Terms and Conditions
General terms and conditions for TattooMate.
Note: These terms provide a general framework. A legal review is recommended before commercial use.
1. Scope
These Terms and Conditions 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). Deviating terms of the customer shall only apply if expressly agreed in writing by the provider.
2. Subject of the service
TattooMate is a software solution 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 within 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 delivers the service. The provider may make the conclusion of the contract dependent on verification of the information provided or advance payment.
4. Prices and payment terms
The prices agreed at the time of conclusion of the contract shall apply. Unless otherwise stated, all prices are exclusive of statutory VAT. One-time services (e.g. license, setup, modules) are due before service provision unless otherwise agreed. Ongoing services (e.g. hosting) are billed monthly in advance unless otherwise agreed.
5. License and rights of use (self-hosting)
In the case of self-hosting, the customer is granted a non-exclusive, non-transferable right to use the software for their own studio operations. Passing on, renting, selling or making the software publicly available is not permitted without the provider’s express consent. The customer is responsible for the proper operation of their infrastructure (servers, updates, backups, security) unless additional services have been agreed.
6. Hosting (SaaS)
If hosting by the provider is agreed, the provider shall make 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 proper use, their access credentials and the authorization of their users.
7. Obligations of the customer
The customer is obliged to use the software only in accordance with applicable law and to instruct their users accordingly. The customer is the controller within the meaning of the GDPR for personal data collected in the studio, unless an alternative model is expressly agreed. The customer must ensure that access is granted only to authorized persons (e.g. via roles/permissions and secure passwords).
8. Data protection and data processing
In the case of self-hosting, data generally remains under the responsibility and infrastructure of the customer. In the case of hosting (SaaS), a data processing agreement (DPA) may be required. Details are regulated within 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 extend functions provided that the agreed scope of services is not materially impaired. In the case of self-hosting, the customer may install updates as they become available. In the case of hosting (SaaS), updates are usually installed by the provider.
10. Support and training
The scope of support and response times depend on the agreed package or offer. Training or onboarding services, if booked, are charged at the agreed hourly rate.
11. Defects and liability
The provider shall be liable without limitation in cases of intent and gross negligence. In cases of slight negligence, the provider shall only be liable for breaches 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 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 shall apply. After termination, the customer may, where technically possible and agreed, export their data. Details are regulated within the contract.
13. Final provisions
The law of the Federal Republic of Germany shall apply. If individual provisions are or become invalid, the validity of the remaining provisions shall remain unaffected. The place of jurisdiction is, insofar as legally permissible, the provider’s place of business.