Terms & Conditions
Terms and conditions for TattooMate.
1. Scope
These Terms and Conditions apply to all contracts regarding the use of the software "TattooMate" as well as related services (e.g. hosting, setup, training) concluded between FutureMate (hereinafter "Provider") and the customer (studio). Deviating terms of the customer only apply if the Provider expressly agrees to them in writing.
2. Scope of services
TattooMate is software designed 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. Formation of contract
A contract is formed once the customer accepts an offer from the Provider, or the Provider activates or provides the service. The Provider may make the formation of the contract dependent on a review of the information provided or an upfront payment.
4. Prices and payment terms
The prices agreed at the time the contract is concluded apply. Unless stated otherwise, all prices are subject to statutory VAT. Licenses (self-hosted base and add-on modules) as well as SaaS services can be billed monthly or annually in advance. For annual payment, the stated annual price applies, which is discounted compared to the monthly equivalent. Monthly licenses automatically renew for one additional month unless cancelled by the last day of the current month. Annual licenses do not renew automatically, continued use after expiry requires a new payment. One-time services (e.g. setup, custom adjustments) are due before the service is rendered, unless otherwise agreed.
5. Price adjustments for ongoing contracts
The Provider may adjust prices for ongoing SaaS or license contracts with at least six weeks' notice, effective as of the next billing period. If the customer does not object to a price increase within four weeks of receiving the notice, the adjustment is deemed accepted. The Provider will specifically point out this deadline and the significance of remaining silent in the notice. If the customer objects in due form and time, the Provider is entitled to terminate the affected contract with effect from the date the price adjustment would have taken effect.
6. License and usage rights (self-hosting)
For self-hosting, the customer receives a non-exclusive, non-transferable right to use the software for their own studio operations. Redistribution, rental, sale, or public provision of the software is not permitted without the Provider's express consent. The customer is responsible for the proper operation of their infrastructure (server, updates, backups, security), unless additional services have been agreed.
7. Intellectual property and trademarks
The name "TattooMate", the associated logo, and all other identifying marks are the property of the Provider or its affiliated companies. Through the contract, the customer acquires only the usage right to the software described in these Terms, but no rights whatsoever to the Provider's name, trademark, logo, or other intellectual property. Any use of these marks by the customer requires the Provider's prior written consent.
8. Prohibition of reverse engineering
The customer is not entitled to reverse engineer, decompile, or disassemble the software, unless legally mandatory and the customer has informed the Provider in writing of their intent beforehand. This applies regardless of whether the software is used as a self-hosted license or as SaaS.
9. Prohibition of assignment
The customer may only assign or transfer rights and obligations under the contract to third parties with the Provider's prior written consent. This does not affect transfer as part of universal succession (e.g. business transfer), provided the Provider is informed without delay.
10. Hosting (SaaS)
If hosting by the Provider is 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 limitations. The customer is responsible for proper use, their access credentials, and the authorization of their users.
11. Data backup under self-hosting
Under self-hosting, responsibility for regular data backups lies entirely with the customer. The Provider assumes no liability for data loss resulting from missing or insufficient backups within the customer's area of responsibility, unless a separate backup service has been contractually agreed.
12. Customer obligations
The customer is obligated to use the software only within the scope of applicable law and to instruct their users accordingly. The customer is the controller within the meaning of the GDPR for personal data captured in the studio, unless another model has been expressly agreed. The customer ensures that only authorized persons are granted access (e.g. through roles/permissions and secure passwords).
13. Indemnification
The customer indemnifies the Provider against all third-party claims arising from unlawful, contract-violating, or improper use of the software by the customer or their users. This applies in particular to content the customer enters into the software themselves (e.g. their own form texts, health questions, or legal wording), as well as to the accuracy of the disclosures the customer provides to their own clients. The indemnification also covers reimbursement of reasonable legal defense costs, provided the customer is responsible for the breach of duty.
14. Data protection and data processing
Under self-hosting, data remains fundamentally within the customer's responsibility and infrastructure. Under hosting (SaaS), a Data Processing Agreement (DPA) may be required. Details are governed within the contract. Further information can be found in the privacy policy.
15. Updates and further development
TattooMate is continuously developed further. The Provider may improve, change, or add features, provided this does not materially impair the agreed scope of services. Under self-hosting, the customer may install updates as available. Under hosting (SaaS), updates are generally installed by the Provider.
16. Support and training
The scope of support and response times depend on the agreed package or offer. Training or onboarding sessions, if booked, are billed at the agreed hourly rate.
17. Defects and liability
The Provider is liable without limitation for intent and gross negligence. For simple negligence, the Provider is only liable for breach of material contractual obligations (cardinal obligations) and limited to the typically foreseeable damage. Liability is in any case limited, to the extent permitted by law, to the amount paid by the customer in the twelve months preceding the event giving rise to the claim. Liability for lost profits, indirect damages, or consequential damages is excluded to the extent legally permissible. The Provider is not liable for the accuracy of studio texts, consents, or legal wording that the customer determines themselves.
18. Prohibition of set-off
The customer may only set off undisputed or legally established claims against the Provider's claims. A right of retention only applies to the customer insofar as their counterclaim is based on the same contractual relationship.
19. Force majeure
The Provider is released from its performance obligations to the extent and for as long as performance is prevented or materially impeded by events of force majeure, in particular failures at third-party providers (e.g. hosting, cloud, or DNS providers), natural events, strikes, or regulatory orders. Both parties will coordinate on next steps without delay in such a case.
20. Contract term and termination (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 governed within the Data Processing Agreement.
21. Changes to these Terms
The Provider may change these Terms with effect for the future, provided this is necessary to adapt to changed legal or technical circumstances, or does not materially shift the contractual balance to the customer's disadvantage. Changes will be communicated to the customer in text form at least six weeks before taking effect. If the customer does not object within four weeks of receipt, the amended Terms are deemed accepted. The Provider will specifically point out this consequence in the notice.
22. 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.