Terms of Service

Welcome to INKlusive!

Introduction

  • Welcome to INKlusive: INKlusive is an innovative and flexible design subscription service created to meet the needs of marketers aiming to efficiently scale their creative efforts. Our platform offers a plug-and-play model, simplifying access to a wide range of creative solutions without the complexities of managing multiple vendors.

  • Acceptance of Terms: By accessing or using INKlusive, you agree to be bound by these Terms of Service (TOS). Please read these terms carefully before using our services. These terms constitute a legally binding agreement between you and INKlusive. If you do not agree with any part of these terms, you may not use our services.

  • Changes to TOS: INKlusive reserves the right to modify, amend, or update these TOS at any time. Any changes will be posted on our website, and it is your responsibility to review them periodically. Continued use of our services after changes are posted constitutes acceptance of the updated TOS. We may also notify you of significant changes via email or other means.

  • Contact Information: If you have any questions, concerns, or feedback regarding these terms, please contact us at [admin@inklusive.design]. We value your input and are here to assist you with any inquiries related to our services or these terms.

Description of Services

  • Service Overview: INKlusive offers an enterprise-grade design subscription service tailored to marketing teams aiming to efficiently scale their creative endeavors. Our services encompass a wide range of creative solutions, including social media creatives, web designs, branding and marketing materials, presentations, advertisements, print collateral, reports, event materials, motion graphics, and UI/UX design. We provide subscribers with seamless access to this comprehensive suite of creative services.

  • Access and Use: You may access and use our services, subject to these TOS. INKlusive grants you a limited, non-exclusive, non-transferable, and revocable license to use our services for their intended purpose. Any use of our services beyond their intended purpose or in violation of these TOS is strictly prohibited.

  • Subscriber Responsibilities: By using INKlusive, you agree to provide accurate and current information during the registration process and to maintain the security of your account credentials. You are responsible for all activities that occur under your account. We recommend promptly notifying us of any unauthorized use or security breaches.

  • Intellectual Property: All content and materials provided through our services, including but not limited to designs, graphics, text, and software, are the intellectual property of INKlusive or its licensors. You are granted a limited license to use these materials only for your internal business purposes. Reproduction, distribution, or public display of any content from our services without our prior written consent is strictly prohibited.

  • Service Modifications: INKlusive reserves the right to modify, suspend, or discontinue any aspect of our services at any time, including the availability of specific features or content. We may also impose limits on certain features or restrict your access to parts or all of our services without notice or liability.

User Eligibility

  • Minimum Age: To use INKlusive’s services, you must be at least 18 years of age or the legal age of majority in your jurisdiction. By using our services, you represent and warrant that you meet this age requirement.

  • Legal Entity: If you are using our services on behalf of a legal entity, such as a company or organization, you represent and warrant that you have the authority to bind that entity to these TOS. In such cases, “you” and “your” refer to both you as an individual and the entity you represent.

  • Prohibited Users: INKlusive may refuse service, terminate accounts, or restrict access to our services to anyone who violates these TOS or engages in activities that are unlawful, fraudulent, or harmful to others. We reserve the right to make such determinations at our discretion.

  • Data Privacy: Your use of our services is subject to our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using our services, you consent to the practices described in our Privacy Policy.

Subscription Plans and Payments

  • Subscription Types: INKlusive offers various subscription plans with different pricing tiers and features. You can choose the plan that best suits your needs. Details about our subscription plans, including pricing and features, are available on our website.

  • Payment Authorization: By subscribing to INKlusive, you authorize us to charge the applicable subscription fees to your chosen payment method. Payments are typically processed on a recurring basis according to your subscription plan.

  • Billing Information: You are responsible for providing accurate and up-to-date billing information, including a valid payment method. If your payment method fails or if your account becomes past due, we may suspend or terminate your access to our services.

  • Billing Cycles: Subscription plans may have different billing cycles (e.g., monthly, annually). Your chosen billing cycle determines how often you will be billed for our services.

  • Renewals and Cancellations: Subscriptions are automatically renewed at the end of each billing cycle unless you cancel your subscription. Please note that cancellation may result in the immediate loss of access to our services.

User Conduct

  •  Compliance with Laws: You agree to use INKlusive in compliance with all applicable laws, regulations, and industry standards. You are responsible for ensuring that your use of our services does not violate any third-party rights or engage in any illegal or harmful activities.

