Terms and Conditions.

Introduction

The Services are provided to you under these Terms and Conditions, our Privacy Policy, and any operating rules and/or policies that we may publish from time to time (collectively, the “Agreement”), and you agree you are a direct party to those agreements, rules, and policies. This Agreement and such policies constitute the entire agreement between you and us and supersede all prior agreements between the parties regarding the subject matter contained herein.

01Definitions and Interpretation

1.1Definitions

“Affiliate”

means any entity that controls, is controlled by, or is under common control with a party.

“Applicant” or “Individual”

means the natural person whose evidence or identity is captured or verified through the Services.

“Authorized User”

means a person, such as an employee, contractor, or agent of the Customer, authorized by the Customer to access the Services on its behalf.

“Business Purpose”

means the Customer’s internal use of the Services to request and review evidence or verifications in accordance with these Terms; it does not include reselling, sublicensing, or making the Services available to third parties except under a Reseller Addendum.

“Check”

means a single identity verification session submitted for processing through the KYC Product (Standard KYC, KYC++, or KYB), returning a status of Pass, Fail, Inconclusive, or Error.

“Commencement Date”

means the earlier of (a) the date the Customer accepts these Terms (by executing an Order Form, clicking to accept, or completing registration), or (b) the date the Customer first accesses or uses the Services.

“Confidential Information”

has the meaning in Section 5.

“Documentation”

means InkLink’s user and technical documentation for the Services made available at inklink.com or platform.inklink.com.

“Inquiry”

means a single request initiated by a Customer to an Individual (a Secure Capture Inquiry or a KYC Inquiry).

“KYC Product”

means InkLink’s identity verification product, including Standard KYC, KYC++ (with AML, sanctions, and PEP screening), and KYB Verification.

“Order Form”

means an ordering document executed by the parties (or completed through self-serve registration) specifying the products purchased and per-unit pricing, which incorporates these Terms by reference.

“Output”

means any result delivered by the Services, including captured documents and AI-extracted data fields (Secure Capture) and Check results, screening results, and business-verification data (KYC).

“Platform” or “System”

means the InkLink platform and hosted interfaces at inklink.com and platform.inklink.com, the secure capture, the Mobile SDK, the APIs, and the webhooks.

“Reseller”

means a Customer that integrates the Services into its own platform or product and offers Service capabilities to its own customers under a Reseller Addendum.

“Services”

means the Platform, the secure capture, the KYC Product, the Documentation, and all related products and services provided by InkLink.

“Template”

means a Customer-authored set of natural-language instructions used in the secure capture specifying what evidence to request, what sources the Individual should navigate, and what fields to extract.

“secure capture”

means InkLink’s evidence-capture product enabling Individuals to share documents and data from their own online accounts through InkLink’s secure capture, delivered to the Customer as a tamper-evident, cryptographically sealed package.

1.2Interpretation

Headings are for convenience only. “Including” means “including without limitation.” References to “writing” include email and electronic acceptance. In the event of a conflict, the order of precedence is: (a) the applicable Order Form (for the specific items it states); (b) any Reseller Addendum or negotiated Master Services Agreement (where it expressly overrides these Terms); (c) the Data Processing Addendum (Appendix 3) for matters of personal-data processing; and (d) these Terms.

02Term

2.1   These Terms take effect on the Commencement Date and continue until terminated in accordance with Section 9, or until all Order Forms have expired or terminated.

2.2   We may amend the Agreement at any time, and such amended Agreement will automatically be effective seven (7) days after we have posted the amended Agreement on our website. Your continued use of the Services will constitute acceptance of the amended Agreement, and no other Agreement version will be effective or enforceable against us.

03Access to and Use of the Platform

3.1Access

Subject to these Terms, InkLink grants the Customer a non-exclusive, non-transferable, non-sublicensable, revocable right during the term to access and use the Services for its Business Purpose. InkLink issues one API key per Customer organization; the Customer administers keys and Authorized Users and is responsible for all activity under its account, credentials, and API keys.

3.2Eligibility

The Customer represents that it is a legitimate business able to enter into binding contracts, that the person accepting these Terms is at least eighteen (18) and authorized to bind the Customer, and that the Customer and its Authorized Users are not on any U.S. government denied-party, sanctions, or embargo list. The Customer will cooperate with InkLink’s onboarding due diligence and keep its registration information current and accurate.

3.3Product Requirements

(a) KYC Consent Screen.

InkLink’s mandatory consent screen (or an InkLink-approved equivalent) must be presented to the Individual at the start of every KYC Hosted Verification Page session and Mobile SDK flow and may not be removed, obscured, minimized, materially modified, or bypassed.

(b) Secure Capture Authorization and Sources.

