Docs.Ink TERMS OF SERVICE

1. Your Acceptance of Terms

Welcome to Docs.Ink

Welcome to Docs.Ink Digital Waivers. These Terms of Service ("TOS") form a legal agreement between you ("you", "your", "user", or "customer") and Docs.Ink LLC, located at 5725 S Valley View Blvd, Ste 5, Las Vegas, Nevada 89118 ("Docs.Ink", "we", "our", or "us"). These TOS govern your use of our software, services, documentation, and website (collectively, the "Service").

Agreement to these TOS

By accessing, browsing, or using any part of the Service, or by clicking a button or checkbox that states you accept or agree to these TOS, you acknowledge that you have read, understood, and agree to be bound by these TOS. If you do not agree to any part of these TOS, you may not use the Service.

Legal Authority

To use or register for the Service, you must:

• Be of legal age to form a binding contract,
• Have the mental and legal capacity to form such a contract, and
• Not be barred from receiving the Service under the laws of the jurisdiction(s) in which you reside or from which you access the Service.

Saving a Copy

We recommend printing or saving an electronic copy of these TOS for your records.

2. Updates to the TOS

Right to Update

Docs.Ink reserves the right to change or modify these TOS at any time. If we make material changes, we will provide notice via email or by posting a notice on our website at least [30] days prior to such changes taking effect, unless a shorter period is required by law.

Acceptance of Updates

Your continued use of the Service after any update or modification indicates your acceptance of the revised TOS. If you do not agree to the updated TOS, you must stop using the Service and may terminate your account per Section 11 (Termination).

3. Description of the Service

Service Overview

The Docs.Ink Service allows users to create, store, and manage digital waivers and related data in our platform. It may include features such as customizable templates, e-signature functionality, waiver storage, retrieval, and other tools or add-ons.

System Requirements

Using the Service requires compatible devices, software, and internet access (broadband recommended). You are solely responsible for acquiring and maintaining any equipment or ancillary services needed to connect to or use the Service.

Service Modifications

We may add, remove, suspend, or discontinue parts of the Service at any time, with or without notice, though we will strive to provide reasonable notice when feasible.

Limitations on Use

Your account has certain allocations and quotas (e.g., number of waivers, storage, emails). These are detailed in your subscription plan. Unused allocations do not roll over to the following month unless explicitly stated in your plan. Docs.Ink reserves the right to modify these allocations at any time, with notice to you if the changes significantly affect your plan.

Service Availability

The Service or specific features may not be available in all languages or all countries. You are responsible for compliance with all applicable local laws and regulations.

4. Your Account

Member Account & Credentials

• When you register, you must provide accurate, complete, and up-to-date information.
• You will choose a unique Member ID and password. You are responsible for maintaining the security of your credentials and for all activities that occur under your account.
• If you believe there has been unauthorized access to your account, immediately notify Docs.Ink at support@docs.ink.

No Transfer of Rights

Your rights in the Service, including your Member ID or associated data, are personal to you and do not convey any ownership in Docs.Ink intellectual property.

No Resale of Service

You agree not to reproduce, copy, sell, resell, rent, trade, or otherwise exploit the Service for commercial purposes unless expressly authorized by Docs.Ink in writing.

Account Inheritance & Survivorship

Unless required by applicable law, upon your death, dissolution, or bankruptcy, your rights to the account and any stored Content terminate. Docs.Ink may delete your Content after receiving legal proof of such an event (e.g., a death certificate).

5. Privacy & Data Protection

Privacy Policy

By using the Service, you acknowledge and agree to Docs.Ink’s collection, storage, and use of your personal information in accordance with our Privacy Policy. If you do not agree to our Privacy Policy, you must discontinue using the Service.

Location-Based Services

If you enable location-based features, Docs.Ink may collect and process location information. You can disable location tracking at any time in your device settings, though certain features may become unavailable.

Data Transfers

You acknowledge that Docs.Ink may process and store your data in the United States or other countries where Docs.Ink or its affiliates or service providers maintain facilities. We will take reasonable measures to ensure your data is protected in accordance with our Privacy Policy.

HIPAA & PHI

If you handle Electronic Protected Health Information (“ePHI”) subject to the Health Insurance Portability and Accountability Act (“HIPAA”), the HIPAA Compliance Terms in Section 18 apply. You may also be required to sign a separate Business Associate Agreement (“BAA”) with Docs.Ink.

