may limit, suspend or disable your access to that connection to protect our or our customers' standing with the platform.

Examples of prohibited actions include (without limitation) hacking, spoofing, denial of service, mailbombing and/or sending any email that contains or transmits any virus or propagating worm(s), or any malware, whether spyware, adware or other such file or program.

These restrictions apply regardless of your intent and whether or not you act intentionally or unintentionally.

Good-faith security research. We welcome reports of security vulnerabilities. If you believe you have found one, report it to [email protected] with enough detail for us to reproduce it, and give us a reasonable opportunity to investigate and fix it before disclosing it publicly.

We will not pursue or support legal action against you under this AUP for security research that is conducted in good faith and that: is limited to accounts and data you own or have explicit permission to test; does not access, modify, delete or retain any other person's data — and stops immediately if you encounter it; does not degrade, disrupt or overload the InkDesk Service; does not use social engineering, physical intrusion, or attacks on our personnel, vendors or offices; and does not involve extortion or a demand for payment as a condition of disclosure. Testing that goes beyond these boundaries is not authorised, and nothing here authorises you to act against another customer's account or data.

6. Proper Usage of the InkDesk Service

In addition, and without limiting the other requirements in this AUP, you may not (directly or indirectly) use the InkDesk Service with content, or in a manner that:

is threatening, abusive, harassing, stalking, or defamatory;

is deceptive, false, misleading or fraudulent;

is invasive of another's privacy or otherwise violates another's legal rights (such as rights of privacy and publicity);

contains vulgar, obscene, indecent or unlawful material;

infringes a third party's intellectual property right(s);

publishes, posts, uploads, or otherwise distributes any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have all necessary rights and consents to do so;

uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer;

downloads any file that you know, or reasonably should know, cannot be legally distributed in that way;

falsifies or deletes any author attributions, legal or proprietary designations, labels of the origin or source of software, or other material contained in a file that is uploaded;

restricts or inhibits any other user of the InkDesk Service from using and enjoying our website and/or the InkDesk Service;

harvests or otherwise collects information about others, including e-mail addresses, without their consent;

violates the usage standards or rules of an entity affected by your use, including without limitation any ISP, ESP, or news or user group (and including by way of example and not limitation circumventing or exceeding equipment use rights and restrictions and/or location and path identification detail);

is legally actionable between private parties;

is not a good faith use of the service, such as artificially circumventing a limit that applies to your subscription; and/or

is in violation of any applicable local, state, national or international law or regulation, including all export laws and regulations and without limitation the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act) (15 U.S.C. § 7701 et seq.), the U.S Telephone Consumer Protection Act of 1991 (47 U.S.C. § 227), the Do-Not-Call Implementation Act of 2003 (15 U.S.C. § 6152 et seq.; originally codified at § 6101 note), the General Data Protection Regulation (2016/679), the Directive 2000/31/EC of the European Parliament and Council of 8 June 2000, on certain legal aspects of information society services, in particular, electronic commerce in the Internal Market ('Directive on Electronic Commerce'), along with the Directive 2002/58/EC of the European Parliament and Council of 12 July 2002, concerning the processing of personal data and the protection of privacy in the electronic communications sector ('Directive on Privacy and Electronic Communications'), the Personal Information Protection and Electronic Documents Act (PIPEDA) (S.C. 2000, c. 5), Canada's Anti-Spam Legislation (CASL) (S.C. 2010, c. 23), and any regulations having the force of law or laws in force in your or your message recipient's country of residence;

encourages, promotes, facilitates or instructs others to engage in illegal activity;

promotes, encourages, or facilitates: hate speech, violence, discrimination based on race, color, sexual orientation, marital status, gender or identity expression, parental status, religion or creed, national origin or ancestry, sex, age, physical or mental disability, veteran status, genetic information, citizenship and/or any other characteristic protected by law.

Organizations or individuals who promote, encourage, or facilitate hate speech, violence, discrimination, either through their own content or through distribution of user generated content, are prohibited from using the InkDesk Service, regardless of whether the InkDesk Service is used specifically for the prohibited activities. Violation of these standards may result in termination of your use of the InkDesk Service.

Client information and content. You are responsible for all information and content you or your clients place in the InkDesk Service. In particular, you will:

• obtain any consent required before collecting information from a client, including health-related information and images of identity documents, and before taking, uploading, storing or publishing a photograph of a client or of a client's tattoo, piercing or body;
• have the rights you need for every reference image, artwork, design, photograph and other material you upload — you may not upload another artist's work, or an image you found online, unless you are permitted to use it for that purpose;
• collect only what you need. Do not use booking forms, waivers or free-text fields to collect information you do not need for the service you are providing — in particular, do not ask for health information, identity documents, immigration or citizenship status, financial account details, or any other sensitive information unless you have a specific and lawful reason to, and do not ask for it "just in case". We may require you to remove a form or waiver field that collects sensitive information without an evident purpose, and may suspend or terminate your account if you do not;
• delete client information when you no longer have a lawful reason to keep it, and tell us at [email protected] if you need to delete something the InkDesk Service does not let you delete yourself;
• not publish a client's personal information, photograph, or the content of a waiver or message, on a public booking page, profile or gallery, or anywhere else, without that client's consent;
• not use client information collected through the InkDesk Service for a purpose the client would not reasonably expect, including selling or sharing it, or adding a client to a marketing list without the consent required by law; and
• not use the InkDesk Service to harass, stalk, threaten or discriminate against a client or any other person, or to retaliate against a client for a review, complaint or refund request.

