Last Updated: January 15th 2021
Welcome to BodyArt App! These Terms of Service (“Terms of Service”) are entered into by and between You and BodyArt App, Inc. (“BodyArt App”, “we” or “us”). TheseTerms of Services govern Your access to and use of our platform services made generally available by BodyArt App through a mobile application (“App”) on Your device or web application on our website, www.bodyart.app (“Site”), and any corresponding sites or mobile applications (collectively, the App and Site is “Services”). These Terms of Services apply to all visitors and Users.For purposes of these Terms of Services, users may be the shop owner “Shop Owner”, the Shop Owner’s client “Client”, an Authorized User (as defined below), the parent or legal guardian of a minor under the age of 18 “Parent” (collectively, the Shop Owner, Client, Authorized User, Parent are referred to as “User”, “You”, “Your”).
We do not intend permit children under the age of 18 to create an account and does not knowingly collect personally identifying information from children under the age of 18 without the consent and at the direction of a Parent. If we learn or have reason to suspect that a User is under 18 years of age, we will promptly revoke such User’s access to the Service and delete any personally identifiable information submitted by that User.
We may revise and update these Terms of Services from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms of Services means that You accept and agree to the changes. You are expected to check this page from time to time so You are aware of any changes, as they are binding on You.
The Service is a platform for collaboration and communication between Shop Owner and those seeking tattoo and body piercing services. BodyArtApp provides access to BodyArt App’s virtual community of Shop Owners and theirClients; easy collaboration through Shop Owner’s communication management tools; document management and storage; and simple, secure payment and invoicing tools. BodyArt App does not offer any tattoo or body piercing services. BodyArt App does not offer recommendations or referrals. BodyArt App is not involved in agreements between Users. At no point may BodyArt App beheld liable for the actions or omissions of Shop Owner’s services to User.
BodyArt App is not a referral service or employment agency. BodyArt App does not selector endorse any individual Shop Owner to service a Client. BodyArt App does not warrant or guarantee that Shop Owner is covered by liability insurance. BodyArtApp encourages Users to research any Shop Owner before accepting services from Shop Owner.
From time to time, Clients may submit reviews of Shop Owners; these reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of any services provided by Shop Owner. BodyArt App will have no responsibility or liability to Users for any services provided by Shop Owner, and any use or reliance on the Site is solely at your own risk.
BodyArt App is not liable for the actions or omissions of any Shop Owner performing services for Users.
Subject to and conditioned on the Shop Owner’s payment of the Fees (as defined below in Section 11.1) and compliance with these Terms ofServices, BodyArt App hereby grants to Users a limited non-exclusive, non-transferable right to access and use the Services during the Service Term(as defined in Section 14.1). Use of the Services is solely for internal business purposes.
Subject to the rights expressly granted hereunder, BodyArt App and its licensors retain all right, title and interest in and to theServices and the Site, including all information, content, software and other materials therein, excluding User Data (as defined in Section 8.1). NoIntellectual Property Rights (as defined in Section 10.1 or licenses are granted or otherwise provided by BodyArt App under these Terms of Services, by implication, estoppel or otherwise, beyond those expressly provided for herein.No software or copies thereof are sold, transferred, distributed, or licensed hereunder; instead only the limited right to access and use the Services, as expressly provided for in these Terms of Services, is granted hereunder.
BodyArt App may, inits sole discretion, make any changes to any Services that it deems necessary or useful to (i) maintain or enhance (a) the quality or delivery of the products and services to You, (b) the competitive strength of, or market for, BodyArtApp’s products or services, or (ii) to comply with all applicable local, state, national and international laws, rules, and regulations (“Applicable Law”).
When You sign up or register to access and use our Service, You agree that all information provided to BodyArtApp by You will be true, accurate, current and complete to the best of Your knowledge. You agree to promptly update all such information whenever any of it changes. You are entirely responsible for maintaining the confidentiality of Your account information and password. In particular, You agree not to use the account, username, or password of any other use or account, and You agree not to share Your password, access to Your account, or otherwise authorize any third party to use Your Service account.
