Terms of Service

Last updated: May 17, 2026

1. Agreement to Terms

By accessing or using InkWaiver ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of a business (a tattoo or piercing studio), you represent that you have authority to bind that business to these Terms. If you do not agree, do not use the Service.

2. Description of Service

InkWaiver provides a software-as-a-service platform that enables tattoo and piercing studios ("Shop Owners") to create, distribute, and manage digital consent forms. Clients of those studios ("Clients") fill out forms via a web interface. The Service includes:

  • Customizable consent form templates
  • Electronic signature capture (drawn and typed)
  • Form submission management and search
  • PDF export with audit trail
  • QR code generation for form distribution
  • Artist management

3. Account Registration

  • You must provide accurate, complete information when creating an account.
  • You are responsible for maintaining the security of your account credentials.
  • You must notify us immediately of any unauthorized access to your account.
  • One account corresponds to one shop. You may not share account credentials across multiple businesses.

4. Free Trial and Subscription

4.1 Free Trial

New accounts receive a 14-day free trial with full access to all features. No credit card is required to start the trial. At the end of the trial, your account becomes read-only: you can access existing submissions but cannot collect new ones.

4.2 Paid Subscription

  • Monthly plan: €14/month
  • Annual plan: €140/year (approximately 17% savings)

Payments are processed by Polar.sh. By subscribing, you also agree to Polar.sh's terms of service.

4.3 Cancellation

You may cancel your subscription at any time through the billing section of your dashboard or via your Polar.sh account. Upon cancellation, your subscription remains active until the end of the current billing period. After that, your account reverts to read-only mode. No partial refunds are provided for unused portions of a billing period.

4.4 EU Right of Withdrawal

Under the EU Consumer Rights Directive, you have the right to withdraw from a digital service contract within 14 days of purchase without giving a reason. If you have actively used the Service during the withdrawal period, you may be charged a proportional amount for the period of use. To exercise this right, contact us at support@inkwaiver.com.

5. Data Processing and Your Responsibilities

5.1 Shop Owner as Data Controller

As a Shop Owner, you are the Data Controller under the GDPR for all Client data collected through your consent forms. You are responsible for:

  • Ensuring you have a lawful basis to collect Client data, including health data (GDPR Article 9).
  • Providing your Clients with appropriate privacy notices about how their data is used.
  • Responding to data subject access requests (DSARs) from your Clients.
  • Determining appropriate data retention periods for your submissions.
  • Complying with all applicable local laws regarding consent forms, age verification, and health data.

5.2 InkWaiver as Data Processor

InkWaiver processes Client data solely on your behalf and according to your instructions. By using the Service, you enter into a Data Processing Agreement (DPA) with us, the terms of which are incorporated into these Terms. Key processor commitments:

  • We process Client data only to provide the Service.
  • We do not sell, rent, or share Client data with third parties for their own purposes.
  • We implement appropriate technical and organizational security measures.
  • We assist you in responding to data subject requests.
  • We notify you without undue delay of any personal data breach affecting Client data.
  • Our sub-processors are listed in our Privacy Policy.

5.3 Health Data

Consent forms may collect special category data (health information) as defined by GDPR Article 9. As the Data Controller, you must ensure that the collection of health data is necessary and that explicit consent is obtained from the Client. InkWaiver provides a data processing consent mechanism on the form for this purpose, but the ultimate responsibility for lawful collection rests with you.

6. Acceptable Use

You agree not to:

  • Use the Service for any purpose other than managing consent forms for tattoo, piercing, or related body art services.
  • Collect data from Clients beyond what is necessary for the consent form purpose.
  • Upload malicious content, viruses, or code through form templates.
  • Attempt to access other users' data or circumvent security measures.
  • Use the Service to collect data from children under 16 without verified parental/guardian consent.
  • Resell, sublicense, or redistribute the Service without our written permission.

7. Electronic Signatures

InkWaiver facilitates the capture of electronic signatures that qualify as Simple Electronic Signatures (SES) under the EU eIDAS Regulation and meet requirements of the US ESIGN Act and UETA. Each signature is accompanied by an audit trail (timestamp, IP address, content hash) to support its validity.

InkWaiver does not provide Qualified Electronic Signatures (QES) or Advanced Electronic Signatures (AdES). The legal sufficiency of an electronic signature for your specific use case depends on your jurisdiction and the nature of the document. You are responsible for determining whether the level of electronic signature provided is appropriate for your needs.

8. Intellectual Property

  • Our IP: The InkWaiver platform, code, design, and branding are our property. These Terms grant you a limited, non-exclusive, non-transferable license to use the Service during your subscription.
  • Your content: You retain ownership of your form templates, branding, and configuration. Client data belongs to the Client; you hold it as Data Controller under applicable law.

9. Service Availability and Warranty Disclaimer

We aim for high availability but do not guarantee uninterrupted access. The Service is provided "as is" without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that the Service will meet specific legal or regulatory requirements in your jurisdiction. You are responsible for verifying that the forms you create comply with local laws governing consent, health data collection, and age verification.

10. Limitation of Liability

To the maximum extent permitted by applicable law:

  • InkWaiver's total liability for any claims arising from these Terms or use of the Service is limited to the fees you have paid us in the 12 months preceding the claim.
  • We are not liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.
  • We are not liable for any legal disputes between you and your Clients regarding the content or enforceability of consent forms.

Nothing in these Terms limits liability for death, personal injury caused by negligence, fraud, or any liability that cannot be excluded under applicable law.

11. Indemnification

You agree to indemnify and hold harmless InkWaiver from any claims, damages, or expenses (including reasonable legal fees) arising from:

  • Your use of the Service in violation of these Terms.
  • Your failure to comply with GDPR or other data protection laws as the Data Controller.
  • Content you create or collect through the Service.
  • Any dispute between you and your Clients regarding consent or services provided.

12. Account Termination

  • By you: You may delete your account at any time. All data will be permanently deleted within 30 days.
  • By us: We may suspend or terminate your account for violation of these Terms, non-payment, or if required by law. We will provide reasonable notice where possible.
  • Data after termination: Upon termination, you may request an export of your data within 30 days. After that period, all data is permanently deleted.

13. Changes to These Terms

We may modify these Terms at any time. Material changes will be communicated via email at least 30 days before they take effect. Continued use of the Service after changes take effect constitutes acceptance. If you do not agree, you may cancel your subscription before the changes apply.

14. Governing Law and Disputes

These Terms are governed by the laws of the European Union and the Member State where InkWaiver is established. Any disputes shall be resolved in the competent courts of that jurisdiction. If you are an EU consumer, you retain the right to bring proceedings in the courts of your country of residence and to benefit from mandatory consumer protection provisions of your local law.

You may also use the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr .

15. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force and effect.

16. Contact

For questions about these Terms:

Email: support@inkwaiver.com