Terms and conditions

§ 1 Scope and definitions

1. A consumer is any natural person concluding a contract mainly for private purposes (§ 13 BGB). A business is anyone acting in a commercial or self-employed professional capacity (§ 14 BGB), e.g. tattoo artists, studios and platforms.
2. Artist, studio and platform accounts and accounts marked as business customers use Inkmirra as businesses. Rules for consumers only or businesses only are marked as such.
3. Deviating terms of businesses only apply if we expressly agree in text form.
4. Platforms that integrate Inkmirra via the API or widgets are additionally subject to the platform and API terms and a data processing agreement provided with the platform contract. In case of conflict, those prevail.

§ 2 Services

Inkmirra creates a 3D model of a body part with a tattoo ("scan") from a smartphone video and offers, among other things: 3D viewer, tattoo journey, tattoo diary, sharing by link, artist portfolios and widgets, handing scans over to clients, QR purchase at the counter, codes, studio teams and a platform API. The website and pricing page describe the current scope.

Quality levels. Previews and scans in viewer quality are free within the limits of your plan (e.g. previews per month, number of tattoos, fair use for portfolio scans). Full quality (download, permanent storage, handover to clients) costs one scan from your balance.

Result quality depends on video, light, movement and skin (freshly tattooed skin often gives poorer results). Rejected or failed scans are free. We do not owe a particular result; consumers' statutory rights for digital products (§§ 327 et seq. BGB) remain unaffected.

Inkmirra is an online service. We aim for high availability but owe businesses no specific availability unless agreed. We announce maintenance where possible.

Not a medical device: Inkmirra gives no medical or aftercare advice. The diary is for your own documentation only.

§ 3 Account, minimum age

1. Most features need an account. Only people aged at least 16 may create one (see Youth protection).
2. Your details must be true. Keep your credentials secret and tell us if you suspect misuse.
3. For QR purchases, handovers or code redemption we create an account with your e-mail address. Until you confirm it and set a password, you are signed in on this device only (restricted session).
4. Artist, studio and platform accounts are activated after review.

§ 4 Conclusion of contract

1. Plans and packs shown on the website are not a binding offer.
2. You choose a product, confirm the terms and – as a consumer – the immediate start (see § 12) in the order dialog and click "Order with obligation to pay". We then forward you to our payment provider Stripe, where you review the order with price and taxes and complete it with the payment button. This is your binding offer.
3. The contract is concluded when the payment is authorised and we activate the service or confirm the order by e-mail. For SEPA direct debit we activate once the payment is confirmed.
4. You can correct input errors before completing the order in the dialog or on the Stripe page.
5. Contract languages are German and English. We do not store the contract text for you separately; the order confirmation e-mail contains the key details and you can view and print these terms here at any time.

§ 5 Scans and balance

1. 1 scan = 1 scan in full quality. A scan from your balance permanently unlocks one scan in full quality (download, handover, permanent storage). Downloads of that scan are then unlimited.
2. Packs do not expire. Scans from packs remain valid as long as your account exists. Subscription scans are refilled monthly; unused subscription scans lapse at the end of the billing month and are not carried over. Order of use: subscription, bonus, packs (oldest first).
3. Scan return. Within 14 days after unlocking you may return a scan as long as it has not been handed over. The scan is credited back and falls back to viewer quality. At most 2 returns per calendar month and account.
4. Balances are not paid out and not transferable except via the features provided (codes, handover, studio balance). Before deleting an account we point out any unused balance.
5. Fair use. Artists and studios scan their portfolio in viewer quality without using their balance. Previews per month are limited per plan. We may limit abusive use (e.g. automated mass uploads).
6. Codes and gift cards can be redeemed while valid; the validity is shown on the code or card. No cash payout.

§ 6 Prices and payment

1. Prices at the time of the order apply. For consumers all prices are final prices including statutory VAT. For businesses prices are plus statutory VAT; with a valid VAT ID from another EU member state, the reverse-charge procedure applies.
2. Payment is made in advance via Stripe (e.g. card, Apple Pay, Google Pay, PayPal, SEPA direct debit). The checkout shows the methods offered.
3. Invoices are sent electronically by e-mail or available in your profile under Invoices.
4. Founder and promotional prices only apply under the stated conditions and periods.
5. We may charge costs of chargebacks you are responsible for; you may prove lower damage.

§ 7 Subscriptions

1. Subscriptions run monthly and renew by one month unless cancelled.
2. You can cancel at any time to the end of the current billing month: in your profile under Subscription, via the cancel contracts here button or by e-mail. You can keep using everything until the end of the paid period.
3. Upgrades take effect immediately; downgrades from the next billing period. The change dialog shows the details before you confirm.
4. We notify businesses of price changes for running subscriptions at least 30 days in advance in text form; they may cancel as of the change. For consumers we only change prices of running subscriptions with their consent.
5. Our right to terminate for good cause (e.g. serious breach of these terms) remains unaffected.

