Terms & Conditions of Use

Effective Date: May 28, 2024

When you use any NonVoid or The Commons Good Inc. products or services, you are agreeing to these latest Terms and Conditions of Service (“Terms”).

These Terms and Conditions (“Terms”) govern your access to and use of our web application platform (the “Services” or “Platform”), which allows tattoo artist merchants (“Merchants”) to accept bookings from their clients (“Clients”). By using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Platform. Violation of these terms may, at our discretion, result in us terminating your account.

We may update these Terms of Service at any time. If we make significant changes, we will refresh the date at the top of this page.

Acceptance of Terms

By accessing or using our Platform, you agree to comply with and be bound by these Terms, as well as our Privacy Policy, which is incorporated by reference. If you are using the Platform on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

Accounts

2.1 Account Creation:

To use certain features of the Platform, you must create an account and provide accurate and complete information.

2.2 Account Responsibilities:

You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

Bookings and Deposits

3.1 Booking Appointments:

All appointment bookings made via our Platform are between the Merchant and the Client. We are not a party to these contracts and do not take responsibility for any services promised or rendered.

3.2 Deposits:

Our Platform collects deposit fees on behalf of the Merchant. The currency of the deposit fee, and any related Platform Fees, is determined by the country of the payment processing account (Stripe account) of the Merchant. Unless otherwise specified by the Merchant, all deposits for a service are non-refundable to the Client. It is the Merchant's responsibility to inform Clients of their refund policies.

Platform Fees

4.1 Service Fees:

Our Platform collects service fees (“Platform Fees”) for the booking services provided by our website. These fees may vary depending on the Merchant and the nature of the booking.

4.2 Non-Refundable Fees:

Platform Fees are non-refundable.

Copyright and Content Ownership

All content posted on the Platform must comply with Canadian and U.S. copyright law.

We do not pre-screen content, but we reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.

By submitting content to the Platform, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, and display such content for the purpose of operating, promoting and improving the Platform.

You agree not to submit any content that is illegal, harmful, or violates the rights of others. You agree not to submit any content for which you do not own the intellectual property. We reserve the right to remove any content that we deem inappropriate. Violation of these content terms may, at our discretion, result in us terminating your account.

The Company or its licensors own all right, title, and interest in and to the Services, including all intellectual property rights therein, and you obtain no ownership rights in the Services as a result of your use. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company's logos or any Service logos for promotional purposes. Please email us requests to use logos. We reserve the right to rescind any permissions if you violate these Terms.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission of the Company.

Subscription Plans

6.1 Sign-Up:

Users may sign up for subscription plans to access additional features of the Platform. The terms of each subscription plan, including fees and billing cycles, will be provided at the time of sign-up.

6.2 Cancellation:

Users may cancel their subscription plans at any time, subject to the terms and conditions of the specific plan.

Disclaimer of Warranties

Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. We disclaim all warranties, whether express or implied, including the warranties of merchantability and fitness for a particular purpose. We do not offer service-level agreements, but do take uptime of our applications seriously.

Limitation of Liability

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use of or inability to use the Platform; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the Platform; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Platform by any third party; or (e) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Platform.

Indemnification

You agree to indemnify and hold harmless NonVoid, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Platform, or your violation of these Terms.

Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law provisions.

Contact Us

If you have any questions about these Terms, please contact our support team.

By using the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms.