These Terms apply between you and Tattoodo ApS, Artillerivej 86, 2300 Copenhagen S, Denmark. The terms “Tattoodo”, “us”, “we” or “our” refer to Tattoodo ApS.
- “Affiliates”: the artists providing tattoos or Services as available on the Platform from time to time.
- “Content”: information you post, upload, display, share, transmit to other users or otherwise make available on the Platform, included but not limited to designs, text, information, images, photos, graphics, audio, videos, location data, and all other forms of data or communication, suggestions, ratings, guest reviews, comments, ideas, improvements, feedback or materials provided to us in connection with or related to the Platform, any related technology, Services, etc.
- “Platform”: any platform owned, controlled, managed, maintained and/or hosted by Tattoodo on which Services are made available, including but not limited to the website, any of our applications, the Content and infrastructure hereof (including the facilitation of reservation, purchase and payment services) through whatever, media or technology.
- “Services”: services that can be ordered, reserved and purchased from the artists, including but not limited to tattoo consultations, tattoo appointments, tattoo designs, skin treatment products and other Affiliate products.
- “Terms”: the terms as set out in this document.
2. The Nature of the Platform
Tattoodo provides a Platform on which Affiliates can advertise, market, sell, promote and offer their Services for order, reservation and purchase. The Terms apply to all Services made available on the Platform whether directly or indirectly (through Affiliates).
If you do not accept and agree to be bound by the Terms, please do not use the Platform.
We may change the Terms and Platform from time to time, e.g. to reflect regulatory changes, new features, or changes in Tattoodo’s or our Affiliates’ business practices. The Platform may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability. We may also remove features or suspend the Platform entirely. You will not be notified hereof, unless such changes are material.
3. The Role of Tattoodo
Tattoodo and the Affiliates have neither any partnership, joint venture, employment, agency, franchise, nor are we an intermediary between you and the Affiliate. Further, Tattoodo do not (re)sell, offer any Services or act as a representative in any other way.
When you make your reservation or purchase a Service, you enter into a direct (legally binding) contractual relationship with the applicable Affiliate. Tattoodo merely facilitates the Platform access, e.g. by transmitting the relevant details of your reservation or purchase to the relevant Affiliate(s) and by sending you a confirmation email for and on behalf of the Affiliate.
Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or rating of any Affiliate or Services made available, except as explicitly indicated or set out otherwise.
Although we will use reasonable skills and care in providing the Platform, we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held liable for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information.
The Platform may contain paid content, promotions, advertisement by third parties and links to third party domains. Tattoodo are not liable for the safety, accessibility or availability of such external domains or resources.
Any software and updates may be automatically installed/downloaded. Settings may be adjusted on your device’s settings, e.g. smartphone, computer, etc.
4. Information Provided by Affiliates
The information disclosed on our Platform is provided by the Affiliates, who are fully responsible for updating all rates/fees/prices, availability, policies and conditions and other relevant information.
The prices as offered by the Affiliates on our Platform are displayed including VAT/sales tax and all other taxes (subject to change of such taxes) and fees, unless stated differently on our Platform.
Discounted rates may carry special restrictions and conditions, for example non-cancellable and non-refundable. Please check the relevant reservation conditions and details thoroughly prior to making your reservation or purchase.
Obvious errors and mistakes (including misprints) are not binding.
All special offers and promotions are marked as such. If they are not labelled as such, you cannot derive any rights in the event of obvious errors or mistakes.
5. User Accounts
You must create an account and provide certain information about yourself in order to use some of the features that are offered on the Platform.
Your information must always be accurate, complete, and current, and you must ensure confidentiality of your login credentials. You may not impersonate someone else, create, claim or use an account for anyone but yourself, provide an email address other than your own, or create fake or multiple accounts.
Your username may not use:
- the name of another person or entity that is not lawfully available for use,
- a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or
- a name that is otherwise offensive, vulgar or obscene.
Tattoodo may at any time, without notice and discretionarily, deny creation of user accounts or deny users access to the Platform if violation of the Terms is suspected or could be foreseen.
You are responsible for all activities related to your user account. If you believe there is a risk of breach of security or unauthorized use, please immediately contact us on email@example.com.
Only users who have purchased Services should comment on their purchase and provide a review of the Affiliate. The completed review may be (a) uploaded onto the relevant Affiliate information page on our Platform for the sole purpose of informing (future) users of your opinion of the service (level) and quality of the Affiliate, and (b) (wholly or partly) used and placed by Tattoodo and the Affiliate at our sole discretion (e.g. for marketing, promotion, or improvement of our service) on our Platform or on social media platforms, newsletters, special promotions, apps, or other channels owned, hosted, used, or controlled by Tattoodo and our Affiliates.
