Terms of Service

By accessing, registering, or logging into the Platform, you agree to be bound by these Terms of Service and our Privacy Policy. These documents constitute a legally binding agreement between you and Tattplace, with the same force and effect as a signed written contract. By registering, you expressly acknowledge that you have read, understood, and accepted these Terms as of the date of account creation. If you do not agree with any part of these Terms, you shall not access or use the Platform.

If you are registering on behalf of a studio, tattoo artist, or any other entity, you represent and warrant that you have the legal authority and sufficient capacity to bind such entity to these Terms.

The current version of these Terms is the one published on the Tattplace website at the time of use. Your continued use of the Platform after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree with such modifications, your sole remedy is to cease using the Platform and delete your account.

The Platform allows users to generate and submit content, including:

• photographs to create a professional portfolio (artists and studios) or a catalog of workstations (studios); and
• reviews about artists (by studios) or about studios and workstations (by artists)

(collectively, "User Content").

Users retain all ownership rights to the photographs they submit. By submitting a photograph, you grant Tattplace a non-exclusive, worldwide, royalty-free license limited solely to hosting, storing, and displaying such photograph on the Platform for the purpose of operating and providing the Services. The license for each photograph terminates when you delete it from the Platform. By submitting a review, you grant Tattplace a license on the same terms; such license subsists while the review remains published on the Platform.

By submitting User Content, you represent and warrant that you possess all necessary rights and permissions to submit it and, where applicable, to grant the license described herein.

Reviews and ratings reflect the personal opinion of the user who submits them and do not represent the position, endorsement, or opinion of Tattplace. Tattplace reserves the right, in its sole discretion and without prior notice, to remove, reject, or remove any User Content that violates these Terms, infringes upon third-party rights, or that it deems inappropriate, without any liability to the user.

Tattplace respects the intellectual property rights of third parties and responds to infringement notices in accordance with the Digital Millennium Copyright Act (DMCA). If you believe your copyrighted work has been used on the Platform without authorization, you may notify our DMCA Agent at dmca@tattplace.com.

Tattplace acts exclusively as an intermediary coordinating reservations between studios and artists. To the maximum extent permitted by applicable law, and except in cases of gross negligence or willful misconduct directly attributable to Tattplace, Tattplace expressly disclaims any and all liability —whether in contract, tort (including negligence), strict liability, or any other legal theory— arising from or related to:

• the quality, safety, or outcome of any artistic work or tattoo procedure;
• any injuries, allergic reactions, infections, or adverse effects resulting from inks, materials, equipment, or techniques used by artists or studios;
• the condition, safety, or hygiene of any workspace or studio;
• the direct relationship, interactions, or disputes between tattoo artists, studios, and clients.

Under no circumstances shall Tattplace be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunity, arising out of or in connection with the use or inability to use the Platform, even if advised of the possibility of such damages. This limitation of liability shall survive even if the remedy herein fails of its essential purpose.

The Platform is provided on an "AS IS" and "AS AVAILABLE" basis, without warranty of any kind. To the maximum extent permitted by applicable law, Tattplace expressly disclaims all warranties, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Tattplace does not warrant that the Platform will operate uninterrupted, error-free, secure against attacks or unauthorized access, or that defects will be corrected. Tattplace makes no warranty regarding the quality, accuracy, or reliability of any results obtained through the use of the Platform. The user assumes all risk arising from the use of the Platform, including, without limitation, the quality of artistic work, the condition of any workspace, and interactions with other users. No oral or written communication between the user and Tattplace, including support communications, shall create a warranty or otherwise modify the terms of this clause. Some jurisdictions do not allow the exclusion of certain implied warranties, so some of the above exclusions may not apply to the user.

You agree to indemnify, defend, and hold harmless Tattplace, its affiliates, directors, employees, and agents from and against any claims, demands, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or relating to:

• your use of the Platform;
• your breach of these Terms or the Privacy Policy;
• any User Content you submit; or
• your infringement of any third-party rights, including intellectual property or privacy rights, caused by your use of the Platform.

Tattplace reserves the right to assume the exclusive defense of any claim subject to this indemnification, at its own expense, and in such case you shall fully cooperate with Tattplace in such defense. This indemnification obligation shall not apply to the extent that the claim arises directly from Tattplace's own negligence or willful misconduct. This clause shall survive the termination or expiration of these Terms.

Tattplace respects the intellectual property rights of third parties and complies with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. Pursuant to the DMCA, Tattplace has designated the following agent to receive notifications of claimed copyright infringement:

• DMCA Agent: DMCA Agent — Tattplace LLC
• Email: dmca@tattplace.com
• Physical Address: "14018 SW 161 Terrace, Miami, FL 33177, United States"

If you believe that your copyrighted work has been reproduced, published, or distributed on the Platform without authorization, you must provide our DMCA Agent with a written notice containing the following information:

• a signature (physical or electronic) of the copyright owner or authorized representative;
• identification of the copyrighted work claimed to have been infringed;
• identification of the infringing material and its location on the Platform, with sufficient detail for Tattplace to locate it;
• your name, address, telephone number, and email address;
• a statement of good faith that the use of the material is not authorized by the copyright owner, its agent, or the law;
• a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.

Upon receipt of a valid notice, Tattplace will expeditiously remove the infringing material and notify the user who posted it. If you are a user whose content was removed and you believe it was removed in error or misidentification, you may submit a counter-notification to the DMCA Agent including:

• your signature (physical or electronic);
• identification of the removed material and its location on the Platform prior to removal;
• a statement under penalty of perjury that the material was removed by mistake or misidentification; and
• your consent to the jurisdiction of the federal court in the appropriate judicial district.

