Terms of Service

1. Acceptance of Terms

By accessing or using WithDerma ("Service," "Platform," "we," "us," or "our"), you agree to be bound by these Terms of Service. If you do not agree to these terms, you may not use our services. These terms apply to all users, including tattoo studio owners, artists, and clients making payments.

2. Description of Service

WithDerma provides a comprehensive business management platform for tattoo studios and artists, including:

• Payment processing for tattoo services and deposits
• Client relationship management and appointment scheduling
• Calendar integration with Google Calendar
• Inventory tracking for studio supplies
• Commission splits and artist payout management
• Receipt generation and transaction history

3. Account Eligibility and Registration

3.1 Eligibility

To use WithDerma, you must:

• Be at least 18 years of age
• Have the legal authority to enter into this agreement
• Operate a legitimate tattoo business or be affiliated with one
• Provide accurate and complete registration information
• Comply with all applicable laws and regulations in your jurisdiction

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized access or security breach.

3.3 Studio Accounts

Studio owners can invite artists to join their studio. Each studio operates independently with its own settings, commission rates, and client data. You may only be a member of one studio at a time.

4. Payment Terms

4.1 Payment Processing

All payment processing is handled by our third-party payment partner, Finix. By using our payment features, you agree to:

• Provide accurate payment information
• Authorize us to charge the specified amount
• Comply with Finix's terms of service and acceptable use policies
• Pay any applicable payment processing fees

4.2 Payment Methods

We accept credit cards, debit cards, and ACH bank transfers through Finix's secure payment forms. Payment card data is collected directly by Finix and never stored on WithDerma servers.

4.3 Fees and Charges

• Platform Fees: WithDerma does not charge platform fees or subscription fees
• Payment Processing Fees: Standard payment processing fees apply (typically 2.9% + $0.30 per transaction)
• Fee Passthrough: Studios may choose to pass processing fees to clients at checkout
• Chargeback Fees: If a payment is disputed, you may be subject to chargeback fees as determined by the payment processor

4.4 Payouts

Studios and artists will receive payouts according to their configured payout schedules. Payout timing depends on payment method, bank processing times, and verification requirements. Commission splits are applied automatically based on studio settings.

4.5 Refunds and Cancellations

Refund policies are set by individual studios. All refund requests must be directed to the studio that provided the service. WithDerma can facilitate refunds through our system, but final decisions rest with the studio. Processing fees are generally non-refundable.

5. Acceptable Use Policy

5.1 Permitted Uses

You may use WithDerma solely for lawful business purposes related to providing tattoo services, managing client relationships, and processing legitimate payments for services rendered.

5.2 Prohibited Activities

You agree not to:

• Use the service for any illegal purposes or in violation of any laws
• Engage in fraudulent transactions or money laundering
• Process payments for prohibited goods or services
• Violate the intellectual property rights of others
• Attempt to gain unauthorized access to our systems or other users' accounts
• Transmit malware, viruses, or harmful code
• Harass, abuse, or harm other users
• Scrape or harvest data from the platform without permission
• Circumvent security measures or authentication mechanisms
• Impersonate another person or entity

6. Third-Party Services

6.1 Payment Processing

Finix provides payment processing services. Your use of payment features is subject to Finix's terms of service. We are not responsible for Finix's actions or any issues arising from their services.

6.2 Google Calendar Integration

If you connect Google Calendar, you authorize WithDerma to access your calendar data to sync appointments. Your use of Google services is governed by Google's terms of service and privacy policy.

6.3 Other Integrations

We may offer additional third-party integrations. You are responsible for reviewing and agreeing to the terms of any third-party services you choose to use through our platform.

7. Intellectual Property

7.1 Our Property

WithDerma and all related trademarks, logos, graphics, and content are owned by us or our licensors. You may not use our intellectual property without written permission.

7.2 Your Content

You retain ownership of any content you upload to WithDerma (client data, appointment notes, images). By using our service, you grant us a license to use this content solely to provide services to you.

7.3 Feedback

If you provide feedback, suggestions, or ideas about our service, you grant us the right to use that feedback without compensation or attribution.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the service will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy or reliability of any information obtained through the service

We do not guarantee that payment processing will always be successful or that funds will be available immediately. Some transactions may be delayed or declined by payment processors or banks.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WITHDERMA SHALL NOT BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from your use or inability to use the service
• Damages related to payment processing errors, delays, or failures
• Damages caused by third-party services (including Finix and Google)

IN ANY EVENT, OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT OF FEES YOU PAID TO US IN THE PAST 12 MONTHS.

10. Indemnification

You agree to indemnify, defend, and hold harmless WithDerma, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the service
• Your violation of these terms
• Your violation of any laws or regulations
• Your violation of the rights of any third party
• Disputes with your clients regarding services or payments

11. Dispute Resolution

11.1 Payment Disputes

If a client disputes a payment (chargeback), you are responsible for responding to the dispute with appropriate evidence. We will assist by providing transaction records, but the final decision rests with the payment processor and issuing bank.

11.2 User Disputes

Disputes between users (studios, artists, clients) should be resolved directly between the parties. We are not responsible for mediating or resolving user disputes.

11.3 Arbitration

Any dispute with WithDerma that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You waive the right to participate in class action lawsuits.

12. Account Termination

12.1 Termination by You

You may close your account at any time through your account settings. Upon termination, you will no longer have access to the platform, but we may retain certain data as required by law or our data retention policies.

12.2 Termination by Us

We reserve the right to suspend or terminate your account at any time for:

• Violation of these terms
• Fraudulent or illegal activity
• Excessive chargebacks or payment disputes
• Failure to comply with payment processor requirements
• Any reason at our sole discretion, with or without notice

12.3 Effect of Termination

Upon termination, your right to use the service immediately ceases. We will process any pending payouts but may hold funds if there are unresolved disputes or compliance issues.

13. Data and Privacy

Your use of WithDerma is subject to our Privacy Policy, which explains how we collect, use, and protect your information. By using our service, you consent to our data practices as described in the Privacy Policy.

14. Modifications to Service and Terms

14.1 Service Changes

We may modify, suspend, or discontinue any aspect of the service at any time without liability. We may also impose limits on certain features or restrict access to parts of the service.

14.2 Terms Changes

We reserve the right to update these Terms of Service at any time. Material changes will be communicated via email or a prominent notice on the platform. Continued use after changes constitutes acceptance of the updated terms.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal action related to these terms must be brought in the federal or state courts located in San Francisco, California.

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and WithDerma regarding use of the service.

16.2 Severability

If any provision of these terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these terms shall not constitute a waiver of that right or provision.

16.4 Assignment

You may not assign or transfer these terms or your account without our written consent. We may assign these terms to any affiliate or successor without restriction.

16.5 Force Majeure

We shall not be liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, or strikes.

17. Contact Information

If you have questions about these Terms of Service, please contact us: