Terms of Service

These Terms of Service (“Terms”) govern your use of FlashBooker (the “Service”), operated by Day One Digital Marketing, LLC, a Pennsylvania limited liability company (“FlashBooker,” “we,” “us,” or “our”). By creating an account or using the Service you agree to these Terms. If you do not agree, do not use the Service.

1. Who these Terms apply to

FlashBooker is a booking and client-management tool for tattoo artists. The person or business that creates a FlashBooker account to manage bookings is the “Artist,” and is the party that contracts with us under these Terms. People who submit inquiries or book appointments through an Artist's public booking page are “Clients.” Clients are not parties to these Terms; their relationship for the tattoo appointment itself is directly with the Artist.

2. Eligibility

You must be at least 18 years old to create a FlashBooker account. By using the Service you represent that you are 18 or older and that you have the authority to enter into these Terms on behalf of yourself or any business you represent.

3. Accounts

You are responsible for the accuracy of the information you provide, for keeping your login credentials secure, and for all activity that occurs under your account. Notify us promptly at support@flashbooker.app if you suspect unauthorized access.

4. Fees and billing

Some features of the Service may be offered free of charge, while others may require a paid subscription. If we introduce paid features, applicable fees, billing intervals, and any free trial terms will be disclosed at the time you subscribe, and will be charged through the payment processor we designate. Fees are non-refundable except where required by law or expressly stated otherwise at the point of sale.

5. Content you submit

The Service allows Artists to upload content such as logos, page configurations, email templates, and completion photos, and allows Clients to submit inquiry information including names, contact details, descriptions, and reference images (collectively, “User Content”).

You retain ownership of your User Content. You grant FlashBooker a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, and transmit User Content solely as necessary to operate, provide, and improve the Service and to perform the tasks you direct us to perform (such as displaying a booking page, sending an email, or syncing to a calendar). This license ends when you delete the content or your account, except that we may retain copies as required for legal, backup, or security purposes.

You represent and warrant that (a) you own or have the necessary rights to submit the User Content, (b) the User Content does not violate any law or any third party's rights, and (c) in the case of Clients' personal information, the Artist has a lawful basis to collect and process it. Artists are responsible for their own use of Client data, including compliance with any applicable privacy laws and providing Clients with appropriate notices.

6. Acceptable use

You agree not to, and not to permit anyone to:

• use the Service for any unlawful, harmful, fraudulent, deceptive, or abusive purpose;
• upload or transmit content that is illegal, infringing, defamatory, harassing, or obscene, or that contains malware;
• send unsolicited commercial communications (spam) or violate any applicable anti-spam, telemarketing, or privacy law;
• attempt to probe, scan, reverse-engineer, decompile, or interfere with the Service or its underlying systems;
• scrape or harvest data from the Service, or use the Service to build a competing product;
• impersonate another person or misrepresent your affiliation;
• circumvent usage limits, access controls, or security measures.

7. Third-party services

The Service integrates with third parties at your direction, including for database and authentication, payments, email delivery, inbox and calendar sync, newsletter delivery, and scheduling. Your use of those integrations is also governed by the third party's own terms and privacy policy. We are not responsible for the availability, accuracy, or conduct of third-party services, and fees charged by those providers (for example, payment processing fees) are your responsibility where applicable.

8. Suspension and termination

You may close your account at any time from within the Service or by contacting us. We may suspend or terminate your access, with or without notice, if we reasonably believe you have violated these Terms, if required by law, or to protect the Service, other users, or third parties from harm. Upon termination, your right to use the Service ends. Sections of these Terms that by their nature should survive termination will survive, including Sections 5 (license you grant us), 9 (disclaimers), 10 (liability), 11 (indemnification), and 12 (disputes).

9. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT IT WILL MEET YOUR REQUIREMENTS. THE SERVICE IS A TOOL; WE ARE NOT A PARTY TO ANY AGREEMENT BETWEEN AN ARTIST AND A CLIENT, AND WE ARE NOT RESPONSIBLE FOR TATTOO WORK, SAFETY, OR THE OUTCOMES OF ANY APPOINTMENT.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE MAY NOT FULLY APPLY TO YOU.

11. Indemnification

You agree to defend, indemnify, and hold harmless FlashBooker and its officers, members, and employees from any claim, demand, loss, or expense (including reasonable attorneys' fees) arising out of or relating to (a) your User Content, (b) your use of the Service, (c) your violation of these Terms, or (d) your violation of any law or third-party right, including in an Artist's case any claim by a Client.

12. Dispute resolution; arbitration; class-action waiver

Please read this section carefully. It affects your legal rights.

You and FlashBooker agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a “Dispute”) will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual action in small-claims court, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent infringement of intellectual property rights or unauthorized access to the Service.

The arbitration will take place in Pennsylvania, or remotely by telephone or video where permitted. Judgment on the award may be entered in any court of competent jurisdiction.

Class-action waiver.YOU AND FLASHBOOKER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS.

Opt-out. You may opt out of this arbitration agreement within thirty (30) days of first accepting these Terms by emailing support@flashbooker.app with your full name, account email, and a clear statement that you wish to opt out. Opting out does not affect the remaining provisions of these Terms.

13. Governing law and venue

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws principles. For any matter not subject to arbitration, the parties submit to the exclusive jurisdiction of the state and federal courts located in Pennsylvania.

14. Changes to the Service or these Terms

We may modify, suspend, or discontinue features of the Service at any time. We may also update these Terms from time to time. If we make material changes we will update the “Last updated” date above and, where we consider it appropriate, provide additional notice (for example, by email or in-product). Your continued use of the Service after the changes take effect constitutes acceptance of the updated Terms.

15. Miscellaneous

These Terms are the entire agreement between you and FlashBooker regarding the Service. If any provision is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce any right is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets.

16. Contact

Day One Digital Marketing, LLC
Pennsylvania, United States
Email: support@flashbooker.app