Terms of Service
These Terms govern your use of InkDesk, operated by [Registered Entity Name] (“InkDesk”, “we”, “us”). By creating an account or using the service, you agree to these Terms. If you do not agree, do not use the service.
1. Service description
InkDesk is a software-as-a-service (“SaaS”) tool for tattoo studios in India. It provides software to schedule bookings, automate Instagram DM responses, send WhatsApp reminders, generate invoice templates, and track booking-deposit lifecycle. It is not a payment service, escrow service, marketplace, or e-commerce platform.
Today (v1): InkDesk does not generate payment links or process payments. The studio collects deposits from its clients through its own channels (UPI, GPay, cash) and marks them as captured in the InkDesk dashboard.
Future (v2): A planned in-app payment-link feature will route client payments through a licensed Payment Aggregator (e.g. Razorpay) directly into the studio's own merchant account. InkDesk will charge a transaction fee (planned at 1%) on top of the gateway's fees, disclosed before opt-in. The clauses about Payment Aggregators below describe how the system will operate when v2 ships; they apply prospectively.
1A. Our role: SaaS only, not a Payment Aggregator
InkDesk is a software vendor. We are not a Payment Aggregator under the Reserve Bank of India's Guidelines on Regulation of Payment Aggregators and Payment Gateways dated 17 March 2020 (“PA Guidelines”), and we do not require authorisation under those Guidelines for the following reasons:
- We do not collect, custody, route, hold in trust, or settle any monies paid by clients to studios. We do not maintain a nodal account or any escrow.
- When the v2 payment-link feature ships, payment will be initiated and processed by a licensed Payment Aggregator authorised by the Reserve Bank of India. The payment will move directly from the client to the studio's own merchant account opened, KYC’d, and operated by the studio with that Payment Aggregator.
- Our software will produce a payment link or order on the studio's Payment Aggregator account using the studio's own credentials. We have no signing authority, withdrawal authority, or settlement authority on those funds at any point.
- The merchant of record for every booking deposit is the studio. The contract for the underlying tattoo service is between the studio and its client. InkDesk is not a party to that contract.
1B. Not a marketplace / not an e-commerce entity
InkDesk is software you (the studio) deploy on your own brand and your own booking page. We do not list studios in a directory, do not operate a search interface for clients to discover studios, and do not facilitate transactions between independent buyers and sellers under our brand. Accordingly, we are not a “Marketplace e-commerce entity” under the Consumer Protection (E-Commerce) Rules, 2020, nor an “electronic commerce operator” under Section 9(5) or Section 52 of the Central Goods and Services Tax Act, 2017. The studio retains all merchant identity and responsibilities for any service supplied to its clients.
1C. Studio is the merchant of record
The studio acknowledges and agrees that, in respect of every booking deposit or payment processed:
- The studio is the merchant of record and the contracting party with the client.
- The studio is solely responsible for KYC and onboarding with Razorpay, for maintaining a valid merchant account, and for compliance with all applicable RBI, FEMA, and tax laws.
- The studio is solely responsible for issuing tax invoices to its clients (including GST where applicable), discharging any GST or other tax liability on receipts, and maintaining statutory records.
- The studio is solely responsible for honouring or declining refund requests from its clients, handling chargebacks raised through Razorpay, and resolving any dispute concerning the underlying service.
1D. End-client disputes are out of scope
Disputes between a studio and its client concerning bookings, deposits, refunds, service quality, cancellations, no-shows, design ownership, or the tattoo work itself are between the studio and the client. InkDesk has no role in resolving such disputes and bears no liability for them. A client's only direct contractual relationship via the platform is with the studio whose booking link they used.
2. Eligibility
You must be 18+ and operating a registered tattoo studio in India to subscribe. By signing up you represent that the information you provide is accurate and that you have authority to bind your business.
3. Account responsibility
- You are responsible for safeguarding your login credentials.
- You are responsible for all activity under your account.
- You must notify us promptly of any unauthorised access.
4. Acceptable use
You will not:
- Use InkDesk for any unlawful purpose, including operating without required licences.
- Send spam or messages that violate Meta's WhatsApp Business or Instagram policies.
- Attempt to reverse engineer, scrape, or overload our systems.
- Misrepresent the source of communications sent through the platform.
- Tattoo minors without verified guardian consent as required by Indian law.
Violation may result in suspension or termination without refund.
4A. Studio's regulatory and operational responsibilities
The studio is solely responsible, at its own cost, for obtaining and maintaining all licences, registrations, and operational standards applicable to running a tattoo studio in its jurisdiction. These include, without limitation:
- Trade licence, Shop & Establishment registration, and any local body permission required to operate the studio premises.