In order to offer and maintain recent (and therefore relevant) reviews, reviews on the Platform should only be submitted within a limited period (14 days) after receiving a tattoo. Reviews will only be available for a limited period (60 months) after posting. The default ranking of the reviews is by date of submission relative to a few additional criteria (such as language, reviews with comments), whereas a review of users who [always] submit comprehensive and detailed reviews may be ranked on top.
Tattoodo allows the Affiliate to respond to a review. We reserve the right to adjust, refuse, or remove reviews at our sole discretion insofar it violates our review policy. Tattoodo does not compensate or otherwise reward a user for completing a review. The user review form should be regarded as a survey and does not include any (further commercial) offers, invitations, incentives or whatsoever. Tattoodo undertake to use its best efforts to monitor and remove reviews that include obscenities or reviews which include:
- Profanity, sexually explicit content, hate speech, discriminatory content, threats, violence.
- Full names of, personal attack towards the staff.
- Promoting illegal activities (e.g. drugs, prostitution).
- Sites, emails and addresses, phone numbers, cc details.
- Politically sensitive comments.
Reviews on an app platform follows the terms of the relevant app platform, e.g. iTunes, Google Play, etc.
6. Making Reservations and Purchases
Please be cautious when interacting with other users – both on the Platform and in real life. Tattoodo are neither liable nor responsible for the conduct of any user on or off the Platform. Moreover, Tattoodo does not conduct (criminal) background checks, etc.
Tattoodo currently offers two different types of reservations:
- Open Bookings that are made available to relevant artists in the pre-defined area.
- Users fills in a detailed tattoo brief on the Platform.
- Once completed, the brief is made available to Affiliates in the city defined by the user in the tattoo brief. Tattoodo will also make the brief available to Affiliates in the perimeter of the city, determined by a pre-defined radius of relevance.
- Affiliates interested in the brief will reach out to the user through our in-app messaging system. User will also be notified on email and/or in-app notification when a new message is received from an Affiliate.
- User can determine which Affiliates they want to engage in a conversation with.
- User and Affiliate can agree on the details of the booking by using the Tattoodo scheduling feature and Tattoodo Payment methods.
- Direct Bookings which are sent to a single artist.
- User fills in a detailed tattoo brief for a specific Affiliate on the Platform.
- Once submitted the brief is sent to the Affiliate, who will then be responsible for following up.
- User and Affiliate can agree on the details of the booking by using the Tattoodo scheduling feature and Tattoodo Payment methods.
Tattoodo cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed or accepted by the Affiliate.
In order to duly complete and secure your reservation or purchase, you must create a user profile and include your correct email address. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong (mobile) phone number or credit card number.
By making a reservation with an Affiliate, you accept and agree to the relevant cancellation and no-show policy of that Affiliate, and to any additional (delivery) terms of the Affiliate that may apply to your reservation (including the fine print of the Affiliate made available on our Platform and the relevant house rules of the Affiliate), including Services rendered by the Affiliate.
The relevant (delivery/purchase) terms of an Affiliate can be obtained by the user from said Affiliate.
Please note that certain rates, fees or special offers are not eligible for cancellation, refund or change. Please check the details of your Service thoroughly for any such conditions prior to making your reservation or purchase.
Please note that a reservation which requires down payment or (wholly or partly) prepayment may be cancelled by the Affiliate (without a prior notice of default or warning) insofar the relevant (remaining) amount(s) cannot be collected in full on the relevant due or payment date in accordance with the relevant payment policy of the Affiliate and the reservation.
Tattoodo does not accept any liability or responsibility for the consequences of any cancellation or charged no-show fee by the Affiliate.
If you wish to purchase any Service made available through the Platform, you may be asked to supply certain information relevant to your purchase including, without limitation, your age, credit card number, the expiration date of your credit card, and your address.
Reservations are not subject to payment unless the specific Affiliate requires payment either in full, in part or as a deposit when you purchase or make a reservation. Payments are safely processed from your credit/debit card, third party payment processor, e.g. Stripe, Apple Pay, Klarna, etc., made available at the Platform (Tattoodo never acts nor operates as the merchant of record).
Depending on the payment terms set by the Affiliates and upon payment, Tattoodo will charge either full amount to be paid by you to the Affiliate or a 20% deposit on your credit/debit card or through a third party payment processor made available on the Platform. Any outstanding amount must be paid to the Affiliate on the day of the reservation and prior to the commencement of the tattooing. The escrow will be released to the Affiliate when the tattooing has been completed.
