Terms of Use.

A. Eligibility.

Access to the Services is limited to individuals and entities that meet the eligibility requirements described in this Agreement. To create an account or use any INKPAY Services, you must:

1. Be at least eighteen (18) years of age at the time of registration;
2. Have the legal capacity to enter into binding agreements;
3. Reside in a jurisdiction where the Services are legally offered and not be located in, or acting on behalf of, any sanctioned or restricted territory; and
4. Comply with all applicable laws, regulations, and card-network requirements.

INKPAY does not knowingly permit individuals under the age of 18 to open accounts or directly access subscription tiers, monetization features, or payout cards. If an underage individual seeks to participate in limited platform activities, any access to payouts or financial instruments must be handled exclusively through an eligible parent or legal guardian, subject to INKPAY’s approval and additional verification requirements.

INKPAY reserves the right to refuse, suspend, or terminate access to the Services if eligibility requirements are not met or cease to be met.

B. Registration and Account Access.

To access certain features of the Services, you must register for and maintain an account (an “Account”). During registration, you agree to provide accurate, current, and complete information, which may include:

1. Full name, residential address, phone number, and email address;
2. Age confirmation and identity verification;
3. Payment information for subscription services (if applicable);
4. Social media handles or identifiers used solely for analytics, attribution, and reporting features; and
5. Any additional information required by INKPAY’s banking, card-network, or payment partners.

You authorize INKPAY, directly or through third-party service providers, to collect, use, share, and validate this information for purposes including identity verification, compliance checks (including Know Your Customer (“KYC”), Anti-money Laundering (“AML”), and sanctions screening), fraud prevention, subscription management, and payout processing, as further described in our Privacy Policy.

C. Account Security and Management.

You are responsible for maintaining the confidentiality and security of your Account credentials and for all activity that occurs under your Account, whether authorized or unauthorized. This responsibility extends to any administrator, agent, or other individual you authorize to access the Services on your behalf. You agree to notify INKPAY immediately of any suspected unauthorized access, security breach, or misuse of your Account. INKPAY may suspend or restrict access to your Account if we reasonably believe your Account has been compromised or presents a security or compliance risk.

D. Subscription Tiers.

INKPAY offers both free and paid subscription options, known as SuperPass tiers. Subscriptions are optional and are designed to give users access to additional tools, analytics, and expanded reward/earning opportunities. A User may remain on the free tier indefinitely.

1. Available Subscription Tiers

The current SuperPass tiers and their high-level features are outlined at inkpayapp.com and within the INKPAY App. Detailed descriptions of features, eligibility requirements, limits, and availability are provided during checkout and can be reviewed at any time in the user’s account dashboard and/or FAQs.

INKPAY may update features, limits, or availability from time to time, and some benefits may be subject to capacity, geographic availability, or compliance requirements.

2. Subscription Billing and Renewal

Paid SuperPass subscriptions are billed on a monthly or annual recurring basis, depending on your selected plan, and automatically renew at the end of each billing cycle unless canceled by the user.

• There are no long-term commitments.
• Users may upgrade, downgrade, or cancel their subscription at any time directly through their account settings.
• To avoid being charged for the next billing cycle, cancellations must be completed prior to your next billing date.
• Upgrades take effect immediately. Downgrades or cancellations of a paid SuperPass subscription take effect at the end of your current paid billing period. You will retain access to your paid tier features until that period expires, at which point your account will move to the downgraded tier.
• Downgrading or canceling a paid SuperPass subscription does not result in the loss of your INK ID or your existing network connections. However, subsequent rewards will accrue based on the limits of the lower tier.
• Note: Permanently closing or deleting your INK ID account (which is distinct from canceling a paid subscription) will result in the permanent loss of all user connections and forfeiture of all pending earnings from the date and time of account closure.

3. Annual Subscriptions and Auto-Renewal

If you choose to purchase or upgrade to the Elite tier via an annual subscription, you will be billed upfront for the entire twelve (12) month term. This annual commitment applies a 20% discount against the standard month-to-month rate. Your annual subscription will automatically renew for successive twelve-month periods at the then-current annual rate. To ensure full transparency and compliance with automatic renewal laws, INKPAY will send a billing reminder to your registered email address approximately thirty (30) days, and again seven (7) days, prior to processing your annual renewal charge.

