SkwidInk

Self-Serve Terms of Service

Effective [DATE]

These Terms apply to SkwidInk's self-serve product tiers (Taster and Core). Enterprise engagements are governed by a separate Master Services Agreement and Statement of Work.

These Self-Serve Terms of Service (these "Terms") govern your access to and use of the SkwidKit desktop application and related services (the "Service") provided by SkwidInk ("we", "us", or "our"). By creating an account, downloading the application, or using the Service, you ("you" or "Subscriber") agree to be bound by these Terms.

1. Definitions

"Application" means the SkwidKit desktop application distributed by SkwidInk for macOS and Windows, including all updates delivered via the auto-update mechanism.

"AI Services" means the AI-powered features accessible through the Application via SkwidInk's proxy service, including but not limited to copy generation and content analysis.

"License Key" means the unique key issued to Subscriber upon subscription that activates the Application.

"Subscriber Data" means all data entered, generated, or stored by Subscriber within the Application, including but not limited to contacts, financial records, competitor research, audience profiles, content plans, and generated copy.

"Subscription Tier" means the product tier selected by Subscriber: Taster or Core, each with features and limits as described on SkwidInk's pricing page at the time of subscription.

2. License Grant

2.1. License. Subject to these Terms and payment of the applicable fees, SkwidInk grants Subscriber a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use one (1) copy of the Application on devices owned or controlled by Subscriber, solely for Subscriber's internal business purposes.

2.2. Restrictions. Subscriber will not: (a) copy, modify, distribute, sell, lease, or sublicense the Application; (b) reverse-engineer, decompile, or disassemble the Application; (c) circumvent any technical limitations, license key validation, usage metering, or feature-gating mechanisms in the Application; (d) use the Application to provide services to third parties (including managed-service, SaaS, or white-label offerings); or (e) remove or alter any proprietary notices, including the "Powered by SkwidInk" attribution.

2.3. Single-User. The self-serve license is for a single individual user. Multi-user access, team accounts, and role-based access control are available exclusively under SkwidInk's Enterprise tiers.

3. Account Registration and Subscription

3.1. Account. Subscriber must create an account on skwidink.com and provide accurate, complete information. Subscriber is responsible for maintaining the confidentiality of their License Key and account credentials.

3.2. Subscription Tiers. SkwidInk offers two self-serve tiers:

3.3. Free Trial. SkwidInk may offer a free trial period for the Taster tier. At the end of the trial, Subscriber must enter payment information to continue using the Service. If Subscriber does not subscribe, the Application enters read-only mode.

3.4. Tier Changes. Subscriber may upgrade from Taster to Core at any time. The upgrade takes effect immediately, and Subscriber is billed the pro-rated difference for the current billing cycle. Downgrades from Core to Taster take effect at the start of the next billing cycle.

4. Fees and Payment

4.1. Fees. Subscriber will pay the fees applicable to their Subscription Tier as published on SkwidInk's pricing page at the time of subscription. SkwidInk may change pricing upon thirty (30) days' notice; the new pricing takes effect at the start of the next billing cycle.

4.2. Billing. Fees are billed monthly or annually in advance via Stripe. Subscriber authorizes SkwidInk to charge the payment method on file for all applicable fees.

4.3. Taxes. Fees are exclusive of all taxes. Subscriber is responsible for all applicable sales, use, value-added, and similar taxes.

4.4. No Refunds. Fees are non-refundable except as required by applicable law or as expressly stated in these Terms.

5. AI Services

5.1. AI Proxy. AI Services are delivered through a SkwidInk-operated proxy service. Subscriber's AI requests are transmitted to SkwidInk's server, processed via a third-party AI provider (currently Anthropic), and returned to the Application. SkwidInk does not store the content of AI requests or responses beyond the duration necessary to complete the request.

5.2. Usage Limits. Each Subscription Tier includes a monthly AI generation allowance as described in Section 3.2. Unused generations do not roll over. If Subscriber exhausts their monthly allowance, AI features are unavailable until the next billing cycle.

