Terms of Service

Last updated: October 3, 2025

Introduction

GuestSpot Terms of Service

Welcome to GuestSpot ("GuestSpot," "we," "us," "our"). GuestSpot is a digital platform and marketplace where tattoo shops, artists, suppliers, and clients (together, "Users") can connect, book services, buy products, and manage their professional tattoo experiences.

These Terms of Service (these "Terms") are a binding legal agreement between you and GuestSpot LLC. By creating an account, booking or selling through GuestSpot, or otherwise using the GuestSpot platform or services (collectively, the "Service"), you agree to these Terms and to our User Agreement (which explains how we handle your personal data). If you do not agree, please do not use GuestSpot.

Note: Section 15 of these Terms contains an arbitration agreement and class action waiver that require most disputes between you and GuestSpot to be resolved through binding arbitration on an individual basis, rather than in court. You may opt out of that arbitration agreement by following the instructions in Section 15. Please read these Terms carefully before using GuestSpot.

1. Eligibility

  • Age Requirement: You must be 18 years or older, or the age of legal majority in your jurisdiction of residence, whichever is higher. GuestSpot is not for minors. No one under 18 may create an account or use the Service, and no account may be created on behalf of a minor.
  • Legal Capacity: You must have the legal capacity to enter into a binding contract. By agreeing to these Terms, you represent that you have the authority and capacity to do so.
  • Suspended or Banned Users: Users who have been previously suspended or terminated by GuestSpot are not permitted to re-register without our express written permission.
  • Location Limits: The Service (or some features of it) may not be available in all countries or regions. We may restrict access in certain locations in order to comply with local laws or due to business considerations. If you are accessing GuestSpot from outside our primary supported countries, you do so at your own risk and are responsible for following your local laws.

2. GuestSpot's Role

  • Marketplace Platform – Not a Provider: GuestSpot facilitates connections and transactions between Users. We are not a tattoo service provider, artist, supplier, or employer. The GuestSpot platform provides tools for Providers and clients to find each other and make arrangements, but GuestSpot itself does not perform tattoo services or sell products.
  • Independent Providers: Tattoo shops, artists, and suppliers (collectively, "Providers") who use GuestSpot are independent businesses. They are not employees, agents, joint venturers, or partners of GuestSpot. GuestSpot does not direct or control how Providers operate, and Providers are solely responsible for obtaining any licenses, following all applicable laws and regulations, maintaining insurance if required, and for the quality and outcome of the services or products they provide. GuestSpot does not guarantee that any Provider has all required authorization or insurance; however, Providers agree to maintain all necessary licenses and credentials.
  • No Endorsements or Guarantees: GuestSpot does not endorse any particular Provider or user. We do not guarantee:
    • the availability, safety, or quality of any services or products obtained through GuestSpot;
    • the qualifications, credentials, or expertise of any Provider;
    • the truth or accuracy of any listings, profiles, ratings, reviews, or other content provided by Users.

    You acknowledge that any booking or purchase is made at your own risk. Clients should use their own judgment and, if necessary, conduct additional research about a Provider (such as viewing portfolios, reviews, or consulting third-party resources) before booking.

  • No Medical Advice or Warranty: Tattooing carries inherent risks. While GuestSpot may provide general information (for example, about aftercare) or facilitate communication, we do not provide medical or professional advice. Any information on our platform is for general informational purposes only and is not a substitute for professional medical advice. GuestSpot makes no warranty that a tattoo or product will achieve a certain result or meet your health needs. Always consult a healthcare professional for medical concerns related to tattooing (for example, allergies or infections).
  • Release of Liability Between Users: GuestSpot is not a party to any service contract or transaction between clients and Providers. To the fullest extent permitted by law, you release GuestSpot from any claims, demands, or damages arising out of disputes you have with any other User (including any injury, loss, or harm incurred from a tattoo or product). Section 11 (Disputes Between Users) further addresses this.

