These Terms apply when an agency or creator uses Inkwell. Key points: you’re responsible for your bots, content and messages; you give us a lasting licence to use the data in your workspace, including to train our AI models; fees are non-refundable; and disputes go to individual arbitration.
1. The agreement
These Terms of Service (“Terms”) are a binding agreement between Inkwell (“Inkwell”, “we”, “us”) and the business or person who creates an account (“you”). By creating an account, logging in or otherwise using the service, you accept these Terms, including the data licence in section 8 and the arbitration agreement and class-action waiver in section 14. If you don’t agree, don’t use the service.
If you accept these Terms on behalf of a company, you confirm you’re authorised to bind it, and “you” means that company. Inkwell is a business service: you must be at least 18 and use it for business or professional purposes.
2. The service
Inkwell provides AI that drafts and sends messages through Telegram bots that you connect, along with a dashboard for personas, content, fan memory, team members and analytics. Snapchat support is planned and not yet available.
We may change, suspend or discontinue any part of the service at any time, including features, limits and supported platforms. We aren’t liable to you for doing so.
Inkwell isn’t affiliated with Telegram or Snap Inc. Your use of Telegram is also subject to Telegram’s own terms, including its Bot Platform rules.
3. Accounts and team
You log in with your Telegram account. You’re responsible for everything done through your workspace, including by team members you invite, and for keeping your Telegram account and bot tokens secure. Tell us promptly if you suspect unauthorised access.
4. Your responsibilities and acceptable use
You are responsible for how you use Inkwell and for every message sent from your bots. In particular, you confirm and agree that:
- each creator whose persona, name, likeness, voice or content you use has authorised you to do so, including to have an AI write in her voice;
- you have the rights to all content you upload or send, and every person shown in it is an adult who has consented to its creation and distribution;
- you will comply with all laws that apply to you and your fans, including data protection, consumer protection and AI transparency laws such as Article 50 of the EU AI Act, which requires telling people when they are interacting with an AI system unless it is obvious;
- you will not use Inkwell to communicate with anyone you know or suspect to be under 18, and you will stop any conversation as soon as there is an indication a fan is a minor;
- you will not use Inkwell for content or conduct that is illegal, non-consensual, exploitative, harassing, fraudulent or that violates Telegram’s terms; to send spam or unsolicited messages; or to mislead fans about prices or what they are buying;
- you will not reverse-engineer, overload or interfere with the service, or try to access other customers’ data.
- you will give fans every notice, and obtain every consent and right, needed under applicable law for Inkwell to process their messages and to use them as described in section 8 and in our Privacy Policy;
5. AI-generated messages
Replies are generated by AI. They can be inaccurate, inappropriate, offensive or not what you would have written. You decide how much to automate: you can review drafts in approval mode, set limits and topics to avoid per persona, and take over any conversation. You are solely responsible for every message sent from your bots, whether written by AI or by a person.
We don’t guarantee any level of sales, conversion, retention or revenue.
6. Plans, conversations and credit
- Each plan includes a monthly bundle of conversations. Current plans and prices are shown on our pricing page. Prices are in USD and exclude taxes, which you are responsible for.
- A conversation is counted once both the AI and the fan have sent at least one message. Our records of usage are final.
- You can top up in blocks of 1,000 conversations at your plan’s rate, up to your plan’s monthly limit.
- Unused balance expires 90 days after it is added. Credit can only be used while a plan is active, has no cash value and can’t be transferred.
- We may change prices, plans and what they include at any time. Changes apply from your next billing period.
7. Payments and refunds
Payments are made in cryptocurrency (such as USDT, USDC, BTC or ETH) through NOWPayments. A payment counts once it is confirmed on the blockchain and received by us. You’re responsible for sending the correct amount, in the correct currency and network, to the correct address. Blockchain transactions can’t be reversed, and we aren’t responsible for payments that are lost, short or sent incorrectly.
All fees are non-refundable, including when you close your account, don’t use your balance, or when we suspend or end your access because you breached these Terms. The only exceptions are where the law requires a refund, or where we end the service for reasons other than your breach, in which case we’ll refund unused prepaid fees.
Fans pay for locked content with Telegram Stars through your own bot. Those payments go to your bot, not to us, and Telegram’s terms apply to them.
8. Your content and our data licence
Your content. You keep ownership of the content you upload or create in Inkwell: personas, style notes, chat history, media, templates and messages. Together with the conversations, fan messages, AI outputs and results generated through your workspace, this is your “Customer Data”.
Licence to us. You grant Inkwell a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, transferable and sublicensable licence to use, copy, store, analyse, modify and create derivative works from Customer Data in order to:
- provide, maintain, secure and support the service;
- improve the service and develop new products and features;
- develop, train, fine-tune and evaluate artificial intelligence and machine-learning models, including models we offer to other customers.
Fan identities. Before we use fan conversations to train AI models, we remove the fans’ Telegram user IDs, usernames and names.
