Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) govern your use of the websites, software platforms, products, and services offered by Painless Booking, Certified Tattoo Studios, and The Tattoo Agency (collectively, the “Company,” “we,” “us,” “our,” or “Services”). By accessing or using the Services, you agree to be bound by these Terms.

If you do not agree, do not use the Services.

2. Covered Entities

This Agreement applies to products and services offered under:

• Painless Booking (CRM, calendar, marketing automation, booking platform)
• Certified Tattoo Studios (studio service locations)
• The Tattoo Agency (artist network, affiliate program, marketplace)
• Certified Flash and related tattoo design and booking tools (including AI tools where offered)

These services are operated by CERCUS LLC and affiliated entities.

3. Eligibility and Accounts

• You must be 18+ and able to enter a contract.
• You are responsible for maintaining the confidentiality of your login credentials.
• You are responsible for activity on your account.

4. Services

We provide booking, CRM, automation, messaging, and related tools for tattoo artists and studios, and may include AI-powered features. We may modify or discontinue any part of the Services at any time.

5. Subscriptions, Billing, Credits

• Subscriptions may be monthly or annual depending on your plan.
• Any credit-based features (if offered) are non-refundable and non-transferable unless required by law.
• Payments are processed by third-party payment processors.
• Cancellation takes effect at the end of the current billing period unless stated otherwise at checkout.

Refunds are governed by our Refund Policy. If there is a conflict, the Refund Policy and these Terms control.

6. Acceptable Use

You agree not to:

• Use the Services to violate laws or regulations
• Reverse-engineer, exploit, or interfere with the Services
• Share paid content or login credentials without permission
• Send spam, harass, mislead, or abuse users
• Generate, upload, or distribute illegal, hateful, or harmful content

Violations may result in suspension or termination without refund.

7. User Content and Responsibility

You are solely responsible for all content you create, upload, generate, or distribute using the Services, including designs, messages, promotions, booking communications, and client data you input.

You agree you have the rights and permissions needed to use any content you upload. We are not responsible for disputes between you and your clients, or for your business decisions.

8. Intellectual Property

The Services, software, branding, templates, systems, and content are owned by the Company or its licensors and are protected by law.

If AI-generated designs are offered, you may use designs you generate for personal or commercial tattoo purposes unless stated otherwise. We may feature anonymized examples, case studies, or testimonials unless you opt out in writing.

9. Independent Contractor Relationship

If you are a tattoo artist or shop using the Services:

• You are not an employee of the Company.
• We do not guarantee clients, income, or results.
• You are responsible for licensure, taxes, policies, and service quality.

10. No Professional Advice

The Services, including any AI-generated content and business tools, are provided for informational and operational purposes only. They do not constitute legal, financial, tax, medical, or professional advice.

11. Privacy

Our Privacy Policy explains how we collect and use information. By using the Services, you consent to our data practices as described there.

12. Limitation of Liability

To the fullest extent permitted by law, the Company is not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption.

Our total liability for any claim is limited to the amount you paid to the Company in the six (6) months prior to the event giving rise to the claim, unless a different limit is required by law.

13. Termination

We may suspend or terminate access to the Services at our discretion for violations, suspected fraud, or misuse.

14. Force Majeure

We are not liable for any failure or delay due to causes beyond our reasonable control, including internet outages, hosting failures, payment processor disruptions, acts of God, governmental actions, labor disputes, or third-party platform failures.

15. Governing Law and Venue (Colorado)

These Terms are governed by the laws of the State of Colorado, without regard to conflict of law rules. Any court proceedings (if permitted under the Arbitration section below) must be brought in state or federal courts located in Colorado, and you consent to jurisdiction and venue there.

16. Arbitration and Class Action Waiver

Any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration on an individual basis. You and the Company waive the right to a trial by jury and waive the right to participate in a class action, class arbitration, or representative proceeding.

Arbitration will be conducted in Colorado unless the parties agree otherwise, and will be administered under applicable arbitration rules. Either party may seek injunctive relief in court for misuse of intellectual property or unauthorized access.

17. Changes to Terms

We may update these Terms. Continued use of the Services after changes are posted means you accept the updated Terms.

18. Contact

CERCUS LLC dba Painless Booking
Email: support@painlessbooking.com
Website: PainlessBooking.com