Terms of Service

Welcome to Marked Management. By creating an account, starting a free trial, or using any part of our platform, you agree to be bound by these Terms of Service and our Privacy Policy.

If you are using Marked Management on behalf of a business or organization, you represent that you have the authority to bind that entity to these terms. In that case, “you” refers to both you personally and the entity.

If you don't agree with any part of these terms, please don't use the platform. We'd be sad to lose you, but your informed consent matters.

To use Marked Management, you need to create an account. Here's what that means:

• ▸You must be at least 13 years old to create an account. Users under 18 require parental or guardian consent.
• ▸You agree to provide accurate, complete, and up-to-date information when registering.
• ▸You are responsible for maintaining the security of your password. Use a strong, unique password.
• ▸You are responsible for all activity that occurs under your account — whether or not you authorized it.
• ▸If you suspect unauthorized access, notify us immediately at admin@markedmanagement.com.
• ▸You may not share your account credentials with others (team accounts exist for a reason — see Section 8).
• ▸You may not create accounts for the purpose of circumventing restrictions or bans.

Marked Management is a subscription-based service. Here's how billing works:

Plans

• ▸We offer monthly and annual subscription plans. Pricing is listed on our website and subject to change with notice.
• ▸Annual plans are billed upfront for the full year and typically offered at a discount.

Auto-Renewal

• ▸Subscriptions renew automatically unless you cancel before your renewal date.
• ▸We'll send a reminder before annual renewals so you're never surprised.

Payment Processing

• ▸All payments are processed securely by Stripe. We never store your full credit card number on our servers.
• ▸By subscribing, you authorize us to charge your payment method on a recurring basis.

Cancellation

• ▸You can cancel your subscription at any time from your account settings.
• ▸Cancellations take effect at the end of your current billing period. You retain access until then.
• ▸We do not offer prorated refunds for partial months, except as required by law or at our discretion.

Refunds

• ▸If you believe you were charged in error, contact us within 30 days and we'll make it right.
• ▸Annual plan refund requests within 14 days of purchase will be considered on a case-by-case basis.

New accounts are eligible for a 7-day free trial on any paid plan. Here's what you need to know:

• ▸No credit card required to start the trial (unless otherwise stated at signup).
• ▸You get full access to the features of your selected plan during the trial.
• ▸If you add a payment method and don't cancel before the trial ends, you'll be charged for the first billing period.
• ▸Free trials are limited to one per person / per business. Creating multiple accounts to exploit the trial is a violation of these terms.
• ▸We reserve the right to modify or discontinue the free trial offer at any time.

Marked Management is built to help tattoo and piercing studios manage their business. With that access comes responsibility. You agree that you will not:

Illegal or Harmful Content

• ▸Upload, process, or distribute any content that is illegal under applicable law.
• ▸Use the platform to facilitate harassment, hate speech, threats, or abuse targeting any individual or group.
• ▸Upload content that depicts or promotes child sexual abuse material (CSAM). This is an absolute prohibition and will result in immediate account termination and reporting to the National Center for Missing & Exploited Children (NCMEC) and/or law enforcement without prior notice.

Copyright & Intellectual Property

• ▸Upload photos or media you do not own or have proper rights to use.
• ▸Use Marked Management to infringe on trademarks, copyrights, or other intellectual property rights of third parties.
• ▸Scrape or reproduce content from the platform for competitive purposes.

Explicit & Sensitive Content

• ▸Upload sexually explicit content without proper age verification, labeling, and compliance with applicable law (e.g., 18 U.S.C. § 2257).
• ▸Misrepresent the nature of your content to bypass content filters.

Platform Abuse

• ▸Attempt to reverse engineer, decompile, or hack the platform.
• ▸Interfere with or disrupt platform infrastructure, servers, or networks.
• ▸Use automated scripts or bots to interact with the platform in ways not supported by our published API.
• ▸Resell or white-label access to the platform without a written reseller agreement.

We reserve the right to remove content and/or suspend accounts that violate these rules, with or without prior notice depending on severity.

Your Content

You own your photos and content. Full stop. Uploading content to Marked Management does not transfer ownership to us.

