Terms & Conditions

These Terms and Conditions (“Terms”) apply between ("Tattooguider,” “us,” “we,” or “our”), and you, the user (including Clients and Artists), accessing or utilizing the Tattooguider Platform. By accessing or using our Platform, you acknowledge and agree to have read, understood, and accepted these Terms.

1. Definitions

• Affiliate or Artist: The professional tattoo artist, studio, or legal entity providing Services and advertising on the Platform. (B2B User).

• Client: The end-user accessing the Platform to inquire, reserve, or purchase Services from an Artist. (B2C User).

• User: Collective term for both Clients and Artists accessing the Platform.

• Business Days: Every official workday, Monday through Friday, excluding public holidays.

• Confidential Information: Non-public information relating to Tattooguider, the Platform, or its users, including but not limited to reports, insights, and personal user data.

• Content: Any information, designs, text, images, ratings, or data posted, uploaded, or made available on the Platform by any User.

• Intellectual Property Rights (IPR): Any patent, copyright, trademark, domain name, moral right, trade secret, or other intellectual property right arising under any laws.

• Platform: The website (Tattooguider.com) and any related applications owned, controlled, or hosted by Tattooguider, including the facilitation of reservation and payment services.

• Sales Proceeds: The gross amount paid by Clients via the Platform in the course of any Transactions.

• Services: The services offered, reserved, or purchased from the Artist, including tattoo designs, consultations, and tattoo appointments.

• Subscription Fee: The recurring fee paid by the Artist to maintain a premium profile and access lead generation tools.

• Transaction: Any sale or reservation of Service(s) facilitated through the Platform.

2. The Nature of the Platform

2.1. Marketplace Model: Tattooguider provides a Platform that allows Artists to advertise and offer their Services for order, reservation, and purchase by Clients. 2.2. Legal Contract: These Terms govern the relationship between Tattooguider and you (the User or the Artist). All Users are subject to these Terms, including the specific obligations relating to Artists (B2B) and Clients (B2C). 2.3. Minimum Age: By using the Platform, you confirm you are at least 18 years old.

3. Changes

We may change or modify these Terms at any time. We will provide Users with at least fifteen (15) days’ advance notice of material changes via posting on the Platform or by email notification. Your continued use of the Platform after the effective date of the change constitutes your acceptance of the revised Terms. If any change is unacceptable to you, you must immediately cease using the Platform.

4. The Role of Tattooguider

4.1. Venue Only: Tattooguider is solely a technology platform and a neutral venue intended to facilitate the introduction between Clients and Artists. 4.2. Independent Contractors: Artists are independent contractors. Nothing in these Terms is intended to create an agency, employment, or partnership relationship between Tattooguider and any Artist. 4.3. No Responsibility for Service: Tattooguider is not a party to, nor liable for, the actual tattoo services, appointments, or transactions conducted between Clients and Artists. We do not control the quality, safety, legality, pricing, or suitability of the Services provided by Artists, and we do not verify the competency of Artists beyond their initial representation of licenses. 4.4. Information Vetting: We will use reasonable skill and care in providing the Platform, but we do not verify, and cannot guarantee, that all Content (including prices, availability, and qualifications) provided by Artists is accurate, complete, or correct.

5. Information Provided by You

5.1. Accuracy: All information disclosed by you on the Platform (whether Client or Artist) must be accurate, complete, and current at all times. 5.2. Artist Responsibility: Artists are solely responsible for updating all rates, availability, policies (e.g., age restrictions, prepayment, cancellation rights), and other material information in compliance with mandatory regulation (including consumer protection laws). 5.3. Pricing: Prices offered by Artists on the Platform must be displayed, including VAT/sales tax and all other mandatory fees, unless stated differently.

6. Accounts

6.1. Registration: Users must create an account and provide certain information about themselves or the business they represent. 6.2. Security: You must maintain the confidentiality of your login credentials. You may not impersonate someone else, create fake or multiple accounts, or use an account for anyone but yourself. 6.3. Termination of Access: Tattooguider may, at any time and without notice, deny the creation of an account or deny access to the Platform if there is a suspected violation of these Terms (e.g., failure to meet Tattooguider’s artistic quality standards or suspected fraudulent activity). 6.4. Artist Licensing: Artists must provide proof of required licenses, insurance, and professional qualifications, as requested by Tattooguider and required by their local jurisdiction.

7. Reviews

7.1. Eligibility: Only Clients who have purchased Services through the Platform should comment on their purchase and provide a review of the Artist. 7.2. Use of Reviews: Completed reviews may be uploaded onto the relevant Artist profile page and used (wholly or partly) by Tattooguider for marketing, promotion, or improvement of our service on our Platform or other owned channels. 7.3. Moderation: Tattooguider undertakes to use its best efforts to monitor and remove reviews that include profanity, hate speech, sexually explicit content, personal attacks, or promotional material. Tattooguider reserves the right to adjust, refuse, or remove reviews at our sole discretion. 7.4. No Compensation: Tattooguider does not compensate or reward a Client for completing a review.