4. Subscription Refunds & Annual Cancellations

INKPAY does not offer refunds for voluntary cancellation, a change of mind, or dissatisfaction during the billing cycle. Unless required by applicable law, all subscription fees, including upfront annual payments, are non-refundable. Because the annual plan includes a significant upfront discount, we do not offer prorated refunds for mid-term cancellations. Cancellation only stops future renewal, and access to the current tier remains until the end of your current billing cycle. Also see Section VIII (Refunds and Chargebacks).

5. Disclosure of Terms

Before a user subscribes to a paid tier, INKPAY clearly presents the subscription price, billing frequency, renewal terms, included features, and cancellation instructions. This information is shown prior to checkout and remains accessible in the user’s account dashboard after enrollment.

E. Exclusives and Promotions

INKPAY may offer access to certain exclusive features, boosts, early releases, or pilot programs (“Exclusives”). Access to Exclusives is determined based on subscription level and documented system criteria, such as feature availability, eligibility requirements, usage thresholds, or capacity limits.

Any limitations, conditions, or availability constraints applicable to Exclusives are disclosed during signup or in-app and may vary over time. Access to Exclusives is not guaranteed, may be modified or discontinued, and does not create an entitlement to future availability.

INKPAY may also offer promotional benefits or temporary enhancements from time to time. All promotional descriptions and claims are based on measurable product functionality and are not intended to promise specific results, earnings, or outcomes.

Exclusives and promotions do not alter the underlying subscription billing terms, do not affect reward calculations unless expressly stated, and are not chance-based.

F. No Gambling; Promotional Sweepstakes and Contests

INKPAY does not provide, facilitate, or permit gambling services, wagering activities, games of chance, or chance-based rewards as any part of its core platform, subscription offerings, or reward programs. Nothing in the Services shall be construed as permitting or authorizing gambling or other activities regulated as such under applicable law.

From time to time, INKPAY may offer promotional sweepstakes, contests, or giveaways (“Promotions”), each of which will be conducted in full compliance with all applicable federal, state, and local laws and regulations. Participation in any Promotion is voluntary and will be subject to separate, clearly disclosed official rules or terms and conditions, which will specify eligibility requirements, entry procedures, prizes, odds of winning, and any other material terms. Users are responsible for reviewing and complying with the applicable Promotion rules prior to participation.

Participation in any such Promotion is not required to use any aspect of the INKPAY Services, and Promotions are not a condition of membership, subscription, or use of the Services. Promotions are not a core feature of the platform and do not impact or determine a user’s subscription status, reward payments, or access to any features of the Services.

INKPAY expressly disclaims any and all liability arising from unauthorized participation in any purported sweepstakes, contests, or similar activities not expressly sponsored or administered by INKPAY.

G. Fees and Payment Authorization.

Some Services, including paid SuperPass subscriptions, require payment of fees. By subscribing to a paid plan, you authorize INKPAY and its payment processors to charge your selected payment method for applicable subscription fees in accordance with Section D.2. (Subscription Billing and Renewal).

Subscription fees are charged on a recurring monthly or annual basis unless you cancel. If a payment is declined or fails, we may retry the charge and may suspend or limit access to paid features until payment is successfully completed.

You are responsible for maintaining accurate and up-to-date payment information. Any applicable taxes may be added to subscription fees where required by law.

Payments are processed by third-party payment providers. INKPAY does not store full payment card information and is not responsible for the services provided by payment processors, which are governed by their own terms and policies. Eligible earnings are scheduled to be processed on the 10th of each month for all previous calendar month activity. Payments are subject to eligibility, verification, processing requirements, and final terms. INKPAY, at its sole discretion, may hold funds for reasonable cause and investigation.