3. Accounts & User Responsibilities

  • Account Registration: When you sign up, you agree to provide complete, accurate, and truthful information about yourself and to keep that information up-to-date. This includes your name, contact information, age, and for Providers, any business or licensing information required. Providing false information or impersonating someone else is prohibited.
  • One Account Rule: Each person or business entity may maintain only one GuestSpot account, unless we approve additional accounts in writing. You may not create an account for anyone else or transfer your account to someone else without our consent.
  • Account Security: You are responsible for maintaining the confidentiality of your login credentials. Do not share your password or give others access to your account. You are liable for all activity that occurs under your account, whether or not you authorized it. If you suspect any unauthorized use of your account or a security breach, notify us immediately at support@getguestspot.com.
  • No Minors: Accounts may not be created by or for individuals under 18. If we discover an account is associated with a minor, we will terminate it. Parents or guardians are also not permitted to create accounts on behalf of minors.
  • Professional Use by Providers: If you are registering as a Provider (tattoo shop, artist, or supplier), you additionally agree to:
    • Provide accurate details about your business (such as correct shop name, address, contact information), hours of operation, pricing of services or products, and any descriptions or photos representing your work.
    • Upload and maintain any compliance documentation required by law (for example, health department certificates or business licenses) if requested by GuestSpot or required in your jurisdiction.
    • Ensure that any content you post (portfolio images, product listings, and similar content) is accurate, not misleading, and does not violate any third-party rights.
  • Taxes and Legal Compliance: Providers are solely responsible for understanding and complying with all tax obligations (income tax, sales tax, VAT, and similar obligations) arising from their use of GuestSpot. GuestSpot does not withhold taxes from payouts. Providers must also comply with all laws and regulations applicable to their services or products (such as age restrictions on tattoos, local health and safety regulations, product safety standards, and consumer protection laws). You agree not to use GuestSpot to violate any law or regulation.

4. Community Standards and Prohibited Conduct

We want GuestSpot to be a safe, inclusive, and professional environment. By using the Service, you agree to conduct yourself civilly and lawfully. You will not:

  • Harass or Abuse: Engage in harassment, hate speech, threats, bullying, stalking, or any form of abusive or intimidating behavior toward anyone. This includes slurs, derogatory remarks, or any content that is discriminatory based on race, ethnicity, national origin, religion, gender, sexual orientation, disability, or other protected characteristics.
  • Post Prohibited Content: Post or upload any content that is illegal or encourages illegal activity, is defamatory, false, or misleading, is pornographic, obscene, or sexually explicit (artistic tattoo portfolio nudity may be allowed if tasteful and consensual, subject to local laws, but sexually exploitative imagery is forbidden), depicts or incites graphic violence or self-harm, or contains viruses, malware, or any harmful code.
  • Discriminate or Hate: Share content or engage in conduct that is hateful or promotes violence or discrimination against any group or individual.
  • Engage in Fraud or Misrepresentation: Defraud others on GuestSpot, misrepresent your identity or services, make false claims about your qualifications or products, or engage in scams (such as taking payments without intending to provide the service or product).
  • Circumvent Platform Fees or Processes: Attempt to circumvent GuestSpot's payment system or fees. You will not solicit or accept bookings or payments outside of GuestSpot for first contacts made through the platform. Providers should not request or encourage this. Such actions may result in account termination.
  • Spam or Exploit the Platform: Scrape data from GuestSpot, use bots or automated systems to send messages or requests, spam other users with unsolicited offers or promotions, or otherwise interfere with the normal functioning of the platform. Hacking, data mining, or unauthorized access to our systems is strictly prohibited.
  • Violate Others' Rights: Upload content that infringes anyone's intellectual property or privacy rights. Do not use images, music, logos, or designs you do not have permission to use, and do not post personal data about others without consent.
  • Bypass Security: Probe, scan, or test the vulnerability of any GuestSpot system or network, breach security or authentication measures, or decrypt any transmissions to or from the servers running the Service.

Enforcement: Violation of these Community Standards can result in removal of content, warnings, suspension, or termination of your account, at GuestSpot's sole discretion. Serious violations (such as unlawful activity or threats of harm) may be reported to law enforcement. GuestSpot reserves the right (but is not obligated) to monitor, screen, or remove any user content or activity on the platform that, in our judgment, violates these Terms or applicable laws.

5. Payments & Fees

GuestSpot facilitates payments between Clients and Providers for appointments and product purchases through our third-party payment processors. By making or receiving payments via GuestSpot, you agree to the following terms:

