Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you (individually or on behalf of your studio or business entity, "you" or "Customer") and TheBooks ("TheBooks," "we," "us," or "our"), governing your access to and use of the TheBooks platform and services ("Service") available at thebooks-app.com.

If you are entering into these Terms on behalf of a studio, business, or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not have such authority, or if you do not agree to these Terms, you may not use the Service.

2. Description of Service

TheBooks is a studio management platform designed for tattoo artists, studios, and body art professionals. The Service includes tools for:

• Client consent form creation, delivery, and secure storage
• Appointment scheduling and calendar management
• Artist and staff management within a studio
• Supply lot tracking and compliance recordkeeping
• Client communication and consultation management
• Business reporting and analytics

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time. We will provide reasonable notice for material changes that affect paid subscribers.

3. Account Registration

To access TheBooks, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your login credentials secure and confidential
• Immediately notify us of any unauthorized use of your account at support@thebooks-app.com
• Accept responsibility for all activity that occurs under your account

You must be at least 18 years old to create an account. Accounts may not be shared between multiple individuals without our express written consent.

4. Subscription and Payment

TheBooks offers subscription-based access. By subscribing, you authorize us (via our payment processor, Stripe) to charge your payment method on a recurring basis at the plan rate in effect at the time of each billing period.

• Billing cycle: Monthly or annual, as selected at time of purchase
• Price changes: We will notify active subscribers at least 30 days before any price increase takes effect
• Cancellation: You may cancel at any time. Your access continues through the end of the current billing period; no partial refunds are issued
• Failed payments: If a payment fails, we will attempt to retry. Access may be suspended after repeated payment failures

All fees are in US dollars and are non-refundable except as required by law or as expressly stated in these Terms.

5. Your Responsibilities

You are solely responsible for:

• Obtaining all necessary client consents required by applicable law before collecting and storing client data in TheBooks
• Ensuring your use of TheBooks complies with all applicable federal, state, and local laws and regulations, including health, privacy, and body art licensing requirements in your jurisdiction
• The accuracy of all information you enter into the platform, including consent forms, client records, and lot numbers
• Training your staff on the proper use of the platform
• Maintaining appropriate data backup procedures for your business records
• Complying with any guardian consent requirements for minor clients

TheBooks provides tools to assist with compliance — it is not a substitute for legal advice. Consult a qualified attorney regarding your specific regulatory obligations.

6. Acceptable Use

You agree not to use TheBooks to:

• Violate any applicable law or regulation
• Upload, store, or transmit any unlawful, harmful, or fraudulent content
• Attempt to gain unauthorized access to any part of the Service or other users' accounts
• Reverse engineer, decompile, or otherwise attempt to extract the source code of the platform
• Use the Service to store data unrelated to the legitimate operation of a tattoo or body art studio
• Resell or sublicense access to the Service without written authorization
• Introduce malware, viruses, or other harmful code
• Use automated tools to scrape or extract data from the platform

7. Client Data and Privacy

You retain ownership of all data you and your clients enter into TheBooks. As a studio, you are the data controller for your clients' personal information. TheBooks acts as a data processor on your behalf.

By using TheBooks to collect client information, you represent that:

• You have obtained all legally required consents to collect and store your clients' personal and health information
• You have provided clients with appropriate notice regarding how their data is stored and used
• You will honor any client requests to access, correct, or delete their personal information as required by applicable law

Our Privacy Policy describes how we handle your account data and studio information.

8. Intellectual Property

The TheBooks platform, including its software, design, features, and content, is owned by TheBooks and protected by intellectual property laws. These Terms do not grant you any ownership interest in the Service.

You retain all rights to the content you create and upload to the platform (consent form templates, client records, etc.). You grant TheBooks a limited license to store, process, and display that content solely to provide the Service to you.

9. Termination

Either party may terminate these Terms at any time:

• By you: Cancel your subscription at any time through your account settings
• By us: We may suspend or terminate your account immediately for material breach of these Terms, fraudulent activity, or non-payment. We will attempt to provide notice where feasible

Upon termination, your right to access the Service ceases. We will retain your data for 90 days after termination, during which you may request an export. Client consent records may be retained longer per our legal obligations and your configured retention settings. After the applicable retention period, your data will be deleted from our systems.

10. Disclaimer of Warranties

11. Limitation of Liability

12. Indemnification

You agree to indemnify, defend, and hold harmless TheBooks and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or third-party rights; or (d) any content you submit through the Service.

13. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the United States. Any dispute arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction.

14. Changes to These Terms

We reserve the right to modify these Terms at any time. For material changes, we will notify active subscribers by email at least 14 days in advance. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

15. Miscellaneous

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and TheBooks regarding the Service
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force
• Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right
• Assignment: You may not assign these Terms without our written consent. We may assign our rights and obligations freely

16. Contact

Questions about these Terms? Contact us:

TheBooks
Email: support@thebooks-app.com
Website: thebooks-app.com