Terms and Conditions

These Terms and Conditions are a legal agreement between you and Tattoo Healer Limited (we, or us) for your use of the Tattoo Healer software, platform(s), website(s), application(s) or services (TATTOO HEALER).  They explain how you are (and are not) allowed to use TATTOO HEALER, and our rights and responsibilities.

TATTOO HEALER is a service to connect potential customers with tattoo artists and to facilitate the provision of after-care plans by tattoo artists to customers.

We refer to you in these Terms and Conditions as you or user.  The definitions of the terms user, user content are given in the section titled “Definitions”.  Where we include word(s) in bold and in brackets after a description, we will then use those words to have the described meaning.  If we use a word in bold without defining it first, you can find the definitions at the end of these Terms and Conditions (see the section titled “Definitions”).  The numbering in these Terms and Conditions is provided for convenience only.  The entire document makes up the Terms and Conditions, whether or not it forms part of a numbered section.

Please read these Terms and Conditions carefully before using TATTOO HEALER.  In particular, you should note that these Terms and Conditions limit our liability (see the section titled “Our responsibility for loss or damage suffered by you”).

These Terms and Conditions refer to the following additional terms, which also apply to your use of TATTOO HEALER and which can all be found on the TATTOO HEALER website at www.tattoo-healer.com and app:

• Our Privacy Policy (see the section titled “How we may use your personal information”).
• Our Acceptable Use Policy, attached as Schedule 2, which sets out the permitted uses and prohibited uses of TATTOO HEALER. When using TATTOO HEALER, you must comply with this Acceptable Use Policy. This policy also sets out how we deal with illegal content.
• Our Cookie Policy, which sets out information about the cookies used by TATTOO HEALER.
• Our Data Processing Agreement, attached as Schedule 3, which sets out our roles and responsibilities in relation to any personal data you upload or input into TATTOO HEALER.
• If you downloaded and installed our mobile app from the Apple AppStore, Google Play or any other mobile app distribution platform, the ways in which you can use the app may also be controlled by the platform’s rules, terms and policies.

By accessing or using TATTOO HEALER, or by clicking “I agree” (or similar wording), you agree that you have read, understand and agree to these Terms and Conditions, our Privacy Policy, our Acceptable Use Policy, our Data Processing Agreement and the app distribution platform’s terms (if relevant). If you do not agree to any of these, you must not use TATTOO HEALER.

1          Your acceptance of these Terms and Conditions

1.1       ELIGIBILITY AND REGISTRATION

3.1       You must be at least 18 years old and legally capable of entering into a binding contract to use the TATTOO HEALER.  As a user of TATTOO HEALER, you accept these Terms and Conditions on behalf of yourself personally.

1.2       If you use TATTOO HEALER on behalf of a business or organisation, by so doing so you accept these Terms and Conditions on behalf of yourself personally and also on behalf of any legal entity that operates your business or organisation (the Organisation). All references to “you” or “user” in these Terms and Conditions refer to you personally and also to the Organisation. You hereby represent and warrant that you have authority to agree to these Terms and Conditions on behalf of the Organisation.

1.3       If you purchase a subscription which allows other users to use TATTOO HEALER:

1. you are responsible for ensuring that all persons who access TATTOO HEALER through your subscription are aware of these Terms and Conditions and other applicable terms, and that they comply with them; and
2. you shall be responsible for the actions of all users who access TATTOO HEALER via your subscription and for any breach of these Terms and Conditions and any other applicable terms by them.

2          We may update these Terms and Conditions

2.1       We may update these Terms and Conditions, our Privacy Policy, our Acceptable Use Policy, our Cookie Policy and/or our Data Processing Agreement from time to time to clarify them or to reflect changes to the law, or to TATTOO HEALER.  Every time you wish to use TATTOO HEALER, please check these Terms and Conditions to ensure you understand them.

2.2       If you do not agree to the updates, you must stop using TATTOO HEALER. If you continue to use TATTOO HEALER you agree that you have read, understand and agree to the updates.