Tattplace will forward the counter-notification to the original claimant and, if no court action is received within 10 to 14 business days, will restore the material.

Tattplace maintains a policy of termination of repeat infringers' accounts and will notify users who repeatedly infringe upon the copyrights of third parties.

These Terms shall remain in full force and effect while you maintain an account on the Platform. You may terminate this contractual relationship at any time by deleting your account from the Platform settings. Tattplace may suspend or terminate your account, with or without prior notice, if you breach these Terms, if your conduct could expose Tattplace or third parties to legal liability.

Upon termination of your account:

• all pending reservations shall be automatically cancelled;
• refunds shall be processed solely if the cancellation request falls within the applicable studio's cancellation period; and
• your personal information shall be deleted in accordance with our Privacy Policy, without Tattplace being obligated to provide a copy or export of such data.

The following clauses shall survive the termination of these Terms: User Content and Intellectual Property (with respect to previously granted licenses and anonymized reviews), Disclaimer of Warranties, Limitation of Liability, Indemnification, Tattplace Intellectual Property, Jurisdiction, and any other provision that by its nature should survive.

Tattplace operates as an intermediary platform that connects tattoo artists and studios. The Platform comprises our API, mobile applications (for studios and artists), and all associated services and infrastructure necessary for its operation, including but not limited to database, caching, and payment processing systems. The Platform is intended for professional use only.

To register and use the Platform, you must:

• be at least eighteen (18) years of age;
• possess the legal capacity and authority to enter into binding contracts; and
• provide accurate, current, and complete information as requested during the registration process.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree that you shall not engage in any of the following prohibited activities:

• providing false, misleading, or fraudulent information;
• impersonating any person or entity;
• posting or transmitting any illegal, violent, discriminatory, or explicit content unrelated to the services offered on the Platform;
• making reservations in bad faith, including repeated no-shows or systematic abusive cancellations;
• attempting to access, bypass, or circumvent any restricted areas, authentication mechanisms, or security measures of the Platform;
• using bots, crawlers, scrapers, or any other automated means to access or interact with the Platform without express authorization;
• harassing, threatening, intimidating, or otherwise harming any user of the Platform;
• using the Platform for any unlawful purpose or in violation of any applicable local, state, national, or international law.

All payments are processed through Stripe Connect, a Stripe service that enables marketplace operations. Tattplace does not collect, store, or process any credit card or banking information; such data is handled exclusively by Stripe. When an artist makes a payment, Tattplace deducts the applicable commission and, through Stripe Connect, automatically transfers the remaining balance to the studio. The sole fee controlled by Tattplace is the commission applied to each transaction. Any modification to such commission shall be communicated in writing via email no less than thirty (30) calendar days prior to the effective date of such change.

All intellectual property rights, including but not limited to copyrights, trademarks, trade dress, and proprietary rights in the application, design, logo, source code, and content owned or licensed by Tattplace are expressly reserved. No license or right is granted to you by implication, estoppel, or otherwise. Any unauthorized use, reproduction, modification, distribution, or derivation of such intellectual property is strictly prohibited.

Tattplace reserves the right to modify these Terms at any time. Material modifications shall be communicated in writing via email no less than thirty (30) calendar days prior to their effective date. Modifications required to comply with applicable laws or regulations may take immediate effect, and Tattplace shall provide notice thereof as soon as reasonably practicable. Your continued use of the Platform after the effective date of any modification constitutes your acceptance of the modified Terms.

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the use of the Platform shall be resolved exclusively in the state or federal courts located in Florida. For users residing outside the United States, this governing law clause shall not limit any mandatory consumer protection rights conferred by the laws of your country of habitual residence that cannot be contractually waived.

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remaining agreement and the remaining provisions shall remain in full force and effect. To the extent possible, the court shall modify or limit the invalid or unenforceable provision so that it is valid and enforceable and reflects the original intent of the parties to the maximum extent permitted by law.

These Terms, together with the Privacy Policy, constitute the entire and exclusive agreement between you and Tattplace regarding the use of the Platform, and supersede and extinguish any prior agreements, communications, or understandings, whether oral or written, relating to such subject matter. No modification of these Terms shall be effective unless in writing and signed by an authorized representative of Tattplace.

Tattplace's failure to exercise or enforce any right or provision of these Terms at any given time shall not constitute a waiver of such right or provision, nor shall it preclude its later enforcement. Any waiver of any breach shall be valid only if in writing and signed by an authorized representative of Tattplace. A waiver on one occasion shall not constitute a waiver of any subsequent breach.

Tattplace shall not be liable for any failure or delay in performing its obligations when such failure or delay is caused by events beyond its reasonable control, including but not limited to: natural disasters, war, civil unrest, cyber attacks, pandemic, internet infrastructure failures, outages of third-party services (including hosting services, payment processors, and database services), or any other cause that reasonably prevents the provision of the Services. The affected party shall notify the other party as soon as reasonably practicable and shall use commercially reasonable efforts to mitigate the effects of the event.

By registering on the Platform, you expressly consent to receive electronic communications from Tattplace, including emails, in-app notifications, and messages. You acknowledge that all communications Tattplace sends you electronically satisfy any legal requirement that such communications be in writing and have the same force and effect as a signed physical document. It is your responsibility to keep your email address current and to periodically review communications sent by Tattplace.