1. Agreement
These Terms of Service ("Terms") govern access to and use of Etchpath ("Service") at etchpath.com, operated by Etchpath ("we," "us," or "our"). By creating an account, clicking accept, or using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.
If you use the Service on behalf of a tattoo studio or business, you represent that you have authority to bind that entity. "You" includes that entity and its authorized Users.
2. The Service
Etchpath provides software for tattoo studios to manage clients, deposits, checkout records, intake leads, email communication (via optional Gmail connection), team access, and related operational tools. The Service is for internal shop use by owners and artists, not a consumer-facing client portal.
We may modify, suspend, or discontinue features with reasonable notice when practicable. We do not guarantee uninterrupted or error-free operation.
3. Accounts and eligibility
You must provide accurate registration information and keep it current. You are responsible for all activity under your account and for maintaining password confidentiality. Notify us immediately of unauthorized access.
Shop owners may invite artists via invite codes. Owners are responsible for who they grant access to and for their team's compliance with these Terms.
You must be at least 18 years old and able to form a binding contract to use the Service.
4. Subscription, trial, and fees
Paid plans, free trials, and pricing are described on our website or checkout flow. Unless stated otherwise, subscriptions renew automatically until canceled. You authorize us or our payment processor to charge applicable fees.
Fees are non-refundable except where required by law or explicitly stated. We may change pricing with notice before your next billing cycle.
5. Not a payment processor
Etchpath does not process client payments. The Service records deposits, balances, and checkout amounts for your internal records only. You are solely responsible for collecting money from clients, tax reporting, chargebacks, refunds, and compliance with payment app terms (Venmo, Cash App, etc.).
Etchpath is not responsible for disputes between your shop and clients regarding money, scheduling, or tattoo work.
6. Your data and client data
You retain ownership of data you submit to the Service ("Customer Data"), including client records and intake submissions. You grant us a limited license to host, process, display, and transmit Customer Data solely to provide and improve the Service, comply with law, and as described in our Privacy Policy.
You represent that you have all necessary rights and consents to collect and upload Customer Data, including from public intake forms on your website. You are responsible for your privacy disclosures to your clients and for responding to client data requests.
7. Acceptable use
You agree not to:
- Use the Service unlawfully or to harass, defraud, or harm others;
- Upload malware, scrape the Service, or attempt unauthorized access;
- Reverse engineer or resell the Service except as permitted by law;
- Send spam or unsolicited bulk email through the Service;
- Use the Service to store highly sensitive data unrelated to shop operations (e.g. unrelated health records, SSNs);
- Misrepresent your identity or affiliation.
We may suspend or terminate accounts that violate these Terms or pose risk to the Service or others.
8. Third-party services
The Service integrates with third parties (e.g. Google Gmail, email delivery, cloud hosting, optional AI). Your use of those integrations is subject to their terms and policies. We are not responsible for third-party outages or actions.
If you connect Gmail, you authorize Etchpath to access and use Google user data as described in our Privacy Policy and Google's requirements, limited to providing email features you enable.
9. Public intake forms
Shops may embed public intake forms. You are responsible for how you promote the form, what you tell submitters about data use, and timely handling of inquiries. Etchpath may rate-limit or block abusive submissions.
Submitting an intake form constitutes agreement to our Privacy Policy and these Terms to the extent applicable to Submitting Parties.
10. Intellectual property
The Service, including software, design, and branding, is owned by Etchpath and protected by intellectual property laws. These Terms do not grant you ownership of the Service—only a limited, non-exclusive, non-transferable right to use it during an active subscription or trial.
11. Confidentiality and security
We implement reasonable security measures but cannot guarantee that unauthorized third parties will never defeat them. You use the Service at your own risk regarding data loss not caused by our gross negligence.
12. Disclaimer of warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OF RECORDS OR CALCULATIONS (INCLUDING DEPOSIT BALANCES, SPLITS, OR PAYOUT TOTALS). YOU VERIFY CRITICAL FINANCIAL FIGURES INDEPENDENTLY.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ETCHPATH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (A) AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US $100).
Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the fullest extent permitted by law.
14. Indemnification
You will defend, indemnify, and hold harmless Etchpath from claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) Customer Data or content you submit; (c) your violation of these Terms or applicable law; (d) disputes with your clients or staff; or (e) your payment collection practices.
15. Termination
You may stop using the Service and cancel your subscription according to account settings or by contacting us. We may suspend or terminate access for violation of these Terms, non-payment, or risk to the Service.
Upon termination, your right to access the Service ends. Provisions that by nature should survive (including payment obligations, disclaimers, limitations of liability, and indemnity) survive termination.
16. Dispute resolution and governing law
These Terms are governed by the laws of the State of Michigan, United States, without regard to conflict-of-law rules, except where mandatory consumer protection laws apply.
Any dispute arising from these Terms or the Service will be resolved in the state or federal courts located in Michigan, and you consent to their exclusive jurisdiction, unless applicable law requires otherwise.
Class action waiver: to the extent permitted by law, disputes must be brought individually and not as a class or representative action.
17. Changes
We may update these Terms. We will post the updated Terms on this page and update the effective date. Material changes may require renewed acceptance. Continued use after the effective date constitutes acceptance where permitted by law.
18. Contact
Questions or requests: [email protected]
