Terms of Service — Inkrest

Last updated: [EFFECTIVE DATE]

These Terms of Service ("Terms") govern your purchase of and access to Inkrest and this website, provided by Lampblack Labs LLC ("we," "us"). By purchasing, downloading, or using Inkrest, you agree to these Terms and to the End User License Agreement (EULA) at https://inkrest.app/eula, which governs your use of the software.

1. The service

Inkrest is on-device dictation software for macOS and iOS. Features depend on your device and the models you choose to download.

2. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) and able to form a legally binding contract to purchase Inkrest. A parent or legal guardian may purchase and permit use by a minor under their supervision.

3. Licenses and purchases

Inkrest is licensed, not sold, under the EULA. Direct purchases are sold and processed by Paddle.com Market Limited acting as the merchant of record (reseller); Paddle — not Lampblack Labs LLC — is the seller of record for those transactions and is responsible for charging and remitting applicable sales tax, VAT, and GST and for issuing your invoice/receipt. App Store purchases are processed by Apple. Payment disputes and chargebacks for direct purchases are handled by Paddle under the Paddle Buyer Terms. A license permits activation on up to the number of devices stated at purchase for your license tier.

4. Trials

Where offered, we may provide a time-limited free trial (currently up to 14 days on macOS) so you can evaluate Inkrest. Trials are provided "AS IS" for evaluation, are limited to one per user/device, and may be limited in time or features. To prevent abuse, we may limit trials to one per device and verify eligibility using a one-way hashed device identifier (we do not require your email to start a trial), as described in our Privacy Policy. If you believe you were incorrectly identified as having already used a trial on your device, contact [email protected] and we will review and, where appropriate, restore your trial access. We may modify, suspend, or discontinue trials at any time. This Section does not limit your statutory rights (Section 8a).

5. Free trial, then final sale

Because we offer a no-obligation free trial (currently up to 14 days on macOS) so you can fully evaluate Inkrest before you pay, all purchases are final and non-refundable, except as set out below or as required by law.

(a) Your statutory rights are unaffected. Nothing in this Section limits any non-waivable consumer right (Section 8a) — including EU/UK/Australian consumers' rights to a remedy for digital content that is faulty, not as described, or not fit for purpose.

(b) EU/UK right of withdrawal. If you are a consumer in the EU or UK, you have a statutory 14-day right of withdrawal. Because Inkrest is digital content supplied immediately, that right ends once you have given prior express consent to begin immediately and acknowledged that you thereby lose it — consent we (via Paddle) request at checkout. Having used the free trial does not by itself waive this right; the checkout consent does.

(c) Store and processor policies. App Store purchases are subject to Apple's refund process, and direct purchases to the Paddle Buyer Terms; those may provide refunds independently of this Section, and we will honor them.

(d) Discretionary refunds. We may still grant a refund at our discretion. Contact [email protected] with any purchase issue.

6. Acceptable use

You agree not to resell, redistribute, sublicense, reverse engineer (except as permitted by law), or circumvent the licensing of Inkrest, and not to use it unlawfully.

6a. Indemnification

To the extent permitted by applicable law, you will indemnify and hold harmless Lampblack Labs LLC and its member, officers, and agents from any third-party claim, demand, loss, liability, or expense (including reasonable legal fees) arising out of (a) your use of Inkrest in violation of these Terms, the EULA, or applicable law; (b) your violation of any third-party right or of the AI model providers' terms (including the applicable open-source license terms of the AI models); or (c) content you create, process, or distribute using Inkrest. We may assume the exclusive defense of any matter subject to indemnification, in which case you will cooperate with us. This Section does not apply to the extent a loss is caused by our own breach, and it does not override the non-waivable consumer protections in Section 8a.

7. Intellectual property

Inkrest, the Inkrest name, and related logos are trademarks of Lampblack Labs LLC. The software includes third-party open-source and model components subject to their own licenses (see the in-app Acknowledgements and the EULA).

8. Disclaimers

Subject to Section 8a (Your statutory consumer rights), and to the maximum extent permitted by applicable law, Inkrest is provided by Lampblack Labs LLC and its member, officers, and agents "AS IS" and "AS AVAILABLE," without warranties of any kind. Transcription and AI refinement may contain errors; you are responsible for reviewing output before relying on it.