Assess and use of the Services is limited to Shop Owner, employees, consultants, contractors, and agents (“Authorized Users”) (i) who are authorized by Shop Owner to access and use the Services under the rights granted to Shop Owner pursuant to these Terms of Services and (ii) for whom access to the Services has been purchased hereunder.
Except as otherwise expressly provided in these Terms of Services, as between You: (i) BodyArt App has and will retain sole control over the operation, provision, maintenance, and management of the Services, however, (ii) You have and will retain sole control over the operation, maintenance, and management of all access to and use of theServices, and (iii) Shop Owner is solely responsible and liable for all Users and their use of the Services, and BodyArt App hereby disclaims responsibility or liability with respect thereto. Without limiting the foregoing, Shop Owner is responsible for providing any support, training and communication with and for Users with respect to the Service.
You may access and use the Services and Site only for lawful purposes and in accordance with theseTerms of Services. We are under no obligation to enforce these Terms of Services on Your behalf against another User. If You believe another User has violated these terms or otherwise engaged in prohibited or illegal conduct, You are responsible for contacting us immediately.
You agree not to, and will not assist, encourage, or enable others to access and use the Services and Site:
Additionally, You agree not to, and will not assist, encourage, or enable others to:
Notwithstanding the foregoing, You may copy, print and use reports generated by the Services in accordance with the standard functionality of the Services. Access to and use of the Services is subject to the applicable terms and conditions of any agreement between BodyArt App and any third party regarding software or data from such third party that is contained within the Services.
The Site and Services may from time to time contain or provide to You data, articles, publications, content, materials, reports, analyses and other information generated by, available on, or otherwise provided through the Services or the Site, whether produced by BodyArt App or third parties (collectively, “BodyArt App Content”). You acknowledge and agree that any use by You of the BodyArt App Content is at Your own risk, and that such risk includes, but is not limited to, the risk that BodyArt App Content is erroneous, inaccurate or may result in or produce invalid results or information, omissions, misrepresentations, and similar issues. You agree that BodyArt App shall not be liable or responsible for any damages, liabilities, costs, harms, business disruptions or expenditures of any kind that may arise from orin connection with Your use or application of any BodyArt App Content. All BodyArt App Content is provided for Your convenience only on an “as-is” and“as-available” basis without warranty of any kind. BodyArt App does not warrant, guarantee, endorse, support, represent, verify or otherwise have any responsibility for the completeness, truthfulness, accuracy or reliability of any BodyArt App Content. All use of and reliance upon any such information shall be solely Your responsibility and at Your risk. Without limiting the foregoing, no analyses, reports or other information obtained or provided through the Services or the Site are intended to be (nor should be relied upon as) medical advice or instructions for medical diagnosis or treatment.
In general, the Services and Site may contain links to third party websites or resources. You acknowledge and agree that we are not responsible or liable for the availability or accuracy of such third party websites or resources or the content, products or services on or available therefrom.Links to such other websites and resources do not imply any endorsement by BodyArtApp thereof or the content, products or services thereon. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources and are subject to the user terms and conditions of use for such websites.
We work with payment processors to help process credit card transactions and other payment methods made through the Services and Site. Our payment processors may receive information from Shop Owner’s use of the Services and Site, such as details of the ShopOwner’s financial transactions, including the amount, currency, and method of payment. By participating in financial transactions on the Services and Site, ShopOwner agrees that it has reviewed and is subject to the user terms and conditions of the payment processor and that Shop Owner is solely responsible for complying with all applicable provisions of any terms of service or other applicable policies or binding agreements between Shop Owner and such payment processors.
The term “User Data” means all data, information, communications, text, files, photographs, graphics, video, messages or other materials or content, uploaded, submitted, posted or otherwise provided to the Services or the Site by or for Shop Owner, including without limitation data relating to Clients who are receiving body art or body piercing services from Shop Owner and their interactions with Client regarding Shop Owner’s services. User Data is Yours, and BodyArt App makes no claim to ownership of such User Data or any rights associated therein that are not explicitly granted in these Terms of Services or any other binding agreement between You and BodyArt App.
BodyArt App and its licensors retain all right, title and interest in and to all Intellectual Property Rights associated with or arising out of the Services including all information, content, and other materials therein (excluding User Data) provided under these Terms of Services. For purposes of these Terms of Services, “Intellectual Property Rights” means all patents and inventions (whether patentable or not), trademarks and all goodwill associated therewith, copyrights and copyrightable works (including software), trade secrets, know-how and other confidential and proprietary information, and all other forms of intellectual property rights. BodyArt App reserves all rights not explicitly granted by these Terms of Service.
To the extent You provide to BodyArt App any User Data, You hereby grant to BodyArt App a sub-licensable, non-exclusive license to use and reproduce the User and any Intellectual Property Rights associated therewith solely for (a) providing the Services, the Site, or any other related services, and (b) for BodyArt App’s internal business purposes, provided that, User Data used for such purposes is aggregated and anonymized. You represent and warrant that You have all necessary rights, licenses, consents, and permissions to grant the foregoing license and to permit BodyArt App to exercise all rights in the User Data granted hereunder.
We welcome and encourage You to provide feedback, comments, and suggestions for improvements of the Site (“Feedback”). You acknowledge and agree that if You submit any Feedback to us, You hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that You own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.
Shop Owner agrees to pay BodyArt App the fees associated with the Services or other services or offerings provided to Shop Owner by BodyArt App (“Fees”) pursuant to the pricing schedule found at www.bodyartapp.com/pricing, unless an alternate pricing schedule is agreed to in writing between Shop Owner and BodyArt App in other applicable order documentation or notices (the agreed upon pricing schedule, an “Order”). BodyArt App will provide to Shop Owner with a regular invoice detailing the Fees owed according to the applicable Order. All Fees paid are non-refundable and non-creditable.
BodyArt App may change or update its pricing schedule found at www.bodyart.app/pricing from time to time in its sole discretion. Any such change or update will become effective automatically upon its posting. In the event such change or update effects the Fees owed by Shop Owner to BodyArt App, BodyArt App will provide written notice to Shop Owner at the contact information associated with Shop Owner’s user account. Upon receipt of such notice, Shop Owner may terminate these Terms of Service pursuant to the termination provisions below. If Shop Owner does not terminate these Terms of Service, Shop Owner’s continued use and access of the Services shall constitute acceptance of the changed or updated pricing schedule and any applicable Order between Shop Owner and BodyArt App will be amended accordingly.
BodyArt App may offer certain additional products or services to Shop Owner during the Service Term (“Additional Offerings”). Shop Owner may accept or reject any AdditionalOfferings offered by BodyArt App pursuant to the terms and conditions associated with the Additional Offerings. If Shop Owner accepts, any Additional Offerings, any additional Fees owed with respect to the Additional Offering will be added to the applicable Order and will be subject to the same payment terms and conditions, unless otherwise stated in writing by BodyArt App.
Unless otherwise specified in an applicable Order, Shop Owner will pay all Fees on a monthly basis. All Fees are payable in United States dollars. Shop Owner may specify a form of electronic payment at the time Shop Owner register with BodyArt App for the Services, or, if no such payment form is specified, Shop Owner will pay theFees using a form of payment described in the invoice. Any Fees that are not received from Shop Owner when due will accrue interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment is due until the date paid. BodyArtApp agrees to keep all information provided to BodyArt App with respect to payment methods (such as credit card information) accurate and up to date.
Shop Owner is responsible for all taxes levied against it in connection with these Terms ofServices. If for any reason BodyArt App has an obligation to collect or pay taxes for which Shop Owner is, such amounts paid will be added to the Fees and will be subject to the same payment terms and conditions, unless otherwise stated.
