Terms & Conditions

Effective Date: October 6, 2025

These Terms & Conditions (“Terms”) govern your access to and use of the Inkless electronic signature and document services, websites and related applications (collectively, the “Service”). “Inkless”, “we”, “our” and “us” refer to Inkless Ltd, a company incorporated in England and Wales. By using the Service, you agree to these Terms. If you are accepting on behalf of an organisation, you represent that you are authorised to bind that organisation.

1. Definitions

• “Account” means your registered user or organisation account.
• “Customer Content” means documents, templates, data, signatures, images, and other materials you upload or generate through the Service.
• “Envelope” means a document or set of documents sent for signature.
• “Signatory” means a natural person invited to sign or otherwise interact with an Envelope.
• “Applicable Law” includes eIDAS (EU) & UK-eIDAS, the ESIGN Act (US), UETA (US), the UK Data Protection Act 2018 and GDPR, as relevant.

2. Using the Service

• You must provide accurate Account information and keep credentials secure. You are responsible for all activity under your Account.
• You must comply with these Terms, any posted policies, and Applicable Law. You will ensure your Signatories are legally entitled to sign and you will not use the Service for unlawful, misleading or harmful purposes.
• You must obtain all consents and provide all notices required to process personal data in the Service.

3. Electronic Signatures & Records

The Service supports generation and collection of electronic signatures and associated records. Depending on configuration and your subscription, signatures may be captured at varying assurance levels (e.g., simple or advanced under eIDAS/UK-eIDAS). Where supported and configured with a qualified trust service provider, qualified electronic time stamps may be applied.

• No legal advice. Inkless is not a law firm and does not provide legal advice. You are responsible for determining whether electronic signatures are appropriate and enforceable for your particular document, counterparty, jurisdiction and use case.
• Assurance level. Unless expressly stated in your Order/Subscription and properly configured (including identity verification and qualified trust services), signatures captured are not Qualified Electronic Signatures (QES).
• Coverage. A signature “covers” the document according to the field & policy configuration applied at signing (e.g., DocMDP permissions). Subsequent, system-generated LTV or time-stamping revisions do not alter the signed content.

4. Customer Content & Responsibility

• You own your Customer Content. You grant Inkless a limited, non-exclusive, worldwide licence to host, process, transmit and display Customer Content solely to provide and support the Service.
• You are responsible for your documents. You are solely responsible for the content, legality, accuracy, and enforceability of your documents and the consequences of sending, executing, or relying upon them. Inkless is not accountable if a document is legally unenforceable, void, or voidable, or if its use is prohibited by law or by contract.
• Prohibited Content. You must not upload or send content that is unlawful, defamatory, offensive, infringes third-party rights, or contains malware.
• Retention. Unless otherwise specified, Inkless retains documents and related data for up to one (1) year after completion for operational and evidentiary purposes, after which they may be deleted. You are responsible for exporting and retaining your own copies.

5. Audit Trail, LTV & Time Stamping

The Service may generate an audit trail and apply Long-Term Validation (LTV) data and/or RFC 3161 time stamps via third-party Time-Stamping Authorities (TSAs).

• Evidence record. The audit trail is intended to provide technical evidence of events (e.g., access, IP, user agent, signature actions). It is not a guarantee of identity or capacity and may be subject to court scrutiny.
• Third-party trust services. LTV and TSA services are provided by external trusted providers. Availability and validation depend on those providers and on relying-party software (e.g., PDF validators).
• No absolute guarantee. While we implement industry practices, Inkless does not guarantee that any specific relying party (court, counterparty, software) will accept or validate a given signature, certificate chain, revocation status, or time stamp.

6. Third-Party Services

The Service may rely on or integrate with third-party services, such as certificate authorities, TSAs, email delivery providers, identity verification services, cloud infrastructure, and PDF toolchains. We are not responsible for third-party failures but will use reasonable efforts to maintain integrations and provide workarounds.

7. Privacy & Data Protection

Processing of personal data is governed by our Privacy Policy and, where applicable, a Data Processing Addendum (DPA). You are the controller for Customer Content personal data; Inkless acts as a processor (or service provider) as defined by Applicable Law, except where we act as an independent controller (e.g., for security telemetry, anti-abuse).

