OverinkerTerms of Service
These Terms of Service ("Terms") are an agreement between you and Paulo Oblepias ("we", "us"), the individual developer in the Philippines who operates the Overinker mobile app and the overinker.app website (together, "Overinker").
1. Who can use Overinker
You must be at least 16 years old, and old enough in your country to agree to these Terms. If you are under the age of majority where you live, a parent or guardian must agree to these Terms for you. You may not use Overinker if we have previously banned you.
2. Your account
You sign in with Google or Sign in with Apple. You're responsible for activity on your account and for keeping your Google or Apple account secure. Don't impersonate anyone, create accounts to get around a suspension, or share your account. You can browse some content as a guest without an account.
3. Your content
"Your content" means anything you post, including swatch photos, captions, swatch details, discussion posts, comments, your display name, bio, and avatar.
- You own your content. We don't claim ownership of it.
- License to us. So we can run Overinker, you give us a worldwide, non-exclusive, royalty-free license to host, store, copy, resize, display, distribute, and make your content available inside Overinker (including the ink catalog and the overinker.app website) and to promote Overinker. This license is only for operating, improving, and promoting Overinker. It ends when your content is deleted from our systems, except for swatch posts you leave in place when you delete your account (see below), copies that other users have already shared within Overinker, and backups kept for a limited time.
- Swatches after account deletion. If you delete your account, your swatch posts remain in the community catalog without your name ("Deleted user") unless you delete them first or ask us to remove them. You give us permission to keep displaying them on that basis.
- You're responsible for your content. Only post content you have the right to share. Don't post other people's photos, copyrighted material, or personal information without permission.
4. Community rules: zero tolerance for objectionable content and abuse
Overinker is a friendly community about ink, pens, and paper. We have zero tolerance for objectionable content and abusive users. You agree not to post, share, or do any of the following:
- harassment, bullying, threats, intimidation, or hate speech, or content that attacks people based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, age, or any other protected characteristic;
- sexually explicit content or nudity, or any content that sexualizes minors;
- violent, graphic, or gory content, or content that promotes self-harm, terrorism, or violence;
- content promoting illegal activity, drugs, or weapons;
- spam, scams, misleading content, pyramid schemes, or unsolicited advertising;
- other people's private information (doxxing), or content that violates someone's privacy, copyright, trademark, or other rights;
- impersonating other people or organizations;
- malware, or attempts to hack, scrape, overload, reverse engineer, or interfere with Overinker or other users' accounts; or
- using bots or automation to post, follow, like, or create accounts.
Reporting, blocking, and moderation
- Report: you can report any post, comment, or user from within the app. Choose a reason (such as spam, abuse, or copyright) and add details if you like.
- Block: you can block any user. Blocking a user hides their content from you and stops them from interacting with you.
- Contact us: you can also report a problem at support@overinker.app.
- Our response: we review reports and act on reports of objectionable content within 24 hours. We remove content that breaks these rules and eject users who post it by suspending or permanently banning their accounts. We may also remove content or suspend accounts without a report if we find a violation.
- We may use moderation tools, such as hiding content while we review it. We don't have to monitor everything posted, and we can't promise to catch everything, but we take every report seriously.
5. Copyright complaints
If you believe content on Overinker infringes your copyright, email support@overinker.app with: your contact details, the work you own, a link to or description of the content, a statement that you believe in good faith the use is not authorized, and a statement that your notice is accurate and that you are the owner or authorized to act for them. We'll remove infringing content and may ban repeat infringers.
6. Our service
We grant you a personal, non-exclusive, non-transferable, revocable license to use the Overinker app for personal, non-commercial use, in line with these Terms and the rules of the app store you downloaded it from. Overinker's name, logo, design, and software belong to us. Ink, pen, and paper brand names in the catalog belong to their owners and are used only to identify products. Overinker is not affiliated with or endorsed by them.
We are constantly improving Overinker and may add, change, or remove features. Future versions may include optional paid features or advertising. If they do, any additional terms will be shown to you before you use them.
Swatch colors depend on the paper, pen, lighting, camera, and screen, so they are guides only. Your own results may look different.
7. Ending your use and termination
You can stop using Overinker at any time and delete your account in the app (see Delete account).
We may suspend or terminate your account, or remove your content, if you break these Terms, if we're required to by law, or if your use creates risk or harm for other users or for us. Where reasonable, we'll tell you why. If you think we made a mistake, contact us. We may also stop offering Overinker altogether, and we'll try to give reasonable notice if we do.
Sections 3 (as it applies to content that remains), 8, 9, 10, and 11 continue to apply after your account ends.
8. Disclaimers
Overinker is provided "as is" and "as available", without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement, to the extent the law allows. We don't promise that Overinker will always be available, error-free, or secure, or that content posted by users is accurate. User content reflects the views of the user who posted it, not ours.
9. Limitation of liability
To the maximum extent the law allows, we are not liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of data, profits, or goodwill, arising from your use of Overinker or from content posted by other users. Our total liability for any claim relating to Overinker is limited to the greater of the amount you paid us in the 12 months before the claim (currently nothing, because Overinker is free) or PHP 5,000. Nothing in these Terms limits liability that cannot be limited by law, including for fraud, gross negligence, or willful misconduct, or your rights as a consumer under mandatory law.
10. Indemnity
To the extent the law allows, you agree to cover our losses and costs (including reasonable legal fees) from claims by others that arise from your content or from your breach of these Terms.
11. Governing law and disputes
These Terms are governed by the laws of the Republic of the Philippines, without regard to conflict-of-law rules. Before filing a claim, please contact us so we can try to resolve it informally. Any dispute that we can't resolve will be decided by the proper courts of Taguig City, Philippines, unless the mandatory consumer laws of your country give you the right to bring the claim in your local courts.
12. App store terms
If you downloaded Overinker from Apple's App Store, you also agree that: these Terms are between you and us, not Apple; Apple is not responsible for the app or its content, and has no obligation to provide maintenance or support; to the extent the law allows, Apple has no warranty obligation for the app; Apple is not responsible for handling any claims about the app (including product liability, legal compliance, or intellectual-property claims); you are not located in a country subject to U.S. government embargo or listed as a terrorist-supporting country, and you are not on any U.S. government list of prohibited or restricted parties; and Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. If you downloaded Overinker from Google Play, Google Play's terms also apply to your use of the store.
13. Changes to these Terms
We may update these Terms. We'll post the new version here and update the date above, and we'll notify you in the app before significant changes take effect. If you keep using Overinker after the changes take effect, you agree to the updated Terms.
14. General
If any part of these Terms is found unenforceable, the rest stays in effect. If we don't enforce a term right away, we still have the right to enforce it later. You may not transfer these Terms to anyone else. We may transfer them to someone who takes over Overinker. These Terms and our Privacy Policy are the entire agreement between you and us about Overinker.
15. Contact
Paulo Oblepias (developer of Overinker)
Email: support@overinker.app
Address: Taguig City, Philippines