BodyArt App represents and warrants that it will provide the Services in a manner consistent with generally accepted industry standards. In the event of an alleged breach of this limited warranty, You will notify BodyArt App regarding such breach as soon as possible (but no more than thirty (30) days) after the incident giving rise to the claim of breach of this limited warranty, and BodyArt App will, as Your sole and exclusive remedy for such breach, use commercially reasonable efforts to cure the breach in compliance with this limited warranty.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS SECTION, BODYART APP MAKES NO WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES, SITE, CONTENT, OR ANY OTHER PRODUCTS, SERVICES, MATERIALS OR ANYTHING ELSE PROVIDED UNDER THESE TERMS OF SERVICES. BODYART APP SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OR TRADE, AND ALL SUCH WARRANTIES ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 12.2, THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS.
You agree to defend, indemnify, and hold BodyArt App, its officers, directors, employees and agents harmless from and against any and all third-party claims, liabilities, losses, and expenses, including without limitation reasonable attorneys’ fees and costs, arising out of or in any way connected (i) Shop Owner’s access and use of the Site and Services; (ii) your violation of these Terms of Services; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any Applicable Law, including without limitation all Applicable Laws related to the Safe Body Art Act, and any applicable laws regarding the tattoo and body piercing industry; and (v) your negligence, recklessness, or willful misconduct.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BODYART APP, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SITE OR THE SERVICES. UNDER NO CIRCUMSTANCES WILL BODYART APP BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESSOR USE OF THE SITE, THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION (INCLUDING USER DATA) CONTAINED THEREIN. IN NO EVENT WILL BODYART APP’S (OR ITS AFFILIATES’, OFFICERS’, DIRECTORS’, EMPLOYEES’, AGENTS’ AND LICENSORS’) CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO BODYART APP HEREUNDER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW FOR SUCH EXCLUSION OR LIMITATIONS, SO THE FOREGOING LIMITATIONS OR EXCLUSIONS MAYNOT APPLY TO YOU.
IN NO EVENT SHALL BODYART APP, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO EITHER YOU OR YOUR CLIENTS FOR ANY INJURIES OR DAMAGES CAUSED BY ANY SERVICES PROVIDED BY YOU TO YOUR CLIENTS, OR FOR ANY OTHER INTERACTIONS BETWEEN YOU AND YOUR CLIENTS.
The term of these Terms of Services will commence on the date Shop Owner sign up for the Services and continue on a month-to-month basis (“Monthly Term”) or 12-month term (“12-Month Term”). (Each Monthly Term or 12-MonthTerm is “Service Term”) These Terms of Services will automatically renew (“Renew”) prior to the end of the Service, unless either party provides the other with written notice of non-renewal (i) at least (7) days prior to expiration of the end of the then-current Monthly Term or (ii) (60) days prior to the expiration of the then-current 12-Month Term.
Shop Owner may terminate these Terms of Service at any time for any reason or no reason upon thirty (30) days prior written notice, which termination will become effective upon the end of thirty (30) day notice period or the end of the then-applicable Service Term, whichever is later. For the avoidance of doubt, Shop Owner will remain liable for any Fees, including periodic subscription fees, that become due prior when the termination becomes effective. If any other User wishes to terminate these Terms of Services, such User must contact Shop Owner.
We may terminate these Terms of Services (including, as a consequence thereof, Shop Owner’s access and use of the Services) (a) upon breach of these Terms of Services by Shop Owner (including but not limited to failure by Shop Owner to pay Fees when due); provided that BodyArt App gives written notice to Shop Owner of the breach and such breach is not cured within thirty (30) days thereafter; or (b) at any time for any reason or no reason upon thirty (30) days prior written notice. Termination pursuant to thisSection 14 (a) will be effective immediately, and termination pursuant to this Section 14 (b) will become effective upon the later of the end of the thirty (30) day notice period or the end of the then-applicable Service Term.
Notwithstanding anything in these Terms of Service to the contrary, BodyArt App reserves the right to immediately suspend access to the Services in the event BodyArt App reasonably believes that continued provision of the Services would result in violation of Applicable Law or the immediate harm to health, property, or the rights of Shop Owner, of your Authorized Users, BodyArt App, or any other person or entity.