  • Payment Processor: GuestSpot uses third-party payment processors (such as Stripe) to handle financial transactions. When you provide payment information or bank details on GuestSpot, you are agreeing to the payment processor's terms of service. These processors are independent from GuestSpot. We do not store full payment card details on our servers, and payments must be made through the GuestSpot platform; outside payment arrangements for initial deposits or purchases violate these Terms.
  • Client Charges (Booking Deposits & Platform Fee): When a client books a tattoo appointment or other service via GuestSpot, the client will pay the deposit amount set by the Provider for that appointment (the deposit goes toward the total cost of the service) plus a 5% GuestSpot platform fee calculated on the deposit. For example, if a Provider sets a $200 deposit, the client will pay $200 plus $10 (the 5% fee), totaling $210 at checkout.
  • Provider Payouts: Providers receive 100% of the deposit amount. GuestSpot never takes a commission from the Provider's deposit or earnings. The 5% fee paid by the client is kept by GuestSpot (or our payment processor) to cover platform costs and processing fees. Payouts to Providers are processed through the payment system to the bank account or payout method on file. Providers must ensure their payout information is accurate and up-to-date. GuestSpot is not responsible for lost payouts due to incorrect information.
  • Non-Refundable Service Fee: The 5% GuestSpot Fee is non-refundable once charged, except as may be required by law. This fee is earned by GuestSpot at the time of booking for facilitating the transaction. Even if an appointment is canceled (by either party), or a product is returned, this 5% fee generally will not be returned to the client (see Section 6 for cancellation scenarios and the rare goodwill exception).
  • Payment Authorization: By entering your payment details and confirming a booking or purchase, you authorize GuestSpot (via the payment processor) to charge your selected payment method for the amounts described. If any payment is not successfully settled (due to expiration, insufficient funds, or otherwise), we may suspend or cancel the transaction. It is your responsibility to resolve any payment issues and ensure we receive the funds owed.
  • Receipts and Charges: After a successful payment, clients will receive a confirmation and receipt via the platform (and/or email) showing the amount paid, including a breakdown of the deposit and GuestSpot fee (and any taxes, if applicable). Providers can also view records of the amounts due to them in their dashboard.
  • Taxes on Transactions: GuestSpot may calculate or collect taxes (like sales tax or VAT) on product purchases if required by law, but in many cases the Provider is responsible for including any applicable taxes in their prices. Clients are responsible for any taxes that apply to their purchases, and Providers are responsible for remitting taxes they are obligated to report or pay.
  • Currency: All fees and payments on GuestSpot are processed in the currency specified at checkout (typically local to the region of the transaction). GuestSpot is not responsible for currency conversion differences or fees if you are using the Service outside of the primary currency.

6. Refunds, Cancellations & No-Show Policy

We understand plans can change. This section explains our policies for refunds and cancellations of appointments, as well as for product transactions. By booking an appointment or buying a product through GuestSpot, you agree to these terms:

  • Client Cancels – 48 hours or more before scheduled start: If a client cancels an appointment at least 48 hours prior to the scheduled start time, the deposit will be refunded in full to the client. The 5% GuestSpot fee will not be refunded (since that fee was earned at the time of booking). The client should expect the deposit refund to be processed back to the original payment method within a reasonable time (typically 5–10 business days, depending on bank processing).
  • Client Cancels – Less than 48 hours before appointment: If a client cancels an appointment less than 48 hours prior to the scheduled start (including last-minute cancellations and no-shows), the cancellation is considered late and the client forfeits the deposit for that appointment. The Provider will receive that deposit as compensation for the blocked time, and the 5% GuestSpot fee remains non-refundable.
  • Provider Cancels: If a Provider cancels an appointment (or fails to show up for it) at any time, the client will receive a full refund of the deposit. In these situations, GuestSpot retains the 5% fee by default; however, we reserve the right to refund the 5% fee as well as a courtesy or in cases where we determine it is appropriate (especially if the cancellation was last-minute and disruptive to the client).
  • Rescheduling: A reschedule is handled as a cancellation plus a new booking.
    • If the change is made 48 hours or more in advance, the client may cancel (to receive the deposit back) and then re-book the new time, or the Provider can propose a new time via the app if functionality allows.
    • If the change is within 48 hours, the Provider should ideally honor the deposit for the new time rather than charging a new deposit. GuestSpot can assist in adjusting bookings if needed. Without a Provider's agreement, a client-initiated cancellation under 48 hours still forfeits the deposit as described above.
  • No-Show (Client): If a client does not show up to a scheduled appointment without canceling, this is treated the same as a late cancellation – the deposit is forfeited to the Provider. Providers should wait a reasonable time and attempt contact before marking a no-show.
  • No-Show or Late Cancellation (Provider): If a Provider does not show or cancels last minute on the client, the client will receive a full deposit refund (and likely the 5% fee refund as goodwill). Providers may face account penalties for such behavior.
  • Marketplace Product Orders (Refunds/Returns): GuestSpot allows clients to purchase products through the marketplace. Refunds, returns, or exchanges for products are handled directly between the client and the Provider (the seller of the product). Each Provider may have their own return or refund policy for products, which they should communicate in the product listing or at sale. GuestSpot is not the seller of record for marketplace products and does not set or enforce specific product return policies.
    • If you have an issue with a product (for example, it arrived damaged or not as described), contact the Provider or seller to arrange a return or refund according to their policy.
    • In the event of a dispute over a product transaction, GuestSpot may (but is not obligated to) assist in facilitating communication. Ultimately this is a contract between the buyer and seller.
    • Note for EU/UK customers: If applicable consumer law provides a cooling-off period or return right for products bought online, the Provider is expected to honor that, even if not explicitly stated. GuestSpot will encourage compliance but is not liable for a Provider's failure to comply.
  • Refund Processing: When a refund of a deposit or product price is due, it will be processed via our payment processor back to the original payment method. Processing times can vary. Once GuestSpot initiates a refund, banks or credit card issuers may take 5–10 business days (or as per their policies) to post it. If a refund is not reflected after a reasonable time, contact support.
  • Platform Fee Non-Refundable: The GuestSpot 5% fee is non-refundable except in extraordinary cases we choose to accommodate. This fee covers services already rendered by GuestSpot at the time of booking, including maintaining the platform and payment processing costs.
  • Changes by Providers: If a Provider needs to change the details of an appointment (for example, reschedule or change the service scope or cost) after a deposit is paid, they should communicate and get agreement from the client. If the client is not comfortable with changes, the client may cancel for a refund if it is outside 48 hours, or contact support if inside 48 hours (we will evaluate fairness on a case-by-case basis).
  • Emergencies: If unforeseen emergencies (such as illness, pandemics, or natural disasters) make an appointment unsafe or impossible, GuestSpot may override the above policies in its discretion to treat the cancellation as excused. These cases are handled individually and proof of emergency may be required.

