Terms of Use

Effective as of: October 21, 2024

Welcome to Ink AI!

Please read these Terms of Use (the “Terms”) and our Privacy Notice (“Privacy Notice”) available at the link: https://ink-ai.app/privacy carefully before using the services offered by Reface Europe UAB, a legal entity incorporated under the laws of the Republic of Lithuania, registration number 306110360, (also “Ink AI”, “we”, “us”). These Terms constitute a legally binding agreement between Ink AI and user (also “you”, “your”), which regulates your use of (a) the website located at web.ink-ai.app, https://start.ink-ai.app/ (the “Site”) and (b) the services accessible via Ink AI mobile application (“App”). To make these Terms easier to read, our services and App are collectively referred to as the “Services”.

By using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.

Please also note that we will use commercially reasonable efforts to ensure that the Services are free from defects, viruses and other malicious content. We do not promise that the Services are compatible with any third-party software or equipment.

  1. Description of Services

The Ink AI Services comprises an online synthetic media application with an artificial intelligence technology where users may virtually try on tattoo sketches and instantly see how these tattoos fit themselves.

  1. Create a tattoo. You may type in your tattoo idea, choose a style for the tattoo from the available options and Ink AI algorithms will generate a tattoo sketch based on your prompt. Additionally, you may use the “Surprise Me” feature, which randomly generates tattoo prompts and associated designs (“Generated Content”). After that, you can click the “Try on” button to apply a generated tattoo to the surface you chose or the picture from your gallery or any other similar option.
  2. Portrait into Tattoo. You may upload a photo of a person and generate a tattoo based on this image using Ink AI technology. If you upload a photo of your pet, the AI technology will most likely not recognize the input image correctly. After that, you can click the “Try on” button to apply a generated tattoo to the surface you chose or the picture from your gallery or any other similar option. Ink AI algorithms will apply a generated tattoo sketch to your picture. Please note that this feature is not available for users located in the State of Illinois (USA).
  3. Try On. You can upload your own tattoo sketch on a white background and virtually try it on a body. While you cannot edit or modify the sketch within the App, you can rotate, scale, and adjust its placement. The App allows you to work with multiple uploaded sketches.
  4. Upload. For all the above features, you may upload a photo from your device’s gallery or take a new photo of yourself to virtually try on the generated tattoo. The size and placement of the tattoo can be adjusted according to your preferences.
  5. Share & Download. You may share the Generated Content with others via social media, e-mail or otherwise via the functionality of the Services. You can also save a generated tattoo to the gallery on your device. You understand and agree that if you choose to share the Generated Content, it becomes publicly available.
  6. Scope of the Services. Ink AI reserves the right to change the functionality of the Services and introduce prices and fees applicable to the Services at any time for any reason in its sole discretion and without advance notice.
  7. Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you understand and acknowledge that we, at our sole discretion, may use, modify, adapt, reproduce, distribute, display, perform, or otherwise exploit the Feedback you provide, without any obligation to compensate you, provide attribution, or obtain your consent. This grant is irrevocable, perpetual, worldwide, royalty-free, sublicensable, and transferable. You also acknowledge that we have no obligation to treat the Feedback as confidential information or intellectual property and we are under no obligation to implement, respond to, or otherwise act upon the Feedback you provide.

  1. Who Can Use the Service

You must be at least sixteen (16) years of age (or such other minimum age, either lower or higher, at which you can provide consent to data processing under the laws of your territory), and not otherwise barred from using the Services under applicable law to access or use our Services.