However, by using the platform, you grant Marked Management LLC a limited, non-exclusive, royalty-free license to process your photos solely in order to provide the service — for example, to generate resized versions, process metadata, and deliver features you request. This license is scoped strictly to service delivery and does not include selling, licensing, or sharing your content with third parties.

The one exception is Marked Gallery. If you toggle the “Show on Google Images” option for specific photos, you grant us a broader license to publicly host and display those photos as described in Section 7.

Our Platform

The Marked Management platform — including the code, design, user interface, logos, documentation, algorithms, and all associated technology — is the intellectual property of Marked Management LLC and is protected by copyright, trademark, and other applicable laws.

• ▸You may not copy, distribute, modify, or create derivative works from any part of the platform.
• ▸The “Marked Management” name and logo are trademarks of Marked Management LLC. Don't use them without written permission.

Feedback

If you send us ideas, suggestions, or feedback, we may use them to improve the platform. We won't have any obligation to compensate you for feedback, and you waive any claim to it being confidential or proprietary.

Marked Gallery is an optional feature that lets you publicly host your photos for indexing by Google Images and other search engines — helping your content get discovered organically.

Opt-In Only

The Marked Gallery is strictly opt-in. Photos are neverpublicly hosted without your explicit action. You must toggle “Show on Google Images” on a per-photo basis to include it in your gallery.

License Grant for Gallery Photos

When you toggle a photo into Marked Gallery, you grant Marked Management LLC a non-exclusive, worldwide, royalty-free license to:

• ▸Store the photo on our servers and CDN
• ▸Publicly display the photo at your gallery URL
• ▸Serve the photo to search engine crawlers for indexing
• ▸Apply technical optimizations (compression, format conversion) for delivery

Revoking Gallery Access

You can remove any photo from your Marked Gallery at any time by toggling off “Show on Google Images.” Once removed:

• ▸The photo will no longer be publicly accessible on our platform.
• ▸We will delete the stored copy from our servers and CDN within 30 days.
• ▸We cannot guarantee immediate removal from search engine caches — that is outside our control.

Your Responsibility

You are solely responsible for the photos you choose to make public via Marked Gallery. Ensure you have rights to the images and that they comply with applicable laws, our Acceptable Use policy, and our DMCA/Copyright Policy.

Marked Management provides electronic intake forms and digital signature capabilities for studios to collect client consent prior to services.

Legal Validity of Digital Signatures

• ▸Electronic signatures collected through Marked Management intake forms are legally binding under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the Uniform Electronic Transactions Act (UETA).
• ▸Digital signatures carry the same legal weight as handwritten signatures for consent, release of liability, and service authorization forms.
• ▸Signed intake records are timestamped and stored with the associated client record for the studio's reference.

Government-Issued ID Verification

• ▸Studios may use the ID capture feature to verify client age prior to services. This is entirely optional but recommended for compliance with age-restricted services.
• ▸By using the ID capture feature, studios agree to handle captured ID images in compliance with applicable state and federal laws governing identity document retention.
• ▸Clients retain the right to request deletion of their captured ID data; studios are responsible for honoring such requests.

Photo Consent & Release

• ▸Studios using the photo consent feature in intake forms represent that they will only photograph and publish client work for which explicit consent has been granted.
• ▸Photo consent is a separate, opt-in field and must not be bundled with service consent in a way that makes it appear mandatory.
• ▸Studios are solely responsible for compliance with applicable model release laws, privacy laws, and social media platform policies when publishing client photos.
• ▸Marked Management provides the consent collection tool but does not independently verify or enforce that consent was properly obtained before publication.

Studios using the SMS messaging features of Marked Management (powered by Twilio) agree to comply with the Telephone Consumer Protection Act (TCPA) and all applicable state telemarketing laws.

Your Obligations as a Studio

• ▸Obtain explicit consent before sending any marketing or promotional SMS messages. Prior express written consent is required for marketing messages under TCPA.
• ▸Honor opt-outs immediately. When a client replies STOP, UNSUBSCRIBE, or similar, you must not send further messages. Twilio handles automated opt-out responses; studios must not circumvent these.
• ▸Maintain consent records. Studios are responsible for keeping records of client consent to receive SMS communications.
• ▸Identify yourself. All marketing SMS messages must identify the business sending the message.
• ▸Do not use SMS messaging for illegal, deceptive, or harassing purposes.

