Terms of Service

1. Privacy

To the extent Inkbox processes Personal Information on behalf of Customer in connection with the Services, the Customer Data Protection Addendum (“DPA”), available at https://inkbox.ai/dpa or otherwise made available by Inkbox, is incorporated into these Terms and applies to such processing. “Personal Information” has the meaning given to it in the DPA. In the event of any conflict between these Terms and the DPA with respect to the processing of Personal Information, the DPA will control.

2. Eligibility

You must be at least 18 years of age to use our Services. The Services are intended for business, professional, and developer use, and are not intended for personal, family, or household use. If you use the Services on behalf of an entity, you represent that you have authority to bind that entity to these Terms.

You may not use the Services if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction that is embargoed by the United States or where your use of the Services would be illegal or otherwise violate any applicable law. You represent and warrant that you are not on any U.S. restricted party list, that you are not a citizen or resident of any such jurisdiction, and that you will not use any Services while located in any such jurisdiction. You also may not use the Services if you are located in, or a citizen or resident of, any other jurisdiction where we have determined, at our discretion, to prohibit use of the Services. We may implement controls to restrict access to the Services from any such jurisdiction. You will comply with this paragraph even if our methods to prevent use of the Services are not effective or can be bypassed.

3. Accounts, Credentials, and Account Security

You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You must maintain the security of your account, passwords, API keys, tokens, credentials, agent identities, and any other access credentials associated with your account and promptly notify us if you discover or suspect that someone has accessed your account or used your credentials without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account.

You are responsible for all activities conducted under your account, including activities conducted by your employees, contractors, developers, administrators, agents, applications, AI agents, integrations, and other users or systems that access the Services through your account or credentials. You will use commercially reasonable efforts to prevent unauthorized access to or use of the Services and will promptly notify us at hello@inkbox.ai of any unauthorized access or use. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claims, including trademark rights, in those usernames.

4. Customer Data

“Customer Data” means any data, content, communications, messages, call transcripts, recordings, emails, text messages, files, prompts, inputs, instructions, configurations, contact information, and other materials submitted to, transmitted through, generated through, or otherwise processed by the Services by or on behalf of Customer, including through Customer’s users, applications, AI agents, integrations, or account credentials.

As between the parties, Customer retains all right, title, and interest in and to Customer Data. Customer hereby grants Inkbox a nonexclusive, worldwide, royalty-free license to access, use, host, copy, process, transmit, display, disclose, and otherwise handle Customer Data as necessary to provide, operate, maintain, secure, support, troubleshoot, analyze, improve, and develop the Services, comply with applicable law, enforce these Terms, and exercise Inkbox’s rights under these Terms. Inkbox’s processing of Personal Information on behalf of Customer is subject to the DPA.

Customer represents and warrants that Customer has all rights, licenses, consents, permissions, notices, and authorizations necessary to provide Customer Data to the Services and to permit Inkbox to process Customer Data as contemplated by these Terms. Customer is solely responsible for Customer Data, including its accuracy, quality, legality, and appropriateness, and for the means by which Customer collects, obtains, provides, uses, and otherwise processes Customer Data.

Inkbox may create, use, and disclose aggregated or deidentified data derived from Customer Data for analytics, benchmarking, product improvement, service development, security, and other lawful business purposes, provided that such data does not identify Customer’s individual end users and is handled in accordance with the DPA and applicable law.

Customer may delete certain Customer Data through the Services where that functionality is made available. Deleted Customer Data may continue to exist in backups, logs, archives, or other systems to the extent permitted by these Terms, the DPA, applicable law, or Inkbox’s ordinary course retention practices.

5. Customer Applications, AI Agents, and Communications

Customer is solely responsible for any applications, AI agents, prompts, workflows, configurations, integrations, instructions, and other systems that Customer uses with the Services. Inkbox does not control Customer’s applications or AI agents and is not responsible for any communications, actions, omissions, decisions, outputs, or results generated by Customer’s applications, AI agents, or other systems.

