Terms of Service
1. Acceptance of Terms
By creating a profile, accessing, browsing and in any way using the services of Shade Software Ltd. (“Company”) (“Shade”) headquartered in Burnaby, BC, connecting tattoo artists (“Artists”) with tattoo clients (“Clients”), you agree to be bound by the following terms and conditions (“Terms of Service”). These Terms apply to all users of the Company’s services, including but not limited to Artists and Clients, and you are required to read, agree with and accept all of the terms and conditions contained in this document and other policies, including the Privacy Policy.
2. No Liability
a. Shade is a third-party platform that allows Clients to connect with Artists for the purpose of receiving tattoo services. The Company is not involved in the agreement between the Artists and Clients and has no involvement in the creation, consultation, or application of tattoos.
b. Shade shall not be responsible or liable, directly or indirectly, for any damage, injury or loss sustained by any Artist or Client resulting from the tattoo services received or provided by the Artist. Each Artist and Client agrees to not hold the Company responsible for any health complications, allergic reactions, infections, or any other issues that may arise from the tattooing process.
3. Client Due Diligence:
It is ultimately the client’s responsibility to verify the credentials and reputation of the Artist in accordance with regulations in place locally. For example in British Columbia, Canada, it is required for clients to verify the Artist’s Bloodborne Pathogens Certification.
4. No Financial Liability
a. Shade will not be held liable for any misconduct, fraud, or any other criminal actions in the payment transactions between the Artists and Clients. All disagreements, disputes, and criminal pursuits regarding financial transactions are solely between the Artists and Clients.
b. Shade will not be held liable for any loss, damage, claim, or action arising out of or in connection with any financial transactions that occur between Artists and Clients. Each Artist and Client is solely responsible for their financial transactions, and the Company will not be required to provide any refunds, compensations or bear any costs relating to the tattoo services.
5. Payment
a. When a Client makes a reservation/purchases a service made available through Shade, the Client may be asked to supply certain information relevant to the purchase including, without limitation, age, credit card number, the expiration date of the credit card, billing address, and, if relevant, any shipping information. Shade is not liable for the accuracy of this information.
b. Shade reserve the right to refuse or cancel the Client’s order at any time for certain reasons, including but not limited to Services’ availability, erroneous information, or if fraud or an unauthorized, illegal transaction is suspected. Shade cannot be held liable or responsible for any authorized, (allegedly) unauthorized or wrong charge by the Client or Artist including for pre‐paid services, no‐show and chargeable cancellation.
c. Upon making a reservation, the amount to be paid to the Artist will be charged by Shade on the Artist’s behalf on the Client’s credit/debit card or through a third party payment processor made available on Shade. The payment will be released to the Artist at the time of payment of the service(s).
6. Refunds in Limited Situations
a. In the event that the Client cancels the reservation, fails to appear at the agreed time (no‐show), raises complaints about the services provided by the Artist, or disputes the payment obligation, the above transaction fee remains applicable, and Shade is not obligated to refund the fee to the Client or the Artist.
b. Shade reserves the right, at its sole discretion, to offer a refund to Clients who have booked appointments with the Artist, if the Artist fails to show up for the appointment for the third consecutive time to do the tattoo. This refund condition applies only if there have been two previous instances of no‐shows from the Artist's side.
7. Indemnification
Each Artist and Client agrees to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to the use of the Company’s services (including negligent or wrongful conduct).
8. Modification of Terms
The Company reserves the right to change, modify, or revise these Terms of Service at any time. All changes will be effective immediately upon posting on the Company’s website. Your continued use of the services signifies your acceptance of such changes. It is your responsibility to review these Terms of Service periodically.
9. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the great province of British Columbia of Canada, without regard to its conflict of law principles.
10. Acknowledgement and Consent
By using the services of the Company, each Artist and Client acknowledges that they have read, understood, and agreed to be bound by these Terms of Service, and consents to hold the Company free from any liability, financial or otherwise, that may arise from the receipt or provision of tattoo services.
11. Mobile Application and Web Application Usage
a. Access and Use
The Company offers its services to the Clients via an application available on iOS and Android platforms (“Mobile Application”). Clients are required to download the Mobile Application to access the services. By downloading, installing, or using the Mobile Application, you agree to comply with all the Terms of Service and Privacy Policy.
The Company offers its services to Artists via a web application portal available on World Wide Web (“Web Application”). Artists are required to use the Web Application to access the services. By using the Web Application, you agree to comply with all the Terms of Service and Privacy Policy.
Our Services must not be used by individuals who are under age 18.
To add security to your Shade Account, ensure your password is intricate and private. All activities occurring on or via your Shade Account are your responsibility. Avoid using your Shade Account password for any other accounts or services. Notify us immediately if you discover any unauthorized access or use of your Shade Account or password.
b. Application License
Subject to your compliance with these Terms of Service, the Company grants Clients a limited, non-assignable, non-exclusive, non-transferable license to download, install, and use the Mobile Application on your personal device solely for your personal and non-commercial purposes.
Subject to your compliance with these Terms of Service, the Company grants Artists a limited, non-exclusive, non-transferable license to use the Web Application on your personal or work device solely for your commercial purposes.
c. Restrictions
You agree not to:
a.Use the Mobile Application for any illegal, criminal, or unauthorized purposes;
b.Use the Mobile Application or Web Application to harass or unlawfully access a person;
c.Use the Mobile Application or Web Application to post or promote hate speech;
d.Attempt to decompile, reverse engineer, disassemble or hack the Mobile Application or any part thereof;
e.Attempt to decompile, reverse engineer, disassemble or hack the Web Application or any part thereof;
f.Exploit any part of the Mobile Application for commercial purposes without the express consent of the Company;
g.Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
d. Updates and Changes
The Company reserves the right to update, modify, or terminate the Mobile Application or Web Application at any time without prior notice. Clients are encouraged to regularly check for updates to ensure optimal performance of the Mobile Application. The Company shall not be liable for any loss, damage, or inconvenience caused by your failure to download the most current version of the Mobile Application.
e. Platform Terms and Conditions
Additionally, users are required to comply with the applicable terms and conditions of the Apple App Store, Google Play, or any other platform through which the Mobile Application is downloaded and installed.
f. Cellular Data and Privacy Policy
Usage of the Mobile Application or Web Application may involve the transmission of cellular data. Users are responsible for all data charges incurred while using the Mobile Application. Users should also review the Company’s Privacy Policy to understand how data is collected, used, and protected.
g. Intellectual Property
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.
Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload, submit, store, send or receive content to or through our Services, such content and any processing of such content must be in compliance with these terms and applicable law.
Our Services display some content that is not Shade’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please do not assume that we do.
We reserve the right to continuously modify and enhance our Services. This includes adding or eliminating features and functionalities, or even discontinuing a Service entirely. You have the option to cease using our Services whenever you wish. Similarly, Shade holds the right to terminate your access to our Services or impose new restrictions at any given time. In the event of a Service termination, we may endeavor to provide you with prior notice at our sole discretion and when feasible. Additionally, we might offer you an opportunity to retrieve information from the discontinued Service, subject to our sole discretion.
13. Limitation of Liability
The Company shall not be held liable for any damage, loss, or inconvenience suffered as a result of the use, or inability to use, the Mobile Application, or Web Application except to the extent such liability cannot be excluded by applicable law.
By accessing or using the Mobile Application, or Web Application you confirm that you have read, understood, and agree to be bound by these Terms of Service and Privacy Policy, including this Mobile Application and Web Application Usage section, and you agree to comply with all applicable laws and regulations.