Terms and Conditions

You hopefully know who we are by now, but just in case, these terms and conditions (“T&Cs”) are between us, Get Ink Limited (a company registered in England and Wales under company No. 14578035) (“us/we”) and you, a tattoo artist and/or tattoo studio (“you/your”) who uses our bespoke enquiry and booking platform (“Platform”). By creating an account and/or by using our Platform, you agree to these T&Cs and you warrant and represent that you have the authority to do so.

What we do

Our Platform helps you track your client's journey from the enquiry stage, to taking a deposit, to booking appointments. When you start a free trial and/or sign up for a subscription, we will provide the Platform to you and enable you to use the features described on our website at www.getink.app (“Website”), from time to time. The features available to you will depend on whether you are using the Platform as a sole tattoo artist or as part of the studio plan.

We aim to provide you with access to the Platform and use of it at all reasonable times but we cannot guarantee that we can do. It's important to us that you are aware that we cannot guarantee that you will have access to the Platform 100% of the time. We also can't guarantee that:

• the Platform is always free of errors, defects and bugs or security vulnerabilities, meets certain requirements or can be used in a particular way;
• you will have continuous or uninterrupted access (including continuous or uninterrupted access to your client list and/or bookings calendar); or
• the information available via the Platform is complete, accurate and up-to-date.

Before you get started with us, we want to let you know that we will be working in the background to ensure that for as much time as possible, you have uninterrupted use of the Platform. However, we may need to suspend or withdraw or restrict the availability of all or any part of the Platform and our services for business and operational reasons outside of our control. We encourage you to ensure that, where possible, you have synced your calendar with other third-party calendars and have a copy of the information contained within the Platform stored elsewhere. That way, if we do have a short period of outage there will be minimal disruption to you and your business.

Should any of the issues with the Platform which we've described above happen, you will not be entitled to any refund or credit of subscription fees.

Using the platform

In order for you to use the Platform and associated services, you must register an account. You agree to provide us with true, accurate, current and complete information in order to create your account. Access to the Platform requires you to input your email and password. It is your responsibility to keep the email and password credentials secure. Please refer to our privacy policy for more information. Upon the activation of your account, you have the right to install, display and use the Platform on your device. You are responsible for configuring your device to access the Platform and you should protect yourself by using virus protection software. We are not responsible or liable for your use of the Platform on your devices.

To ensure that our Platform works in the way in which it was designed and to keep our users safe, when using the Platform:

• you must not remove, copy or modify any aspect of the Platform;
• you must not attempt to gain unauthorised access to our Platform, the server on which our Platform is stored, or any server, computer or database connected to our Platform;
• you must not upload any viruses, Trojan horses or other malware or malicious code;
• you must not access a user account that belongs to another user;
• you must not let anyone else, including another user, access your account (unless you are using the studio plan in which case you must not let anyone else who is not part of the studio plan access your account);
• you must not use the platform in a way which may be unlawful, misleading, malicious or discriminatory.

You acknowledge and agree that by using the Platform, we will have access to and will process your clients' personal data, which may include images of your clients' which you may upload to the Platform to showcase yours or your studios work. Please refer to our privacy policy for more information. You will, at all times, be responsible for ensuring that your clients are provided with your terms and conditions and privacy policy and that your privacy policy clearly explains the access that we have to their data. The Platform has functionality to enable you to provide terms as part of your profile.

We will not be responsible or liable for any failure by you to supply the required terms to your clients. For any deposits taken via the Platform, you will remain responsible for any cancelled bookings and any applicable refunds according to your own terms.

We have the right to disable any user account and/or credentials, at any time, if in our reasonable opinion, you have failed to comply with any of the provisions of these T&Cs.

Subscription Fees and Deposit Fees

Subscription fees are payable on a monthly basis in advance. The subscription fee depends on whether you are using the Platform as a sole tattoo artist or as part of the studio plan and are set out on our Website. All fees are inclusive of VAT.

We use Stripe to securely handle our subscription payments and deposit payments taken for you. It's important to us that you know at the outset that we only use Stripe and no other third party processor, so please read this section carefully as it details when you will receive funds paid out to you. When your client pays a deposit, it is processed by our payment provider Stripe, who charge a transaction fee for their service. Stripe's fees are fixed but you should be aware that Stripe's fees could change at any time. We will not be liable for any costs associated with any fee increases. For more information on fees visit the Stripe website: https://stripe.com/gb/pricing. You should also be aware that once you receive a payment from your customers, Stripe usually hold onto those funds for a couple of days. This is something that we cannot change. You can request payment of funds out to you right away but if you do so then Stripe will charge you additional fees. The Platform never holds any money taken for bookings and is not liable for such monies.