Please note, some Affiliates require payment when making the reservation, either in full, in part, or as a deposit. If this is the case, information will be provided in the booking flow.
The terms of your payment will be based on your payment method chosen and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method. You will receive a receipt by email from Tattoodo on behalf of the Affiliate.
Any payment facilitated by us, for and on behalf of, transferred to the Affiliate is final and cannot be reclaimed unless otherwise explicitly stated.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to availability, erroneous information, or if fraud or unauthorized, illegal transaction is suspected.
Objections to payments should be directed to your bank or payment provider, who can provide further information on your rights as well as applicable time limits. Further, please inform Tattoodo of any objections by contacting firstname.lastname@example.org. Tattoodo are not liable for any misuse or unauthorised payments.
You cannot not hold Tattoodo liable or responsible for any (authorized, (allegedly) unauthorized or wrong) charge by the Affiliate, and you cannot (re)claim any amount for any valid or authorized charge by the Affiliate (including for pre-paid services, no-show and chargeable cancellation) of your credit card.
6.3.1. Non-refundable payments
For certain (non-refundable) rates or special offers, please note that the Affiliates may require that payment is made upfront by Stripe including wire transfer (if available), by credit card or other payment method, and therefore your credit card may be pre-authorised or charged (sometimes without any option for refund) upon making the reservation. Please check the (reservation) details of your chosen Service thoroughly for any such conditions prior to making your reservation.
7. Rights Granted to Tattoodo
By uploading Content onto our Platform (for instance in addition to a review); you certify, warrant and agree that you own the copyright to the Content and that you grant Tattoodo a non-exclusive, worldwide, irrevocable, unconditional transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute any Content on the Platform, however always subject to mandatory regulation, e.g. GDPR, and IP-rights.
For governmental use, system protection, safety of our users, Affiliates, integrity and operation of the Platform, etc., we may access and disclose any information we consider necessary or appropriate, including but not limited to user account information, IP addresses, traffic information, usage history and Content.
You accept full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, accommodation owners) due to Tattoodo publishing and using your Content.
Tattoodo does not own or endorse Content that is uploaded. The truthfulness, validity and right to use of all Content is assumed by the person who uploaded the photo and is not the responsibility of Tattoodo. Tattoodo disclaim all responsibility and liability for the Content posted. The person who uploads the Content warrants that it does not contain any viruses, Trojan horses or infected files and do not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and do not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by Tattoodo at any time and without prior notice.
8. Intellectual Property Rights and Restrictions of Use
Unless stated otherwise, the software required for, available at or used by our Platform and the intellectual property rights (including the copyrights) of the Contents and information of and material on our Platform are owned by Tattoodo and/or our Affiliates.
Tattoodo exclusively retains ownership of all rights, title and interest in and to all intellectual property rights of the look and feel including infrastructure of the Platform, including the guest reviews and translated Content.
Our Platform is made available for personal and non-commercial use only.
You are not allowed to:
- re-sell, hyper/deep-link, use, copy, publish, modify, translate, decompile, reverse engineer, decipher, transmit, create any derivative works from, make use of, use as meta tags, reproduce in any way, promote, market, integrate, utilize, combine, monitor (e.g. spider, scrape), use datamining, frame, mirror, display, download, reproduce, or otherwise use the Content, including but not limited to any pictures, images, copyrighted material, trademarks and names, service marks, or other intellectual property, proprietary information or any other content or information, software, without Tattoodo’s prior written consent,
- use or develop applications that interact with the Platform, without Tattoodo’s prior written consent, or
- use, store, upload viruses or other malicious ware or compromise the security of the Platform or promote behaviour in violation of the Terms.
Any unlawful use or any of the actions or behaviour listed above will constitute a material infringement of our intellectual property rights (including copyright and database right).
8.1. Making claims of right/infringements
If your intellectual property rights have been infringed, please submit your complaint to email@example.com immediately. Upon receipt of a complaint, we may take certain actions, including removing information or an item, and termination of repeat infringers in appropriate circumstances. All such actions are taken without any admission as to liability and without prejudice to any rights, remedies or defences, all of which are expressly reserved. This includes forwarding the complaint to the parties involved in the provision of the allegedly infringing content.
You agree to indemnify Tattoodo for all claims brought by a third party against Tattoodo arising out of or in connection with the submission of a complaint.
8.2. Unlawful Content
Any unlawful Content that may exploit or otherwise harm minors; or may violate or advocate the contravention of any law or regulation is prohibited.
