Who we are, and who these terms are for
InkTrail is an online tool that lets studios (tattoo, piercing and similar businesses) have their clients read and sign forms such as consent and release forms. It is run by InkTrail (operated by [SENSITIVE]), in British Columbia, Canada (“InkTrail”, “we”, “us”).
These terms are an agreement between InkTrail and each studio that uses it, including the people the studio invites to its account (“the studio”, “you”). They do not bind the clients who sign a studio's forms; the section for them below is information only. How we handle personal information is in the privacy policy.
A free beta, provided as-is
InkTrail is in a free beta. No fees are charged. It is provided as-is and as available and may have errors, without any warranty, promise or guarantee of any kind, express or implied — including that it will be uninterrupted, error-free, fit for a particular purpose, or that your forms will be legally effective. Keep your own copies of anything important.
Changes, and the end of the beta
We may change InkTrail or these terms. Small changes take effect when they are posted here. For a significant change we will tell you by email or in the app beforehand, and ask you to agree again when you next sign in. Urgent changes needed for security, to meet the law, or to stop abuse may take effect without notice.
We may end the beta. We will give at least 30 days' notice before it ends. If it has to end sooner for reasons outside our control, you will still have 30 days to export your signed records.
The studio owns its forms and its clients' information
The studio owns its forms and the information its clients give through them, and controls it. You give us permission to store, copy and display that content only to run InkTrail for you. We follow your reasonable instructions about your clients' information. We do not sell it, and we do not use it for our own or anyone else's marketing.
InkTrail is not a law firm
InkTrail is not a law firm and does not give legal advice. Any sample wording is a starting point only. The studio is solely responsible for the wording of its forms, for whether they are valid and enforceable where it operates, for being satisfied that electronic signing suits its forms, and for meeting the rules that apply to its business, including health, licensing and privacy rules. If you need advice about your forms, ask a lawyer.
The studio's responsibilities
- You have your clients' consent, and are otherwise allowed, to collect and use the information your forms ask for, and you give your clients the notice their privacy law requires.
- If your forms ask clients to agree to hear from you (the marketing opt-in), you are responsible for meeting Canada's anti-spam law (CASL) and any similar law when you contact them.
- InkTrail is not yet designed for health information. If your forms ask health questions, you are responsible for deciding that is appropriate; we protect all form content the same way.
- Signers must have reached the age of majority where they sign(19 in British Columbia). InkTrail does not check age: checking a signer's age and identity is yours.
- You keep your account details and sign-in codes private, and tell us if you think someone else has used them.
- The people you invite to your studio follow these terms.
Acceptable use
Do not use InkTrail to:
- break any law, or collect information you are not allowed to collect;
- mislead signers, or have someone sign on another person's behalf;
- send spam or unsolicited marketing, or upload malware or unlawful content;
- try to get into accounts or data that are not yours, probe or overload the service, or get around its limits or security;
- copy, resell or rebuild InkTrail.
We may suspend an account, or part of the service, to protect InkTrail, other studios or signers, or when these terms are broken, and close an account that seriously or repeatedly breaks them. We will tell you why where we reasonably can.
Feedback
If you send us ideas or feedback, we may use them to improve InkTrail, without owing you anything for them.
Your data, and deletion
You can ask us at any time to delete your studio's account and data; we do it by hand within 30 days of the request and confirm by email. When the beta ends, or if we close an account, you have 30 days to export your signed records first, unless the law requires us to act sooner or keep something longer. The privacy policy says what is kept and for how long.
Limit of liability
This section applies between InkTrail and the studio. Because the beta is free and no fees are paid, to the maximum extent allowed by law: InkTrail and its operator are not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill; and our total liability for all claims relating to InkTrail is limited to CAD $100.
This does not limit liability for fraud, gross negligence or wilful misconduct, or any liability the law does not allow to be limited.
The studio is responsible for claims that arise from its forms, its use of InkTrail, or information it collected without the right to do so, and agrees to cover InkTrail's reasonable costs of such claims.
Law, and the rest of the agreement
These terms are governed by the laws of British Columbia and the federal laws of Canada that apply there. The courts of British Columbia have jurisdiction over any dispute about them.
If any part of these terms is found unenforceable, the rest still applies. These terms and the privacy policy are the entire agreement between InkTrail and the studio about the beta.
If you are signing a studio's form
This section is information for signers. A signer's agreement is with the studio, not with InkTrail: the studio decides what its form says and what information it asks for, and is responsible for that information. InkTrail handles it for the studio, as described in the privacy policy. A signer with a question about the form or their information should ask the studio first.
Contact
Questions, feedback or notices: [SENSITIVE].