H. Prohibited Uses.

Users may not use the Services in any way that is unlawful, fraudulent, or inconsistent with this Agreement. In particular, users may not:

• Use the Services for illegal purposes or in connection with sanctioned or restricted jurisdictions;
• Impersonate another person or entity, or misrepresent their affiliation with any individual or organization;
• Interfere with, disrupt, or attempt to gain unauthorized access to the Services or related systems;
• Reverse engineer, scrape, or otherwise misuse the platform or its data;
• Use the Services to conduct competitive research or to develop competing products or services;
• Manipulate, exploit, or artificially inflate rewards, referrals, or platform activity; or
• Violate the INKPAY Program Rules, Creator Guidelines, Brand Guidelines, or published Zero Tolerance policy.
• All MLM/Direct Sales business practices and representations regarding INKPAY by the user are strictly prohibited and cause for immediate termination and permanent ban from INKPAY and all subsidiaries. This includes sales pitches, video production, social media posts, online activity, events, vernacular, and distasteful sales practices.

INKPAY reserves the right to investigate violations and take appropriate action, including suspension or termination of access.

I. Minors and Guardian Accounts.

INKPAY’s Services are intended for users who are eighteen (18) years of age or older. Individuals under 18 may not independently create accounts, subscribe to paid tiers, or receive payouts through the platform.

To the extent INKPAY allows limited participation involving an underage individual, such participation must occur only through a verified parent or legal guardian, subject to INKPAY’s approval and applicable legal requirements. Any access to payouts or future financial instruments offered by INKPAY must be controlled and managed exclusively by the guardian.

The guardian is solely responsible for all account activity, compliance obligations, and any payouts or distributions associated with such access.

A. Ownership; Limited License.

The Services, and all materials made available through the Services (including software, code, images, text, graphics, logos, audio-visual content, and documentation) are owned by INKPAY or our licensors and are protected by intellectual property and other laws. Subject to this Agreement, INKPAY grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for their intended purpose and in compliance with this Agreement. INKPAY and its licensors reserve all rights not expressly granted.

B. Restrictions.

You may not (and may not permit any third party to): (a) copy, modify, create derivative works of, translate, adapt, or otherwise alter the Services; (b) reverse engineer, decompile, or attempt to extract source code except to the extent such restriction is prohibited by applicable law; (c) remove, obscure, or alter any proprietary notice; (d) access or use the Services for competitive analysis or to build a competing product or service; or (e) use any robot, scraper, or other automated means to access the Services except as expressly permitted by INKPAY.

C. Trademarks.

INKPAY names, logos, product and service names, designs, and slogans are trademarks or trade dress of INKPAY or its licensors. You may not use any of these marks without INKPAY’s prior written permission.

D. User Content; License You Grant.

If you upload, post, or otherwise provide content to or through the Services (“User Content”), you retain any ownership rights you hold in that User Content. You grant INKPAY a non-exclusive, worldwide, royalty-free, transferable, and sublicensable license to host, store, reproduce, adapt, publish, display, perform, and distribute your User Content solely as necessary to operate, provide, secure, improve, and promote the Services, and to comply with law. You are responsible for your User Content and represent that you have all rights necessary to grant this license.

E. Feedback.

We welcome suggestions, ideas, or other feedback about the Services (“Feedback”). If you provide Feedback, you agree that INKPAY may use it without restriction or compensation and that INKPAY has no confidentiality obligations regarding such Feedback. This section survives termination of this Agreement.

F. DMCA/Copyright.

INKPAY respects intellectual property rights and will respond to valid notices of alleged infringement.

G. DMCA Notice (Copyright).

If you believe content on the Services infringes your copyright, send a notice to our designated agent at support@inkpayapp.com (or by mail to INKPAY Legal, 30767 Gateway Pl. Suite 160, Rancho Mission Viejo, CA 92694) that includes:

• Your physical or electronic signature;
• Identification of the copyrighted work claimed to be infringed;
• Identification of the allegedly infringing material (URL or precise location);
• Your contact information (name, address, phone, email);
• A statement that you have a good-faith belief the use is not authorized; and
• A statement under penalty of perjury that the notice is accurate and that you are the copyright owner or authorized agent.

H. Trademark Notice.

If you believe your trademark is being used in a way that infringes your rights, email support@inkpayapp.com with: (i) your mark(s) and registration number(s) (if any), (ii) a description of the alleged misuse, and (iii) where it appears in the Services.

I. Repeat Infringers.

INKPAY may remove or disable content and may terminate accounts of users who repeatedly infringe IP rights.