Transactional vs. Marketing Messages

• ▸Transactional messages (appointment reminders, booking confirmations, aftercare instructions): May be sent under the existing service relationship, but clients must still have a reasonable expectation of receiving them.
• ▸Marketing messages (promotions, specials, upsells): Require prior express written consent. Clients must have affirmatively opted in to receive marketing communications.

Studios that use the social media publishing features (Instagram, Facebook, TikTok) agree to the following terms.

Platform Authorization

• ▸By connecting a social media account via OAuth, you authorize Marked Management to publish content to that account on your behalf.
• ▸You remain the owner of your social media accounts and are responsible for all content published through the platform.
• ▸You may revoke authorization at any time through the Marked Management dashboard or through your social platform's account security settings.

Content Responsibility

• ▸You are solely responsible for the content you publish through Marked Management to social platforms, including compliance with each platform's terms of service and community guidelines.
• ▸You represent that you have all necessary rights, licenses, and consents for the content you publish — including but not limited to client photo consent, copyright clearance, and applicable releases.
• ▸Marked Management LLC is not responsible for content removed or accounts penalized by social platforms due to policy violations.

Third-Party Platform Terms

Your use of social media publishing features is additionally governed by the terms of each connected platform. By using these features, you agree you have read and comply with:

• ▸Meta Terms of Service and Platform Policy
• ▸TikTok Terms of Service and Developer Terms

Marked Management may integrate with multiple platforms — including Paid2Say (our platform), connected POS systems (Square, Clover), and social media — to provide a unified studio management experience.

Marked Management Platform

• ▸Your account data (email, subscription status, shop profile) is used solely to provide the Marked Management platform.

POS Integration (Square, Clover)

• ▸When you connect a POS system, Marked Management accesses sales data, transaction records, and location information as permitted by the OAuth scopes you authorize.
• ▸This data is used solely to populate your Marked Management dashboard (revenue tracking, invoice reconciliation). It is not sold or shared with third parties.
• ▸POS access tokens are stored encrypted. You can disconnect your POS at any time from the integrations dashboard.

What We Do Not Share

• ▸Client personal data (names, phone numbers, health disclosures, signatures) is never shared across platforms without explicit consent.
• ▸Studio financial data from POS integrations is not shared with social platforms or advertising networks.
• ▸We do not sell cross-platform data to data brokers or advertisers.

Team accounts let you invite colleagues, employees, or collaborators to share access to your Marked Management workspace with defined roles and brand controls.

• ▸The account owner (the person who created and holds the subscription) is responsible for all activity that occurs within the team workspace — including actions by invited members.
• ▸You are responsible for managing team member access. Remove users promptly when they should no longer have access.
• ▸Team members must comply with these Terms of Service. If a team member violates these terms, the account owner bears responsibility.
• ▸The account owner controls billing. Adding team members may affect pricing based on your plan tier.
• ▸Content uploaded by team members is subject to the same terms as content uploaded by the account owner.

Your privacy matters to us. How we collect, use, and protect your data is detailed in our Privacy Policy, which is incorporated by reference into these Terms.

• ▸Client-side processing: By default, your photos are processed directly in your browser. They are not uploaded to our servers unless you explicitly enable Marked Gallery for a photo.
• ▸What we collect: Account information (email, name), subscription data, and usage analytics to improve the platform.
• ▸We do not sell your data to third parties.

Please read the full Privacy Policy to understand your rights and our obligations.

If you work in healthcare or handle patient data, here's what you need to know:

• ▸Our Medical tier (coming soon) will include a Business Associate Agreement (BAA) and enhanced security controls designed for HIPAA compliance.
• ▸If you are on a standard plan (Starter, Pro, or equivalent), do not upload, process, or store any images or metadata that constitute PHI.
• ▸Signing up for Marked Management on a standard plan does not make us a Business Associate under HIPAA. A BAA must be separately executed.
• ▸To inquire about the Medical tier and BAA, contact us at admin@markedmanagement.com.

