Terms and Conditions
General Terms and Conditions for TattooMate.
1. Scope
These General Terms and Conditions (GTC) apply to all contracts for the use of the software 'TattooMate' and associated services (e.g. hosting, setup, training) entered into between the provider and the customer (studio). Deviating conditions of the customer only apply if the provider explicitly agrees to them in writing.
2. Subject matter
TattooMate is software to support studio workflows, in particular for the digital capture and documentation of consents, health details, signatures and associated documents. The provider owes the provision of the software in accordance with 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 the conclusion of the contract subject to verification of the details or advance payment.
4. Prices and payment terms
The prices agreed at the time of conclusion of the contract apply. All prices are exclusive of statutory VAT unless otherwise stated. Licences (self-hosted base and add-on modules) as well as SaaS services can be billed monthly or annually in advance. With annual payment, the annual price shown applies, which is discounted compared to the monthly equivalent. Monthly licences renew automatically for a further month unless cancelled by the last day of the current month. Annual licences do not renew automatically — continued use after expiry requires a new payment. One-time services (e.g. setup, individual customisations) are due before the service is rendered unless otherwise agreed.
5. Licence and usage rights (self-hosting)
With self-hosting, the customer receives a non-exclusive, non-transferable right to use the software for their own studio operations. Passing on, renting out, selling or making the software publicly available is not permitted without the explicit consent of the provider. The customer is responsible for the proper operation of their infrastructure (server, updates, backups, security) unless additional services have been agreed.
6. Hosting (SaaS)
If hosting by the provider has been agreed, the provider makes TattooMate available as a hosted service. The provider strives for high availability. Maintenance windows, updates or disruptions may lead to temporary restrictions. The customer is responsible for correct use, their access credentials and the authorisation of their users.
7. Customer obligations
The customer is obliged to use the software only within the framework of applicable laws and to instruct their users accordingly. The customer is the controller within the meaning of the GDPR for the personal data collected in the studio, unless a different model has been explicitly agreed. The customer ensures that only authorised persons have access (e.g. through roles/permissions and secure passwords).
8. Data protection and data processing
With self-hosting, the data remains in principle under the responsibility and infrastructure of the customer. With hosting (SaaS), a data processing agreement (DPA) may be required. Details are regulated within the framework of the contract. Further information can be found in the privacy policy.
9. Updates and further development
TattooMate is continuously developed. The provider may improve, modify or supplement functions, provided this does not significantly impair the agreed scope of services. With self-hosting, the customer can install updates as they become available. With hosting (SaaS), updates are generally installed by the provider.
10. Support and training
The scope of support and response times are based on the agreed package or offer. Training or introductions, if booked, are charged at the agreed hourly rate.
11. Defects and liability
The provider is liable without limitation for intent and gross negligence. For simple negligence, the provider is only liable in the event of a breach of essential contractual obligations (cardinal obligations) and 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 accuracy of studio texts, consents or legal formulations that the customer defines themselves.
12. Contract term and cancellation (SaaS)
For ongoing services (e.g. hosting), the contract terms and notice periods agreed in the offer or contract apply. After the end of the contract, the customer may, where technically possible and agreed, export their data. Details are regulated within the framework of the data processing agreement.
13. Final provisions
The law of the Federal Republic of Germany applies. Should individual provisions be or become invalid, the validity of the remaining provisions shall remain unaffected. The place of jurisdiction is, where permissible, the registered office of the provider.