A. Overview.

INKPAY may offer one or more methods for receiving payouts, which can include commercial disbursement cards issued by a third-party bank (each, a “Payout Card”) and/or Automated Clearing House disbursements (“ACH”). A Payout Card is intended solely for disbursements from INKPAY and is not a general-purpose reloadable card; only INKPAY (or our paying partners) may load funds to it. The Payout Card may be virtual and/or physical, and features may vary by issuer and program. ACH disbursements allow funds to be transferred directly to your designated bank account. Use of any Payout Card and/or ACH disbursement mechanism is governed by separate terms and conditions, which you must review and agree to prior to receiving any payout or ACH disbursement. If there is a conflict between this Agreement and the Payout Card and/or ACH disbursement terms and conditions with respect to payouts, the Payout Card and/or ACH disbursement terms and conditions will control.

B. Not a Bank; No Fiduciary Duty.

INKPAY is not a bank. Banking, card issuance, and money-movement services tied to the Payout Card are provided by the issuing bank and/or program partners under their own terms and regulatory licenses.

C. Eligibility; KYC/Compliance.

Access to payouts and Payout Cards is subject to age (18+), identity verification, sanctions screening, and other KYC/AML or compliance checks required by INKPAY, the issuing bank, card networks, or applicable law. We may deny, suspend, or limit payouts or Payout Card access if we reasonably believe a compliance, fraud, or security risk exists. Eligibility for payout methods, including any Payout Card, may vary by location, verification status, and applicable requirements.

D. Loading and Use of Funds.

(a) Loads: INKPAY may disburse funds (e.g., rewards) to the Payout Card after any applicable holds, offsets, or adjustments.

(b) No External Loads: You may not accept external loads (e.g., ACH, cash loads, check deposits) unless expressly allowed by the Cardholder Agreement.

(c) Use: Subject to network and issuer rules, you may use available card funds for authorized transactions. Certain transactions (e.g., cash access, international, recurring, quasi-cash, or MCC-restricted purchases) may be limited or unavailable.

E. Holds, Reversals, and Adjustments.

INKPAY may delay, hold, or reverse a payout or load to the Payout Card if we reasonably suspect fraud, abuse, error, chargebacks, returns, voided transactions, policy violations, or legal process, or if a partner requires it. If a negative balance arises or INKPAY overpays you, you authorize INKPAY to offset future payouts or request repayment by other permitted methods.

F. Fees.

INKPAY fees: INKPAY does not charge a fee to load payouts onto a Payout Card unless we disclose it to you before you choose that payout method. See also Fees & Payment Authorization regarding how INKPAY fees are presented and charged.

Card/Network fees: Any fees tied to use of the Payout Card (e.g., card replacement, cross-border) are set by the issuer/program and disclosed in the Cardholder Agreement.

Refunds/chargebacks: Merchant refunds and chargebacks are handled under the Cardholder Agreement and card-network rules.

G. Lost/Stolen; Security.

Safeguard your card credentials. Notify INKPAY immediately if your Payout Card or credentials are lost, stolen, or compromised.

H. Termination; Expiration.

INKPAY may terminate or suspend Payout Card access (or switch you to another payout method) for compliance, security, business, or legal reasons. The issuing bank may expire or replace cards per the Cardholder Agreement. If card access ends, INKPAY or the issuer may provide alternate payout options, subject to verification.

I. Taxes.

You are solely responsible for any taxes associated with payouts. INKPAY may issue tax forms as required by law and may withhold amounts if legally required.

J. Unclaimed Funds.

If your INKPAY account or payout card holds funds or reward payments to which you are entitled, and those funds remain unclaimed or the account remains dormant for the period prescribed by applicable law, INKPAY (or the applicable card issuer) may be required to remit such funds to the appropriate state authority in accordance with unclaimed property laws. INKPAY will attempt to contact you using the information on file before any such remittance. After funds are remitted, you may need to contact the applicable state authority to claim your property.

