Terms and Conditions
General Terms and Conditions for TattooMate.
Note: These terms are a baseline. Before selling, a legal review is recommended.
1. Scope
These General Terms and Conditions (GTC) apply to all contracts for the use of the software “TattooMate” as well as related services (e.g., hosting, setup, training) concluded between the provider and the customer (studio) for its own operations. Deviating terms of the customer apply only if the provider expressly agrees to them in writing.
2. Subject matter of the service
TattooMate is software to support studio workflows, in particular the digital capture and documentation of consents, health information, signatures and related documents. The provider owes the provision of the software according to the agreed scope of services. Legal advice is not part of the service.
3. Conclusion of contract
A contract is concluded as soon as the customer accepts an offer from the provider or the provider activates or provides the service. The provider may make conclusion of the contract dependent on verification of information or advance payment.
4. Prices and payment terms
The prices agreed at the time the contract is concluded apply. Unless stated otherwise, all prices are plus statutory VAT. One-time services (e.g., license, setup, modules) are due before performance unless otherwise agreed. Ongoing services (e.g., hosting) are billed monthly in advance unless otherwise agreed.
5. License and rights of use (self-hosting)
For self-hosting, the customer receives a non-exclusive, non-transferable right to use the software for its own studio operations. Passing on, renting, selling or publicly providing the software is not permitted without the provider’s express consent. The customer is responsible for proper operation of its infrastructure (server, updates, backups, security) unless additional services were agreed.
6. Hosting (SaaS)
If hosting by the provider is agreed, the provider supplies TattooMate as a hosted service. The provider strives for high availability. Maintenance windows, updates or disruptions may lead to temporary limitations. The customer is responsible for correct use, its access credentials and the authorization of its users.
7. Customer obligations
The customer is obliged to use the software only in accordance with applicable laws and to instruct its users accordingly. The customer is the controller within the meaning of the GDPR for personal data captured in the studio unless another model is expressly agreed. The customer must ensure that only authorized persons have access (e.g., via roles/permissions and secure passwords).
8. Data protection and processing on behalf
With self-hosting, data generally remains within the responsibility and infrastructure of the customer. With hosting (SaaS), a data processing agreement (DPA) may be required. Details are regulated in the contract. Further information can be found in the privacy policy.
9. Updates and further development
TattooMate is continuously developed. The provider may improve, change or add features as long as this does not materially impair the agreed scope of services. With self-hosting, the customer can apply updates when available. With SaaS hosting, updates are usually applied by the provider.
10. Support and training
Support scope and response times depend on the agreed package or offer. Training or onboarding, if booked, is billed at the agreed hourly rate.
11. Defects and liability
The provider is liable without limitation in cases of intent and gross negligence. In cases of simple negligence, the provider is liable only for breach of essential contractual obligations (cardinal duties) and is limited to the typically foreseeable damage. Liability for lost profits, indirect damages or consequential damages is excluded to the extent permitted by law. The provider is not liable for the substantive correctness of studio texts, consents or legal wording defined by the customer.
12. Term and termination (SaaS)
For ongoing services (e.g., hosting), the terms and notice periods agreed in the offer or contract apply. After the contract ends, the customer may, as far as technically possible and agreed, export its data. Details are regulated in the data processing agreement.
13. Final provisions
The law of the Federal Republic of Germany applies. If individual provisions are or become invalid, the validity of the remaining provisions remains unaffected. Place of jurisdiction is, to the extent permissible, the provider’s seat.