Customer is solely responsible for all communications sent, received, initiated, recorded, transcribed, stored, or otherwise processed through the Services, including calls, text messages, emails, and other communications with third parties. Customer will use the Services only in compliance with applicable laws, rules, and regulations, including laws relating to privacy, data protection, call recording, consent, telemarketing, telephone communications, text messaging, email, marketing, consumer protection, and unfair or deceptive practices.

Customer will not use the Services to contact any person unless Customer has all rights, consents, notices, and lawful bases required to do so. Customer is solely responsible for providing all notices and obtaining all consents required for any recording, transcription, monitoring, or analysis of communications conducted through the Services.

Customer is responsible for reviewing and validating the behavior, communications, and outputs of its applications and AI agents before using or relying on them. Customer will not represent that communications generated or initiated by an AI agent were generated solely by a human if doing so would be false, misleading, or unlawful.

6. Prohibited Conduct

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. In addition, you will not:

• engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
• use or attempt to use another user’s account without authorization from that user and us;
• impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity;
• sell, resell, sublicense, or otherwise make the Services available to third parties, except as expressly permitted by these Terms or otherwise authorized by Inkbox in writing;
• use the Services to create a competing service, product, or platform, even if you only use that other service internally;
• copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
• modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
• use our Services other than for their intended purpose or in any manner that could interfere with, disrupt, negatively affect, inhibit, damage, disable, overburden, or impair the Services;
• reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
• attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
• use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Services;
• access or use the Services through any application, AI agent, integration, automation, script, or other system in a manner that violates these Terms, the documentation, or any usage limits or technical restrictions we make available;
• send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
• use the Services to make, initiate, send, transmit, or facilitate unlawful, fraudulent, misleading, abusive, harassing, or unlawfully unsolicited calls, text messages, emails, or other communications;
• use the Services to engage in phishing, credential harvesting, social engineering, fraud, impersonation, or deceptive practices;
• use the Services to record, transcribe, monitor, or analyze any communication without all notices, consents, and lawful bases required by applicable law;
• use the Services in violation of any applicable telemarketing, telephone communications, text messaging, email, anti-spam, call recording, privacy, data protection, consumer protection, or marketing law;
• use the Services to contact emergency services or for any emergency, life-safety, or mission-critical purpose;
• probe, scan, test, or attempt to assess the vulnerability of the Services or any Inkbox system or network, except as expressly authorized by Inkbox in writing;
• introduce viruses, malware, worms, Trojan horses, corrupted data, or other harmful, disruptive, or destructive code, files, scripts, agents, or programs;
• share, disclose, or make available API keys, tokens, credentials, or other access credentials except to authorized users or systems under your control;
• use the Services or their outputs to develop, train, or fine-tune any AI or machine learning model that competes with the Services, except that Customer may use its own Customer Data to train or improve its own applications and AI agents;
• bypass or ignore instructions contained in our robots.txt file; or
• use our Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.

Enforcement of this Section 6 is solely at our discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 6 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

7. Ownership; Limited License

As between the parties, Inkbox owns all right, title, and interest in and to the Services, including the websites, web application, APIs, SDKs, documentation, developer tools, software, technology, systems, infrastructure, interfaces, designs, workflows, know-how, and all improvements, modifications, and derivatives of the foregoing. Except for the limited rights expressly granted to Customer under these Terms, Inkbox reserves all rights in and to the Services.

Subject to Customer’s compliance with these Terms, Inkbox grants Customer a limited, nonexclusive, nontransferable, nonsublicensable, revocable license to access and use the Services during the term of these Terms solely for Customer’s internal business, professional, or developer purposes and in accordance with these Terms, the documentation, and any applicable order form or usage limits.

As between the parties, Customer retains ownership of its applications, AI agents, prompts, workflows, configurations, integrations, and other technology that Customer creates or provides for use with the Services. Inkbox does not claim ownership of Customer’s applications or AI agents solely because Customer uses them with the Services. Nothing in these Terms restricts Inkbox from developing, modifying, improving, or offering products, services, features, or functionality that are similar to or compete with Customer’s applications, AI agents, prompts, workflows, configurations, integrations, or other technology, provided that Inkbox does not use Customer Data in breach of these Terms.