  1. Ink AI Content

  1. Ink AI Content. Our Services and Ink AI’s proprietary text, graphics, images, illustrations, trademarks, trade names, page headers, button icons, scripts and other content contained therein (“Ink AI Content”) are owned by Ink AI or its subsidiaries or affiliated companies, and is protected by copyright, patent, trade secret and other intellectual property laws. Except as explicitly stated in these Terms, Ink AI reserves all rights in and to our Services.
  2. License. If you comply with these Terms, Ink AI hereby grants you a limited, worldwide, royalty-free, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your own personal non-commercial purposes.
  3. Use Restrictions. Except as expressly permitted in these Terms, you may not: (a) sell or commercially use any part of our Services; (b) copy, reproduce, distribute, publicly perform or publicly display any part of our Services; (c) modify or create derivative works based on our Services, including, without limitation, removing any proprietary rights notices; (d) reverse engineer, decompile, disassemble or attempt to extract the source code of the Services (unless applicable law permits, despite this limitation); (e) distribute, transfer, sublicense, lease, lend or rent the Services to any third party; or (f) use our Services other than as expressly provided in these Terms.
  4. Third-Party Content. The licenses granted to you by Ink AI does not cover any third-party content that might be available on the Services. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted to you under these Terms.

  1. Generated Content and User Content

  1. Posting Content. Our Services allow you to store, share or otherwise make available the Generated Content (other than the Feedback) outside the App. Ink AI does not claim ownership rights in any Generated Content and/or in any content you upload to the App, such as photos, pictures and textual prompts (“User Content”), and nothing in these Terms will be deemed to restrict any rights that you may have to your Generated Content and/or the User Content.
  2. Your Representations and Warranties. You represent and warrant to us that you have (and will have during each use of the Service) all rights that are necessary to grant us the license rights to the User Content under these Terms. You represent and warrant to us that neither your User Content, nor your use and provision of your Generated Content to be made available through the Services, nor any use of your User Content and/or Generated Content by Ink AI on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
  3. Your Responsibility for User Content and Generated Content. You hereby acknowledge that you are solely responsible for your User Content and Generated Content. The information and materials in the Generated Content, including Generated Content, including User Content, have not been verified or approved by us. We accept no liability in respect of any User Content submitted by users.
  4. Sharing Generated Content. If you share the Generated Content publicly, you acknowledge that such content will be accessible to others. Any such content will be considered non-confidential and non-proprietary. Please do not share any Generated Content that you do not want to be publicly accessible or viewable.

  1. Prohibited Conduct and Content

Ink AI is an inclusive platform created exclusively for entertaining purposes and we want users to have fun in a safe space using the Services. We explicitly prohibit any harassment, bullying, or stalking and make every effort to build a safe and supportive environment for our community. By accessing and/or using the Services, you hereby agree to comply with the Community Guidelines. We encourage our community to report any content that they see on the Services that they believe contradicts or violates these guidelines via our in-app “Contact Support” button  or by email hey@ink-ai.app.

  1. Monitoring of Content

Ink AI is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. Without limiting the foregoing, Ink AI may remove, at any time and without notice, any material that Ink AI, in its sole discretion, finds to be in violation of these Terms or otherwise objectionable. If you have noticed any violation of these Terms from your perspective, content of any nature whatsoever, please use in-app report form or contact us via our “Contact Support” button or hey@ink-ai.app. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

  1. Fees and Payments

  1. General. Ink AI requires payment of a fee for use of certain features or functions of the Services (the “PRO Features”) using the payment method permitted by the rules of the respective platform. You have the option of making one-time payment (the “One-Time Payment”) or purchase a subscription (the “Subscription”) for such use. Whether you make a One-Time Payment or purchase a Subscription (the “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit/debit card number, the expiration date of your credit/debit card, your email and postal addresses for billing and notification (such information, the “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties to charge your payment method for the Transaction you have selected (plus any applicable taxes and other charges, if any). You may need to provide additional information to verify your identity before completing your purchase. By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms.
  2. Subscriptions. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE INK AI TO INITIATE RECURRING, NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our third-party payment processor) will charge you the Subscription fee posted on the Services, plus any applicable taxes, and other charges (the “Subscription Fee”) at the beginning of your Subscription, and then at the frequency thereafter that is indicated on the Services and/or in these Terms at the then-current Subscription Fee, using the Payment Information you have provided until you cancel your Subscription. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Ink AI. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms.
  3. Free Trial. We may offer new users free Subscription access to the PRO Features for a time period posted on the Services that you can use to try some paid features and functionality before paying any fee (the “Free Trial”). If you decide that you do not want to become a paying user of the Services, you must cancel the applicable Subscription within twenty-four (24) hours before your Free Trial expires. If you do not cancel the applicable Subscription within twenty-four (24) hours before your Free Trial expires, Ink AI will automatically charge you for the applicable Subscription pursuant to Section 7b above.
  4. Cancelling Your Subscription and Claiming Refund. If you are dissatisfied with the PRO Features, you may cancel a Subscription for a full refund within two (2) calendar days of your initial purchase. As soon as this term expires, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND /OR RECEIVE A REFUND OF YOUR ONE-TIME PAYMENT OR SUBSCRIPTION FEE AT ANY TIME Please note that you may cancel your Subscription at any time, but such cancellation will be effective at the end of the then-current Subscription period. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then-current Subscription period and will then terminate without further charges.

Cancelation instructions 

To cancel your subscription, please follow one of these instructions

For iOS

(App Store payment):

  1. Open the Settings app on your iPhone or iPad.
  2. Tap on your name at the top, then select Subscriptions.
  3. Locate the subscription you want to cancel from the list.
  4. Tap the subscription and select Cancel Subscription.
  5. Confirm your cancellation.

  (Web payment):

  1. To cancel your Subscription purchased via a third-party payment provider used by InkAI from time to time, please email us at hey@ink-ai.app.

 For Android (Google Play Store):

  1. Open the Google Play Store app on your device.
  2. Tap on your profile icon in the top-right corner.
  3. Select Payments & Subscriptions, then tap Subscriptions.
  4. Find the subscription you want to cancel and select it.
  5. Tap Cancel Subscription and follow the prompts to confirm.

PLEASE NOTE THAT DELETING THE APP FROM YOUR DEVICE DOES NOT AUTOMATICALLY CANCEL YOUR SUBSCRIPTION.

Refund instructions

To claim a refund for your subscription, please, choose an appropriate instruction:

Android: https://support.google.com/googleplay?p=refundAWF

iOS (AppStore payment): https://support.apple.com/en-us/118223

iOS (Web payment): To receive a refund for the Subscription purchased via a third-party payment provider used by InkAI from time to time, please email us at hey@ink-ai.app.

  1. Copyright Policy

Ink AI respects copyright law and expects its users to do the same. It is Ink AI’s policy to suspend the use of the Services in appropriate circumstances for those who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

  1. Indemnification

You hereby agree to indemnify and hold Ink AI, any of its officers, directors, personnel (irrespective of the form of engagement) and agents and its affiliated and related entities, harmless from and against any claims, disputes, costs, losses, liabilities, damages, expenses and judgments of any and every kind, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your Generated Content, or (c) your violation of these Terms.

  1. Privacy

Ink AI respects your privacy and has established certain policies and procedures relating to the collection and use of your personal information. Please check our Privacy Notice to be aware of how we collect, use and share your personal information when you use our Services.

  1. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.

Generative AI is an evolving technology that can occasionally produce unpredictable results. At Ink AI, we have dedicated teams working to minimize potential risks and ensure the highest standard of results. Should you encounter any Generated Content that you deem offensive, harmful, defamatory, or in violation of our Terms and/or Community Guidelines, we urge you to report it via the in-app report or reach out to us directly at hey@ink-ai.app.

PLEASE ALSO NOTE THE INK AI IS INTENDED SOLELY FOR ENTERTAINMENT PURPOSES AND SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR MEDICAL ADVICE OR PROFESSIONAL TATTOO CONSULTATIONS. WE STRONGLY ADVISE CONSULTING WITH A MEDICAL PROFESSIONAL AND/OR OTHER RELEVANT SPECIALISTS BEFORE PROCEEDING WITH AN ACTUAL TATTOO ON YOUR BODY.

