
TERMS OF USE
Effective Date: October 1, 2026 Last Updated: October 1, 2026 Welcome to Apex Tattoo Collective. These Terms of Use (“Terms”) govern your access to and use of the website, mobile applications, digital platforms, booking lead routing systems, IoT smart-facility access, and embedded financial services (collectively, the “Platform”) provided by Apex Tattoo Collective LLC (“Apex Collective,” “we,” “us,” or “our”). By accessing or using our Platform, booking studio suites, submitting client intake briefs, or registering an account, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform. --- 1. Platform Scope & User Roles Apex Collective operates a hybrid physical and digital ecosystem offering luxury body modification studio suites, client lead generation, smart-facility management, and business infrastructure. "Resident Artists" or "Founding Artists" refers to licensed tattoo and body modification professionals who lease private studio suites from Apex Collective and utilize our proprietary app, IoT controls, lead routing, and embedded financial tools. "Clients" refers to individuals who use the Platform to submit tattoo inquiry briefs, communicate with resident artists, or request consultations. "Visitors" refers to individuals browsing our public website, marketing landing pages, or digital content. --- ### 2. Studio Suite Pre-Leasing & Financial Terms #### A. Pre-Leasing & Deposit Terms Pre-Lease Deposit: Resident Artists securing a Founding Suite reservation must submit a $900 fully refundable security deposit (equivalent to 1 month’s lease baseline). Construction Delay Trigger: Deposits are held securely and are subject to a 90-day construction delay trigger. If Apex Collective fails to deliver access to the leased facility within 90 days of the targeted opening date, the applicant may request a 100% refund of their security deposit without penalty. Locked Pricing Guarantee: Founding Artists receive a locked rate of $400/week, granting 100% retention of their individual service revenues. Standard post-launch rates transition to $450/week for non-founding leases. B. Independent Contractor Status Apex Collective provides physical luxury suites, facility technology, and platform lead distribution. Resident Artists operate strictly as independent business entities and independent contractors. Nothing in these Terms creates an employer-employee, agency, or joint venture relationship between Apex Collective and any artist. --- 3. Account Access, SSO & IoT Smart-Facility Rules Single Sign-On (SSO): User accounts utilize SSO credentials to access app controls, lead management, and facility controls. You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account. IoT Facilities & Bluetooth Keyless Entry: Mobile app-enabled Bluetooth locks grant keyless access to the physical studio facility and individual 12' × 12' private suites. Access permissions are strictly non-transferable. Sharing access keys, credentials, or allowing unauthorized third parties entry into the facility outside approved client sessions is strictly prohibited. App-Controlled Amenities: Misuse, deliberate override, or tampering with facility smart tech—including lighting arrays, smart TVs, soundbars, or environmental controls—may result in immediate revocation of app access and suite lease termination. --- 4. Client Intake, Lead Routing & AI Assistant * **Lead Routing Engine:** Apex Collective captures incoming multi-city client briefs and routes them to Resident Artists based on style, availability, and client criteria. Resident Artists retain full autonomy to accept or decline leads. No Guarantee of Service: Apex Collective acts solely as a venue and technology facilitator for client leads. We do not guarantee appointment completions, tattoo outcomes, or client payment processing for individual artist services. AI Studio Assistant: The Platform incorporates an automated AI assistant designed to draft response suggestions, log consultation notes, and address routine inquiries. You acknowledge that AI-generated suggestions are provided as tools for convenience, and artists remain solely responsible for the accuracy and professional tone of all outgoing client communications. --- 5. Embedded Financial & Banking Infrastructure Banking-as-a-Service (BaaS): Business checking/savings accounts, digital debit card issuance, and automated financial features are provided through our third-party FDIC-insured banking partners. By enrolling in embedded financial tools through the Platform, you agree to comply with our banking partners' respective terms of service and account agreements. Automated Waterfall Savings: Users may configure percentage-based automated sweeps (e.g., tax vault reserves, equipment funds, operating balances). Apex Collective is not liable for misallocated funds resulting from user-configured rules, insufficient balances, or bank-side processing delays. * **Needle-Hour Analytics:** Financial and operational reporting tools (e.g., billable needle-time tracking, session counts) provide estimates based on user inputs and rate configurations. These reports are for managerial convenience and do not constitute formal tax or accounting advice. --- 6. Health, Sanitation & Operational Compliance Resident Artists operating within Apex Collective facilities must strictly adhere to all applicable municipal, county, and state health regulations, including: * Maintaining active professional tattooing/body modification licenses and permits. * Maintaining current Bloodborne Pathogens (BBP) certification. * Mandatory use of internal touchless clinical sanitation equipment, including motion-sensor sinks, sensor soap dispensers, and wall-mounted biohazard and sharps disposal containers. * Proper handling, containment, and disposal of all hazardous waste in accordance with local health department mandates. Failure to maintain licensing or sanitation standards will result in immediate suspension of facility access. --- 7. Intellectual Property * **Collective Trademarks & Branding:** The names "Apex Collective," "Apex Tattoo Collective," associated logos, custom monogram crests, software interface designs, 3D suite renders, and proprietary app features are the exclusive intellectual property of Apex Tattoo Collective LLC. Artist Content & Artwork: Resident Artists retain full ownership of their original tattoo designs, artwork, flash sheets, and portfolio images uploaded to or shared across the Platform. By uploading content to public profile areas, artists grant Apex Collective a non-exclusive, royalty-free, worldwide license to display and feature the artwork for marketing and promotional purposes related to the Collective. --- 8. Prohibited Conduct When using the Platform or operating within Apex Collective facilities, you agree not to: * Violate any applicable federal, state, or local laws or health regulations. * Sublicense, sell, rent, or transfer your IoT keyless entry access or account credentials to unauthorized third parties. * Reverse engineer, decompile, or attempt to extract the source code of the Platform, smart-lock controls, or lead distribution algorithms. * Use the Platform to transmit fraudulent, harassing, defamatory, or deceptive communications. --- 9. Limitation of Liability & Disclaimers Platform "As Is": The Platform and facility smart technology are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. Limitation of Liability: To the maximum extent permitted by law, Apex Tattoo Collective LLC, its founders, officers, employees, and partners shall not be liable for any indirect, incidental, consequential, or punitive damages, including loss of profits, data, or business interruption, arising from your use of the Platform, facility downtime, IoT hardware outages, or third-party banking disruptions. Tattoo Services Disclaimer: Apex Collective is not a party to agreements made between Resident Artists and their individual clients regarding tattoo work, body modification procedures, healing outcomes, or pricing disputes. --- 10. Indemnification You agree to indemnify, defend, and hold harmless Apex Tattoo Collective LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or in any way connected with your access to or use of the Platform, your violation of these Terms, or your professional services rendered within an Apex Collective facility. --- 11. Termination Apex Collective reserves the right, in its sole discretion, to suspend or terminate your access to the Platform, IoT smart keys, or lead routing features without prior notice if you violate these Terms, breach lease terms, fail to maintain required licensing, or engage in conduct detrimental to the safety or operation of the Collective. --- 12. Governing Law & Dispute Resolution These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of or related to these Terms or the Platform shall be instituted exclusively in the state or federal courts located in California. --- 13. Changes to These Terms We reserve the right to modify these Terms at any time. Updated versions will be posted on this page with an updated "Last Updated" date. Your continued use of the Platform following the posting of revised Terms constitutes your acceptance of the modifications. --- 14. Contact Information For questions regarding these Terms of Use, please contact: Apex Tattoo Collective LLC Attn: Legal & Operations Email: info@apextattoo.co Website: www.apextattoo.co