8. Trademarks

Inkbox and our logos, our product or service names, our slogans and the look and feel of our Services are our trademarks and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on our Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

9. Feedback

You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about us or our Services (collectively, “Feedback”). You understand that we may use Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in our sole discretion. You waive any so-called “moral rights” or rights of privacy or publicity in the Feedback. You understand that we may treat Feedback as nonconfidential.

10. Fees and Payment

Customer will pay all fees and charges for the Services in accordance with the pricing, plan, checkout page, order form, or other ordering document applicable to Customer’s account or use of the Services. Fees may include subscription fees, usage-based fees, overage fees, taxes, and other charges described at the time of purchase or otherwise made available by Inkbox.

If Customer provides a payment method, Customer authorizes Inkbox and its third-party payment processors to charge that payment method for all fees and charges incurred in connection with Customer’s account. Customer represents and warrants that it is authorized to use any payment method it provides. Payment processing is handled by third-party payment processors, such as Stripe, and Customer’s use of those payment services may be subject to the payment processor’s terms and privacy policy.

Unless otherwise stated in an applicable order form or required by law, all fees are nonrefundable. If Customer purchases a subscription, the subscription will continue for the applicable subscription period and will automatically renew for successive periods unless Customer cancels the subscription before the renewal date or Inkbox terminates the subscription in accordance with these Terms. Cancellation will take effect at the end of the then-current subscription period, and Customer will remain responsible for all fees incurred before cancellation.

Inkbox may suspend or terminate Customer’s access to the Services if any fees are past due, if Customer’s payment method is declined, or if Inkbox is unable to process payment. Customer is responsible for all taxes, duties, levies, and similar governmental assessments associated with Customer’s purchase or use of the Services, other than taxes based on Inkbox’s net income.

11. Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify our designated agent as follows:

Designated Agent: Ruizhi Liao

Address: 313 Potrero Ave, 313B, San Francisco, CA 94103

Telephone Number: (857) 300-8599

E-Mail Address: hello@inkbox.ai

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to us for certain costs and damages.

12. Third-Party Services

The Services may interoperate with, rely on, or provide access to third-party products, services, platforms, models, software, networks, communications providers, payment processors, and other third-party offerings (collectively, “Third-Party Services”). Third-Party Services are not controlled by Inkbox, and Inkbox is not responsible for any Third-Party Services or for any acts, omissions, terms, policies, outages, changes, errors, or failures of any third-party provider. Customer’s use of Third-Party Services may be subject to separate terms, policies, fees, and usage limits imposed by the applicable third party. Customer is solely responsible for complying with those terms, policies, fees, and usage limits. Inkbox does not control or endorse, and makes no representations or warranties regarding, any Third-Party Services. Customer accesses and uses Third-Party Services at its own risk.

13. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless us and our subsidiaries and affiliates, and each of our respective officers, directors, agents, and employees (individually and collectively, the “Inkbox Parties”) from and against any claims, losses, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees (“Claims”) arising out of or related to (a) your access to or use of our Services; (b) your Customer Data, applications, AI agents, prompts, workflows, configurations, integrations, or other systems used with the Services; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another, including intellectual property rights or privacy rights; (e) your violation of applicable law, including laws relating to privacy, data protection, call recording, consent, telemarketing, telephone communications, text messaging, email, marketing, consumer protection, or unfair or deceptive practices; or (f) any dispute between Customer and any third party arising out of communications sent, received, initiated, recorded, transcribed, stored, or otherwise processed through the Services. You agree to cooperate with the Inkbox Parties in defending such Claims. The Inkbox Parties will have the right to control the defense or settlement of any third-party Claim, provided that Inkbox will not settle any Claim in a manner that imposes any admission, payment obligation, or non-monetary obligation on Customer without Customer’s prior written consent.

14. Disclaimers

EXCEPT AS OTHERWISE PROVIDED IN A WRITING BY INKBOX, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. INKBOX DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, COMPLETE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY CUSTOMER DATA, COMMUNICATIONS, TRANSCRIPTS, OUTPUTS, OR RESULTS PROCESSED THROUGH THE SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, OR APPROPRIATE FOR CUSTOMER’S USE CASE. INKBOX DOES NOT CONTROL CUSTOMER’S APPLICATIONS, AI AGENTS, PROMPTS, WORKFLOWS, CONFIGURATIONS, INTEGRATIONS, OR THIRD-PARTY SERVICES, AND INKBOX IS NOT RESPONSIBLE FOR ANY COMMUNICATIONS, ACTIONS, OMISSIONS, DECISIONS, OUTPUTS, OR RESULTS GENERATED BY OR THROUGH THEM. INKBOX DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ANY SYSTEMS USED TO PROVIDE THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CUSTOMER ASSUMES THE RISK ARISING FROM ITS USE OF THE SERVICES AND ITS CUSTOMER DATA, APPLICATIONS, AI AGENTS, INTEGRATIONS, COMMUNICATIONS, AND THIRD-PARTY SERVICES.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INKBOX AND THE OTHER INKBOX PARTIES WILL NOT BE LIABLE TO CUSTOMER UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, SPECIAL, OR ENHANCED DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, EVEN IF INKBOX OR THE OTHER INKBOX PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF INKBOX AND THE OTHER INKBOX PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE FORM OF THE ACTION, WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO INKBOX FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) $100.

THE LIMITATIONS SET FORTH IN THIS SECTION 15 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT OF INKBOX OR THE OTHER INKBOX PARTIES, OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO CUSTOMER.

16. Data Transfers

Inkbox may process, transfer, and store information in the United States and other countries where Inkbox or its service providers operate, subject to these Terms, the Privacy Policy, the DPA where applicable, and applicable law.

17. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. This section explains how you and Inkbox will resolve disputes. Except where prohibited by applicable law, it requires you and Inkbox to resolve most disputes through binding individual arbitration instead of in court before a judge or jury. It also includes a waiver of class-action rights and a waiver of the right to a jury trial. These dispute-resolution terms apply to all claims between you and Inkbox, including claims that arose before or after you accepted any prior version of these Terms.

These Terms evince a transaction involving interstate commerce. The Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), including Section 2, governs the interpretation, enforcement, and all proceedings under this Dispute Resolution Section. The FAA and applicable arbitration-provider rules shall preempt any state law that conflicts with the FAA to the fullest extent permitted by law.

Scope of Arbitration. You and Inkbox agree to resolve all claims through binding individual arbitration, except for (1) intellectual-property (“IP”) Claims and (2) claims that may be brought in small-claims court. IP Claims are claims relating to patents, copyrights, trademarks, trade secrets, or moral rights, and requests for injunctive or equitable relief for alleged unlawful use or infringement of such rights. (IP Claims do not include privacy or publicity claims.) Claims that are not IP Claims but are filed together with IP Claims will be resolved by arbitration. Either party may bring an individual claim in small-claims court, so long as it remains in small-claims court, is not removed or appealed to a court of general jurisdiction, and proceeds only on an individual (non-class, non-representative) basis. Whether a claim falls within a small-claims court’s jurisdictional limits is for that court to decide in the first instance.

Pre-Arbitration Process. Before you or Inkbox may file an arbitration demand or bring a claim in small-claims court, the claiming party must first send the other party a written Pre-Arbitration Notice (“Notice”). Good-faith, informal efforts to resolve claims often produce a faster, lower-cost, and mutually beneficial result. A Notice is “complete” only when it includes all of the following: (1) the claiming party’s full name, mailing address, email address associated with their Inkbox account, country of residence, and (if you are a U.S. resident) state of residence; (2) the name and contact information of the claiming party’s attorney, if the claiming party is represented by counsel; (3) a clear description of the nature and basis of the claim, including the relevant facts giving rise to it; (4) a description of the specific relief sought, including any damages and a detailed calculation of those damages; and (5) a statement personally signed by the claiming party (not solely by their attorney) verifying under penalty of perjury that the contents of the Notice are true and accurate.

The Notice must concern only one party’s claim.

Your Notice to Inkbox must be sent via email to hello@inkbox.ai. Inkbox’s Notice to you will be sent to the email address currently associated with your account.