5.3. AI Output Ownership. Subscriber retains all rights in the output generated by AI Services using Subscriber's inputs. SkwidInk makes no claim of ownership over AI-generated content. However, Subscriber acknowledges that AI outputs may not be unique, and substantially similar output may be generated for other users providing similar inputs.

5.4. AI Limitations. AI outputs are provided on an "as-is" basis. SkwidInk does not guarantee the accuracy, completeness, originality, or fitness for purpose of any AI-generated content. Subscriber is solely responsible for reviewing, editing, and approving AI outputs before use.

6. Subscriber Data

6.1. Local Storage. Subscriber Data is stored locally on Subscriber's device in a SQLite database. SkwidInk does not host, access, or control Subscriber Data, except as described in Section 5.1 (AI request content transmitted through the proxy during processing) and Section 6.3 (license key validation).

6.2. Ownership. Subscriber retains all right, title, and interest in Subscriber Data. SkwidInk does not acquire any rights in Subscriber Data by virtue of these Terms.

6.3. Data Transmitted to SkwidInk. The following data is transmitted to SkwidInk's servers: (a) License Key for subscription validation; (b) AI generation request content, transiently processed and not stored; (c) usage metrics (generation count, feature usage) for metering and billing purposes, collected in aggregate without Subscriber Data content; (d) ad platform OAuth tokens for Core-tier users who connect ad accounts, stored encrypted and used solely to authenticate API requests on Subscriber's behalf.

6.4. Export. Subscriber may export Subscriber Data at any time via the Application's built-in export function. Export format depends on Subscription Tier (Taster: CSV; Core: CSV, XLSX, PDF).

6.5. Backup. SkwidInk is not responsible for backup, recovery, or loss of Subscriber Data stored locally. Subscriber is solely responsible for maintaining backups of their data.

7. Self-Serve Branding (Core Tier)

7.1. Customization. Core-tier Subscribers may customize the Application's appearance by selecting a primary color, accent color, and uploading a logo. These customizations apply only to the Subscriber's local installation.

7.2. SkwidInk Attribution. Regardless of branding customization, the Application displays a "Powered by SkwidInk" attribution in the footer. Subscriber may not remove, obscure, or modify this attribution. Attribution-free deployments are available exclusively under SkwidInk's Enterprise tiers.

7.3. Logo Restrictions. Subscriber warrants that any logo uploaded to the Application is owned by or licensed to Subscriber, and does not infringe the intellectual property rights of any third party.

8. Ad Platform Connections (Core Tier)

8.1. Shared OAuth. Core-tier Subscribers may connect advertising platform accounts (Google Ads, Meta Ads, TikTok Ads) via SkwidInk's shared OAuth client. Subscriber authorizes SkwidInk to access the connected platform accounts solely for the purpose of retrieving advertising performance data for display within the Application.

8.2. Credentials. OAuth access tokens are stored encrypted in the Subscriber's local Application database and transmitted to the respective advertising platforms directly from the Subscriber's device. SkwidInk does not store or have ongoing access to Subscriber's advertising platform credentials.

8.3. Platform Terms. Subscriber is solely responsible for compliance with the terms of service of each connected advertising platform. SkwidInk is not a party to Subscriber's relationship with any advertising platform.

9. Intellectual Property

9.1. SkwidInk IP. The Application, including its code, design, architecture, module system, and documentation, is the exclusive property of SkwidInk and is protected by copyright, trade secret, and other intellectual property laws. These Terms do not transfer any SkwidInk intellectual property to Subscriber.

9.2. Feedback. If Subscriber provides suggestions, ideas, or feedback regarding the Application, SkwidInk may use such feedback without restriction or compensation to Subscriber.

10. Acceptable Use

Subscriber will not use the Service to: (a) violate any applicable law or regulation; (b) infringe the intellectual property rights of any third party; (c) transmit malicious code; (d) interfere with or disrupt the integrity of SkwidInk's proxy service or any other SkwidInk infrastructure; (e) attempt to gain unauthorized access to SkwidInk's systems; (f) use AI Services to generate content that is deceptive, harmful, illegal, or that violates Anthropic's Acceptable Use Policy; or (g) share, resell, or distribute License Keys.

11. Disclaimers

11.1. The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. SkwidInk does not warrant that the Service will be uninterrupted, error-free, or secure.

11.2. SkwidInk does not warrant the accuracy, reliability, or completeness of any AI-generated content, advertising data retrieved from connected platforms, or any other information displayed within the Application.

12. Limitation of Liability

12.1. To the maximum extent permitted by applicable law, in no event will SkwidInk's total aggregate liability arising out of or related to these Terms exceed the amounts paid by Subscriber to SkwidInk in the twelve (12) months preceding the event giving rise to liability.

12.2. In no event will SkwidInk be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, loss of profits, or business interruption, regardless of the theory of liability.

13. Term and Cancellation

13.1. Term. These Terms are effective upon Subscriber's acceptance and continue until the subscription is cancelled or terminated.

13.2. Cancellation by Subscriber. Subscriber may cancel their subscription at any time through their account on skwidink.com or via Stripe's customer portal. Cancellation takes effect at the end of the current billing cycle. No partial-month refunds are issued for monthly subscriptions.

13.3. Annual Subscriptions. For annual subscriptions, cancellation takes effect at the end of the current annual term. No prorated refunds are issued for the remaining months of an annual subscription, except as required by applicable law.

13.4. Termination by SkwidInk. SkwidInk may terminate Subscriber's subscription for material breach of these Terms upon fifteen (15) days' written notice if the breach remains uncured. SkwidInk may terminate immediately for violations of Section 10 (Acceptable Use).

13.5. Effect of Cancellation or Termination. Upon cancellation or termination: (a) Subscriber's License Key is deactivated; (b) the Application enters read-only mode (Subscriber Data remains accessible locally but no new entries, edits, or AI requests are permitted); (c) Subscriber may continue to export Subscriber Data in read-only mode. SkwidInk will not delete or restrict access to locally stored Subscriber Data.

13.6. Survival. Sections 6 (Subscriber Data), 9 (Intellectual Property), 11 (Disclaimers), 12 (Limitation of Liability), and 15 (Governing Law) survive cancellation or termination.

14. Modifications to Terms

14.1. SkwidInk may modify these Terms at any time by posting the revised Terms on skwidink.com and providing Subscriber with notice via email or in-app notification at least thirty (30) days before the changes take effect.

14.2. Subscriber's continued use of the Service after the effective date of modified Terms constitutes acceptance. If Subscriber does not agree to the modified Terms, Subscriber must cancel their subscription before the effective date.

15. Governing Law and Dispute Resolution

15.1. Governing Law. These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

15.2. Dispute Resolution. Any dispute arising under these Terms will be resolved by binding arbitration under the rules of JAMS in Los Angeles, California. Either party may seek injunctive relief in a court of competent jurisdiction.

15.3. Class Action Waiver. Subscriber agrees to resolve disputes with SkwidInk on an individual basis and waives the right to participate in a class action, class-wide arbitration, or representative proceeding.

16. General Provisions

16.1. Entire Agreement. These Terms constitute the entire agreement between Subscriber and SkwidInk regarding the self-serve Service and supersede all prior agreements and understandings.

16.2. Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in effect.

16.3. Assignment. Subscriber may not assign these Terms without SkwidInk's prior written consent. SkwidInk may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets.

16.4. No Waiver. SkwidInk's failure to enforce any provision of these Terms does not constitute a waiver of that provision.

16.5. Contact. Questions about these Terms may be directed to legal@skwidink.com.

Questions about these Terms may be directed to legal@skwidink.com.