7. Health & Safety Disclaimer

Tattooing and body modification services involve inherent health and safety risks. It is important that both clients and Providers take proper precautions. By using GuestSpot, you acknowledge and agree to the following:

  • Risks of Tattooing: You understand that receiving a tattoo or related service involves possible risks including, but not limited to, pain, bleeding, infection, scarring, allergic reactions (to ink or supplies), and dissatisfaction with the result. GuestSpot is not liable for any injury, complication, or health issue arising from services booked through our platform. Any remedy or claim for such outcomes lies with the Provider who performed the service.
  • Client Responsibilities: Clients must ensure they disclose relevant health information to the Provider before the session, follow all pre-care and aftercare instructions provided by the Provider, and assess the environment to confirm the shop or studio follows hygiene standards. If you arrive and have concerns about cleanliness or safety, you have the right to refuse service (though deposit refunds would depend on negotiation with the Provider or a dispute process).
  • Provider Responsibilities: Providers using GuestSpot agree to comply with all local health codes and safety regulations for tattooing and body art, maintain a clean and sanitized workspace, obtain any necessary certifications or permits, and inform clients of aftercare procedures clearly.
  • No Verification by GuestSpot: GuestSpot does not routinely verify that Providers are following health and safety rules or hold specific certifications beyond any basic vetting during onboarding. We may, at our discretion, request proof of licenses or investigate complaints. By using the platform, Providers certify they are compliant. Users should exercise their own judgment and can report concerns to GuestSpot.
  • Reporting Violations: If you experience something unsafe or unsanitary with a Provider, report it to safety@getguestspot.com. We take such reports seriously and may investigate, which could result in removal of the Provider from our platform if substantiated.
  • No Insurance or Medical Coverage: GuestSpot does not provide medical insurance or any form of insurance coverage to clients or Providers. Clients assume responsibility for any medical treatment they may need as a result of services. Providers are strongly encouraged to carry their own liability insurance for their services.

8. User Content and Intellectual Property

GuestSpot allows Users to create, upload, and share content such as profile information, portfolio photos of tattoos, images of products, descriptions, ratings and reviews, comments, messages, and more. This section explains the ownership and rights regarding that content:

