Terms of service
Legal notice
Tattoo Daily BV
Wichersstraat 79
1051 ML Amsterdam
Email: support@tattoodaily.io
B. Terms of use
Last update: April 15th, 2024
These Terms of Use and the Privacy and Cookie Statement constitute your agreement with Tattoo Daily (if you are a tattoo artist accepting bookings through The Tattoo Daily Site, these provisions also apply to you in addition to the General conditions of sale and use as well as the special conditions at the time of your registration). Read them carefully; these provisions bind you as soon as you use The Tattoo Daily Site.
Attention: If you do not agree with all or some of these Terms of Use, you should not use The Tattoo Daily Site.
Definitions
"Tattoo Daily" : means the company Tattoo Daily.
"The Tattoo Daily Site" : refers to all web and mobile websites accessible at " https://www.tattoodaily.io" and Tattoo Daily mobile and tablet apps.
"User" : means any individual over 18 years of age, capable of entering into contracts, who visits The Tattoo Daily Site and/or has an account on The Tattoo Daily Site and in the plural “Users”.
“Artist”: means a licensed tattoo artist based in the EU who has an account on The Tattoo Daily Site and who uses The Tattoo Daily Site to enhance his appointment booking process and in the plural “Artists”.
"Terms of Use" : refers to these general conditions of use and any special conditions of use.
"Artist Content" : refers to elements of the Artists page provided to Tattoo Daily by the Artist or which the Artist has authorized Tattoo Daily to load onto The Tattoo Daily Site, such as his or hers availability or Social Media content.
"User Content" : refers to all the elements provided by the User on The Tattoo Daily Site, including text, document, image, photo, review or right of reply.
Acceptance and modification of the Terms of Use
Tattoo Daily provides the User with an online booking platform in exchange for unconditional acceptance of these Terms of Use.
Users declare and acknowledge having fully read these Terms of Use. Furthermore, by using any of the services offered on The Tattoo Daily Site, Users unconditionally accept to be bound by these Terms of Use.
Tattoo Daily reserves the right to amend these Terms of Use at any time, in whole or in part. It is therefore the User's responsibility to regularly consult the latest version of the Terms of Use posted on The Tattoo Daily Site. Users are deemed to accept this latest version upon each new use of The Tattoo Daily Site.
By accessing or using The Tattoo Daily Site in any way, the User agrees to be bound by these Terms of Use.
1. Description of The Tattoo Daily Site
Use of The Tattoo Daily Site is subject to limitations of liability on the part of Tattoo Daily. Please refer to Article 7 "Limitation of Liability" for details.
1.1 Introduction platform
The Tattoo Daily Site is a platform that allows the User to connect with the Artist listed on The Tattoo Daily Site, among other functionalities. As such, Tattoo Daily acts exclusively as an intermediary in connection with the booking of a tattoo appointment by the User.
2. Use of The Tattoo Daily Site
2.1 Deposits and Administrative Fee
The services offered on The Tattoo Daily Site are generally free, and Tattoo Daily does not charge the User for its usage. However, when booking an appointment with an Artist, the User (customer) may be required to pay a non-refundable deposit to secure the appointment. Additionally, the Artist may charge an administrative fee on top of this deposit. This administrative fee is intended to cover the Artist’s expenses, such as administrative costs and/or the costs associated with the services provided by Tattoo Daily to the Artist.
2.2 Rules of the Deposit
Non-Refundable: The deposit paid by the User is non-refundable under any circumstances.
Appointment Changes: Users can modify or request a new appointment up to 7 days before the scheduled date. However, any changes are subject to the availability and approval of the Artist.
Changes Within 7 Days: Changes to the appointment within 7 days of the scheduled date can only be initiated by the Artist. Users are required to contact the Artist directly for any modifications during this period.
3. Third party sites and services
3.1 Services offered by third parties
Users acknowledge that The Tattoo Daily Site refers to paid-for services. In particular, any booking made on The Tattoo Daily Site refers to a Tattoo appointment performed by a third party Artist for which payment is required. Any price or price range concerning a third party provider displayed on The Tattoo Daily Site is provided for information purposes only and for convenience. In no event shall Tattoo Daily guarantee the accuracy of such information.