7. Payment & Billing

Fees & Taxes

By creating a paid account, you agree to pay all fees stated at the time of sign-up or as otherwise indicated in your plan. All fees are exclusive of taxes. You are responsible for paying any applicable taxes (e.g., sales, VAT).

Billing & Automatic Renewal

• You authorize Docs.Ink to charge the payment method you provide for any fees due, including recurring subscription fees and overage charges.
• Subscriptions auto-renew on a monthly basis (or as specified in your plan) unless you cancel before the billing cycle renewal date.

Refund Policy

All fees paid are nonrefundable unless otherwise stated in these TOS or required by law. However, Docs.Ink will honor refund requests made within forty-five (45) days of the billing date if you dispute the charges in good faith. To request a refund, contact Docs.Ink Support at [Support Contact Information].

Price Changes

Docs.Ink may change its subscription fees or introduce new charges. We will provide advance notice (typically 30 days) via email or website posting. If you do not agree to the new fees, you must cancel your account before the effective date of the price change. Continued use of the Service after the price change takes effect indicates your acceptance.

Billing Inquiries

If you believe there has been an error in billing, contact Docs.Ink Support within 45 days of the billing date. Failure to do so in a timely manner may limit our ability to investigate or issue refunds.

8. License & Intellectual Property

Docs.Ink Proprietary Rights

All intellectual property rights in and to the Service, including any software, content, or trademarks, are owned by Docs.Ink or its licensors. Unless expressly stated, no license or ownership interest is transferred to you.

License to Use Software

Docs.Ink grants you a limited, non-exclusive, non-transferable license to use the software provided as part of the Service solely for your internal business purposes, in accordance with these TOS.

Restrictions

You shall not reverse-engineer, decompile, copy, modify, create derivative works, sell, sublicense, or otherwise transfer or exploit any part of the Service or software unless expressly permitted by law or authorized in writing by Docs.Ink.

Export Control

You agree to comply with all applicable export and import laws, including U.S. export regulations. You represent that you are not located in a country under U.S. embargo or other applicable export restrictions.

9. Trademark Information

All Docs.Ink logos, trademarks, service marks, graphics, and logos used in connection with the Service are the property of Docs.Ink. Other trademarks that may appear on the Service are the property of their respective owners. You are granted no right or license with respect to any of these trademarks.

10. Disclaimer of Warranties

As Is, As Available

To the fullest extent permitted by law, Docs.Ink provides the Service “AS IS” and “AS AVAILABLE,” without any warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

No Guarantee of Results or Error-Free Service

Docs.Ink does not warrant that:

• The Service will meet your specific requirements,
• The Service will be uninterrupted, timely, secure, or error-free,
• Any information obtained through the Service will be accurate or reliable,
• Any defects in the Service will be corrected.

No Advice or Information

No advice or information, whether oral or written, obtained from Docs.Ink or through the Service shall create any warranty not expressly stated in these TOS.

11. Limitation of Liability

Exclusion of Certain Damages

To the fullest extent permitted by law, Docs.Ink and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits or data, arising out of or related to your use of or inability to use the Service.

Limitation of Liability

In no event shall Docs.Ink’s aggregate liability exceed the total amount you paid Docs.Ink for the Service in the twelve (12) months preceding the event giving rise to the claim.

Jurisdictional Exceptions

Some jurisdictions do not allow the limitation of certain warranties or liabilities. In such jurisdictions, Docs.Ink’s liability shall be limited to the greatest extent permitted by law.

12. Indemnification

You agree to defend, indemnify, and hold harmless Docs.Ink, its subsidiaries, affiliates, officers, agents, employees, and partners from and against any third-party claims, damages, losses, liabilities, costs, or expenses (including attorney fees) arising out of or related to:

• Your Content or activities under your account,
• Your use of the Service,
• Your violation of these TOS, or
• Your violation of any rights of another person or entity.

This indemnification survives the termination of these TOS.

13. Termination

Termination by You

You may cancel your account at any time by contacting Docs.Ink at [Support Contact Information] or through your account settings. If you cancel, you remain responsible for all fees incurred before termination. No refunds are provided for partially used subscription periods unless otherwise stated in these TOS.