3          Who we are

3.1       TATTOO HEALER is a trading name of TATTOO HEALER LIMITED.  We are a limited company registered in England and Wales under company number 16446139 and we have our registered office and main trading office at: 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ

3.2       To contact us, email us at support@tattoo-healer.com.

4          How we make TATTOO HEALER available to you

4.1       Any descriptions or illustrations of TATTOO HEALER on www.tattoo-healer.com or the Apple AppStore, Google Play or any other mobile app distribution platform are published for the sole purpose of giving an approximate idea of TATTOO HEALER. They will not form part of these Terms and Conditions or have any contractual force.

4.2       We do not guarantee that TATTOO HEALER will always be available or be uninterrupted.  We may amend, suspend or withdraw or restrict the availability of all or any part of TATTOO HEALER at any time.  For example, we may amend, suspend or withdraw or restrict the availability of all or any part of TATTOO HEALER to improve performance, enhance functionality, reflect changes to operating systems or address security issues.  If you are using our mobile app, we may ask you to update the app for these reasons.  If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.  We will try to give you reasonable notice of any major changes, where appropriate. 

4.3       TATTOO HEALER is not designed for use on all devices and systems.  We do not warrant that TATTOO HEALER will be compatible with your device or system. 

4.4       We may make some TATTOO HEALER functionality and features available for free, subject always to these Terms and Conditions. 

4.5       We may also provide options which allow you to purchase a monthly or annual subscription to allow you and your users to access certain content and services on TATTOO HEALER.

4.6       Where you purchase a subscription, you shall pay the Subscription Fees to us:

1. in accordance with the pricing information made available by us from time to time;
2. using the payment method or payment processor communicated to you by us from time to time;
3. where payments are processed by a third-party payment processor:
4. you must agree to the third party’s terms and conditions and provide all relevant co-operation and information in order to purchase a subscription; and
5. you acknowledge that the third party’s privacy policy shall apply.

4.7       If you provide your payment details to us (or a third-party payment processor) in relation to a subscription, you hereby authorise us to bill you:

1. at the start of the subscription for the Subscription Fees payable in respect of the initial subscription period; and
2. subject to clause 5.1, if you have an annual subscription, on each anniversary of the start of the subscription; and if you have a monthly subscription, on the same day of each month as the day on which you started your paid subscription for each month following the month your started your paid subscription, for the Subscription Fees payable in respect of the next subscription period;

4.8       If you cancel any payment, fail to make payment when it is due, or your payment is rejected, without prejudice to our other rights and remedies:

1. interest shall accrue on a daily basis on such due amounts at an annual rate equal to 4% over the then current base lending rate of our bankers in the UK from time to time, commencing on the due date and continuing until fully paid;
2. you will not be granted access to the relevant subscription unless/until payment is made. If this relates to an existing subscription, we may suspend your access to TATTOO HEALER (or the part which relates to the failed payment) until the relevant subscription has been paid for.

4.9       All amounts and fees stated or referred to in this agreement:

1. shall be payable in pounds sterling;
2. are, subject to clauses 5.4, 26.3 and 27.4, non-cancellable and non-refundable;
3. are exclusive of value added tax, which shall be added at the appropriate rate.

4.10     You can find a description of the available TATTOO HEALER subscriptions and the Subscription Fees at LINK.  

4.11     We shall be entitled to amend the Subscription Fees at any time upon written notice to you.  The changes shall take effect at the start of each new subscription period.

4.12     If you have any questions about any purchase or how your Subscription Fees have been calculated.
You can contact us at support@tattoo-healer.com.

4.13     Limitation of Use and disclaimer

4.13.1  We do not: (i) provide tattoo services; (ii) act as an agent, broker, or guarantor for any users who are tattoo artists; (iii) verify tattoo artists’ licences, qualifications, insurance or suitability; or (iv) provide medical or health services; or process bookings or payments.

4.13.2   Any engagement between you and another user in relation to obtaining a tattoo occurs outside the TATTOO HEALER. We are not a party to that contract.