Marked Management LLC expressly disclaims liability for HIPAA violations resulting from use of standard plans for PHI processing.

We work hard to keep Marked Management reliable and useful. But software has limits. Here's our liability disclaimer:

No Warranties

Marked Management is provided “as is” and “as available.” We make no warranties — express or implied — including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that:

• ▸The platform will be uninterrupted, error-free, or always available
• ▸Results or outputs will meet your specific expectations
• ▸Any bugs or errors will be fixed on a particular timeline

Liability Cap

To the maximum extent permitted by law, Marked Management LLC's total liability to you for any claim arising out of or related to these Terms or your use of the platform shall not exceed the greater of (a) the amount you paid us in the 3 months preceding the claim, or (b) $100 USD.

Exclusion of Consequential Damages

In no event shall Marked Management LLC be liable for any indirect, incidental, punitive, special, or consequential damages — including loss of revenue, loss of data, loss of business opportunities, or harm to reputation — even if we were advised of the possibility of such damages.

Some jurisdictions do not allow certain limitations of liability. If you are in such a jurisdiction, the above may not fully apply to you.

Cancellation by You

You can cancel your account at any time from your account settings. Cancellation ends future billing at the end of your current period. Your data will be retained for 30 days after cancellation in case you change your mind, then deleted per our Privacy Policy.

Termination by Us

We may suspend or terminate your account if you:

• ▸Violate any part of these Terms of Service
• ▸Engage in abusive, fraudulent, or illegal activity
• ▸Fail to pay for your subscription after repeated attempts
• ▸Take actions that harm other users or the platform

For serious violations (e.g., CSAM, illegal content), termination is immediate and without notice. For other violations, we'll generally try to notify you and give you an opportunity to correct the issue first.

Effect of Termination

• ▸Your access to the platform ends immediately upon termination.
• ▸Data retained under our Privacy Policy will be deleted on schedule.
• ▸Gallery photos will be removed within 30 days.
• ▸You remain responsible for any outstanding charges.
• ▸Provisions of these Terms that should logically survive termination (IP ownership, limitation of liability, dispute resolution) will continue in effect.

We may update these Terms of Service from time to time as the platform evolves. Here's our commitment:

• ▸We will notify you of material changes via email at least 14 days before they take effect.
• ▸The updated terms will also be posted on this page with a new “Last Updated” date.
• ▸Continuing to use Marked Management after changes take effect constitutes acceptance of the new terms.
• ▸If you disagree with a material change, you may cancel your account before the change takes effect.

We're not in the business of sneaky bait-and-switch. If something important changes, we'll tell you clearly.

These Terms are governed by the laws of the State of Texas, without regard to its conflict of law principles. Any legal action or proceeding related to these Terms will be brought exclusively in the state or federal courts located in Texas.

By using Marked Management, you consent to the personal jurisdiction of those courts.

We'd much rather resolve issues directly than through lawyers and courts. If you have a problem, start here:

Step 1 — Contact Us

Email us at admin@markedmanagement.com describing your issue. We'll respond within 5 business days and work in good faith to resolve it.

Step 2 — Informal Negotiation

If direct contact doesn't resolve the dispute, both parties agree to attempt good-faith informal negotiation for at least 30 days before pursuing formal legal action.

Step 3 — Binding Arbitration

If informal resolution fails, disputes shall be resolved through binding arbitration under the rules of the American Arbitration Association (AAA), conducted in Texas.

• ▸Class action waiver: You agree to resolve disputes individually. You waive any right to participate in a class action lawsuit or class-wide arbitration.
• ▸Exceptions: Either party may seek emergency injunctive relief in court without first pursuing arbitration.
• ▸Small Claims: Either party may pursue claims in small claims court for disputes within that court's jurisdiction.

Questions about these Terms? Something not covered here? We're real humans — reach out.

• ▸Email: admin@markedmanagement.com
• ▸Website: markedmanagement.com
• ▸Company: Marked Management LLC, Texas