After the receiving party gets a complete Notice, both parties will work in good faith to resolve the dispute for 60 days from the date the complete Notice is received (“Resolution Period”). The Resolution Period may be extended by written agreement of the parties. During the Resolution Period, either party may request an individualized settlement conference by phone or video. Both parties must personally attend the conference (with counsel for both parties, if represented, invited to attend). A party who cannot attend by video may attend by phone upon a showing of good cause (for example, inability to afford video-capable equipment or insufficient internet access). The parties will cooperate to schedule the conference at the earliest mutually convenient time, which may fall after the 60-day period if the parties agree.

If the dispute is not resolved by the end of the Resolution Period (or any agreed extension), either party may commence arbitration, file in small-claims court, or pursue any other course permitted by these Terms.

Completing the Notice and Resolution Period steps described above is required before commencing any arbitration or small-claims court proceeding. This means that any demand for arbitration (or small-claims petition) must be accompanied by (1) a written certification that the filing party has completed the Notice and Resolution Period steps and (2) the personal signature of the filing party (and their counsel, if represented) on both the demand and the certification.

If there is a question about whether the Notice was sufficient or whether the Resolution Period steps were completed, either party may raise that issue with a court of competent jurisdiction, and any pending arbitration will be stayed. The court has the authority to enforce this required first step, including the power to enjoin the filing, prosecution, or administration of any arbitration filed without completing this process; enjoin the assessment, collection, or invoicing of arbitration fees for any such filing; and award damages for non-compliance.

Unless prohibited by law, the arbitration administrator may not accept, administer, assess, or invoice fees for an arbitration commenced without proof of completion of this process. If an arbitration has already been filed without compliance, it must be administratively closed.

All applicable limitations periods (including any statutes of limitation) and any filing-fee deadlines are tolled from the date a complete Notice is received by the other party until the earlier of (a) the conclusion of the Resolution Period steps (including any agreed extension) or (b) the date the dispute is resolved, withdrawn, or the filing party commences an arbitration or small-claims proceeding after the Resolution Period ends. During any agreed extension of the Resolution Period, tolling continues.

Either party may ask a court for a temporary restraining order or preliminary injunction while the Resolution Period is ongoing, but that party may do so only if waiting would cause them irreparable harm. A court’s authority under this paragraph is strictly limited to granting temporary relief to support the arbitration, small-claims, or other judicial process. The court may not decide the merits (the underlying substance) of the dispute.

Arbitration. Any arbitration will be administered by National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures (and, if applicable, its Supplemental Rules for Mass Arbitration Filings), as modified by these Terms. NAM rules and forms are available at www.namadr.com. If NAM is unavailable or unwilling to administer the arbitration consistent with these Terms, the arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, available at www.adr.org. If neither NAM nor AAA is available, you and Inkbox will either agree on a new arbitration administrator or, if they cannot agree, petition a court of competent jurisdiction to appoint an arbitration administrator that will administer the proceeding consistent with these Terms.

The party starting the arbitration must include all of the following with their demand for arbitration: (1) written certification that the filing party has completed the Pre-Arbitration Process described above, (2) a copy of the Notice previously sent to the other party, (3) a statement that the filing party is bound by these Terms and this Dispute Resolution Section, and (4) personal signatures of the filing party and their counsel (if represented) on both the arbitration demand and the certification. If an arbitration demand does not include all of the above, the arbitration administrator must not accept, administer, or assess fees in connection with that demand, and any such filing will be dismissed without prejudice to refiling after the deficiency is cured.

A court of competent jurisdiction has exclusive authority to decide (1) whether this Dispute Resolution Section is valid, enforceable, or applicable to a particular dispute (gateway issues), (2) whether a dispute can or must be brought in arbitration (arbitrability), (3) whether the Pre-Arbitration Process was satisfied, (4) whether to enjoin the filing, prosecution, or administration of an arbitration or the assessment of arbitration fees, (5) whether claims are “similar” for purposes of triggering the Mass Arbitration procedures below, and (6) any issues specifically reserved for a court elsewhere in these Terms. The arbitrator decides all other issues, including the merits of any properly filed claim, after the Pre-Arbitration Process has been completed. The arbitrator does not have authority to revisit the court’s gateway determinations.

Unless you and Inkbox agree otherwise, or the applicable arbitration rules dictate otherwise, any arbitration hearing involving a claim seeking no more than $15,000 will be held via videoconference with both parties having the option to attend the hearing live. All other hearings will take place in the county or parish of your residence. You and an Inkbox representative must attend any videoconference or in-person arbitration.