It is crucial to note that Tattoo Daily, comprising both the site and the company, does not constitute a party to any contractual agreement established between the artist and the user. Tattoo Daily is not involved in executing or fulfilling this agreement in any capacity.
Additionally, users explicitly understand and agree that any claims arising from or related to the contractual agreement between the artist and the user are solely between the parties involved, and Tattoo Daily shall not be liable for any such claims.
3.2 Links to third party sites
The Tattoo Daily Site may contain links to sites managed by third parties. These links are for information only. Tattoo Daily does not control these sites and is not responsible for their content or for the privacy policy or other practices of such sites. The display of links to such sites does not constitute approval of the elements on these sites nor any association with the publishers of these sites. It is the Users’ responsibility to carry out any checks deemed necessary or appropriate before using these sites or entering into a transaction with any of them.
4. Access and Use of The Tattoo Daily Site
4.1 Conditions of eligibility
Use of The Tattoo Daily Site is subject to the following cumulative eligibility requirements: as a User (i) you are at least 18 years of age; (ii) you have the legal capacity to submit to be bound by legal obligations; (iii) and the booking that you make on The Tattoo Daily Site, for you or any other person for whom you are legally entitled to act, will be legitimate.
4.2 Access to The Tattoo Daily Site
Tattoo Daily reserves the right to suspend, delete or modify all or part of The Tattoo Daily Site or the services offered on The Tattoo Daily Site without prior notice. Tattoo Daily also reserves the right to suspend access to The Tattoo Daily Site for all or any Users due to maintenance, emergency (cyberattack, etc.) or for any other reasonable reason and at any time.
4.3 Conditions for opening an account
By opening an account, the User expressly and unreservedly accepts these Terms of Use.
Users undertakes to provide accurate, up-to-date and truthful information, in particular regarding their title, last name, first name, email address and telephone number, which are necessary for their proper identification in relation to the opening and maintenance of their account.
4.4 Confidentiality of account credentials
During the creation of their account, Users choose an ID and a password ("Credentials") enabling them to access their account.
The Credentials are personal and confidential. They can only be changed at the request of the User concerned or at the initiative of Tattoo Daily.
Users are solely and entirely responsible for the use of their account and the Credentials concerning them, and undertake to do everything possible to keep their Credentials secret and to not disclose them to anyone in any form whatsoever.
In the event of loss or theft of one of a User's Credentials, that User is liable for any consequential damage of this loss or theft, and must follow, as soon as possible, the procedure enabling them to be modified, which can be accessed in the "Settings" section of the User account.
4.5 Closing the account
Users may close their account at any time. To do so, they must send their account closure request by email to: artist@TattooDaily.io.
Tattoo Daily will endeavour to process any account closure request within a reasonable period of time.
Users are informed that as of the closure of their account, they will no longer be able to benefit from the services offered by Tattoo Daily and their current reservations will be cancelled.
4.6 Users’ obligations - Prohibited Actions
Users agree to use The Tattoo Daily Site in accordance with these Terms of Use and applicable law. In particular, Users agree not to engage in the prohibited actions mentioned below:
Failing to go to the appointment without cancelling the reservation (no-show).
The content and data of The Tattoo Daily Site (including but not limited to messages, data, information, text, music, sounds, photos, graphics, videos, maps, icons, software, codes or any other element), as well as the infrastructure used to provide such content and information, belongs to Tattoo Daily; Users agree not to modify, copy, distribute, transmit, display, make available, reproduce, publish, license, create derivative works, transfer, sell or resell any information, software, products or services obtained from or through The Tattoo Daily Site.