§ 8 Resale by artists and studios

1. Artists and studios may pass scans from their balance on to their clients (handover, codes) and charge their own fee. They act in their own name and for their own account.
2. Artists and studios set their own prices. Our figure of €15–20 per scan is a non-binding recommended price. There is no resale price maintenance, no minimum or maximum price and no disadvantage for different prices.
3. Clients can also buy scans directly from us (online or via QR code).
4. Resellers are responsible for their own obligations towards their clients (e.g. price information, invoices, VAT).

§ 9 Artist credit

1. If a client buys a scan from us via an artist's or studio's QR code or when accepting a tattoo, we credit the attributed artist or studio €2.00.
2. The credit becomes available after 14 days without refund. It lapses if the purchase is refunded or withdrawn.
3. Available credits are converted into bonus scans once together they reach the price of one scan (currently €11.99). Smaller amounts remain. No cash payout.
4. Purchases by the balance holder and abusive purchases (e.g. own or arranged purchases only to generate credits) earn no credit; we may reverse such credits.
5. There is no entitlement to a certain number of purchases. We may change the credit amount for future purchases.

§ 10 Studio teams

1. Studios may invite artists as team members within the seats of their plan.
2. The studio account is the contracting party. It manages members and roles, the shared studio balance and the studio portfolio and is liable for use by its members.
3. Members keep their own accounts. A member leaving the team loses access to the studio balance; scans already handed over stay with the clients.
4. The studio is responsible for clients' personal data processed by the studio or its members (see § 11).

§ 11 Content, consents and rights

1. You keep all rights in your content. You grant us the simple, non-transferable rights we need to provide Inkmirra to you (store, process, display with the visibility you choose, deliver in widgets). Gallery, showcase or portfolio use requires your permission, which you can withdraw at any time.
2. Only upload content you are entitled to. If you scan another person, you need their explicit consent beforehand (Art. 9 GDPR) and must inform them. Artists and studios are responsible for their clients.
3. Tattoo designs may be protected by copyright. Showing someone else's design publicly requires the rights holder's consent unless a statutory exception applies.
4. Prohibited in particular: illegal content, sexualised depictions of minors, content glorifying violence, inciting hatred or hostile to the constitution, content infringing third-party rights, and faces or intimate body areas of others without consent.
5. Anyone can report illegal content via report content. We review notices in a timely, diligent and objective manner, inform about our decision and give reasons for restrictions (Art. 16, 17 DSA). In case of violations we may block or remove content and, after weighing up, suspend accounts temporarily or permanently. You may contest our decisions by e-mail.

§ 12 Right of withdrawal for consumers

Consumers have a statutory right of withdrawal. Details, the model withdrawal form and the withdrawal function are on the withdrawal page.

For digital content (e.g. scan packs, unlocking a scan, QR purchase) the right of withdrawal expires once we start performance after you expressly agreed to an immediate start before the end of the withdrawal period and confirmed you thereby lose your right of withdrawal. For subscriptions (digital service) you pay compensation for the service provided until a withdrawal.

§ 13 Warranty

Consumers have the statutory rights for defects of digital products (§§ 327 et seq. BGB). For businesses, warranty is initially limited to supplementary performance (e.g. a new scan attempt or crediting the scan back); if that fails, statutory rights apply. The limitation period for businesses' warranty claims is one year, except for intent, gross negligence and injury to life, body or health.

We only update or change the service for consumers under the conditions of § 327r BGB.

§ 14 Liability

1. We are liable without limitation for intent and gross negligence, injury to life, body or health, under the Product Liability Act and to the extent of any guarantee given.
2. For slight negligence we are only liable for breach of an essential contractual obligation (cardinal obligation), limited to the typical, foreseeable damage.
3. For loss of data due to slight negligence we are only liable to the extent the damage would also have occurred with regular backups (e.g. export or download of your scans).
4. Liability is otherwise excluded. These rules also apply to our employees and agents.

§ 15 Term, termination, account deletion

The usage contract (free account) runs for an indefinite period. You can delete your account at any time under Profile → Account and data; deletion takes place after 30 days (cancellable until then). Running subscriptions end at the end of the paid period. We may terminate free accounts with 4 weeks' notice; the right to terminate for good cause remains unaffected.

§ 16 Changes to these terms

We announce changes at least 6 weeks before they take effect in text form. For businesses a change is deemed accepted unless they object before it takes effect; we point this out in the notice. For consumers material changes only take effect with their express consent.

§ 17 Dispute resolution

We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).

§ 18 Final provisions

1. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers this choice of law only applies insofar as it does not deprive them of the protection of mandatory provisions of the country of their habitual residence.
2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Berlin.
3. Should individual provisions be invalid, the remainder of the contract remains valid; statutory provisions apply instead.