8. Financial Obligations and Subscriptions (Artists & Studios Only)

8.1. Subscriptions: Access to the Platform is subject to monthly Subscription Fees as stipulated in the payment plan.  8.2. Auto-Renewal: Subscriptions are automatically renewed until terminated by the Artist. 8.3. Payment: Payment for the chosen plan will be charged upon approval. Your payment card information is not stored by Tattooguider but by the chosen third-party payment provider (e.g., Stripe) for automatic renewals. 8.4. Termination of Subscription: Termination of the subscription plan does not comprise any refund of prepaid fees, unless Tattooguider is deemed liable as stipulated in Clause 12. 8.5. Transaction Fees: If Tattooguider processes payments, Services are subject to a Transaction Fee, which will be set off against the Sales Proceeds before disbursement to the Artist. 8.6. Dispute Responsibility: If a Client cancels a reservation, makes claims, or initiates a chargeback, the Artist must still pay the Transaction Fee (if applied), and Tattooguider will not be obliged to refund the fee to the Artist or Client.

8.7. Changes to the Subscription Plans: Tattooguider may change the Subscription Fees or features at any time. We shall provide a specification to the Artist. If the Artist does not accept the changes, the Artist may terminate these Terms, provided termination is done within ten (10) days from Tattooguider submitting the specification.

9. Rights Granted to Tattooguider

9.1. Content License: You grant Tattooguider a non-exclusive, worldwide, irrevocable, unconditional, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify, and distribute any Content (including Artist Content) on the Platform and related promotional channels solely to market the Artist and the Platform. 9.2. Disclosure: For system protection, safety, integrity, or legal compliance, we may access and disclose any information we consider necessary or appropriate, including account information, IP addresses, traffic information, and Content.

10. Intellectual Property Rights and Restrictions of Use

10.1. Ownership: Unless stated otherwise, the IPR of the look, feel, infrastructure, software, and Content (excluding Affiliate Content) of the Platform are owned by Tattooguider. 10.2. Artist Content Ownership: Artists retain all ownership rights and IPR to the Content they upload. 10.3. Prohibited Use: Users are strictly prohibited from:

• Re-selling, copying, modifying, translating, or reproducing the Platform’s core IP.

• Using automated means (e.g., spiders, scrapers, data mining) to monitor, copy, or extract data from the Platform without Tattooguider’s prior written consent.

• Using or uploading viruses or other malicious software or compromising the security of the Platform.

11. Making Claims of Right/Infringements

If you believe your IPR has been infringed by any Content on the Platform, please submit your complaint immediately to [PRIVACY CONTACT EMAIL]. We may take action, including removing the infringing content and terminating repeat infringers, without any admission as to liability.

12. Limitation of Liability and Indemnification

12.1. Maximum Liability: Tattooguider, its affiliates, employees, or agents, shall not be liable for any indirect, incidental, special, or consequential damages. In no event shall our total aggregate liability to any User for any cause of action exceed the total amount of fees paid by that User to Tattooguider in the six (6) months preceding the claim, whichever is lower. 12.2. Artist Indemnification: The Artist shall defend, indemnify, and hold harmless Tattooguider against any third-party claim, loss, damage, or liability (including attorneys’ fees) arising from or related to:

• (a) The Services: Any claim arising from the actual tattoo service provided by the Artist, including personal injury, quality complaints, or property damage.

• (b) Compliance: The Artist’s non-compliance with applicable laws (e.g., health codes, licensing).

• (c) Taxes: The Artist’s taxes, duties, or failure to meet tax registration obligations. 12.3. Tattooguider Indemnification: Tattooguider will defend, indemnify, and hold harmless the Artist against any third-party claim arising from or related to Tattooguider’s non-compliance with applicable laws or allegations that the operation of the Platform infringes third-party IPR.

13. Unlawful Content

Any Content that is illegal, may exploit or otherwise harm minors, or violates or advocates the contravention of any law or regulation is strictly prohibited. Tattooguider permits artistic images depicting nudity and sexuality, provided they do not constitute unlawful content or pornography.

14. Termination

Tattooguider may terminate or suspend your account and access to the Platform immediately, without prior notice or liability, if: (a) you breach any of these Terms (e.g., non-payment of Subscription Fees, failure to maintain standards); (b) required by law; or (c) we choose to cease operating the Platform.

15. Disclaimer

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TATTOOGUIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TATTOOGUIDER MAKES NO WARRANTY THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

16. Tax Matters

The Artists and Studios are solely responsible for the calculation, collection, remittance, and payment of any taxes (including VAT, sales tax, income tax, or other duties) arising from any Services or Sales Proceeds received via the Platform. Tattooguider does not provide tax advice.

17. Privacy and Confidentiality

17.1. Privacy Policy: Our collection and use of personal data is governed by our separate Privacy Policy, which is incorporated into these Terms by reference. 17.2. Confidentiality: All Confidential Information shared with you by Tattooguider must be kept strictly confidential and used only for the purposes of performing your obligations under these Terms.

18. Complaints

All complaints by a Client regarding the quality, outcome, or safety of a tattoo Service must be directed and resolved directly with the Artist. Tattooguider is not responsible for intervening or arbitrating disputes regarding the Services. All complaints regarding the operation of the Platform itself should be directed to [PRIVACY CONTACT EMAIL].

19. Transfer of Rights

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. Tattooguider may freely assign or transfer these Terms.

20. Miscellaneous

20.1. Entire Agreement: These Terms constitute the entire agreement between you and Tattooguider regarding the use of the Platform. 20.2. Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

21. Applicable Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the United Kingdom. Any disputes arising under these Terms shall be resolved in the competent courts of the UK.

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