  • Your Ownership: You retain ownership of all content that you create and post on GuestSpot ("User Content"), provided such content is originally yours. For example, if you upload a photo of a tattoo you designed, you still own that creative work.
  • GuestSpot's License to Use Content: By posting or uploading User Content on GuestSpot, you grant GuestSpot a non-exclusive, worldwide, royalty-free, perpetual, sublicensable, and transferable license to use, copy, modify (for technical adaptations, not to alter meaning), distribute, publicly display, and publicly perform that content in connection with operating, promoting, or improving the Service.
    • This license enables us to display your content to other users, to use your tattoo shop photos in our marketing or social media, or to resize your images for optimal display.
    • We will not sell your content to third parties or use it outside of the context of GuestSpot's platform and promotions without further permission from you.
  • Your Content Responsibilities: You are solely responsible for the User Content you provide. You represent and warrant that you have all necessary rights to post the content, that your content is lawful and truthful, and that you have consent to post personal data of others when required.
  • Content Moderation: GuestSpot does not pre-approve all content, but we reserve the right to remove or moderate any User Content that we believe violates these Terms or applicable law, or for any other valid reason. We can do this without prior notice to you.
  • DMCA and Copyright Infringement: GuestSpot responds to copyright infringement claims in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws. If you believe that any content on GuestSpot infringes your copyright, send a written notice to our designated Copyright Agent at legal@getguestspot.com or the mailing address provided in Section 17 with the information required by 17 U.S.C. § 512(c)(3). We will investigate and, if appropriate, remove the content or disable access to it.
  • No Liability for User Content: GuestSpot is not liable for User Content. Although we may moderate or remove content, the user who posts content is solely responsible for it and any harm or legal claim that results from it.
  • Feedback: If you submit suggestions, ideas, or other feedback to GuestSpot, you acknowledge that this feedback is provided voluntarily and GuestSpot is free to use it without obligation or compensation to you.

9. GuestSpot's Intellectual Property

  • Our Platform and Materials: All content and materials provided by GuestSpot — including the website and app's text, graphics, logos, button icons, images (except user-uploaded images), audio clips, software code, and overall design ("GuestSpot Materials") — are the property of GuestSpot or our licensors and are protected by copyright, trademark, and other intellectual property laws. You may not copy, distribute, or create derivative works from GuestSpot Materials without our prior written consent, except as allowed by law or these Terms.
  • GuestSpot Trademarks: "GuestSpot," our logo, and any other product or service names or slogans that appear on the Service are trademarks of GuestSpot LLC (whether registered or not). You cannot use these trademarks without our express permission. All other trademarks on GuestSpot that do not belong to us are the property of their respective owners.
  • License to You: Subject to your compliance with these Terms, GuestSpot grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Service for your personal or internal business use. This license does not allow you to download (other than page caching) or modify any portion of the Service, make commercial use of our content beyond legitimate marketplace activity, harvest or collect information (such as via data mining or scraping), or reverse engineer or attempt to extract the source code of our software (except to the extent permitted by law for interoperability).
  • Prohibited Exploits: You agree not to misuse our intellectual property. This includes not injecting malware or hidden tags using "GuestSpot" or our trademarks, not framing or mirroring our site without permission, and not using our name or code in any way that could damage our brand or confuse others.
  • Third-Party IP: Some features of GuestSpot might incorporate content or libraries from third parties (for example, a mapping API or a calendar widget). Those are subject to such third parties' licenses. You agree to comply with any additional terms that are shown when using those features.
  • Copyright Notices: If you believe any GuestSpot Materials infringe your copyright (aside from user content, which the DMCA process covers), you can contact us at legal@getguestspot.com.

10. Reviews & Ratings

GuestSpot enables clients to leave reviews and ratings for Providers (and possibly vice versa or endorsements). These are important for accountability and transparency in the marketplace. By leaving a review or rating, you agree to the following:

  • Honest and Fair Reviews: Reviews should be truthful, fair, and relevant to the actual service experience. You should only review a service that you have personally used. No fake reviews, review bombing, or competition manipulation.
  • Respectful Tone: Even if critical, reviews must remain respectful and professional. No harassment, hate, or profanity-laden tirades.
  • No Retaliation or Extortion: You may not threaten Providers with a bad review to get something you are not entitled to, nor may Providers require clients to leave a positive review as a condition of doing business. Such behavior is against our policies.
  • GuestSpot's Right to Moderate: GuestSpot may remove or edit reviews if they violate these Terms or our policies. This includes reviews that contain hate speech, personal insults, profanity, spam, off-topic commentary, private personal information, or fabricated content.
  • Replying to Reviews: Providers may have an option to respond to reviews. The same civility rules apply. We may moderate responses if they violate rules.
  • No Review Manipulation: You cannot review yourself or any entity you own, and you should not coordinate with others to skew ratings. Do not post multiple reviews for the same transaction under different accounts.
  • Libel Concerns: Reviews are user-generated content and not verified by GuestSpot. If you believe a review is false and defamatory, contact us with details. We can review cases and remove or correct blatant falsehoods if clear, but differences of opinion or honest mistakes typically will not be removed.