Furthermore, Users undertake to not:
use The Tattoo Daily Site or its contents for illegal, illegitimate or fraudulent purposes;
submit User Content or Tattoo Artist Content to The Tattoo Daily Site that is inaccurate, illegal and in particular which invades privacy, is abusive, indecent, threatening, incites hatred or violence, or of which the intellectual property rights do not belong to them and for which they do not have the express permission of the rights holder;
use, monitor, extract or copy the architecture, content or data of The Tattoo Daily Site or the actions of any User on The Tattoo Daily Site by using a robot, a spider, a scraper, Spyware, keystroke recorder or any other program or automatic device or manual process for any purpose;
violate restrictions regarding robot exclusion files on The Tattoo Daily Site or circumvent measures to prevent or limit access to The Tattoo Daily Site;
take any action that imposes, or could impose an unreasonable or excessive burden on the infrastructure of The Tattoo Daily Site;
establish an invisible link to The Tattoo Daily Site for any reason;
"frame", "reflect" or incorporate any portion of The Tattoo Daily Site into another site;
attempt to modify, translate, adapt, revise, decompile, disassemble or reverse engineer any software program used by Tattoo Daily in connection with The Tattoo Daily Site or its services.
4.7 Penalty for breach of contract
4.7.1 Suspension or Termination of The Tattoo Daily Site services
In the event of the total or partial non-compliance or non-respect by a User of any of the obligations or provisions of these Terms of Use, or in the event that a User performs any of the prohibited actions as set out in these Terms of Use, or for any other reasonable reason, Tattoo Daily may modify, suspend, limit or remove access to any or all of the services of The Tattoo Daily Site, including by deactivating the User's account, without notice and without any right whatsoever for the User to claim compensation, and without prejudice to any compensation that Tattoo Daily may otherwise claim in court.
4.7.2 Damages
Without prejudice to the penalties imposed by Tattoo Daily under Article 4.7.1, Tattoo Daily shall also be entitled to claim compensation for any damage incurred.
5. Privacy
Tattoo Daily has a Privacy and Cookies Statement in place to protect Users’ privacy. Click here to view our current Privacy and Cookies Statement, which also apply to the use of The Tattoo Daily Site.
6. Intellectual property
6.1 Adherence to national and international intellectual property law
Users agree not to submit, copy, resell, republish, or, in general, make available in any form whatsoever any content, data, information or item received from Tattoo Daily or available on The Tattoo Daily Site, to another individual or legal entity from any country. Users agree to adhere to the intellectual property provisions below.
6.2 Ownership of rights
All moral and patrimonial intellectual property rights relating to the content and information on The Tattoo Daily Site belong to Tattoo Daily, with the exception of third party rights, for which Tattoo Daily has obtained the necessary rights or licences.
The rights conferred on Users by using The Tattoo Daily Site and the services supplied by Tattoo Daily do not entail any licence of rights or permission to use or exploit any part of The Tattoo Daily Site.
6.3 Protection of all elements: trademarks, designs, logos, hyperlinks, information, etc.
All elements (brands, designs, texts, hyperlinks, logos, images, videos, sounds, software, screen lay-out, databases, codes etc.) in/on The Tattoo Daily Site and on associated sites are protected by national and international intellectual property law. These elements remain the sole property of Tattoo Daily and/or its licensors.
6.4 Prohibition on unauthorised use
Therefore, without prior written permission from Tattoo Daily and/or its partners, users may not reproduce, represent, republish, redistribute, adapt, translate and/or amend in part or in full, or transfer to another media, any information from The Tattoo Daily Site.
7. Limitations of liability
7.1 Warning
It is up to Users to make any checks that seem necessary or opportune before booking an appointment by one of the Artist listed on The Tattoo Daily Site.
Tattoo Daily offers no warranty whatsoever in relation with the Artist Content or the services and/or commercial practices of the third parties listed on The Tattoo Daily Site. Accordingly, Tattoo Daily does not warrant that Users will be satisfied with the products, services and/or business practices experienced following a reservation made through The Tattoo Daily Site.
Tattoo Daily offers no warranty in relation with the content, objectivity or accuracy of the User Content, including but not limited to the reviews posted by Users on The Tattoo Daily Site.
7.2 Modification of The Tattoo Daily Site
Given the interactivity of The Tattoo Daily Site, all information it contains is subject to change at any time, without this engaging the responsibility of Tattoo Daily.