8a. Your statutory consumer rights

Nothing in these Terms or the EULA excludes, restricts, or modifies any guarantee, warranty, right, or remedy you have under mandatory consumer-protection law that cannot lawfully be excluded — including, where they apply to you, the UK Consumer Rights Act 2015, the EU Consumer Rights Directive (2011/83/EU) and Digital Content Directive (EU) 2019/770, and the Australian Consumer Law. Where such law applies, the disclaimers and limitations of liability in these Terms and the EULA apply only to the extent permitted by that law, and your statutory rights prevail over any conflicting term. If you are a consumer in the EU or UK, the digital content we supply will be of satisfactory quality, fit for its described purpose, and as described, and you are entitled to the statutory remedies for any failure.

9. Limitation of liability

To the maximum extent permitted by law, Lampblack Labs LLC and its member, officers, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost data or profits. Nothing in this Section limits or excludes liability that cannot be limited under applicable law, including liability for (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or willful misconduct; (d) any indemnification obligations expressly stated in these Terms or the EULA; or (e) your rights under mandatory consumer-protection law (Section 8a). Subject to the foregoing, the aggregate liability of Lampblack Labs LLC and its member, officers, and agents for all claims relating to Inkrest will not exceed the greater of (i) the amount you paid for the license in the 12 months before the event giving rise to the claim, or (ii) USD 50 — except where a higher minimum is required by mandatory law.

10. Termination

We may suspend or terminate access for breach of these Terms or the EULA. Termination for your breach does not entitle you to a refund. If we discontinue Inkrest entirely or terminate without cause, we will, where required by law or as a matter of fairness, provide a pro-rata refund of any prepaid, unused license fee via the original merchant of record. Termination does not affect rights or liabilities that accrued before it.

10a. Dispute resolution for U.S. users (binding arbitration; class-action waiver)

This Section applies only if you are a resident of the United States. It does not apply to consumers outside the U.S. (see Section 11), and it does not limit the non-waivable rights in Section 8a.

You and Lampblack Labs LLC agree that any dispute arising out of or relating to Inkrest or these Terms will be resolved by binding individual arbitration administered by a recognized arbitration provider (such as the American Arbitration Association) under its applicable consumer rules, rather than in court; any in-person hearing will take place in King County, Washington, or by telephone/video where available.

Class-action waiver. Disputes will be brought only in your or our individual capacity, not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding.

Carve-outs. Either party may (i) bring an individual claim in small-claims court, so long as the claim remains in that court and proceeds on an individual, non-class basis, and (ii) seek injunctive or equitable relief in court to protect intellectual-property or licensing rights.

30-day opt-out. You may opt out of this Section by emailing [email protected] within 30 days of first accepting these Terms; opting out does not affect any other Section.

If the class-action waiver above is held unenforceable, this entire Section 10a is void; otherwise, if any other part is held unenforceable, the remainder stays in effect.

11. Governing law and venue

These Terms are governed by the laws of the State of Washington, USA, without regard to conflict-of-laws rules, and (for users who are not consumers) the exclusive venue for any dispute is the state and federal courts located in King County, Washington. For U.S. residents, Section 10a (binding arbitration) governs dispute resolution and takes precedence over the court venue in this Section for any dispute subject to it. If you are a consumer, this choice of law and venue does not deprive you of the protection of mandatory consumer-protection laws of your country of habitual residence, and you may bring proceedings in the courts of, and rely on the mandatory law of, that country where such law so provides. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

12. Changes

We may update these Terms. For non-material changes (e.g., clarifications, contact details, or changes required by law), the updated Terms take effect when posted and we will revise the "Last updated" date. For material changes that affect your rights or obligations, we will give reasonable prior notice (through the app, our website, or by email where we have your address). Material changes apply prospectively only and will not retroactively alter the terms governing a purchase you have already made; your statutory rights under Section 8a are unaffected.

13. Contact

Lampblack Labs LLC, 522 W Riverside Ave, Ste N, Spokane, WA 99201, USA — [email protected]

14. Severability and entire agreement

If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary or severed, and the remaining provisions remain in full force. These Terms and the EULA are the entire agreement between you and us regarding Inkrest and supersede prior understandings, except that nothing here limits your non-waivable statutory rights (Section 8a).