Terms of Use

Acceptance

These Terms of Use (“Terms”) form a binding agreement between you and Ink & Proof (“Company,” “we,” “us,” or “our”) and govern your access to and use of the Ink & Proof website, writing editor, application programming interfaces, and related services (collectively, the “Service”). By creating an account, accessing, or using the Service, you agree to be bound by these Terms.

If you are entering into these Terms on behalf of a company, school, publication, or other organization (an “Organization”), you represent that you have authority to bind that Organization, and “you” refers to both you individually and the Organization. Organizational and Enterprise accounts are additionally governed by the Enterprise Terms of Use, which supplement these Terms.

If you do not agree to these Terms, do not access or use the Service.

The service

Ink & Proof provides a writing editor that records behavioral signals during composition — including session count and duration, word-count progression, edit density, and paste events — and combines those signals with information you self-disclose about your use of artificial intelligence (“AI”) to generate a cryptographically signed record (a “Proof”) describing the process used to produce a given piece of writing (a “Draft”). Proofs are assigned to one of several disclosure tiers as described on our methodology page (the “Methodology”), which we may update from time to time. Material changes are versioned publicly, and previously issued Proofs continue to reference the Methodology version in effect when they were generated.

What a Proof is — and isn’t

You acknowledge and agree that:

The Service is a deterrent and a disclosure mechanism, not a detection system. It is designed to make undisclosed or misrepresented AI use inconvenient and to create a public, falsifiable record of an author’s self-reported process — not to determine, with certainty, whether AI was used to produce any piece of writing.

Behavioral signals can reasonably be circumvented. A sufficiently motivated user can produce session, timing, and edit-density data consistent with unassisted composition while in fact incorporating AI-generated content — for example, by manually retyping or transcribing AI output across multiple sessions, by conducting AI-assisted research or drafting in a separate application and incorporating it from memory, or by other means designed to mimic the behavioral signature the Service looks for. We do not warrant, and expressly disclaim, that the Service can detect, prevent, or guarantee the absence of undisclosed AI involvement in any Draft or Proof.

A Proof reflects self-disclosure plus observed signals, not independent verification. Tier assignment depends in material part on information you provide. We have no ability to verify the truthfulness of your disclosures beyond the behavioral checks described in the Methodology, and do not independently fact-check, edit, or otherwise verify the substantive content of any Draft.

A Proof is not a certification of quality, originality, accuracy, or non-infringement. A Proof is a record of our stated methodology applied to the available data at the time of issuance, and may not be construed, represented, or marketed by you as a legal or evidentiary certification of authenticity beyond that.

Accounts

You must be at least 18 years old, or the age of majority in your jurisdiction, to create an individual account. You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account, whether or not authorized by you — notify us promptly of any unauthorized use. You agree to provide accurate, current, and complete information when creating an account and when completing any disclosure within the Service, and to keep that information up to date.

Subscriptions and payment

The Service is offered on a free tier and on paid subscription tiers, including an individual “Pro” plan and a seat-based Organizational/Enterprise plan, each with the features, limits, and pricing described on our pricing page as may be updated from time to time. Paid subscriptions are billed through our third-party payment processor (currently Stripe). By subscribing, you authorize us and our payment processor to charge your payment method on a recurring basis until you cancel; we are not responsible for delays, failures, or errors caused by the payment processor. You may cancel at any time, effective at the end of the then-current billing period — except as required by applicable law, fees already paid are non-refundable. We may change subscription pricing on a going-forward basis with reasonable notice; continued use of a paid plan after a price change takes effect constitutes acceptance of the new price.

Your writing

As between you and us, you retain all ownership rights in the text and other material you input into the Service (“User Content”). We claim no ownership over the substantive content of your writing, do not train models on it, and do not share it with third parties.

You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, reproduce, and display your User Content and the metadata generated from it (including session, edit, and paste data) solely as necessary to operate, maintain, and improve the Service, to generate and display Proofs and receipt pages you elect to publish, and to comply with applicable law.

When you finalize a Draft and generate a Proof, certain information — including the Proof’s tier, your disclosures, aggregate session metadata, and, if you choose, your display name and a link to your published piece — becomes publicly accessible at a unique URL and via an embeddable stamp. You are solely responsible for what you choose to publish and for any consequence of that publication; we are not responsible for content you elect to make public.