  •  Prohibited Activities: Prohibited activities include but are not limited to:
    • Engaging in any form of fraud, identity theft, or unauthorized access to our services or user accounts.
    • Uploading, transmitting, or sharing any content that is unlawful, offensive, or violates our content guidelines.
    • Attempting to disrupt or compromise the security or availability of our services or associated systems.
    • Impersonating another person or entity or misrepresenting your affiliation with INKlusive.

  • User Content: You may submit content to our platform, such as design requests and feedback. You retain ownership of any content you submit but grant INKlusive a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, and distribute that content for the purpose of providing our services.

Limitation of Responsibility

While we strive to provide high-quality design services, we do not take responsibility for the performance or effectiveness of your creatives. Our role is that of a design partner, and we provide the design materials according to your specifications and requirements.
We do not guarantee or warrant that the creatives we design will achieve any specific results including but not limited to increased engagement, likes, shares, followers, or sales. The success of your social media campaigns depends on various factors, including your content, strategy, and the platform’s algorithms, over which we have no control.

Your Responsibilities

You are responsible for the content and strategy of your creative requirement and its performance. It is your responsibility to ensure that the creatives we provide comply with the terms and guidelines of the platforms on which they are used. Also, you will be responsible for complying with the usage rights of any material used by us including but not limited to stock images, videos, content and other infographics provided by you or purchased from any third party.

Termination

  • Termination by You: You may terminate your INKlusive account at any time by following the account termination process outlined on our website. Upon termination, your access to our services will be immediately revoked.

  • Termination by INKlusive: INKlusive reserves the right to terminate or suspend your account and access to our services for any reason, including but not limited to violations of these TOS or suspected fraudulent activities. We may provide notice of termination, but we reserve the right to take immediate action without notice when deemed necessary to protect our services or users.

  • Effect of Termination: Upon termination, your right to use our services ceases immediately. You remain responsible for any outstanding subscription fees or other charges. INKlusive is not liable for any loss of data or content associated with your account.

  • Survival: Sections of these TOS that, by their nature, should survive termination (including, but not limited to, sections regarding intellectual property, user conduct, and dispute resolution) will continue to apply even after your account is terminated.

Intellectual Property

  • Ownership: INKlusive retains all rights, title, and interest in its intellectual property, including but not limited to logos, trademarks, copyrights, and proprietary software. You do not acquire any ownership rights by using our services.

  • License: INKlusive grants you a limited, non-exclusive, revocable, and non-transferable license to use our services for your business or personal purposes. This license does not grant you the right to copy, modify, distribute, sell, or reverse engineer our services.

Dispute Resolution

  • Governing Law: These TOS are governed by and construed in accordance with the laws of INDIA  and courts of Gurgaon, without regard to its conflict of law principles.

  • Arbitration: Any disputes arising out of or related to these TOS will be resolved through binding arbitration in accordance with the rules of arbitration in India. Both parties agree to abide by the arbitrator’s decision, which will be final and binding.

Limitation of Liability

  • No Warranty: INKlusive provides its services “as is” and makes no warranties, express or implied, regarding the quality, accuracy, or fitness for a particular purpose of its services. We do not guarantee uninterrupted, error-free, or secure access to our services.

  • Limitation of Liability: To the maximum extent permitted by law, INKlusive and its affiliates, directors, officers, employees, and agents are not liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue arising out of or in connection with your use of our services.

Changes to Terms

  • Updates: INKlusive reserves the right to modify or revise these TOS at any time. We will notify you of significant changes through our platform or by email. Your continued use of our services after such changes constitutes acceptance of the updated terms.

Miscellaneous

  • Entire Agreement: These TOS constitute the entire agreement between you and INKlusive regarding your use of our services, superseding any prior agreements or understandings.

  • Assignment: You may not assign or transfer your rights or obligations under these TOS without the prior written consent of INKlusive.

  • Severability: If any provision of these TOS is deemed invalid or unenforceable, that provision will be interpreted to achieve the intended purpose as closely as possible, and the remaining provisions will remain in full force and effect.

  • Contact Information: For any questions or concerns related to these TOS, please contact us at admin@inklusive.design