7.3 Use of The Tattoo Daily Site
Due to the specific nature of the Internet, Tattoo Daily does not warrant uninterrupted access to The Tattoo Daily Site or service continuity, the only obligation of Tattoo Daily being one of reasonable endeavours in this respect.
Tattoo Daily shall not be liable for any failure to access The Tattoo Daily Site or for any damage or loss arising out of the use or inability to use The Tattoo Daily Site or its content, except as provided by law.
Tattoo Daily does not warrant that the information displayed is detailed, complete, verified or accurate. The Artist Content, information, restaurant pages and, in general, any content on The Tattoo Daily Site are provided "as is" without any express or implied warranties of any kind whatsoever.
Users generally accept and acknowledge that an appointment with an Artist is not guaranteed. Accordingly, Tattoo Daily does not guarantee the effectiveness of the reservation service. Availability is checked in real time via computer. However, as Tattoo Daily cannot physically verify the accuracy of the information collected and/or provided by the Artists, Users agree that Tattoo Daily cannot be held liable if Users fail to benefit from the services of the Artist. Indeed, the settings of the real-time booking software depend partly on the information provided and/or recorded by the Artist and may not correspond to reality. Thus, for example and without limitation, Users acknowledge and accept that Tattoo Daily is in no way liable if an appointment is cancelled, the establishment is closed (for whatever reason), or where any third party refuses to provide any service, for any reason whatsoever.
Similarly, Users accept that Tattoo Daily is in no way liable if Users fail to benefit from promotions or special offers proposed by an Artist. Users acknowledge and accept that Tattoo Daily is in no way liable in the event that an Artist does not honour a promotion or a special offer for any reason whatsoever.
7.4 Users warranties and indemnities
Users warrant that they are fully familiar with the features and limitations of the internet. In particular, they acknowledge that it is impossible to guarantee that the data sent by Users over the internet will be fully secure. Tattoo Daily cannot be held responsible for any incidents which could arise from this transmission of data.
Users agrees to indemnify Tattoo Daily against any liability, damage, expense, claim or cost, incurred by Tattoo Daily arising from any claim or dispute, in or out of court, in relation with the use of the services of Tattoo Daily, including the posting of User Content on The Tattoo Daily Site by Users.
In any case, Users explicitly acknowledge and agree to use The Tattoo Daily Site at their own risk and under their sole responsibility.
7.5 Notification and removal of illegal content
Any Users may give notice of a claim or objection relating to illicit elements or content posted on The Tattoo Daily Site.
If a User believes elements or content posted on The Tattoo Daily Site is illegal and/or in breach of their copyright, they must notify Tattoo Daily by registered letter with acknowledgment of receipt addressed to the "Legal Department" or by email to support@tattoodaily.io stating "For the attention of the Legal Department" in the subject line and including all available evidence to support ownership of the rights, if any. Once this procedure has been followed, and after the accuracy of the notice has been checked, Tattoo Daily shall endeavour to promptly remove the illicit content.
Tattoo Daily acts as an intermediary in the provision of its services to Users. Consequently and in accordance with Article 6:196c of the Dutch Civil Code (Burgerlijk Wetboek) related to Confidence in the Digital Economy, Tattoo Daily cannot be held criminally liable for the information stored on The Tattoo Daily Site if it did not have actual knowledge of the illegal activity or information (including User Content, Artist Content, etc.) or if, as soon as it became aware, prompt action was taken to remove such information or block access to it.
8. Other provisions
8.1 Severability - Dissociation - Titles
In the event that any provision of these Terms of Use are declared null and void, illegal, unenforceable or inapplicable, the validity, legality, enforceability or application of the other provisions of these Terms of Use shall in no way be affected or impaired, these other provisions remaining in force and retaining their full effect.
Tattoo Daily may proceed to draft a new clause with the effect of restoring the common will of the Parties as expressed in the initial clause, this in accordance with applicable law.
The titles of the articles herein are for illustrative purposes only and are not to be considered an integral part of these Terms of Use.
