Terms of Service
Last updated: March 15, 2026
1. Acceptance of Terms
Welcome to FreshInked, a marketplace operated by FreshInked ("FreshInked," "we," "us," or "our") that connects tattoo artists with prospective clients. By creating an account, accessing, or using the FreshInked mobile application or any related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms").
If you do not agree to these Terms, you must not access or use the Service. We reserve the right to update these Terms at any time. Continued use of the Service after changes are posted constitutes your acceptance of the revised Terms.
These Terms constitute a legally binding agreement between you and FreshInked. Please read them carefully before using FreshInked.
2. Account Registration
To access the full features of FreshInked you must create an account. When registering, you agree to:
- Provide accurate, current, and complete information about yourself.
- Maintain and promptly update your account information to keep it accurate.
- Keep your password secure and confidential; you are responsible for all activity that occurs under your account.
- Notify us immediately at [email protected] if you suspect unauthorized use of your account.
- Be at least 18 years of age, or the age of majority in your jurisdiction if higher.
You may not create an account on behalf of another person without their express authorization, or use an account that belongs to another user.
We may, at our sole discretion, refuse to register an account, suspend an existing account, or terminate an account for any reason, including violation of these Terms.
3. Artist & Client Roles
FreshInked has two primary user roles, each with distinct responsibilities:
Clients are users who browse artist profiles, view portfolios, and request booking consultations. Clients are responsible for providing accurate information about their tattoo requests, communicating respectfully with artists, and honoring any bookings or deposits they commit to.
Artists are independent tattoo professionals who create a storefront profile, upload portfolio images, set their own rates and deposit requirements, and manage bookings through the platform. Artists are solely responsible for:
- The quality and safety of their tattooing services.
- Compliance with all applicable local, state, and federal regulations, including health and safety permits and licensing requirements.
- Accurately representing their skills, availability, pricing, and studio conditions.
- Handling payment transactions directly with clients, except where FreshInked provides integrated payment tooling.
FreshInked is a discovery and communication platform, not a party to any service agreement between an artist and a client. FreshInked does not employ artists and artists are not agents of FreshInked.
4. Booking Policy
FreshInked facilitates the scheduling of tattoo consultations and appointments between artists and clients. The following terms apply to all bookings made through the Service:
- Requests: A booking request is not confirmed until the artist explicitly accepts it through the platform.
- Cancellations by Clients: Cancellation policies are set by each individual artist. Clients should review an artist's stated policy before submitting a booking request. Non-refundable deposit terms are set by the artist.
- Cancellations by Artists: Artists who routinely cancel accepted bookings may have their accounts reviewed or suspended.
- No-shows: Clients who repeatedly fail to attend confirmed appointments may be restricted from making future bookings.
- Communication: All booking-related communication should occur through FreshInked's in-app messaging to maintain a record and ensure both parties are protected.
FreshInked is not responsible for disputes arising from cancelled or missed appointments. We encourage all parties to communicate openly and in good faith.
5. Payments & Deposits
FreshInked currently serves as a discovery and communication platform. Payment processing for tattoo services is handled directly between artists and clients unless FreshInked explicitly provides an integrated payment feature within the app.
- Artists may require a deposit to secure a booking. Deposit amounts and refund conditions are determined solely by the artist.
- FreshInked is not responsible for disputes related to payments, refunds, or deposits made outside of any FreshInked-provided payment system.
- If FreshInked introduces integrated payments in the future, additional payment terms will apply and you will be notified accordingly.
- Artists are responsible for all applicable tax obligations arising from payments they receive for services rendered.
Always clarify deposit and cancellation terms with your artist before confirming a booking. FreshInked cannot mediate financial disputes that occur outside the platform.
6. Content & Portfolio Images
Your content: When you upload images, text, or other materials to FreshInked (collectively, "User Content"), you grant FreshInked a non-exclusive, worldwide, royalty-free license to store, display, and distribute that content solely for the purpose of operating the Service.
Ownership: You retain all ownership rights in your User Content. You represent and warrant that you have all necessary rights to upload the content and that it does not infringe any third-party intellectual property rights.
AI Content Moderation: Portfolio images uploaded by artists are automatically reviewed by an AI moderation system to detect and remove content that violates our policies. This includes explicit, violent, or otherwise prohibited content. We reserve the right to remove any image that fails moderation without prior notice.
Content standards: All User Content must:
- Not be sexually explicit, pornographic, or gratuitously graphic.
- Not depict or promote hatred, discrimination, or violence against any person or group.
- Not infringe any third party's copyright, trademark, privacy, or other rights.
- Not constitute spam, false advertising, or misleading information.
- Accurately represent your own work; artists may not post work that is not theirs.
We reserve the right to remove any User Content that we determine, in our sole discretion, violates these Terms or is otherwise harmful to the Service or its users.
7. Prohibited Conduct
You agree not to engage in any of the following conduct while using FreshInked:
- Harassing, threatening, or intimidating any other user.
- Creating fake, duplicate, or misleading accounts.
- Using the Service for any unlawful purpose or in violation of any applicable law or regulation.
- Attempting to circumvent, disable, or interfere with security features of the Service.
- Scraping, crawling, or otherwise extracting data from the Service without our express written permission.
- Introducing viruses, malware, or other harmful code.
- Manipulating or falsifying reviews or ratings.
- Soliciting clients or artists to transact outside the platform in a manner intended to defraud FreshInked.
- Impersonating any person or entity, including FreshInked staff or other users.
- Posting false, misleading, or defamatory information about other users or artists.
Violation of these prohibitions may result in immediate account suspension or termination and, where appropriate, referral to law enforcement.
8. Termination
You may delete your account at any time from the Settings screen within the app. Upon account deletion, we will remove your personal profile and associated data in accordance with our Privacy Policy.
We reserve the right to suspend or permanently terminate your access to the Service, with or without notice, for any reason, including but not limited to:
- Violation of these Terms or any applicable law.
- Conduct that is harmful to other users, third parties, or FreshInked.
- Extended periods of inactivity.
- Requests from law enforcement or regulatory bodies.
Upon termination, your right to use the Service ceases immediately. Sections of these Terms that by their nature should survive termination (including disclaimers, limitation of liability, and governing law) will continue to apply.
9. Disclaimers & Limitation of Liability
No warranty: The Service is provided "as is" and "as available" without any warranty of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be error-free, uninterrupted, or free from harmful components.
Artist services: FreshInked does not guarantee the quality, safety, or legality of tattoo services performed by artists listed on the platform. You engage with artists entirely at your own risk. Tattooing involves permanent body modification; always conduct your own due diligence before proceeding with any artist.
Limitation of liability: To the maximum extent permitted by applicable law, FreshInked and its officers, directors, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or other intangible losses, arising from:
- Your use of or inability to use the Service.
- Any conduct or content of any third party on the Service.
- Any tattoo services obtained through the platform.
- Unauthorized access to or use of our servers or any personal data stored therein.
In no event shall FreshInked's total aggregate liability exceed the greater of (a) the amount you paid to FreshInked in the twelve months preceding the claim, or (b) one hundred US dollars (USD $100).
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions.
Any dispute arising from or relating to these Terms or the Service shall be resolved exclusively through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.
You waive any right to participate in a class-action lawsuit or class-wide arbitration. If any provision of this section is found unenforceable, the remaining provisions shall remain in full force and effect.