  1. Your Representations and Warranties

By using our Services, you represent and warrant that:

  1. Eligibility. You are at least sixteen (16) years old or another age of majority in your jurisdiction of residence and have the legal capacity to enter into and be bound by these Terms.
  2. Compliance with Laws. Your use of our Services complies with all applicable laws, regulations, and ordinances in your jurisdiction, including but not limited to intellectual property, data protection, and privacy laws.
  3. No Infringement. Neither your Generated Content, nor your use and provision of your Generated Content to be made available publicly will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
  4. No Harmful Content. You will not use the Services to upload, share, or generate any content that is harmful, harassing, defamatory, offensive, obscene, or otherwise objectionable, or that promotes or incites violence, discrimination, or illegal activities.
  5. Accurate Information. All information you provide to us, including but not limited to registration data, Payment Information, and any other personal information, is true, accurate, complete, and up-to-date.
  6. No Misuse of the Services. You will not use the Services in any manner that could damage, disable, overburden, or impair the Services, or interfere with any other party's use and enjoyment of the Services.

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER INK AI NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT INK AI OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL INK AI’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO COMAPNY FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO COMAPANY AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INK AI AND YOU.

  1. Links to Third Party Websites

The Services may contain links to third-party websites, services, and other resources. Please note, their presence does not mean that they are recommended by Ink AI and Ink AI does not guarantee their safety and conformity with any of your expectations. Ink AI is not responsible for maintaining any materials referenced from another website and makes no warranties for that website or respective service. Ink AI assumes no obligations in the event of any damage or loss, or any other impact, directly or indirectly resulting from the use of any content, goods or services available on or through any such third-party websites and services.

  1. Governing Law and Dispute Resolution

  1. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by, construed, and enforced in accordance with the laws of the Republic of Lithuania, without regard to its conflict of law provisions.
  2. Disputes Resolution. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, the “Disputes”) will be solved by the competent courts of the Republic of Lithuania. You hereby irrevocably consent and submit to the exclusive jurisdiction of such courts in any such action or proceeding and waive any objection you may have to the venue or inconvenience of such forum. We each agree that the laws of the Republic of Lithuania govern the interpretation and enforcement of these Terms, and that you and Ink AI are each waiving the right to a trial by jury or to participate in a group action.
  3. Group Action Waiver. YOU AND INK AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR GROUP MEMBER IN ANY PURPORTED GROUP OR REPRESENTATIVE PROCEEDING.

  1. Changes to our Terms

To improve the quality of the Services, to comply with legal requirements and to respond to changes in market conditions we may update and change these Terms from time to time. The new version of the Terms comes into force from the moment of its placement on the Services. In this case, we undertake to notify you of the changes altering the content of these Terms by posting a notice on the Services or by sending it to you via in-App notification at least fifteen (15) calendar days prior to such changes. During that period, you have a right to agree or disagree with them. The period of such notice may be extended at our discretion in case of significant changes or may be reduced if such changes are required by national law. By continuing to use the Services, you accept these Terms. Ensure that you read these Terms each time you wish to use our Services. If you refuse to accept updates, you should not visit the App and use the Services. For some changes or updates of these Terms that we need to make in connection with security, legal or regulatory requirements, we may not be able to notify you in advance, but we will notify you afterwards as soon as possible.

  1. Termination

We may suspend or terminate your access to and use of the Services at our sole discretion, at any time and without notice to you. If you have any questions regarding the Services and/or your account, please email us at hey@ink-ai.app.Upon any termination, discontinuation or cancellation of the Services the following Sections will survive: 3(a), 4(b), 4(c), 4(e), 5, 7 (only for payments due and owing to Ink AI prior to the termination) 9, 11, 12, 13, 15, 16, and 19.

  1. Rights and Terms for Apps

This Section applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services 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 App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (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 or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, 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 thereof. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been 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. You must also comply with any applicable third-party terms of service when using the App.

  1. General Terms

  1. Entire Agreement and Severability. These Terms constitute the entire and exclusive understanding and agreement between Ink AI and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Ink AI and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Ink AI’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Ink AI may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
  2. Notices. Any notices or other communications provided by Ink AI under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
  3. Waiver of Rights. Ink AI’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Ink AI. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

  1. Contacts

We hope these Terms helped you to understand how the Services work and be sure everything is foreseeable and safe while using it. If you have any questions regarding the use of Services or regarding these Terms, please contact us at hey@ink-ai.app.

Ink AI team