Upon termination, all licenses and other rights granted to You under these Terms of Services will immediately cease and You will no longer be permitted or authorized to accessor use the Services. For a period of thirty (30) days after the effective date of termination, BodyArt App will make available to use the User Data You provided to us upon written request, after which time (unless otherwise required by Applicable Law) the User Data will no longer be accessed by You and, upon written request, will be destroyed or returned to you unless BodyArt App is legally obligated to maintain such User Data.
This Section 14.6 and Sections 3.1, 6, 7, 8, 9, 10, 11, 12, 13, and 15 of these Terms of Service will survive any termination or expiration of these Terms of Service.
These Terms of Services are governed by the laws of the State of California without regard to principles of conflicts of law.
You agree to resolve any claims relating to these Terms ofServices or the Site through final and binding arbitration. Any arbitration will be conducted by the American Arbitration Association (AAA) under its commercial arbitration rules. The arbitration will be held in Oakdale, CA.
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR BODYART APP MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
If You attempt to bring any legal action against BodyArt App based in any way on the Site, You agree that, in the event You do not prevail or BodyArt App does prevail, You will reimburse BodyArt App for any costs and attorneys’ fees associated with its defense of the action.
You may not assign or otherwise transfer these Terms of Service or any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without prior written consent of BodyArt App.
If any provision of these Terms of Services is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms of Services will remain in full force and effect.
The failure of BodyArt App to enforce any provision right or remedy in these Terms of Services shall not constitute a waiver of such provision, right or remedy.
Nothing in these Terms of Services is to be construed as creating an agency, partnership, or joint venture relationship between the parties hereto. Neither You nor BodyArt App shall have any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other party, whether express or implied, or to bind the other party in any respect whatsoever.
BodyArt App may provide notices to You with respect to these Terms of Services or the Services by posting such notices to Your Service account or by sending You emails to the contact email address You provide upon sign-up, registration or setting up Your account. Any such notices shall be deemed properly and timely given to You hereunder. You consent to the use of (a) electronic means to complete thisAgreement and to provide You with any notices given pursuant to these Terms ofServices; and (b) electronic records to store information related to these terms or Your use of the Services and the Site.
These Terms of Service constitute the entire agreement between You and BodyArt App with respect to the subject matter hereof and governs Your use of the Services and the Site, superseding any prior and contemporaneous agreements, understandings or arrangements between You and BodyArt App with respect to such subject matter.
If the App is provided to You through the Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions apply to You in addition to all the other terms and conditions of these Terms of Services: (a) the parties acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the App and (b) if any of the terms and conditions in these Terms ofServices are inconsistent or in conflict with Apple’s applicable instructions for Minimum Terms for Developer’s End User License Agreement, located at http://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/ (the“Apple EULA Terms”) or the App Store Terms and Conditions, located at http://www.apple.com/legal/internet-services/itunes/ca/terms.html (the “AppleApp Store Terms”), the terms and conditions of the Apple EULA Terms or AppleApp Store Terms, as applicable, will apply to the extent of such inconsistency or conflict.
If the App is provided to You through the Google Inc. (GoogleInc. together with all of its affiliates, “Google”) Google Play, the following terms and conditions apply to You in addition to all the other terms and conditions of these Terms of Services: (a) You acknowledge that Google is not responsible for providing support services for the App and (b) if any of the terms and conditions in these Terms of Services are inconsistent or in conflict with Google’s Google Play Developer Distribution Agreement located at https://play.google.com/about/developer-distribution-agreement.html (the“Google EULA Terms”), the terms and conditions of Google EULA Terms will apply to the extent of such inconsistency or conflict.
If You have any questions or comments about these Terms of Services, please do not hesitate to contact us by
Attn: Data Privacy Officer
5424 Sunol Blvd. Ste 10 PMB 1149
Pleasanton, CA 94566-7705 United States
If You need to access this Terms of Service in an alternative format due to having a disability, please contact us at email@example.com