Final payments for bookings are taken directly by you and are not processed via the Platform.

By agreeing to these T&Cs, you agree to be bound by the Stripe terms, as may be modified by Stripe from time to time. You can link an existing Stripe account or create a new one during the account sign up process. We are not liable or responsible for any liability related to use of Stripe to process payments.

In the event that you fail to make a subscription fee payment we will deem your account to be cancelled and the cancellation process below will apply. If the payment of your subscription fees fails, we will try to re-take a failed payment, at our sole discretion, before your account is deactivated. If payment is subsequently collected, your access to the platform will resume.

Cancellation

You are able to cancel your subscription at any time. When you pay your monthly subscription fee you are paying from the date you start for the month ahead. No refund will be owed to you when you cancel for any subscription fees already paid, so you may wish to time your cancellation to coincide with the end of your monthly subscription period.

Should you cancel and close your account, your account will be deactivated and any account information will be archived and may be held in accordance with our privacy policy, including, but not limited to, client information and any bookings that appear in your booking calendar.

If you have any live bookings when you close your account you will be responsible for either continuing with the booking in accordance with your terms. We will not be liable or responsible for any bookings lost due to cancellation and account closure.

Updates or Changes

From time to time, we may issue updates to the Platform to improve performance, enhance functionality, reflect changes in the operating system, or address security issues, or to discontinue or remove out of date functionality. We can make changes to the Platform and these T&Cs at any time. Please continue to check our T&Cs to ensure you understand the T&Cs which apply at a given time. If a substantial change is made to these T&Cs, for example, a new clause, or a change in meaning/interpretation of an existing clause, we will provide you with notice. By continuing to use the Platform following changes and/or any notification of any change, you are agreeing to any changes we make.

Ownership and Use of IP

We are the owner or the licensee of all intellectual property rights in Get Ink, the Platform and any Get Ink material and contents (including any material and content on our Website). Such rights are protected by laws and treaties around the world and we reserve all of these rights. Nothing in these T&Cs confers any licence to any intellectual property rights.

Other trade marks, service marks or logos that appear on the Platform, including those of other tattoo artists and studios, are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the owner's express permission.

By uploading any of your intellectual property to our Platform (including, but not limited to, your logo, tattoo designs and company name), you grant us permission to feature your intellectual property on our Platform for the purposes of providing the associated services. You also agree to our use of your intellectual property in our marketing activities. By providing any information, material or intellectual property to us, including by uploading information, material or intellectual property to the Platform, you warrant and represent that you own such information, material or intellectual property and you are authorised to use it, it does not infringe any third-party intellectual property rights and you have the right to provide the information, material or intellectual property to us.

Liability

We will not be responsible to you for loss of profits or revenue, loss of use, lost business or missed opportunities, or for any loss or damage that is indirect and/or was not reasonably foreseeable at the time these T&Cs were entered into. We are only responsible for direct losses as a result of us breaching these T&Cs. Our liability will be limited to the value of any subscription fees at the time of the breach. In no event shall we be liable for any claims, loss or damage, arising out of or in connection with your use of, or inability to use, the Platform, including, without limitation, direct or indirect loss, consequential loss or damage, loss of profit or goodwill, or for loss arising from any outages, errors or omissions in the Platform.

Other

If any term of these T&Cs is found to be unenforceable, this will not affect the validity of the other terms. You may not transfer any of your rights under these T&Cs to any other person. We may transfer our rights under these T&Cs to another business where we reasonably believe your rights will not be affected. Failure by us to enforce rights under these T&Cs shall not prevent us from taking further action. These T&Cs (including the privacy policy) constitute the whole agreement between us and supersede all other agreements which relate to the same subject matter. A person who is not a party to these T&Cs shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these T&Cs. These T&Cs (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (whether contractual or non-contractual) arising out of or in connection with these T&Cs, its subject matter or formation. These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law.

End Client Acknowledgment

Dealings with artists and/or studios on our Platform are solely between you and the artist and/or studio. We are not responsible or liable for any such dealings you have with an artist and/or studio. We are not affiliated with any artist or studio and you agree that we are not responsible for any loss or damage of any sort incurred as a result of dealing with an artist and/or studio on our Platform. The Platform contains links to content of third parties which has not been verified or reviewed by us. We do not endorse any third parties. You must make your own decisions about dealing with them and accessing any of their content. If anything goes wrong whilst, or because of dealing with a third party, your claim is against that third party, not us. As such, you cannot claim from us if anything goes wrong as a result of you dealing with a third party or accessing the information or content on either the Platform or their websites.