11. Disputes Between Users

GuestSpot is a platform, but we understand disputes may occasionally arise between a client and a Provider (or between any users). Here is how those should be handled:

  • Direct Resolution: Users should first attempt to resolve disputes directly with each other in good faith. For example, if a client is unhappy with a tattoo or service, they should communicate with the artist or shop to see if a solution can be reached.
  • GuestSpot's Limited Role: GuestSpot is not a party to user-to-user dealings. We may try to facilitate communication if you reach out to us, but any assistance is good-faith help, not an assumption of liability or an official judgment.
  • No Liability for Outcomes: Because the actual agreement for services or sales is between the client and Provider, GuestSpot is not liable for any claims arising from those dealings. This includes unsatisfactory quality of a tattoo or product, personal injuries or health issues, loss or damage to property, or other disputes over performance.
  • Dispute Resolution Options: If you cannot resolve a dispute amicably, you may consider small claims court (subject to the arbitration clause in Section 15), legal action against the responsible party, or mutually agreed mediation or arbitration with the other user. GuestSpot is not involved in those decisions.
  • Involving GuestSpot Legally: If GuestSpot is named in a dispute between users, our indemnification clause (Section 13) applies – the party responsible for the issue should cover GuestSpot's costs.
  • Evidence and Communication: We encourage users to keep communication on the GuestSpot platform so there is a record in case of disputes. If you take a conversation off-app, document important agreements or promises in writing.
  • Insurance: Some Providers or clients might have insurance that covers certain incidents. Disputes might sometimes be resolved by an insurance claim, which is outside GuestSpot's scope.

12. Limitation of Liability

To the fullest extent permitted by law:

  • No Indirect or Consequential Damages: GuestSpot will not be liable to you for any indirect, incidental, special, consequential, or punitive damages, including damages for lost profits or revenues, loss of business opportunity or goodwill, loss of data, cost of substitute services, or other intangible losses arising out of or related to your use of GuestSpot.
  • Cap on Direct Damages: GuestSpot's total liability to you for all claims arising out of or relating to these Terms or the Service is limited to the greater of (a) US $100, or (b) the total amount of GuestSpot fees (the 5% platform fees) that you paid to GuestSpot in the 12 months immediately preceding the event giving rise to the liability.
  • No Liability for Provider Actions or Products: GuestSpot is not responsible for the actions, omissions, or content of any Providers or other users. Providers are independent entities and products sold may be manufactured or provided by third parties.
  • Not Liable for User Content: Any content posted by users is solely the responsibility of the user. GuestSpot is not liable for any defamatory, offensive, or illegal content posted by others, even if such content is accessible through our Service.
  • Service Availability: GuestSpot does not guarantee the Service will be uninterrupted or error-free. We are not liable for losses due to downtime or technical issues, or for harm caused by viruses or other harmful material that might affect your device.
  • No Additional Warranties: GuestSpot disclaims any warranties or conditions of any kind, whether express, implied, or statutory, to the extent allowed by law. We provide the Service "as is" and "as available." You assume all risk for using it.
  • Professional Advice Disclaimer: Any information or resources available through GuestSpot are for general informational purposes and do not constitute professional, legal, medical, or financial advice.
  • Scope: The limitations in this section apply to any theory of liability, whether based in contract, tort (including negligence), strict liability, statute, or otherwise, even if we have been advised of the possibility of damages.
  • Exceptions: Nothing in these Terms is intended to exclude or limit liability that cannot be excluded under applicable law, including liability for intentional misconduct, gross negligence, fraud, or for death or personal injury caused by our negligence. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation of certain damages; in such jurisdictions, some disclaimers and limitations may not apply to you.

In summary, to keep the platform available at minimal cost, we need to limit our legal exposure. By using GuestSpot, you acknowledge these risks and agree that our liability is limited as set forth here.

13. Indemnification

You agree to indemnify, defend, and hold harmless GuestSpot LLC and its affiliates, and each of their respective owners, directors, officers, employees, contractors, and agents (the "GuestSpot Parties") from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees and costs) that arise out of or relate to:

  • Your Use of the Service: Any claim arising from or related to your use or misuse of GuestSpot. If you use GuestSpot in a way that violates these Terms or any law, and that causes someone (or a government entity) to sue GuestSpot, you will cover our costs and any losses.
  • Your Content: Any User Content you submit or share on GuestSpot. If your content infringes someone's intellectual property, defames someone, violates someone's rights, or violates the law in any way, and GuestSpot faces a claim because of it, you will indemnify us.
  • Your Interactions and Transactions: Any breach by you of these Terms or of any representation or warranty you make. This includes any dispute or claim between you and another user. If someone drags GuestSpot into a lawsuit because of your actions or agreements, you will indemnify us for the costs and liability.
  • Your Violation of Law or Rights: Any violation of a third party's rights by you, or any violation of any law or regulation while using GuestSpot.

This indemnification obligation includes paying for GuestSpot's attorneys' fees, court costs, and any settlement amounts or judgments. We would choose our legal counsel and control the defense, and we will reasonably cooperate with you if we invoke this obligation. You agree not to settle any such matter without our prior approval if the settlement would impose any obligation on GuestSpot or admit any fault by GuestSpot.

14. Termination of Accounts

Both you and GuestSpot have the right to end this relationship at any time. Here is how that works and what survives termination:

  • Your Right to Terminate: You are free to stop using GuestSpot at any time. You may delete or deactivate your account through the account settings or by contacting support@getguestspot.com. Deleting your account will remove your profile from active view, though some information may be retained for legal or recordkeeping purposes.
  • Our Right to Terminate or Suspend: We may suspend or terminate your account or access to the Service (in whole or in part) at our discretion for any valid reason, including violations of these Terms or policies, risk of harm or illegal behavior, inactivity, legal compliance, or if we cease offering the Service.
  • Effect of Termination: Upon termination, you lose access to the Service. Upcoming bookings may be canceled, and affected clients may receive refunds as appropriate. GuestSpot is not liable for compensation, reimbursement, or damages in connection with your loss of access, except that we will refund deposits if you were not at fault.
  • Surviving Provisions: Certain sections of these Terms will survive termination, including but not limited to payments owed, User Content license, GuestSpot IP rights, limitation of liability, indemnification, dispute resolution (Section 15), governing law, and other miscellaneous provisions.
  • Data Retention: After termination, GuestSpot may retain your personal data as necessary to comply with legal obligations, resolve disputes, and enforce agreements. Refer to our User Agreement for specifics on data retention and deletion.
  • Appeal: If you believe we made a mistake in terminating or suspending your account, contact legal@getguestspot.com to appeal. We will consider in good faith, but our decision will be final.

15. Governing Law; Dispute Resolution (Arbitration Agreement)

This section involves important legal rights, including an agreement to arbitrate disputes and a waiver of class actions. If you reside in the United States, you and GuestSpot agree to resolve most disputes through binding arbitration, and you give up the right to a trial in court (with certain exceptions and opt-out rights).

  • Governing Law: These Terms and any dispute arising between you and GuestSpot related to the Service will be governed by the laws of the State of Delaware, USA, excluding its conflict of laws principles. If you reside outside the U.S. and local consumer protection or data laws require that your local law govern despite the choice of Delaware law, then those local laws may apply to certain claims to the extent mandated.
  • Initial Dispute Resolution: Before filing any claim against GuestSpot, you agree to try to resolve the dispute informally by contacting legal@getguestspot.com and providing a brief written description of your dispute and desired resolution. If we cannot resolve the dispute within 60 days, either party may proceed to the next steps.
  • Binding Arbitration Agreement: If you and GuestSpot cannot resolve a dispute informally, you and GuestSpot agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service (collectively, "Disputes") shall be resolved by binding arbitration on an individual basis, except for the exceptions set forth below. This includes claims based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.
    • Arbitration Provider and Rules: The arbitration will be administered by the American Arbitration Association (AAA) (or if AAA declines, another reputable arbitration provider) under the AAA Consumer Arbitration Rules in effect at the time the arbitration is initiated.
    • Arbitrator: A single, neutral arbitrator will decide the Dispute. Arbitration is more informal than court; however, an arbitrator can award on an individual basis the same damages and relief as a court.
    • Location: If you are a consumer user, the arbitration hearing will take place in a location reasonably convenient for you. If we cannot agree on a location, it will be in the county of your residence. For users outside the U.S., proceedings may be conducted by video or phone conference.
    • Fees: AAA's rules will govern payment of filing fees and arbitrator's fees. We will pay any fees required by law or necessary to make arbitration affordable compared to court. We will not seek attorneys' fees from you in arbitration unless the arbitrator finds your claims frivolous or brought in bad faith.
  • Exceptions to Arbitration:
    • Small Claims: Either party can bring an individual claim in small claims court instead of arbitration if the claim is within the court's jurisdiction and proceeds on an individual basis.
    • Intellectual Property and Injunctive Relief: Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service, or infringement of intellectual property, without engaging in arbitration.
    • Opt-Out Right: You have the right to opt out of the arbitration agreement within 30 days of first accepting these Terms (or within 30 days of any material change to this Section) by sending written notice to legal@getguestspot.com or the mailing address in Section 17. If you opt out, you will not be bound by the arbitration or class action waiver provisions in this Section, and opting out will not affect any other parts of these Terms.
  • Class Action Waiver: You and GuestSpot agree that any claims must be brought on an individual basis only, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator (or court, if a judicial proceeding) may not consolidate or join the claims of other persons or parties without the consent of all parties.
  • Arbitration Binding & Final: Except for the limited rights of appeal under the Federal Arbitration Act, the arbitrator's decision is final and binding. Judgment on the arbitration award may be entered in any court that has jurisdiction.
  • European Union/UK/Other Jurisdictions: If you reside in a jurisdiction that does not permit arbitration of disputes in the manner provided in this Section 15, or where an arbitration agreement would be unenforceable under your local law, then the arbitration agreement and class waiver above do not apply to you. You may choose to resolve any Dispute with GuestSpot in your local courts, and the governing law will be the substantive law of your country or province of residence to the extent required by local law.
  • 30-Day Right to Reject Changes: If we make any future change to this arbitration provision (other than a change to our contact address or a minor typographical correction), you have the right to reject the change by sending us written notice within 30 days of the change to legal@getguestspot.com.
  • Court Proceedings: If there is a lawsuit (for example, because you opted out of arbitration or an exception applies), you and GuestSpot agree to the exclusive jurisdiction of the state and federal courts located in Delaware, USA (unless otherwise required by non-waivable law). You and GuestSpot waive any objection to venue or claim of inconvenience of such courts.