You represent and warrant that you have all rights necessary to submit your User Content to the Service and that it does not infringe, misappropriate, or violate any third party’s intellectual property, privacy, or other rights, and does not violate any applicable law.

Disclosures and acceptable use

You agree to answer the Service’s AI-use disclosure questions honestly and to the best of your knowledge at the time each Proof is generated. You agree not to: (a) misrepresent your use of AI in any disclosure; (b) attempt to manipulate, spoof, or artificially generate session, timing, edit-density, or paste-event data in a manner designed to obtain a tier assignment that does not reflect your actual process; (c) generate a Proof for content you did not substantially author or direct; (d) reverse-engineer, decompile, or attempt to extract the Service’s signing keys, scoring logic, or source code, except to the extent such restriction is prohibited by applicable law; (e) use the Service in a way that violates any applicable law or third party’s rights; or (f) interfere with or attempt to disrupt the Service’s infrastructure.

If we determine, based on the evidence reasonably available to us, that you have violated the above or otherwise misrepresented your process, we may, in our sole discretion and without prior notice: suspend or terminate your account; retroactively flag, annotate as disputed, or revoke any Proof associated with your account; and publicly identify your account as having circumvented or attempted to circumvent the Service’s Methodology, consistent with the public commitment described in the Methodology.

Intellectual property

The Service, including its software, the Ink & Proof name and marks, the visual design of the editor, receipt pages, and stamps, and the Methodology document itself (apart from your own substantive writing), are our property and that of our licensors and are protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, we reserve all right, title, and interest in the Service. If you provide us with feedback or suggestions about the Service, you grant us an unrestricted, royalty-free, perpetual license to use that feedback for any purpose without obligation to you.

Third-party platforms and reliance by others

The Service may be used alongside third-party platforms (such as Substack) where you choose to publish your writing and embed a stamp. We do not control, and are not responsible for, those platforms’ availability, content, policies, or how they render embedded content.

A Proof may be viewed and relied upon by third parties — readers, publishers, employers, institutions, or others — who are not a party to these Terms. We have no relationship with, and no liability to, any such third party arising from their reliance on any Proof, regardless of whether the Proof or the underlying disclosure on which it is based is later found to be inaccurate or incomplete.

Organizational and Enterprise accounts

If you access the Service through an Organization’s seat-based plan, additional terms covering Administrators, Members, domain-based enrollment, minors, and institutional data handling apply — see the Enterprise Terms of Use. The Enterprise Terms supplement these Terms; in the event of a conflict between the two as applied to an Organizational account, the Enterprise Terms control.

Term and termination

These Terms remain in effect for as long as you maintain an account or otherwise use the Service. You may close your account at any time through your account settings or by contacting us. We may suspend or terminate your access to the Service, with or without notice, for any violation of these Terms, for non-payment, for extended inactivity, or for any other reason in our reasonable business judgment, including discontinuation of the Service.

Upon termination, your right to access the Service ends, but previously published Proofs and receipt pages may remain publicly accessible unless we determine, in our discretion, that removal is appropriate. The sections titled “What a Proof Is — and Isn’t,” “Your Writing,” “Intellectual Property,” “Third-Party Platforms and Reliance by Others,” “Disclaimer of Warranties,” “Limitation of Liability,” “Indemnification,” and “Governing Law and Dispute Resolution” survive termination, as do any applicable provisions of the Enterprise Terms of Use.

Disclaimer of warranties

THE SERVICE, INCLUDING ALL PROOFS, TIER ASSIGNMENTS, AND METHODOLOGY OUTPUTS, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) ANY PROOF OR TIER ASSIGNMENT WILL BE ACCURATE, COMPLETE, OR FREE FROM MANIPULATION BY THE AUTHOR OR ANY THIRD PARTY; OR (C) THE SERVICE WILL DETECT ANY UNDISCLOSED USE OF ARTIFICIAL INTELLIGENCE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INK & PROOF, ITS OFFICERS, DIRECTORS, EMPLOYEES, FOUNDERS, CONTRACTORS, OR AGENTS (COLLECTIVELY, THE “COMPANY PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, REPUTATION, OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY PARTIES’ TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE AMOUNT YOU OR YOUR ORGANIZATION PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

WITHOUT LIMITING THE FOREGOING, THE COMPANY PARTIES WILL HAVE NO LIABILITY FOR: (A) ANY MISUSE OF THE SERVICE BY YOU, ANY OTHER USER, OR ANY THIRD PARTY, INCLUDING CIRCUMVENTION OF THE BEHAVIORAL ANALYSIS DESCRIBED IN THE METHODOLOGY; (B) ANY DISCLOSURE OR REPRESENTATION MADE BY ANY AUTHOR THROUGH THE SERVICE, WHETHER OR NOT ACCURATE; (C) ANY THIRD PARTY’S RELIANCE ON ANY PROOF, TIER ASSIGNMENT, OR RECEIPT PAGE, OR ANY DECISION MADE IN RELIANCE ON THE FOREGOING; (D) ANY DEFAMATION, REPUTATIONAL HARM, OR OTHER CONSEQUENCE ARISING FROM A PROOF OR THE DISCLOSURES UNDERLYING IT, ACCURATE OR INACCURATE; OR (E) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT DESPITE OUR USE OF REASONABLE SECURITY MEASURES.

NOTHING IN THIS SECTION LIMITS OR EXCLUDES OUR LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING CALIFORNIA CIVIL CODE SECTION 1668. YOU ACKNOWLEDGE THAT WE HAVE SET OUR PRICES AND ENTERED INTO THESE TERMS IN RELIANCE ON THE LIMITATIONS AND DISCLAIMERS ABOVE, WHICH REFLECT A REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES.

Indemnification

You agree to defend, indemnify, and hold harmless the Company Parties from and against any and all claims, demands, suits, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your access to or use of the Service; (b) your User Content; (c) any disclosure, representation, or certification you make through the Service, including any inaccurate or incomplete AI-use disclosure; (d) any Proof you generate, publish, share, or rely upon, or any third party’s reliance on it; (e) your violation of these Terms; (f) your violation of any applicable law or the rights of any third party; or (g) if you are an Organization, the acts or omissions of your Administrators or Members. We reserve the right, at your expense, to assume exclusive control of the defense of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

This indemnification is one-directional: we do not indemnify you, your Organization, or any third party for any claim arising from your or their use of the Service, except to the extent expressly stated otherwise in a separately executed written agreement signed by us.

Governing law and dispute resolution

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of California, without regard to its conflict-of-laws principles.

Except for claims described below, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures then in effect, conducted by a single arbitrator in San Bernardino County, California (or, at your election, by telephone, video conference, or submission of documents only for claims under $10,000). Judgment on the arbitration award may be entered in any court having jurisdiction.

You and we agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. Nothing here prevents either party from seeking public injunctive relief in court to the extent applicable law prohibits a waiver of the right to seek such relief in arbitration.

You may opt out of this arbitration agreement by sending written notice to hello@inkandproof.com within thirty (30) days of first accepting these Terms, identifying your name, account email, and a clear statement that you decline to be bound by the arbitration provision. If you opt out, all other provisions of these Terms, including the class action waiver, remain in effect, and any dispute will instead be resolved in the courts identified below.

Either party may bring an individual action in small claims court, and either party may seek injunctive or other equitable relief in court to prevent actual or threatened infringement, misappropriation, or violation of a party’s intellectual property or confidentiality rights. For any dispute not subject to arbitration, the state and federal courts located in San Bernardino County, California, have exclusive jurisdiction, and you consent to personal jurisdiction in, and waive any objection to venue in, those courts.

Changes to these terms

We may modify these Terms from time to time. Material changes will be noted by posting an updated version here with a new “Last updated” date, and, where required by law, by additional notice. Continued use of the Service after changes take effect constitutes acceptance.

General terms

These Terms, together with the Methodology and any other policies referenced here, constitute the entire agreement between you and us regarding the Service. If any provision is held unenforceable, it will be limited or eliminated to the minimum extent necessary, and the rest remains in effect. Our failure to enforce any provision is not a waiver of our right to do so later. You may not assign or transfer these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control. Nothing here creates a partnership, joint venture, agency, or employment relationship between you and us. Section headings are for convenience only and do not affect interpretation.

Contact

Questions about these Terms may be directed to hello@inkandproof.com.