• You must not upload special categories of personal data unless you have a lawful basis and have configured the Service appropriately.
• You will ensure lawful transfer mechanisms for cross-border data transfers if required.

8. Security

• Inkless implements administrative, technical and physical safeguards designed to protect Customer Content (including encryption at rest and in transit, access controls, and logging).
• You must implement reasonable security in your environment (e.g., account hygiene, MFA, endpoint protections, secure storage of exports).
• You must promptly notify us of any suspected compromise of your Account or signing links.

9. Acceptable Use

• No unlawful, harmful, or fraudulent activity; no infringement of third-party rights.
• No interference with the Service or circumvention of security or rate limits.
• No uploading of malware or use of the Service for sending spam or unlawful marketing.

10. Fees & Taxes

Paid plans are billed per your Order or Subscription. Fees are non-refundable except as expressly stated. You are responsible for taxes and government charges, excluding taxes based on Inkless’s income.

11. Service Levels & Support

We aim to provide a reliable Service. From time to time, maintenance or third-party dependencies may affect availability or validation of certificates or time stamps. We will use commercially reasonable efforts to resolve issues and provide support per your plan.

12. Suspension & Termination

• We may suspend or terminate access for material breaches (including non-payment or abuse) or to address security risks.
• You may terminate at any time as permitted by your plan. Upon termination, we may delete Customer Content after the retention period.

13. Warranties & Disclaimers

• The Service is provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and that the Service will meet your requirements or operate uninterrupted, securely or error-free.
• Inkless does not warrant legal enforceability of any Customer Content or that any court or counterparty will recognise or accept your signature process.
• We do not provide legal advice. You should obtain independent legal advice regarding your documents and signature workflows.

14. Limitation of Liability

Nothing in these Terms limits liability that cannot be limited by law (e.g., death or personal injury caused by negligence, fraud). Subject to the foregoing:

• Inkless shall not be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, goodwill, or data.
• Inkless’s aggregate liability arising out of or related to the Service shall not exceed the greater of (a) the amounts paid by you to Inkless in the 12 months prior to the event giving rise to liability, or (b) £1,000.

15. Indemnity

You will indemnify and hold harmless Inkless and its officers, directors, employees and agents from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or related to (a) Customer Content; (b) your use of the Service in violation of these Terms or Applicable Law; or (c) your documents’ legality or enforceability.

16. Intellectual Property

The Service, including all software, interfaces, designs, and documentation, is owned by Inkless or its licensors and is protected by intellectual property laws. No rights are granted except as expressly set out in these Terms.

17. Compliance Statements (eIDAS/ESIGN)

• Inkless supports electronic signatures and records capable of meeting the requirements of eIDAS/UK-eIDAS (for simple/advanced signatures) and the ESIGN Act/UETA for many standard contracting scenarios, when appropriately configured.
• Enhanced/qualified options (e.g., identity verification, qualified time stamping) may require additional configuration and third-party providers. Your compliance obligations depend on your specific use case; you are responsible for determining suitability.

18. Changes to the Service & Terms

We may modify the Service or these Terms from time to time (for example, to reflect changes in law, new features, or third-party dependencies). Where required, we will notify you of material changes. Your continued use of the Service after the effective date constitutes acceptance.

19. Governing Law & Jurisdiction

These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction.

20. Consumer Rights

If you are a consumer, you may have additional mandatory rights under Applicable Law. Nothing in these Terms is intended to limit such rights.

21. Notices

Legal notices to Inkless must be sent to the registered office address published on our website and by email to legal@inkless.uk. Notices to you may be provided via the Service or to the email address associated with your Account.

22. Force Majeure

We are not liable for any delay or failure to perform due to events beyond our reasonable control, including acts of God, labour disputes, internet or utility failures, government actions, or third-party outages (e.g., certificate authorities, TSAs, email providers).

23. Entire Agreement

These Terms, together with any Order/Subscription, Privacy Policy, and (if applicable) DPA, constitute the entire agreement between you and Inkless regarding the Service and supersede any prior or contemporaneous agreements on the same subject matter.

24. Contact

For questions about these Terms, please contact support@inkless.uk.