This licence survives. The licence continues after these Terms end and after you delete content, models or your account. Deleting data removes it from your workspace, but doesn’t require us to remove it from training datasets, from AI models already trained on it, or from de-identified or aggregated data. AI models and other technology we develop, including anything learned from Customer Data, belong to us.
Your permission to grant it. You confirm that you have obtained every right, permission and consent, from creators, team members and fans, and have given every notice, needed to grant this licence and for us to use Customer Data as described in these Terms and our Privacy Policy.
Usage data, feedback and publicity. We own the data we generate about how the service is used, such as performance metrics and aggregated statistics, and may use it for any purpose. If you send us feedback or ideas, we may use them freely without any obligation to you. We may name your agency and show its logo as an Inkwell customer unless you ask us in writing not to.
Our service. We own the Inkwell software, models, design and brand, and all improvements to them. These Terms don’t give you any rights to them except to use the service as described here.
9. Data processing
Our Privacy Policy explains how we handle your own data. Where data protection law applies to personal data about fans that we process on your behalf, you are the controller and we are your processor, and the following terms apply:
- your documented instructions are these Terms, including section 8, and your settings in the app. You instruct and authorise us to de-identify fan data and to use it to improve the service and train AI models as described in section 8; for that use we act on our own behalf;
- people with access to fan data are bound by confidentiality;
- we apply appropriate technical and organisational security measures;
- you authorise us to use the sub-processors listed in our Privacy Policy and to change them; we’ll keep that list up to date;
- we provide reasonable help, at your cost, with data subject requests, security, and impact assessments;
- we notify you without undue delay after becoming aware of a personal data breach affecting fan data;
- after the service ends, we delete identifiable fan data within 180 days, except de-identified or aggregated data, data in training datasets and trained models, backups until they are overwritten, and data we must keep by law.
10. Suspension and termination
You can stop using Inkwell and close your account at any time. We may suspend, limit or end your access, or any part of it, at any time and for any reason, with or without notice. In serious cases (such as content involving minors or non-consensual material) we will act immediately and may report it to the authorities.
Export anything you need before you close your account. After termination we have no obligation to keep your data or give you a copy of it, except as described in our Privacy Policy.
Sections 6–8 and 10–15, and any other terms that by their nature should continue, survive termination.
11. Disclaimers
THE SERVICE, INCLUDING ALL AI-GENERATED CONTENT, IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DON’T WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT AI OUTPUT WILL BE ACCURATE, LAWFUL OR APPROPRIATE, OR THAT YOU WILL ACHIEVE ANY RESULTS. THE SERVICE DEPENDS ON THIRD PARTIES SUCH AS TELEGRAM, AND WE AREN’T RESPONSIBLE FOR THEM.
12. Limitation of liability
TO THE FULLEST EXTENT THE LAW ALLOWS, INKWELL AND ITS OWNERS, EMPLOYEES AND SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, FANS, DATA OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF WE WERE TOLD THEY WERE POSSIBLE.
OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS IS LIMITED TO THE FEES YOU PAID US IN THE 3 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
Nothing in these Terms limits liability that cannot be limited by law.
13. Indemnity
You will defend, indemnify and hold harmless Inkwell and its owners, employees and suppliers from all claims, damages, losses, fines, penalties and costs (including reasonable legal fees) arising from or related to your Customer Data, the messages sent from your bots, your use of the service, your relationship with creators and fans, or your breach of these Terms, the law or anyone’s rights. We may take control of the defence of any such claim at your expense, and you will cooperate with us.
14. Disputes
Please read this section carefully. It affects your rights.
Informal resolution. Before starting any claim, you agree to contact us at [email protected] and try to resolve the dispute informally for at least 30 days.
No class actions or jury trials. Claims may be brought only individually, not as a plaintiff or class member in any class, collective or representative proceeding, and the arbitrator may not combine claims of more than one party. You and Inkwell each waive the right to a jury trial.
Time limit. Any claim must be brought within 1 month after it arises, or it is permanently barred.
15. Changes to these Terms
We may change these Terms at any time by posting the updated version on this page. For material changes, we’ll also notify you in the app or on Telegram. Changes take effect when posted, unless we say otherwise. By continuing to use Inkwell after a change takes effect, you accept the updated Terms; if you don’t agree, you must stop using the service. Changes to section 14 won’t apply to disputes already pending.
16. General
These Terms, together with our Privacy Policy and Cookie Policy, are the entire agreement between you and us about the service. We may assign or transfer these Terms, including in a merger, acquisition or sale of assets; you may not assign them without our written consent. If any part of these Terms is found unenforceable, it will be enforced to the maximum extent possible and the rest stays in effect. Our not enforcing a right isn’t a waiver of it. We aren’t liable for delays or failures caused by events beyond our reasonable control.
Questions about these Terms: [email protected]