Inklings Terms of Service — DRAFT

DRAFT DOCUMENT — NOT YET IN EFFECT

These terms of service are a working draft and have not been reviewed by legal counsel. They must undergo professional legal review before publication or enforcement. Do not publish or rely on this document as-is.

Effective Date: [TBD — to be set upon legal review and publication]

Last Updated: [TBD]

1. Acceptance of Terms

By downloading, installing, or using Inklings (“the Application”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the Application.

Inklings is developed and operated by Overlund Media Group (“we,” “our,” or “us”).

2. Description of Service

Inklings is a desktop writing and note-taking application that stores your content locally on your device. Optional cloud features, including multi-device sync and authentication, are available to users who create an account.

3. Account Responsibilities

3.1 Account Creation

To use cloud sync and related features, you must create an account. You may register using email/password, magic link, or a supported third-party OAuth provider.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials.
• All activity that occurs under your account.
• Notifying us promptly if you become aware of any unauthorized use of your account.

3.3 Accuracy of Information

You agree to provide accurate and complete information when creating your account and to keep this information up to date.

4. Data Ownership

4.1 Your Content Belongs to You

You retain full ownership of all content you create, import, or store using Inklings. We do not claim any intellectual property rights over your content.

4.2 Limited License to Provide Services

By using cloud sync features, you grant us a limited, non-exclusive license to store, transmit, and process your content solely for the purpose of providing the sync service to you. This license terminates when you delete your content or your account.

4.3 Local Data

Content stored only on your local device is entirely under your control. We have no access to, and make no claims regarding, data that is not synced to our cloud services.

5. Acceptable Use

You agree not to use Inklings to:

• Violate any applicable laws or regulations.
• Infringe upon the intellectual property rights of others.
• Store or transmit malicious code, malware, or harmful content through our cloud services.
• Attempt to gain unauthorized access to our systems, other users’ accounts, or data.
• Interfere with or disrupt the integrity or performance of our cloud services.
• Use our cloud services to store or distribute illegal content.

We reserve the right to suspend or terminate accounts that violate these terms.

6. Service Availability

6.1 Local Functionality

The core functionality of Inklings operates locally on your device and does not depend on internet connectivity or our servers. We do not guarantee compatibility with any specific operating system version or hardware configuration.

6.2 Cloud Services

Cloud sync and authentication services are provided on an “as-is” and “as-available” basis. We do not guarantee:

• Uninterrupted or error-free operation of cloud services.
• Any specific level of uptime or availability.
• That cloud services will meet your specific requirements.

We may perform maintenance, updates, or modifications to cloud services that result in temporary unavailability. We will make reasonable efforts to provide advance notice of planned downtime.

6.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Application or cloud services at any time. For significant changes that affect your data, we will provide reasonable notice and, where feasible, an opportunity to export your data.

7. Intellectual Property

7.1 Application Rights

The Inklings application, including its code, design, trademarks, and documentation, is the intellectual property of Overlund Media Group and is protected by applicable intellectual property laws.

7.2 License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Application for your personal or internal business purposes.

7.3 Restrictions

You may not:

• Reverse engineer, decompile, or disassemble the Application, except where permitted by applicable law.
• Modify, adapt, or create derivative works based on the Application.
• Distribute, sublicense, lease, or lend the Application to third parties.
• Remove or alter any proprietary notices or labels on the Application.

8. Limitation of Liability

8.1 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND CLOUD SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OVERLUND MEDIA GROUP BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages.
• Any loss of data, profits, revenue, or business opportunities.
• Any damages arising from your use of or inability to use the Application or cloud services.

8.3 Data Loss

While we implement reasonable measures to protect your data, you acknowledge that:

• Local data is subject to the risks inherent in local storage (hardware failure, accidental deletion, etc.).
• Cloud sync may experience interruptions or errors.
• You are responsible for maintaining your own backups of important content.

9. Indemnification

You agree to indemnify and hold harmless Overlund Media Group, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

• Your use of the Application or cloud services.
• Your violation of these Terms.
• Your violation of any third-party rights.

10. Termination

10.1 Termination by You

You may stop using Inklings at any time by uninstalling the Application. If you have a cloud account, you may request account deletion by contacting us.

10.2 Termination by Us

We may suspend or terminate your access to cloud services if:

• You violate these Terms.
• Your use of the service poses a security risk or may harm other users.
• We are required to do so by law.

We will provide reasonable notice before termination where possible, except in cases of serious violations or legal requirements.

10.3 Effect of Termination

Upon termination:

• Your local data remains on your device and is unaffected.
• Your access to cloud sync services will cease.
• We will delete your cloud-stored data in accordance with our Privacy Policy.

11. Dispute Resolution

This section will be completed upon legal review.

12. Changes to These Terms

We may update these Terms from time to time. When we make changes:

• We will update the “Last Updated” date at the top of this document.
• For material changes, we will provide notice through the Application or other reasonable means.
• Continued use of the Application after changes take effect constitutes acceptance of the updated Terms.

If you do not agree with updated Terms, you may stop using the Application and request deletion of your cloud account.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Overlund Media Group regarding your use of Inklings.

13.2 Severability

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

13.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

13.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

14. Governing Law

This section will be completed upon legal review.

15. Contact Information

If you have questions about these Terms, contact us at:

Overlund Media Group

Reminder: This document is a DRAFT and requires professional legal review before use. It is provided as a starting point and should not be treated as legal advice or finalized terms.