Content that violates these standards may be removed, and may result in suspension or termination of your use of the InkDesk Service.

You will use the InkDesk Service for your internal business purposes and will not: (i) willfully tamper with the security of the InkDesk Service or tamper with our customer accounts; (ii) access data on the InkDesk Service not intended for you; (iii) log into a server or account on the InkDesk Service that you are not authorized to access; (iv) attempt to probe, scan or test the vulnerability of any InkDesk Service or to breach the security or authentication measures without proper authorization, except as expressly permitted under 'Good-faith security research' above; (v) willfully render any part of the InkDesk Service unusable; (vi) lease, distribute, license, sell or otherwise commercially exploit the InkDesk Service or make the InkDesk Service available to a third party other than as contemplated in your subscription to the InkDesk Service; (vii) use the InkDesk Service for timesharing or service bureau purposes or otherwise for the benefit of a third party; or (viii) provide to third parties any evaluation version of the InkDesk Service without our prior written consent.

7. Prohibited Content

In addition to the requirements above, you may not use the InkDesk Service to upload, store, transmit, publish or make available:

a. Child sexual abuse material. Any image, video or other material that depicts, or appears to depict, a minor in a sexual or sexually suggestive manner, or that sexually exploits a minor. We report suspected child sexual abuse material to the appropriate authorities as required by law and will terminate the account immediately and without notice.

b. Intimate images without consent. Any intimate, nude, partially nude or sexually explicit image or recording of an identifiable person that was created or is being shared without that person's knowledge and consent, or any material that threatens to share such an image.

c. Images of a person without the rights to use them. Any photograph or image of an identifiable person that you do not have the right to upload, store or use for the purpose for which you are using it, including any photograph of a client, model or other individual taken or used without their consent.

d. Identity documents you are not entitled to hold. Any image or copy of a government-issued identity document that you are not entitled to collect and retain under applicable law, or that you have retained longer than you are permitted to.

e. Other unlawful material. Any material that is unlawful to possess or distribute in your jurisdiction or ours, that depicts or promotes serious violence or self-harm, that constitutes terrorist or violent-extremist content, or that is designed to harass, intimidate or endanger a specific person.

Reporting. If you become aware of material described in this section on the InkDesk Service, report it immediately to [email protected]. We investigate reports and may remove material, preserve it where legally required, suspend or terminate accounts, and report to law enforcement. We may remove material and suspend or terminate an account under this section immediately, without prior notice, and without refund.

8. Restricted Industries

The InkDesk Service is provided for the management of tattoo, piercing and related body-art and personal-services businesses. We may decline to provide, or may discontinue, the InkDesk Service where your use falls outside that purpose, or where your industry or activity presents an elevated risk of abuse complaints, chargebacks, fraud, or harm to our reputation or to other customers. Examples of activities we do not support include:

Cryptocurrency and non-fungible tokens (NFTs)

Gambling services or products

Work from home, make money online, and lead generating opportunities

Multi-level marketing or affiliate marketing

List brokers or list rental services

Selling 'Likes' or followers for a social media platform

Escort and dating services

Pharmaceutical products

9. Waivers and Electronic Signatures

When you use the waiver and consent features of the InkDesk Service, you will not:

• sign, complete or submit a waiver on behalf of a client, or instruct or allow anyone other than the client (or their parent or guardian, where permitted by law) to do so;
• alter, add to or remove any part of a completed waiver submission, or present an altered submission as the client's original;
• misrepresent who is asking for a waiver, what it is for, or the identity of the business the client is dealing with;
• use a waiver or booking form to collect information for a purpose unrelated to the service you are providing to that client, or to collect information you are not entitled to collect;
• share a waiver link with anyone other than its intended recipient, or reuse a link intended for one client for another; or
• represent that InkDesk has verified a client's identity, age, capacity or the validity or enforceability of a waiver. We do not verify any of these.

You are responsible for the content and legal sufficiency of every waiver you create and for retaining copies where you are required to.

10. InkDesk Trademark Use

Unless you have our express prior written permission, you may not use any name, logo, tagline or other mark of ours or the InkDesk Service, or any identifier or tag generated by the InkDesk Service, including without limitation: (a) as a hypertext link to any website or other location (except as provided for or enabled expressly by us); or (b) to imply identification with us as an employee, contractor, agent or other similar representative capacity. You also agree not to remove or alter any of these items as we may have provided or enabled.

11. General Terms

We may immediately suspend your access to the InkDesk Service if you breach this AUP or don't respond to us in a reasonable period after we've contacted you about a potential breach of this AUP. We may also suspend or terminate an individual User's access without suspending the account as a whole. We may also suspend your access as we explain in our Customer Terms of Service and, if you breach this AUP, we may terminate your subscription agreement for cause. You acknowledge we may disclose information regarding your use of any InkDesk Service to satisfy any law, regulation, government request, court order, subpoena or other legal process. If we make this type of required disclosure we will notify you, unless we are required to keep the disclosure confidential.

We are not obligated to, but may choose to, remove any prohibited materials and deny access to any person who violates this AUP. We further reserve all other rights.

We may update and change any part or all of this AUP. If we update or change this AUP, the updated AUP will be posted at https://inkdesk.app/legal/acceptable-use-policy. If you have an InkDesk subscription, we will let you know by email or by a notice in your InkDesk account. If you do not have an InkDesk subscription, we will let you know by posting the revised copy on our website. When we change this AUP, the "Last Modified" date above will be updated to reflect the date of the most recent version. We encourage you to review this AUP periodically.