Termination by Docs.Ink

Docs.Ink may, at its sole discretion, terminate or suspend your account or access to the Service immediately, with or without notice, for reasons including but not limited to:

• Breach of these TOS
• Non-payment of fees
• Illegal or fraudulent activities
• Use of harassing, racist, or sexist language toward Docs.Ink employees
• Violations of intellectual property rights
• Requests by law enforcement or government agencies

Effects of Termination

Upon termination, Docs.Ink will provide you with access to your Content for up to 30 days unless the termination is due to a material breach. After this period, Docs.Ink may permanently delete all your Content and account data. Docs.Ink is not liable for any deletion of data after account termination.

14. Links & Third-Party Materials

The Service may contain links to third-party websites or resources. Docs.Ink does not endorse and is not responsible for the availability, accuracy, or content of any such external sites or resources. Your dealings with any third-party found through the Service are solely between you and the third-party.

15. Governing Law & Dispute Resolution

Governing Law

These TOS and any related disputes are governed by the laws of the State of Oregon, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Venue

All legal actions or proceedings arising out of these TOS shall be brought exclusively in the federal or state courts located in Deschutes County, Oregon, and you consent to personal jurisdiction and venue in such courts.

Statute of Limitations

Any claim relating to these TOS must be brought within one (1) year from the date the cause of action arose, otherwise such claim is permanently barred.

16. General Provisions

Entire Agreement

These TOS, along with any other legal or policy documents referenced herein (e.g., Privacy Policy, Business Associate Agreement for HIPAA compliance), represent the entire agreement between you and Docs.Ink regarding the Service.

Severability

If any provision of these TOS is deemed invalid or unenforceable by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force.

No Waiver

Docs.Ink’s failure to enforce any provision of these TOS does not constitute a waiver of that provision or any other provision.

No Third-Party Beneficiaries

These TOS do not create any third-party beneficiary rights.

Force Majeure

Docs.Ink is not liable for delays or failure to perform resulting from causes beyond its reasonable control, including acts of God, labor disputes, natural disasters, governmental actions, or power failures.

Notices

Docs.Ink may provide you with notices regarding the Service via email, postal mail, or postings on the Docs.Ink website. It is your responsibility to maintain an active and accurate email address.

17. Electronic Signatures & Digital Waiver Use

You acknowledge that:

• Electronic signatures and digital waivers are governed by various laws, including the Electronic Signatures in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA) in applicable states.
• Enforceability of digital waivers may vary by jurisdiction. You are solely responsible for ensuring your digital waivers comply with all applicable laws and regulations.
• Docs.Ink provides standardized digital waiver templates as a convenience, but does not guarantee their legal sufficiency in every jurisdiction.

18. HIPAA Compliance Terms

Important: If you are a Covered Entity or Business Associate under HIPAA, the following provisions apply to your use of Docs.Ink. If you do not handle Protected Health Information (“PHI”), this section may not apply.

Business Associate Agreement (BAA)

If you handle Electronic Protected Health Information (ePHI) with Docs.Ink, you may be required to execute a separate BAA, which is incorporated by reference into these TOS. Where conflicts arise, the BAA terms control concerning ePHI handling.

Use & Disclosure

Docs.Ink shall:

• Use ePHI only as necessary to provide the Service or as required by law
• Implement safeguards to prevent unauthorized use or disclosure in compliance with 45 CFR Part 164
• Report any unauthorized access or breach promptly to you
• Ensure that subcontractors agree to the same restrictions and conditions

Individual Rights

Docs.Ink will reasonably cooperate with you in responding to requests for access, amendments, or an accounting of disclosures, as required by HIPAA.

Data Aggregation

Docs.Ink may provide data aggregation services related to the Service, as permitted under your BAA.

Termination & ePHI Return

Upon termination of your account, Docs.Ink will return or securely destroy all ePHI within a reasonable period, unless retention is required by law.

Amendments

These HIPAA Terms will be amended as necessary to comply with changes in HIPAA regulations. Any ambiguity shall be interpreted to permit compliance with HIPAA.

19. Contact Us

If you have any questions about these TOS, please contact us at:

Email: support@docs.ink

Phone: 310 919 8874

By using Docs.Ink, you acknowledge that you have read, understood, and agree to these Terms of Service.

These TOS were last updated on 01/04/2025.