- GST registration (where the threshold is met), professional tax registration, and any other tax registration applicable.
- Razorpay (or other Payment Aggregator) onboarding, KYC, and compliance with the merchant terms of such Payment Aggregator.
- Sanitation, sterilisation, biomedical waste handling, and consumer safety standards applicable to tattoo studios.
- Verifying client age and obtaining lawful consent (including guardian consent for minors where permitted) before performing any tattoo work.
- Truthful and accurate communications to clients made via the platform, including pricing, slot availability, deposit amounts, and refund terms.
InkDesk does not verify, endorse, or audit the studio's licences, registrations, or operational practices. Any failure of the studio to comply with the above is the studio's sole liability.
5. Subscription and billing
- Plans, prices, and inclusions are listed on the pricing page.
- During early access, InkDesk is free for verified studios. Paid subscriptions will activate once the in-app billing feature ships, with at least 30 days' notice to existing accounts.
- When billing is live: subscriptions will auto-renew on the cycle you select (monthly or annual) via a licensed Payment Aggregator until cancelled.
- You can cancel any time from the dashboard. Cancellation takes effect at the end of the current billing cycle.
- All amounts are in INR. GST at 18% applies and is shown on the invoice.
- We may revise pricing with 30 days' notice for existing subscribers.
6. Trial and promotional pricing
We may offer free trials or promotional pricing (e.g., first-50-artists pricing). These are at our discretion and may be changed or withdrawn at any time. They do not entitle you to extended free use beyond what is communicated.
7. Refunds
See our separate Refund Policy.
8. Third-party services
InkDesk integrates with Instagram, WhatsApp, and Razorpay. Use of those features is also subject to the respective providers' terms. We are not responsible for outages or policy changes by them.
9. Customer data and ownership
- You own the data you put into InkDesk (clients, bookings, designs, invoices).
- We process your data on your behalf as a data processor under the DPDP Act.
- You may export your data at any time. On account closure, we delete it within 90 days, subject to legal retention obligations.
10. Intellectual property
The InkDesk name, logo, software, designs, and documentation are owned by [Registered Entity Name]. You receive a non-exclusive, non-transferable licence to use the service for your studio operations during your subscription. No ownership of our IP transfers to you.
11. Service availability
We aim for 99.5% monthly uptime but make no contractual SLA at this stage. Planned maintenance will be announced in advance where possible. We are not liable for downtime caused by upstream providers (Supabase, Vercel, Razorpay, Meta).
12. Disclaimer of warranties
InkDesk is provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
13. Limitation of liability
To the fullest extent permitted by law, our total liability arising out of or in connection with the service is limited to the amounts paid by you in the twelve months immediately preceding the event giving rise to the claim. We are not liable for indirect, incidental, consequential, or punitive damages, lost profits, or loss of data.
Without limiting the foregoing, InkDesk shall in no event be liable for:
- Any payment, deposit, refund, chargeback, currency conversion, settlement delay, or financial loss arising from a transaction between a studio and its client. The studio's recourse for any such matter lies with Razorpay (as the Payment Aggregator) and ultimately with the studio's client.
- Any consequence of the studio failing to onboard with Razorpay, failing to maintain a valid merchant account, or breaching Razorpay's merchant terms.
- Any injury, infection, allergic reaction, dissatisfaction, or other harm a client may suffer from a tattoo or related service performed by the studio. The studio is solely responsible for the safety, quality, and lawfulness of the service it renders.
- Any tax liability of the studio, including GST, TDS, TCS, or income tax on receipts processed through the studio's merchant account.
- Any disruption caused by Instagram, WhatsApp / Meta, Razorpay, Supabase, Vercel, or other upstream providers, including suspension of the studio's account on those platforms.
14. Indemnity
You agree to indemnify and hold us harmless from any claim arising out of your violation of these Terms, your misuse of the service, or your violation of any third-party rights.
15. Termination
- You may cancel any time from the dashboard.
- We may suspend or terminate your account for material breach of these Terms or unlawful use.
- Sections 9, 10, 12, 13, 14, 16, 17, 18 survive termination.
16. Governing law
These Terms are governed by the laws of India. Subject to Section 17, courts at [Bengaluru / Mumbai / your jurisdiction] have exclusive jurisdiction.
17. Dispute resolution
Any dispute will first be attempted to be resolved via good-faith discussion within 30 days. If unresolved, it will be referred to arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed by mutual agreement, seated at [Bengaluru / Mumbai], conducted in English.
18. Changes
We may update these Terms. We will notify account holders by email at least 14 days before material changes take effect. Continued use after the effective date constitutes acceptance.
19. Contact
Questions: [support@your-domain.in]