K. Minors.

INKPAY does not permit issuance of pay cards or grant access to its Services to individuals under the age of 18 (“Minors”). If a Minor seeks to use the Services, INKPAY requires the submission of the legal guardian’s information and explicit, verifiable consent prior to any account creation or access. The legal guardian must serve as the account holder and administrator, and assumes full responsibility for all activity, transactions, and payouts conducted through the account. INKPAY expressly disclaims any liability for unauthorized or improper use of the Services by Minors. By providing consent and managing the account, the guardian agrees to indemnify and hold INKPAY harmless from any claims, losses, or liabilities arising from the Minor’s use of the Services.

A. Partners and Issuer.

To deliver card features, INKPAY partners with financial institutions and service providers (e.g., issuing bank, program manager, KYC vendors, fraud providers, card networks).

B. Data Sharing & Uses.

By opting into a Payout Card, you authorize INKPAY to share the minimum necessary data with these partners for identity verification, sanctions screening, issuance, card management, transaction processing, fraud monitoring, compliance, and customer support, consistent with our Privacy Policy and applicable law. Card-related data (e.g., card profile, tokenized PAN, transaction metadata) may be used to operate and secure the program, prevent fraud, comply with law, and improve our services. INKPAY may create and use aggregated or de-identified information for analytics, benchmarking, and service improvements, provided it does not identify you.

C. Cross-Reference to Privacy Policy.

For additional details on our data practices, including service providers and international processing, see Data Use & Privacy and our Privacy Policy. Information may be processed in the United States or other jurisdictions where INKPAY or its partners operate, under appropriate safeguards.

D. Conflicts.

If this Section conflicts with the Cardholder Agreement regarding card servicing, disputes, or fees, the Cardholder Agreement governs for those card-specific issues.

Representations and Warranties

You represent and warrant that:

• Authority: You have full power, legal right, and authority to enter into and perform your obligations under this Agreement, and, if applicable, to bind any entity on whose behalf you are acting.
• Compliance: Your access to and use of the Services will at all times comply with all applicable laws, regulations, and the terms of this Agreement.
• User Content: Any content, data, or materials (“User Content”) you submit, upload, or otherwise provide through the Services do not infringe, misappropriate, or otherwise violate any intellectual property, privacy, publicity, or other rights of any third party, such as your profile picture, and you have obtained all necessary permissions and consents to submit such User Content.
• Registration and Payment Information: All registration, account, and payment information you provide to INKPAY is and will remain true, accurate, current, and complete, and you agree to promptly update such information as necessary to maintain its accuracy.

Indemnification

You agree to defend, indemnify, and hold harmless INKPAY, its affiliates, and their respective officers, directors, employees, contractors, and agents (collectively, the “INKPAY Parties”) from and against any and all claims, actions, proceedings, demands, liabilities, losses, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to: (a) your access to, use of, or misuse of the Services; (b) your breach or alleged breach of this Agreement; (c) your violation or alleged violation of any applicable law, regulation, or rights of any third party (including intellectual property, privacy, or publicity rights); or (d) any User Content or other information, data, or materials you submit, transmit, or make available through the Services.

INKPAY reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with INKPAY in defending such claims. You shall not settle any claim without the prior written consent of INKPAY.

No INKPAY Warranties

THE SERVICES, INCLUDING ALL CONTENT, FEATURES, FUNCTIONALITY, AND INFORMATION PROVIDED THEREIN, ARE OFFERED AND MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, INKPAY EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO: (A) WARRANTIES OF MERCHANTABILITY, (B) FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, AND (C) ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

INKPAY DOES NOT WARRANT, AND EXPRESSLY DISCLAIMS ANY WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; THAT METRICS, ANALYTICS, OR CONTENT PROVIDED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, OR COMPLETE; OR THAT DEFECTS WILL BE CORRECTED. NO INFORMATION OR ADVICE PROVIDED BY INKPAY OR ITS REPRESENTATIVES SHALL CREATE ANY WARRANTY UNLESS EXPRESSLY SET FORTH IN WRITING.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, INKPAY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITY, OR OTHER INTANGIBLE LOSSES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SERVICES, EVEN IF INKPAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT PERMITTED BY LAW, INKPAY’S AGGREGATE LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO INKPAY FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THESE LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY FOR DAMAGES. IN SUCH CASES, THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.