4.13.3   TATTOO HEALER is provided for general information only and the tattoo aftercare functionality is provided for scheduling and reminder purposes only.  Please see Schedule 1 of these terms for further details of the aftercare functionality.  By using this app, you acknowledge and agree that it is intended solely for appointment scheduling and aftercare reminders.  It is not a medical device and is not intended to diagnose, treat, cure, or prevent any medical condition.  The app does not collect, analyse or interpret medical data, and no liability is accepted for any reliance placed on its content.  Other than instructional videos created by us the information and reminders supplied by the app are user content and are not provided by us.  The instructional videos and user content do not constitute medical advice and should not be relied upon as a substitute for professional medical care.  Always consult a qualified healthcare professional with any questions or concerns about your health or the healing of your tattoo.  If you experience signs of infection or other complications, seek medical attention immediately.  If you are a user who is a tattoo artist you are wholly responsible for the aftercare relationship with a user to whom you have given a tattoo and TATTOO HEALER has no responsibility for such aftercare.

5. Cancelling a subscription, Refunds

5.1       Where you have purchased a subscription the subscription period will automatically renew for a period of one year after the expiry of any relevant free-trial period and then again

5.2       You can cancel a subscription at any time via your account.  If you cancel a subscription you will continue to receive your current subscription until the end of the relevant subscription period, after which we may disable the relevant subscription at any time and without further notice to you.  If we do not disable the relevant subscription immediately, that will not mean that we have waived our right to do so.

5.3       If any Subscription Fees have not been paid at the termination of a subscription (e.g. for new users added, you will be charged for those outstanding Subscription Fees.

5.4       We do not generally issue refunds for subscriptions once you decide to purchase a paid TATTOO HEALER subscription. However, if you are a consumer in the UK, EU or Turkey and have signed up to a subscription and have not used the service and have changed your mind within 14 days you may be entitled to cancel your subscription and receive a refund. If you believe that this is the case, please contact us at support@tattoo-healer.com.

6          You must keep your account details safe

6.1       If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

6.2       We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms and Conditions.

6.3       If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@tattoo-healer.com.

7          You must co-operate with us in your use of TATTOO HEALER

7.1       You must cooperate with us in all matters relating to TATTOO HEALER so that we can continue to provide TATTOO HEALER and the benefits of the TATTOO HEALER community to you and other users.

7.2       You must provide us with such information and materials we may reasonably require in order to provide access to TATTOO HEALER (for example, if you are a tattoo artist, details of your licences and professional insurance), and ensure that such information is complete and accurate in all material respects. 

7.3       You are responsible for obtaining and maintaining all necessary licences, permissions and consents which may be required for your use of TATTOO HEALER.

7.4       You must comply with all applicable laws in your use of TATTOO HEALER.

7.5       If someone else owns device you are using, you must have the owner’s permission to install and use TATTOO HEALER on the device. You will be responsible for complying with these terms, whether or not you own the phone or other device

8          Licence to use TATTOO HEALER

8.1       We, or our licensors, are the owners or the licensee of all intellectual property rights arising out of or in connection with TATTOO HEALER (other than intellectual property rights in any user content provided by you). 

8.2       We grant you a non-exclusive, revocable licence to use any freely available parts of TATTOO HEALER on the basis of, and subject to, these Terms and Conditions.  Subject to you purchasing a subscription in accordance with clause 3.3 and clause 9.1, we grant you a non-exclusive, non-transferable right and licence, without the right to grant sublicences, to access and use TATTOO HEALER during the subscription period solely for: (i) in the case of customers or potential customers, your personal use; and (ii) in the caes of tattoo artists, your internal business operations on the basis of, and subject to, these Terms and Conditions.  We do not sell TATTOO HEALER to you.  

8.3       You may not sub-license, assign or otherwise transfer the rights granted in this clause 8.

8.4       You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any user content provided by you to us for the purpose of providing access to TATTOO HEALER to you.

8.5       You agree that we will own all intellectual property rights in any improvements, and that we may incorporate such improvements into TATTOO HEALER and make them available to other users.  The definition of improvements is given in the section titled “Definitions”.

8.6       To the extent that they do not automatically vest in us, you hereby assign to us (by way of present assignment of future rights where appropriate) absolutely with full title guarantee all your right, title and interest in and to the intellectual property rights in the improvements.

8.7       These Terms and Conditions shall not prevent us from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under these Terms and Conditions.

9          No bots, automated processes, text or data mining, or web scraping

9.1       You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to TATTOO HEALER. This includes using (or permitting, authorising or attempting the use of):

1. Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of TATTOO HEALER or any data, content, information or services accessed via the same.
2. Any automated analytical technique aimed at analysing text and data in digital form to generate information.

9.2       The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

9.3       You shall not use, and we do not consent to the use of, TATTOO HEALER, or any data published by, or contained in, or accessible via, TATTOO HEALER or any services provided via, or in relation to, TATTOO HEALER for the purposes of developing, training, fine-tuning or validating any AI system or model.

9.4       This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

10        We are not responsible for other websites or services

10.1     Where any part of TATTOO HEALER contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.  We have no control over the contents of those sites or resources.

11        User content is not approved by us

11.1     You may encounter user content on TATTOO HEALER. You should note that user content is not provided by us and has not been verified or approved by us, including details of licences, insurance or experience of users who are tattoo artists.  The views expressed by users on, or through their use of, TATTOO HEALER do not represent our views or values.

12        How to complain about or report content

12.1     If you become aware of any material on TATTOO HEALER that you think may be illegal content, otherwise against the law, or a breach of the TATTOO HEALER Acceptable Use Policy or these Terms and Conditions please contact us immediately on support@tattoo-healer.com.

13        You must comply with our content standards.  

13.1     Whenever you make use of a feature that allows you to upload user content to TATTOO HEALER, or to create user content on TATTOO HEALER, or to make contact with other users of TATTOO HEALER, you must comply with the content standards set out in the TATTOO HEALER Acceptable Use Policy e.g. complying with the law and making sure that you have permission to use any third party-owned material which you include in the user content. Please see the TATTOO HEALER Acceptable Use Policy for further information.

13.2     You warrant that any user content on TATTOO HEALER and your use of TATTOO HEALER does comply with the content standards and restrictions on use set out in the TATTOO HEALER Acceptable Use Policy, and you are liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

14        We may use your user content for the Services

14.1     You retain all of your ownership rights in your user content, but you are required to grant us and any other users of TATTOO HEALER to whom you grant or permit access to your user content (including by using any feature of TATTOO HEALER) a limited licence to use that user content in relation to the Services. 

14.2     The rights you license to us and to other users are described in the section titled “Rights to use user content”.

15        We may remove your user content

15.1     We may take action if user content which you upload to or create on TATTOO HEALER does not comply with these Terms and Conditions.

15.2     We have the right to remove any user content from TATTOO HEALER if we reasonably believe the user content is illegal, against the law, or otherwise does not comply with these Terms and Conditions, including the content standards set out in the TATTOO HEALER Acceptable Use Policy.

15.3     Where it is reasonably necessary to comply with our legal obligations, we also have the right to disclose your identity to:

1. any third party who is claiming that any user content which was uploaded or created by you is illegal or against the law or constitutes a violation of their legal rights, including intellectual property rights, and or of their right to privacy or any other legal right; and/or
2. any law enforcement agency, regulator or judicial authority (together with other information about your user content and use of our services).

15.4     We may suspend or ban you, or restrict your use of TATTOO HEALER if you upload or create any user content which is illegal, against the law or otherwise does not comply with these Terms and Conditions, including the content standards set out in the TATTOO HEALER Acceptable Use Policy.

15.5     If we suspend or ban you from using TATTOO HEALER, you are not permitted to use the Services or register again as a new user during the relevant period.

16        Your rights to claim against us

16.1     If we restrict access to any user content you upload to or create on TATTOO HEALER in a way that breaches these Terms and Conditions, you have a right to bring a claim against us for breach of contract.

16.2     If we suspend or ban you from using TATTOO HEALER in a way that breaches these Terms and Conditions, you have a right to bring a claim against us for breach of contract.

17        Rights to use user content

17.1     When you upload user content to, or create user content on TATTOO HEALER, you grant us the following rights to use that user content:

1. a worldwide, non-exclusive, royalty-free, sublicensable licence to display, modify and use the user content in connection with TATTOO HEALER; and
2. where you enable other TATTOO HEALER users (which may include, where relevant, the general public) to access and use the user content, a worldwide, non-exclusive, royalty-free licence to permit such users to display, modify and use the user content in any ways enabled by you.

17.2     The licences in this clause shall continue for as long as you permit the user content to remain on TATTOO HEALER.

18        Disputes with other users in relation to user content

18.1     If you choose to share user content with other users (whether or not this is via TATTOO HEALER) you do so at your own risk.  Where you make use of a feature or setting which allows other users to modify or otherwise use your user content, you do so at your own risk. We are not responsible for your decisions to share or not to share user content with other users and we shall not be liable to you for their use of the user content within the scope of the licence you grant under these Terms and Conditions. We are not responsible for the actions of any user in relation to your user content in breach of these Terms and Conditions.

18.2     If you choose to share user content with other users for them to use outside of any services provided by us, we are not involved in any licensing arrangements between you and those other users and you are solely responsible for determining, communicating and recording any licensing arrangements between you and those other users.

18.3     You indemnify us for any loss or damage we suffer if you, another user or a third-party complains to us, or brings a claim against us concerning any or all of:

1. the licensing arrangements for the use of user content outside of any services provided by us;
2. you inviting others to use TATTOO HEALER;
3. you sharing user content with them or with others (whether or not this is via TATTOO HEALER).

19        Security and export of user content

19.1     You are solely responsible for securing and backing up your content.

19.2     You are solely responsible for ensuring that you have exported any user content from the TATTOO HEALER prior to termination or expiry of your subscription.  Subject to our obligations under the Data Processing Agreement, we shall have no obligation to return any user content to you upon termination of your subscription.

20        We are not responsible for viruses and you must not introduce them

20.1     We do not guarantee that TATTOO HEALER will be secure or free from bugs or viruses.

20.2     You are responsible for configuring your information technology, computer programs and platform to access TATTOO HEALER. You should use your own virus protection software.

20.3     You must not misuse TATTOO HEALER by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to TATTOO HEALER, the servers or other infrastructure which are used by TATTOO HEALER. You must not attack TATTOO HEALER via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use TATTOO HEALER will cease immediately.

21        Linking and framing

21.1     You may link to TATTOO HEALER, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it; and otherwise complies with these Terms and Conditions and the TATTOO HEALER Acceptable Use Policy.  We reserve the right to withdraw linking permission without notice.

21.2     You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

21.3     TATTOO HEALER must not be framed on any other site or service.

21.4     You warrant that any link you create or share to TATTOO HEALER complies with the requirements of this clause, and you are liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

22        Restrictions on your use of TATTOO HEALER

22.1     You must not:

1. except as may be allowed by any applicable law which is incapable of exclusion by agreement between us and except to the extent we expressly permit:
2. attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the TATTOO HEALER Services in any form or media or by any means; or
3. attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of TATTOO HEALER; or
4. access all or any part of TATTOO HEALER in order to build a product or service which competes with TATTOO HEALER; or
5. subject to clause 30.1, license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make TATTOO HEALER available to any third party; or
6. attempt to obtain, or assist third parties in obtaining, access to TATTOO HEALER, other than as permitted under these Terms and Conditions; or
7. introduce or permit the introduction of, any Virus or Vulnerability into the Software or our network and information systems.

23        How we may use your personal information

23.1     If we process your personal information on behalf of another user, you should contact the other user with any questions or concerns about that processing.  In this situation, we act as a processor on behalf of that other user, who is the controller.  We have provided some further information on this in the TATTOO HEALER Privacy Policy.

23.2       We will process your personal information in accordance with the TATTOO HEALER Privacy Policy, the terms of which are incorporated into these Terms and Conditions.

23.3       If you use a third-party service to register for TATTOO HEALER and/or authenticate your identity, we will use and store the information provided by that service in order to set up and/or authenticate your access.

24        Data Protection

24.1     We and you each agree to comply with our obligations set out in the Data Processing Agreement, which is incorporated into these Terms and Conditions as Schedule 2.