The secure capture relies on the Individual navigating their own accounts and clicking “Share This” to capture only what the Individual chooses. The Customer must not direct Individuals to share data from any source whose terms prohibit such sharing. Source-side blocking by third-party sites is the Customer’s risk to manage. InkLink does not store Individual credentials, and in-stream browsing is not retained.

(c) Branding.

“Powered by InkLink” attributions on Individual-facing flows may not be removed without InkLink’s written authorization in an Order Form.

(d) Individual-Facing Disclosures.

The Customer is responsible for providing Individuals with all notices, consents, and disclosures required by applicable law for the Customer’s use case.

3.4   Services activated by the Customer through the Platform are incorporated into these Terms by reference. InkLink may modify, enhance, or discontinue features from time to time but will not materially decrease the core functionality the Customer has purchased during a paid term.

04Intellectual Property Rights

4.1   The Services and all intellectual property rights in them, including the secure capture, AI extraction models, Mobile SDKs, hosted pages, APIs, and Documentation, are and remain the exclusive property of InkLink and its licensors. Except for the limited right of access in Section 3, no rights are granted to the Customer. The Customer will not copy, modify, translate, create derivative works of, reverse engineer, decompile, or attempt to derive the source code, models, or training data of the Services, except to the extent this restriction is prohibited by law.

4.2   As between the parties, the Customer owns its data and the Output delivered to it, subject to InkLink’s underlying rights in the Services and any rights of Individuals in their own personal data. The Customer grants InkLink a non-exclusive, royalty-free license to host, process, and use Customer data and Output as necessary to provide, secure, and support the Services and to comply with law. InkLink may use de-identified, aggregated data derived from use of the Services to operate, secure, and improve the Services, including to develop and improve its AI and fraud-detection models.

4.3   “InkLink,” the InkLink logo, and “Powered by InkLink” are marks of InkLink and may be used only as required to display InkLink attributions under these Terms.

05Confidentiality and Data Protection

5.1Confidential Information

“Confidential Information” means non-public information disclosed by one party to the other that is identified as confidential or that a reasonable person would understand to be confidential, including the Services, pricing, and security information. Each party will use the other’s Confidential Information only to perform under these Terms, protect it with at least reasonable care, and limit access to those with a need to know who are bound by comparable obligations. The receiving party may disclose Confidential Information to the extent required by law, with prompt notice where permitted.

5.2Data Protection

With respect to personal data of Individuals processed through the Services, the Customer is the controller (or “business”) and InkLink is the processor (or “service provider”), and the parties will comply with the Data Processing Addendum in Appendix 3, which is incorporated into these Terms. InkLink’s processing of personal data for which it determines the purposes and means (for example, account, billing, security, and product-improvement data) is described in the Privacy Policy.

06Security

6.1   InkLink maintains administrative, physical, and technical safeguards designed to protect the Services and personal data appropriate to the nature of the data and the risks of processing, including encryption in transit and at rest, access controls, monitoring, and incident response. InkLink will notify the Customer of a security incident affecting Customer data or Individual personal data without undue delay and, in any event, within seventy-two (72) hours of confirmation, as further described in Appendix 3.

07Liability

7.1Excluded Damages

7.2Liability Cap

7.3Sole Responsibility for Conclusions

7.4Indemnification

The Customer will defend, indemnify, and hold harmless InkLink, its Affiliates, and their respective officers, directors, employees, and agents from any third-party claim arising from or related to (a) the Customer’s data, Templates, or Individual-facing disclosures (or lack thereof); (b) the Customer’s use of, or any decision made based on, any Output (including any FCRA-regulated use or any AML/sanctions/eligibility determination); (c) the Customer’s breach of these Terms or violation of law; or (d) the acts or omissions of the Customer’s Authorized Users, end users, or (in the Reseller channel) the Reseller’s customers.

InkLink will defend the Customer against any third-party claim that the Services, used as permitted, infringe a U.S. patent, copyright, or trademark, and will pay damages finally awarded, subject to prompt notice, sole control of the defense, and cooperation; InkLink may procure a license, modify the Services, or terminate the affected Order Form and refund prepaid, unused fees. This Section 7.4 states the parties’ entire liability and exclusive remedy for infringement claims.

08Representations and Warranties

8.1Mutual

Each party represents that it has the authority to enter into these Terms and that its performance will not violate any law or agreement.

8.2Capture Integrity Attestation (secure capture)

For each completed Secure Capture Inquiry, InkLink attests that the documents and screenshots were obtained directly from the online source that the Individual accessed and authenticated to, and are delivered to the Customer as a tamper-evident, cryptographically sealed package that InkLink has not altered, edited, or manipulated between capture and delivery. This attestation is limited to the integrity and chain of custody of the captured evidence — that what the Customer receives is what the Individual shared from the source, unaltered.