At the conclusion of the arbitration, the arbitrator must issue a reasoned written decision that explains the essential findings and conclusions supporting or rejecting any award. The arbitrator’s decision is binding only on the parties to that arbitration and has no precedential effect in any other proceeding involving a different party. An award that has been fully satisfied may not be entered in any court.

By signing and filing an arbitration demand or any submission in the arbitration, each party and their counsel (if represented) certify that, to the best of their knowledge, information, and belief formed after an inquiry reasonable under the circumstances, (1) the filing is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or establishing new law; and (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The arbitrator is authorized to impose any sanctions available under the arbitration rules, applicable federal or state law, or standards analogous to those set forth in Federal Rule of Civil Procedure 11. Sanctions may include an award of the opposing party’s reasonable attorney fees, costs, and expenses and reallocation of arbitration fees. The arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorney fees and costs, consistent with applicable law.

Arbitration Fees. The payment of arbitration fees (the fees imposed by the arbitration administrator including filing, arbitrator, and hearing fees) will be governed by the applicable arbitration rules and applicable law. You and Inkbox agree that arbitration should be cost effective for all parties and that any party may engage with the arbitration administrator to address the reduction or deferral of fees.

Confidentiality. Except as required by law, all non-public, proprietary, or confidential information exchanged in connection with an arbitration—including the existence of the arbitration, submissions, evidence, and any award—must be kept confidential and may be used only for purposes of the arbitration or any proceeding to confirm, enforce, or challenge the award. If disclosure is required by law, the disclosing party will, to the extent allowed, seek confidential treatment (such as filing under seal) and limit disclosure to the minimum necessary. The foregoing confidentiality obligations are subject to the limited exception set forth in the Mass Arbitration section below.

Offer of Settlement. In any arbitration, the defending party may make a written settlement offer at any time before the arbitrator issues a decision. If the party bringing the claim rejects the settlement offer within 7 days after receiving it and does not obtain a more favorable result in the arbitration, the party bringing the claim must pay the defending party’s costs incurred after the offer was received, including arbitration fees, to the extent permitted by applicable law. The fact and terms of the settlement offer may not be disclosed to the arbitrator until after the arbitrator issues a decision.

Individual Claims. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND INKBOX AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both you and Inkbox agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class, collective, consolidated, or representative proceeding.

Notwithstanding the foregoing, and only to the extent required by applicable law, if a claim is asserted that includes a request for public injunctive relief (meaning injunctive relief that is primarily for the benefit of the general public and not solely for the benefit of the individual party), the parties agree that all issues other than the request for public injunctive relief shall be resolved in arbitration first (unless the claim is not subject to arbitration or is properly brought in small-claims court). Following the issuance of any final award on the arbitrable claims, any request for public injunctive relief shall be decided by a court of competent jurisdiction, to the extent required by applicable law. The court shall be bound by the findings of fact and conclusions of law made by the arbitrator to the fullest extent permitted by law.

Similarly, if, after all appeals have been exhausted (or the decision is otherwise final), a court determines that any of the prohibitions on non-individualized relief or class, collective, consolidated, or representative proceedings are unenforceable with respect to a particular claim or request for relief, then (1) that particular claim or request for relief will be severed and may proceed in a court of competent jurisdiction; (2) all other claims that remain subject to arbitration on an individual basis must be arbitrated first, and the court proceedings on the non-arbitrable claim(s) will be stayed pending the completion of that arbitration; (3) any portion of the class/representative waiver that is enforceable will continue to be enforced in arbitration; and (4) the court will be bound by the arbitrator’s findings of fact and conclusions of law to the fullest extent permitted by law.

You agree that any arbitrations between you and Inkbox will be subject to this Dispute Resolution Section and not to any prior arbitration agreement you had with Inkbox and, notwithstanding any provision in these Terms to the contrary, you agree that this Dispute Resolution Section amends any prior arbitration agreement you had with Inkbox, including with respect to claims that arose before this or any prior arbitration agreement.