In general, all artistic images depicting nudity and sexuality are allowed without censorship. However, images depicting implied actions that have the potential to normalize violence such as non-consensual or violent sex acts, including rape, are not allowed at any time. Images depicting fetish content that involves acts that are likely to lead to the death of a person or animal such as: dismemberment, cannibalism, or bestiality are also not allowed.
Real female nipples must be censored unless in the context of breastfeeding, birth giving and after-birth moments, health-related situations (for example, post-mastectomy, breast cancer awareness or gender confirmation surgery) or an act of protest.
Millions of designs, thousands of customer reviews and comments are hosted on the Platform. Consequently, it is not possible for us to monitor all Content, designs or Services listed for sale, each customer review or comment that is displayed, etc. Therefore, we operate on a “notice and action” basis.
You understand and agree that we may monitor Content and delete – in whole or in part – Content that in our sole judgment violates the Terms or may harm the reputation of the Platform. If you become aware of such Content, please let us know immediately on firstname.lastname@example.org.
Important Warning: giving false, misleading or inaccurate information in thenotice to Tattoodo on the Platform may result in civil and criminal liability.
Failure to comply with any obligations set out in the Terms constitutes a breach, which may result in immediate termination of your account. Clauses 7, 8 and 9 - 13 will still apply.
Subject to the limitations set out in these Terms and to the extent permitted by law, the Platform is provided on an “as is” and “as available” basis; and to the extent permitted by applicable law, grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the Platform (including but not limited to all Services and Content), including, without limitation, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement.
Tattoodo does not represent or warrant that (a) the Platform will be uninterrupted or error free, (b) any defects or errors in the service will be corrected, or (c) that any Content or information you obtain on or through the Platform will be accurate.
Tattoodo has no responsibility for any Content and any material downloaded or otherwise obtained through the Platform; hence any Content is accessed at your own discretion and risk.
To the fullest extent permitted by applicable law, in no event will Tattoodo, our officers, directors, employees, representatives, subsidiaries, affiliated companies, our Affiliates, distributors, licensors, licensees, agents, service providers or others involved in creating, sponsoring, promoting, or otherwise making available the Platform, be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, loss of profits, whether incurred directly or indirectly, or any loss of data, use, goodwill, production, profit, revenue or other intangible losses, resulting from: (i) your access to or use of or inability to access or use the Platform, (ii) the conduct or Content of other users or third parties on, though, or following use of the Platform; or (iii) unauthorized access, use or alteration of your Content, even if Tattoodo have been advised of the possibility of such damages.
If Tattoodo are liable under certain jurisdictions, Tattoodo shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to the Platform, up to an aggregate amount of the aggregate cost of your reservation as set out in the Affiliate confirmation email (whether for one event or series of connected events).
Tattoodo are not responsible (and disclaims any liability) for the use, validity, quality, suitability, fitness and due disclosure of the Platforms or Services and make no representations, warranties or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement or fitness for a particular purpose. You acknowledge and agree that the relevant Affiliate is solely responsible and assumes all responsibility and liability in respect of the Service (including any warranties and representations made by the Affiliate). Tattoodo are not a (re)seller of the Services. Complaints or claims in respect of the Services (including related to the offered (special/promotion) price, policy or specific requests made by you) are to be dealt with by the Affiliate. Tattoodo are not responsible for and disclaims any liability in respect of such complaints, claims and (product) liabilities.
Whether or not the Affiliate has charged you for the Service, or if Tattoodo are facilitating the payment of the price or fee for the Service, you agree and acknowledge that the Affiliate is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the price or fee to the relevant tax authorities. Tattoodo are not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the price or fee to the relevant tax authorities. Tattoodo do not act as the merchant of record for any Service made available on the Platform.
Any claim or complaint against Tattoodo or in respect of the Affiliate must be promptly submitted, but in any event within 48 hours after the scheduled day of receipt of the Service. Any claim or complaint that is submitted after the 48-hour period may be rejected, and the claimant shall forfeit its right to any (damage or cost) compensation.
Due to the continuous update and adjustments of rates and availability, we strongly suggest making screenshots when making a reservation to support your position (if needed).
13. Applicable Law and Jurisdiction
Except when prohibited by mandatory regulation on choice-of-law or venue, the Terms and the provision of our services shall be governed by and construed in accordance with Danish law, and any dispute arising out of these Terms and our services shall exclusively be submitted to the High Maritime and commercial Court in Copenhagen, Denmark.
If any provision of these Terms is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such an event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these Terms.