Summary: Arbitration is a contract between us to resolve issues without the expense of courts when possible. You have the power to opt out if you act quickly. If you do not opt out, you give up rights to jury or class actions, except for the exceptions listed. We believe this approach benefits the community by resolving issues more efficiently and avoiding lengthy court battles.

16. Changes to These Terms

The marketplace and our services may evolve over time, and we may need to update these Terms to reflect changes in our business, technology, or legal requirements. Here is how we handle changes:

  • Right to Update: GuestSpot reserves the right to modify or update these Terms at any time. We will do so by posting the revised Terms and updating the "Effective Date" at the top.
  • Notice of Significant Changes: If we make material changes, we will provide reasonable advance notice by appropriate means, such as posting a prominent notice on our website or app, or emailing the address associated with your account.
  • Acceptance of Changes: Continued use of GuestSpot after updated Terms take effect (and after notice of material changes) constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service and may delete your account.
  • Review Frequency: We encourage you to review these Terms periodically to stay informed of any updates. Even changes that are not material will be effective immediately upon posting.
  • Minor Changes: Non-material updates (such as clarifications, corrections, or improvements that do not reduce your rights) may be effective immediately without special notice, other than posting the new Terms.
  • Historic Versions: For transparency, we may maintain an archive of previous terms or a log of changes, which will be available upon request or via our site.
  • Negotiated Changes: If you have a separate written agreement with GuestSpot that modifies these Terms, any changes to these Terms will not apply to the extent they conflict with your separate agreement, unless agreed in writing.

Remember, it is your responsibility to ensure the Terms are acceptable to you. If at any point a change is unacceptable, you have the right to cease using GuestSpot.

17. Contact Information; Notices

If you have questions, concerns, or feedback about these Terms or the GuestSpot platform, please reach out to us. We are here to help.

  • Customer Support: For general support or questions, contact support@getguestspot.com. This is best for queries about using the app or issues with bookings.
  • Legal Notices to GuestSpot: Send formal legal notices by email to legal@getguestspot.com and by certified mail to GuestSpot LLC – Legal Department, 262 Chapman Rd, Suite 240, Newark, DE 19702, USA.
  • Notices to You: We may provide notices by email to the address associated with your account, by postal mail or courier to any physical address you have provided, by in-app notification or message, or by posting on the GuestSpot website or your account dashboard. It is your responsibility to keep your contact information up to date.
  • Business Contact: Company Name: GuestSpot LLC; Registered Address: 262 Chapman Rd, Ste 240, Newark, DE 19702, USA; Support Email: support@getguestspot.com; Legal Email: legal@getguestspot.com.
  • Complaint (California): Under California Civil Code §1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (800) 952-5210.
  • European Representative: If needed under GDPR Article 27, we will insert information here when we have an EU representative designated.
  • Language: You agree that communications and agreements between us will be in English. If we provide a translation of these Terms, it is for convenience only. The English version will control in the event of any conflict.

Thank you for reading our Terms of Service. We are excited to connect the world's tattoo community on GuestSpot! By using the platform, you are agreeing to these rules that help keep the marketplace fair and safe for everyone.