Mass Arbitration. If, at any time, 25 or more claimants submit Notices or seek to file demands for arbitration raising similar claims against the other party or related parties by the same or coordinated counsel or entities (“Mass Arbitration”), then you and Inkbox agree that the additional procedures set forth below shall apply. Claims are “similar” if they arise from the same or substantially similar facts, transactions, or legal theories, even if the claimants allege different individual damages. The parties agree that throughout this process, their counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Arbitration proceeding. The parties acknowledge and agree that by electing to participate in a Mass Arbitration proceeding, the adjudication of their claim might be delayed but that reasonable efforts will be made to minimize any delays. Any applicable limitations period (including statutes of limitation) and any filing-fee deadlines shall be tolled beginning when the Notice and Pre-Arbitration Process are initiated, so long as the Notice complies with the requirements in this Dispute Resolution Section, until a claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.

Stage One. Counsel for the parties shall each select 10 claims per side (20 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. The outcomes and rulings of these Stage One arbitrations shall have no precedential or binding effect on any remaining claims. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process.

Stage Two. After the Stage One arbitrations are completed (or sooner if the parties agree in writing), the remaining parties must engage in a single global mediation of all remaining claims, with the mediator’s fee paid by Inkbox. The parties must agree on a mediator within 30 days after the conclusion of the last Stage One arbitration. If the parties cannot agree on a mediator within 30 days, the arbitration administrator will appoint a mediator as an administrative matter. All parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed. Notwithstanding the confidentiality obligations set forth above, the outcomes and awards from Stage One arbitrations may be shared with all parties participating in the Mass Arbitration and their counsel for purposes of the Stage Two mediation and any subsequent stage of the Mass Arbitration process described in this section.

Stage Three. If the Stage Two mediation does not resolve all remaining claims, the arbitration requirement in this Dispute Resolution Section will no longer apply to any party with a claim for which a timely and complete Notice was submitted and who completed the Pre-Arbitration Process. Any such party with an unresolved claim may pursue that claim in court, not in arbitration. These parties may bring their claims in court either individually or as part of a joint or consolidated action. However, to the fullest extent permitted by applicable law, any joint or consolidated court action may include only those claimants in Mass Arbitration proceedings who submitted a timely and complete Notice and completed the Pre-Arbitration Process.

A court of competent jurisdiction shall have the authority to enforce these Mass Arbitration provisions and, if necessary, to enjoin the mass arbitration, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to a claim, and a court of competent jurisdiction determines that they are not enforceable as to that claim, then that claim shall proceed in a court of competent jurisdiction otherwise consistent with these Terms. You and Inkbox agree that you each value the integrity and efficiency of arbitration and wish to employ the process for the fair resolution of genuine and sincere claims between you and Inkbox. You and Inkbox acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. You and Inkbox further agree that application of these Mass Arbitration proceedings has been reasonably designed to result in an efficient and fair adjudication of such cases.

Opt Out. You may opt out of the arbitration requirements of this Dispute Resolution Section by sending written notice of your decision to opt out to hello@inkbox.ai within 30 days of first agreeing to these Terms. Such notice must include (1) your name, (2) your contact information (including email address, mailing address, and telephone number), and (3) a statement that you wish to opt out of requirements to arbitrate and instead agree to resolve claims in court. If you do not timely send such notice of opting out of arbitration, then you agree to be bound by this Dispute Resolution Section’s arbitration requirements. If you opt out, the opt-out applies only to this Dispute Resolution Section’s arbitration requirements and does not affect any other provision of these Terms (including the class-action waiver and jury-trial waiver, which remain in effect to the fullest extent permitted by law). If you opt out and a dispute is already pending at the time of your opt-out, your opt-out will apply to that pending dispute to the extent permitted by applicable law.

Severability. If any portion of this Section 17 is found to be unenforceable or unlawful for any reason (except as specifically provided above regarding class/representative waiver severability), then (1) the unenforceable provision will be severed from these Terms; (2) severance will not affect the remainder of this Dispute Resolution Section or the parties’ ability to compel arbitration of remaining claims on an individual basis; (3) to the extent any claims must proceed on a class, collective, consolidated, or representative basis, those claims must be litigated in a civil court of competent jurisdiction (not in arbitration), and the parties agree that litigation of those claims will be stayed pending the outcome of any individual claims in arbitration; and (4) if this specific severability paragraph is found unenforceable, the entirety of the arbitration provision (except for the Pre-Arbitration Process) will be null and void.

This Dispute Resolution Section will survive the termination of these Terms and your relationship with Inkbox.

18. Class Action Waiver and Jury Trial Waiver

You and Inkbox agree that, to the fullest extent permitted by law, (1) each party may bring claims against the other only in their individual capacity—not as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding, whether in court or in arbitration; (2) neither party may bring a claim on behalf of a class or group, or on behalf of any other person (unless acting as a parent, guardian, or ward of a minor or someone who cannot bring their own claim); (3) neither party may participate in any class, collective, consolidated, private attorney general, or representative proceeding brought by a third party—except that you and Inkbox may participate in a class-wide settlement; and (4) both parties waive the right to a jury trial.

This class action waiver is intended to be enforceable to the fullest extent permitted by law, regardless of the enforceability of the arbitration provision itself. The jury trial waiver remains in effect even if the arbitration provision is found unenforceable. If this waiver is found unenforceable for a particular claim, that claim shall proceed in court after all arbitrable claims are resolved in arbitration. This Class Action Waiver and Jury Trial Waiver will survive the termination of these Terms and your relationship with Inkbox.

19. Governing Law and Venue

Any dispute arising from these Terms and your use of our Services will be governed by and construed and enforced in accordance with the laws of the State of Delaware, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles, whether of the State of Delaware or any other jurisdiction, that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Delaware.

20. Suspension, Modification, and Termination

We may modify, suspend, or discontinue all or any part of the Services at any time. We may also suspend or terminate Customer’s access to the Services, in whole or in part, if we reasonably believe that: (a) Customer has violated these Terms; (b) Customer’s account is past due; (c) Customer’s use of the Services creates a security risk, legal risk, or risk of harm to Inkbox, the Services, any third-party provider, or any other person; (d) Customer’s use of the Services may violate applicable law or third-party provider rules or policies; (e) suspension is necessary to protect the availability, integrity, or security of the Services; or (f) suspension is required by applicable law or requested by a third-party provider. Customer may stop using the Services at any time. We are not responsible for any loss or harm related to Customer’s inability to access or use the Services, except to the extent caused by our breach of these Terms.

21. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

22. Electronic Communications

When you use the Services or send emails, messages, or other communications to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.

23. Consent to Receive Calls and Text Messages

By providing a telephone number to Inkbox, Customer consents to receive calls and text messages from or on behalf of Inkbox at that number, including administrative, transactional, account-related, and service-related messages regarding the Services. Message and data rates may apply, and message frequency may vary. Customer may opt out of receiving text messages from Inkbox by replying STOP to any text message from Inkbox or by contacting Inkbox at hello@inkbox.ai. After Customer opts out, Inkbox may send a confirmation message and may continue to send non-marketing communications to the extent permitted by applicable law. Opting out of certain communications may affect Customer’s ability to use certain features of the Services.

This Section 23 applies only to calls and text messages sent by or on behalf of Inkbox to Customer. It does not apply to calls, text messages, emails, or other communications sent, initiated, received, or processed by Customer or Customer’s applications, AI agents, integrations, or other systems through the Services.

24. Contact Us

If you have any inquiries regarding the Services, including technical support, you may contact us as follows:

Mailing Address:

Inkbox 313 Potrero Ave, 313B,

San Francisco, CA 94103

Email: hello@inkbox.ai

Phone: (857) 300-8599

25. Miscellaneous

These Terms constitute the entire agreement between you and us relating to your access to and use of our Services. Notwithstanding any other provisions of these Terms, Sections 1, 3, 4, 7 except for the license and rights granted, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and this 25 survive any expiration or termination of these Terms. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. These Terms may not be transferred, assigned, or delegated by you, by operation of law or otherwise, without our prior written consent, and any attempted transfer, assignment, or delegation without such consent will be void and without effect. We may freely transfer, assign, or delegate these Terms or our Services, in whole or in part, without your prior written consent.