25        Confidentiality

25.1     We and you each undertake that we will not at any time during your use of TATTOO HEALER, and for a period of five years after termination of your use of TATTOO HEALER disclose to any person any confidential information concerning one another’s business, affairs, customers, clients or suppliers, except as permitted by clause 25.2.

25.2      We each may disclose the other’s confidential information:

1. to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising our respective rights or carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 25; and
2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

25.3     We may use your confidential information for the purpose of providing TATTOO HEALER or as otherwise permitted by these Terms and Conditions. 

26        Indemnity

26.1     You shall defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of TATTOO HEALER, provided that:

1. we give you prompt notice of any such claim;
2. we provide reasonable co-operation to you in the defence and settlement of such claim, at your expense; and
3. you are given sole authority to defend or settle the claim.

26.2        We shall defend you against any claim that your use of TATTOO HEALER in accordance with these Terms and Conditions infringes any third-party United Kingdom intellectual property right, and we shall indemnify you for any amounts awarded against you in judgment or settlement of such claims, provided that:

1. you give us prompt notice of any such claim;
2. you do not make any admission, or otherwise attempt to compromise or settle the claim and you provide reasonable co-operation to us in the defence and settlement of such claim, at our expense; and
3. we are given sole authority to defend or settle the claim.

26.3        In the defence or settlement of any claim, we may procure the right for you to continue using TATTOO HEALER, replace or modify TATTOO HEALER so that it becomes non-infringing or, if such remedies are not reasonably available, terminate your subscription and this agreement without any additional liability or obligation to pay liquidated damages or other additional costs to you other than the refund the relevant portion of any Subscription Fees which have already been paid and which relate to the period following termination.

26.4     In no event shall we, our employees, agents and sub-contractors be liable to you to the extent that the alleged infringement is based on:

1. a modification of TATTOO HEALER by anyone other than us; or
2. your use of TATTOO HEALER in a manner contrary to the instructions given to you by us; or
3. your use of TATTOO HEALER after notice of the alleged or actual infringement from us or any appropriate authority; or
4. your user content; or
5. your breach of this agreement.

26.5     The foregoing and clause 27.4 state your sole and exclusive rights and remedies, and our (including our employees’, agents’ and sub-contractors’) entire obligations and liability, for infringement or alleged infringement of any third party intellectual property right by us.

27        Our responsibility for loss or damage suffered by you

YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.

27.1     The following definitions apply in this clause 13:

1. liability: every kind of liability arising under or in connection with this agreement including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise; and
2. default: any act or omission resulting in one party incurring liability to the other.

27.2     Except as expressly and specifically provided in these Terms and Conditions:

1. you assume sole responsibility for results obtained from your use of TATTOO HEALER, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to TATTOO HEALER in connection with the Services, or any actions taken by us at your direction;
2. we are not responsible for: (i) the acts or omissions of other users who are tattoo artists; (ii) any tattoo services you receive; and / or (iii) any adverse outcomes resulting from reliance on any aftercare content, including instructional videos and user content; and
3. the TATTOO HEALER Services are provided to you on an “as is” basis.

27.3     We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

27.4     Subject to clause 27.3, our total liability to you arising under or in connection with TATTOO HEALER, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the greater of £100 or 100% of the total Subscription Fees paid for your use of TATTOO HEALER during the period of 12 months prior to the event giving rise to the liability.

27.5     If you are a consumer user, we only provide TATTOO HEALER for domestic and private use. You agree not to use TATTOO HEALER for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

27.6     Subject to clause 27.3:

1. these Terms and Conditions set out the full extent of our obligations and liabilities in respect of TATTOO HEALER;
2. except as expressly stated in these Terms and Conditions, any condition, warranty, representation or other term which might otherwise be implied into, or incorporated in, these Terms and Conditions or any agreement for your use of TATTOO HEALER whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

27.7     This clause 27 will survive termination of your use of TATTOO HEALER.

28        Our responsibility for loss or damage suffered by business use

YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.

28.1     If you are using TATTOO HEALER for any commercial or business purposes, you will be deemed to be a business user under these Terms and Conditions.