8.2 No waiver
Except as may be otherwise provided in these Terms of Use, the failure or delay by Tattoo Daily in exercising any of its rights or remedy under the terms these Terms of Use shall not constitute a waiver of the right or remedy or prevent any further exercising of the right or remedy. On the contrary, such right or remedy shall remain in full force and effect.
8.3 Applicable law
To the extent permitted by law, these Terms of Use and relationship between Tattoo Daily and Users are governed and interpreted in accordance with by Dutch law. To the extent permitted by law, where these Terms of Use have been drafted or translated into other languages, only the English version of these Terms of Use shall prevail.
8.4 Jurisdiction
To the extent permitted by law, any claim, dispute or matter arising under or in connection with these Terms of Use shall be dealt with by the competent courts of Amsterdam.
C. Artist terms of use when booking an appointment
This section applies to all users making an appointment with a tattoo artist through the Tattoo Daily platform. By booking an appointment, you agree to be bound by these terms. Please read these terms carefully before scheduling an appointment.
1. Deposit and Payment
The deposit paid prior to booking an appointment is non-refundable and expires if the client is physically present at the scheduled appointment or in the event of a no-show.
If the appointment results in the creation of a tattoo during appointment, the deposit amount (e.g., 50 euros) is deducted from the total cost of the tattoo.
2. Administrative Expenses
In addition to the deposit, the Artist may apply an administrative fee to cover associated costs, including but not limited to the use of The Tattoo Daily Site. This fee is non-refundable, regardless of the circumstances. Clients are responsible for the payment of this administrative fee, separate from the deposit.
3. Appointment Changes
Clients have the right to submit modification requests up to 7 days (168 hours) in advance of the scheduled appointment.
Changes requested within 7 days (168 hours) of the appointment are at the discretion of the artist.
4. No-Show Policy
Clients are expected to attend appointments as scheduled.
The artist reserves the right to charge a fee for no-shows, which may be deducted from the deposit or billed separately.
Repeated instances of no-shows may impact future appointments.
5. No-Show Damages
In the event of a no-show, the client acknowledges that the artist may seek compensation for any financial losses or damages incurred due to the missed appointment.
6. Intellectual Property
All shared photos and designs (Artist's Content) by the artist are the intellectual property of the artist and may not be shared with third parties without explicit permission.
Any drawings, designs, or other content shared by the client during communication for the purpose of creating a tattoo become part of the intellectual property of the artist once the tattoo is completed. This transformation is understood as a creative process wherein the artist adapts and applies the client's original work to a new medium, resulting in a unique piece that is considered the intellectual property of the artist. The client retains the right to the original content but acknowledges that the artist has the exclusive right to the tattoo as an artistic creation.
7. Price Determination
The cost of a tattoo is established at the discretion of the Artist. Several factors contribute to the determination of the price, including but not limited to the complexity of the design, popular demand of the specific style of the artist, type of tattoo, placement on the body, and the time spent on the artwork. The Artist reserves the right to consider a combination of these factors and any other relevant considerations when determining the final price.
It is customary that the price is determined after the completion of the tattoo. While the Artist can, upon request, provide an estimate, it's important to note that the exact cost may vary based on the actual time and effort invested in the artistic process. Clients acknowledge that receiving a tattoo is a creative endeavor, and as such, the final price is subject to the complexities of the artistic process. Any inquiries about the pricing of a specific tattoo should be directed to the Artist for clarification.
Clients agree that, once the tattoo is completed, the established price is final and binding. Clients further acknowledge that they will not dispute or complain about the price, especially in cases where no estimate was requested before the completion of the tattoo. Payment in full is expected upon completion of the tattoo, and clients affirm their commitment to fulfilling this obligation without objection.
8. General Terms
Clients have the right to request changes to the appointment up to 7 days (168 hours) in advance.
Changes within 7 days (168 hours) of the appointment require the artist's approval.
Clients acknowledge that the artist is not responsible for the meaning or spelling of symbols or texts provided by them.
The artist has a no-refund policy, and clients agree not to request refunds for any reason.
Clients agree to reimburse the artist for attorneys' fees and costs incurred if the artist is the prevailing party in any legal action initiated by the client.
Clients affirm that they have read, understood, and agreed to these terms.