Terms of Service

These Terms of Service (the "Terms") govern your access to and use of the websites, applications, and services (collectively, the "Services") provided by Pyrate, Inc. ("Pyrate," "we," "us," or "our").

These Terms apply to businesses and independent service providers, including independent professionals and studios ("you" or "User").

By accessing or using the Services, you agree to be bound by these Terms.

1. Description of Services

Pyrate provides a business operations platform that enables Users to:

• Manage appointment scheduling and bookings
• Facilitate payment processing through third-party processors
• Manage client relationships and records
• Send automated communications (SMS, email) to clients
• Collect and store digital waivers and documents
• Integrate with third-party services (e.g., Google Calendar, Google Business Profile)

Pyrate provides software tools only and does not provide tattoo services or other professional services.

2. Eligibility and Account Registration

You must be at least 18 years old to use the Services. You agree to:

• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Be responsible for all activity under your account

3. User Responsibilities

You are solely responsible for:

• Your business operations and services provided to clients
• Compliance with all applicable laws and regulations
• Obtaining all necessary consents from clients, including for communications
• The accuracy and legality of all data you input into the Services
• Handling all customer disputes, refunds, and service-related issues

You agree not to:

• Use the Services for unlawful or fraudulent purposes
• Interfere with the integrity or performance of the Services
• Attempt unauthorized access to systems or data

4. Payments and Fees

4.1 Payment Processing and Flow of Funds

Pyrate facilitates payments on behalf of Users through integrations with third-party payment processors (such as Stripe or similar providers).

In connection with these services, payment funds may be received into accounts controlled by or associated with Pyrate for the limited purpose of facilitating settlement to Users.

Notwithstanding the foregoing:

• Pyrate is not a payment processor, money transmitter, or financial institution
• All payment processing services are provided by third-party providers and are subject to their terms
• You are the merchant of record for all transactions conducted with your clients
• Pyrate acts solely as a technical service provider and limited payment facilitator agent for the purpose of transmitting funds to you
• All funds received are held for the benefit of the applicable User and are not the property of Pyrate

You acknowledge and agree that:

• You are solely responsible for providing services to clients
• You are solely responsible for all refunds, chargebacks, and disputes
• Pyrate does not control, guarantee, or assume liability for payment transactions
• Pyrate does not guarantee the timing, availability, or successful completion of payouts
• Pyrate may delay, withhold, or adjust payouts where reasonably necessary to:
  • Comply with legal or regulatory obligations
  • Investigate or prevent fraud or suspected misconduct
  • Address disputes, chargebacks, or risk exposure

4.2 Fees

You agree to pay all applicable fees associated with your use of the Services. Fees:

• May include subscription fees, transaction fees, or other charges
• Are non-refundable except as required by law
• May be updated by Pyrate with reasonable notice

5. Communications and Client Consent

By using the Services, you authorize Pyrate to send communications to your clients on your behalf, including:

• Appointment reminders
• Follow-ups
• Review requests
• Marketing or promotional messages (if enabled by you)

You are solely responsible for:

• Obtaining all necessary consents from clients
• Compliance with applicable laws, including:
  • Telephone Consumer Protection Act (TCPA)
  • CAN-SPAM Act
  • Other applicable communication and privacy laws

Pyrate is not responsible for your failure to obtain proper consent.

6. Data Ownership and Use

You retain ownership of your client data and business information.

By using the Services, you grant Pyrate a non-exclusive, worldwide, royalty-free license to:

• Process, store, and display your data
• Provide and improve the Services

Pyrate may use aggregated and anonymized data for:

• Analytics
• Product development
• Industry insights

7. Third-Party Services and Integrations

The Services may integrate with third-party providers, including:

• Payment processors
• Google services
• Communication platforms

Your use of third-party services is subject to their respective terms and policies. Pyrate is not responsible for:

• Third-party services
• Data handling by third parties
• Service interruptions or failures caused by third parties

8. No Responsibility for Services

Pyrate does not provide tattoo services or any other professional services. You acknowledge that:

• All services are provided solely by you
• Pyrate does not control or guarantee service quality
• Pyrate shall not be liable for:
  • Personal injury or health-related claims
  • Client dissatisfaction
  • Service-related disputes

9. No Guarantee of Results

Pyrate does not guarantee:

• Increased bookings
• Increased revenue
• Improved client retention
• Growth in reviews or online visibility

Results may vary based on your business and use of the Services.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." PYRATE DISCLAIMS ALL WARRANTIES, INCLUDING:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT

WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

11. Limitation of Liability

To the maximum extent permitted by law, Pyrate shall not be liable for:

• Indirect, incidental, or consequential damages
• Loss of profits, revenue, or data

Pyrate's total liability shall not exceed the total fees paid by you in the 12 months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless Pyrate and its affiliates from any claims arising out of:

• Your services or business operations
• Your violation of these Terms
• Your failure to comply with laws or obtain required consents
• Disputes between you and your clients

13. No Agency or Partnership

Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship. You operate as an independent business.

14. Termination

Pyrate may suspend or terminate your access at any time, with or without cause, and with or without notice. You may terminate your account at any time.

15. Governing Law and Venue

These Terms are governed by the laws of the State of New York. Any disputes shall be resolved exclusively in the courts located in New York County, New York.

16. Changes to Terms

We may update these Terms from time to time. Continued use of the Services constitutes acceptance of updated Terms.

17. Privacy

Your use of the Services is subject to our Privacy Policy.

18. Contact Information