InkLink does not attest to, represent, or warrant:

1. that the source itself is genuine, authoritative, or authorized;
2. that the contents of the captured evidence are true, accurate, complete, or current; or
3. the correctness of any AI-extracted field.

Matters in (a)–(c) are informational only under Section 8.4.

8.3KYC Outputs

KYC Checks are generated by automated and AI-based processing, with human review of certain failed Checks. InkLink does not warrant the completeness, currency, or accuracy of any third-party AML, sanctions, PEP, address, or business-registry source used in a Check, and a Check result (Pass / Fail / Inconclusive / Error) is informational only under Section 8.4.

8.4Outputs Are Informational Only

Except for the Capture Integrity Attestation in Section 8.2, all Outputs are provided to the Customer for informational purposes only, to support the Customer’s own anti-fraud, due-diligence, and identity-verification procedures and its independent review and decision-making. The Services are not intended to be used as the sole basis for any business decision, and the Customer is the sole decision-maker.

8.5Disclaimer

InkLink will use commercially reasonable efforts to resolve technical problems the Customer reports; service-level commitments apply only as stated in Appendix 1.

09Suspension and Termination

9.1   InkLink may suspend or terminate access immediately, with or without notice, if it reasonably believes the Customer is in breach, that the Customer’s use threatens the security or integrity of the Services or third parties, or that the use creates a legal, regulatory, or reputational risk. InkLink will use reasonable efforts to give advance notice where practicable.

9.2   Expiration or termination does not excuse payment of accrued fees. On termination, the Customer’s right to access the Services ceases, and data is handled per Appendix 3 (Secure Capture data deleted after 3 years by default; KYC artifacts retained up to 10 years for regulatory record-keeping), subject to legal hold. Sections 1 (Definitions), 4 (Intellectual Property), 5 (Confidentiality and Data Protection), 6 (Security), 7 (Liability), 8 (Representations and Warranties), 9.2 (this subsection), 10 (General), and the surviving provisions of Appendix 3 survive termination.

10General

10.1 Amendments.

InkLink may amend these Terms by posting the updated Terms at inklink.com; amendments are effective seven (7) days after posting (or sooner where required by law), and the Customer’s continued use after the effective date constitutes acceptance. Order Form pricing and committed terms will not be changed mid-term except as the Order Form provides.

10.2 Assignment.

Neither party may assign these Terms without the other’s consent, except in connection with a merger, acquisition, reorganization, or sale of substantially all assets, on notice to the other party.

10.3 Force Majeure.

Neither party is liable for any delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, civil unrest, government action, labor disputes, third-party service or vendor outages, or internet or power failures.

10.4 Notices.

Notices to InkLink go to hello@inklink.com and its registered address; notices to the Customer go to the account email or the Order Form address. Notices are effective on delivery.

10.5 No Third-Party Beneficiaries.

These Terms create no third-party beneficiary rights.

10.6 Waiver and Severability.

No waiver is effective unless in writing. If any provision is unenforceable, it will be modified to the minimum extent necessary to be enforceable, and the remainder remains in effect.

10.7 Export and Government Users.

The Customer will comply with U.S. export, sanctions, and import laws. The Services are “commercial computer software”; U.S. government users acquire only the rights stated in these Terms.

10.8 Entire Agreement.

These Terms, the Privacy Policy, Appendices 1–3, each Order Form, and any Reseller Addendum or negotiated Master Services Agreement constitute the entire agreement and supersede all prior agreements on the subject.

10.9 Resellers.

A Reseller may offer Service capabilities to its own customers only under a Reseller Addendum executed with InkLink. The Reseller is InkLink’s sole billing counterparty for amounts due in the Reseller channel, vets and approves its own customers under standards no less protective than these Terms, and passes through the obligations in Sections 3.3, 5, 7, and Appendix 3 to its customers. InkLink relies on the Reseller’s vetting; pass-through liability sits with the Reseller.

10.10 Governing Law and Dispute Resolution.

These Terms are governed by the laws of the State of Delaware. The parties will attempt to resolve any dispute through good-faith negotiation for thirty (30) days. Any unresolved dispute will be finally resolved by binding arbitration administered by JAMS under its Comprehensive Arbitration Rules, before a single arbitrator, in San Francisco, California, in English; judgment on the award may be entered in any court of competent jurisdiction. Either party may seek injunctive or equitable relief in court to protect intellectual property or Confidential Information. Disputes will be resolved on an individual basis only; the parties waive any right to a jury trial and to participate in any class, collective, or representative action. Any cause of action must be commenced within one (1) year after it arose.

ContactQuestions about these Terms?

We’re happy to walk you through any provision, the DPA, or a custom Order Form. hello@inklink.com