28.2      If you are a business user:

1. We exclude all implied conditions, warranties, representations or other terms that may apply to TATTOO HEALER or any content on it; or
2. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
3. use of, or inability to use, TATTOO HEALER; or
4. use of or reliance on any content displayed on TATTOO HEALER.
5. In particular, we will not be liable for:
6. loss of profits, sales, business, or revenue;
7. business interruption;

iii.         loss of anticipated savings;

1. loss of use or corruption of software, data or information;
2. loss of business opportunity, goodwill or reputation; or
3. any indirect or consequential loss or damage.

28.3     This clause 28 will survive termination of your use of TATTOO HEALER.

29        Termination, consequences of termination and survival

29.1     Termination. Without limiting any of our other rights, we may suspend or terminate your access to and/or licence to use TATTOO HEALER with immediate effect by giving written notice to you if:

1. you commit a material breach of any term of these Terms and Conditions and (if such a breach is remediable) fail to remedy that breach within 14 days of you being notified in writing to do so; and/or
2. your subscription has expired or terminated for any reason.

29.2     Consequences of termination. If we suspend or terminate your access to TATTOO HEALER, then for the period of the suspension, or indefinitely for termination:

1. all rights granted to you under these Terms and Conditions shall cease; and
2. you must immediately cease all activities authorised by these Terms and Conditions.

29.3     Survival.  Any provision of these Terms and Conditions that expressly or by implication is intended to come into or continue in force on or after such termination, or after you cease using TATTOO HEALER, will remain in full force and effect.

30        Definitions

improvement means any improvement, enhancement or modifications to TATTOO HEALER whether following requests or feedback from you or suggestions made by us.

user means you, as a user of TATTOO HEALER (or another user, if implied by the context).   

user content means any data uploaded or inputted by or on behalf of you (or another user, if implied by the context), for the purpose of using TATTOO HEALER and any data created on, generated by, or derived from your use of TATTOO HEALER.

terrorist content means content which amounts to an offence set out in Schedule 5 of the Online Safety Act 2023, including encouragement of terrorism and dissemination of terrorist publications.

child sexual abuse material means content which amounts to an offence set out in Schedule 6 of the Online Safety Act 2023, including offences under the Sexual Offences Act 2003.

priority illegal content means terrorist content, child sexual abuse material and content which amounts to an offence set out in Schedule 7 of the Online Safety Act 2023, including human trafficking (including sex trafficking or other illegal exploitation), harassment and assisting suicide.

illegal content means priority illegal content and content which is a criminal offence of the type defined in section 59(5) and (6) of the Online Safety Act 2023 including modern slavery.

against the law means that the user content gives rise to some liability which is not covered by the definition of illegal content, e.g. copyright infringement and defamation.

Subscription Fees means the fees you pay to access any subscription.

31        General

31.1      Assignment and transfer

1. We may assign or transfer our rights and obligations under these Terms and Conditions to another entity.
2. You may only assign or transfer your rights or your obligations under these Terms and Conditions to another person if we agree in writing.

31.2     Waiver. If we do not insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.

31.3     Severance. Each paragraph of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

31.4     Entire agreement. These Terms and Conditions set out the entire agreement between you and us in relation to TATTOO HEALER. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in these Terms and Conditions.  These Terms and Conditions apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

31.5     Third party rights. The agreement for use of TATTOO HEALER is between you and us. No other person has any rights to enforce any of its terms.

31.6     Events outside our control.  We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by any act or event beyond our reasonable control (Event Outside Our Control).   If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms and Conditions:

1. we will contact you as soon as reasonably possible to notify you; and
2. our obligations under these Terms and Conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

31.7     Trade marks. “TATTOO HEALER” is a trade mark of TATTOO HEALER LIMITED. You are not permitted to use it without our approval.

31.8     Communications between us.  When we refer to “in writing” in these Terms and Conditions, this includes email.  The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.

31.9     Governing law and jurisdiction. These Terms and Conditions and your use of TATTOO HEALER is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with these Terms and Conditions and TATTOO HEALER to the exclusive jurisdiction of the English courts.