Terms & Conditions

Eligibility

You must be at least 18 years old, or the age of majority where you live if that is higher, to create an account or use Memento. By creating an account you confirm that you meet this requirement. Body-modification procedures may have their own legal age and consent rules where you live.

Booking for someone under 18? A parent or legal guardian creates the account and books on the minor’s behalf, and the account and this agreement belong to the adult. By booking for a minor you confirm that you are their parent or legal guardian with authority to consent for them, that you will be present wherever the law or the studio requires it, and that you are responsible for the booking and for the information you give about them. The studio handles consent in person under the law where it operates, which usually means a guardian present with ID.

Do not let a minor use your account, and do not submit photos of a minor’s body for public display, such as a healed-result photo. Memento is not for under-18s: it shows photographs of tattoo and piercing work, including on parts of the body that clothing normally covers, and allows private messaging with adults you have not met. If we learn that someone under 18 is using an account, we may close it.

What Memento is (and isn’t)

Memento helps customers discover body-modification artists and studios and request appointments with them. We do not provide tattoo, piercing, or other body-modification services, we do not employ or supervise artists, and we are not a party to any agreement between you and an artist or studio.

Artists are independent businesses. They are not our employees, contractors, partners, or agents, and we do not control how, when, or whether they do their work. Artists are solely responsible for the services they offer, their licensing, permits and insurance, their compliance with health and safety law, and the safety and outcome of their work.

We do not verify artists’ licenses, certifications, credentials, or listings unless we clearly say that we have. A badge or label in the app means only what the app says it means: “Verified healed”, for example, means the artist approved a photo a client submitted, not that we checked it. Studio listings may come from third-party sources such as OpenStreetMap and Google and may be incomplete or out of date.

Health, safety and your own judgment

Tattoos, piercings and other body modifications carry inherent risks, including pain, bleeding, infection, allergic reaction, scarring, keloids, migration or rejection of jewelry, and results that differ from what you expected. Some of these risks exist even when the work is done carefully and aftercare is followed. You decide whether to get a procedure and which artist to use, and you accept those risks.

Memento is not a medical service. The aftercare timeline, the healing check-in and “Is This Infected?” checklist, and anything an artist tells you through Memento are general information, not medical advice, diagnosis, or treatment. Artists are not medical professionals. If you have signs of infection (spreading redness, heat, pus, red streaks, or fever) or any other health concern, see a doctor. In an emergency, call 911 or your local emergency number.

Tell your artist about any allergy, condition, or medication that could affect your procedure. Answering the intake form accurately is your responsibility.

Your account

Give accurate information and keep your login credentials secure. You are responsible for activity under your account, and you must tell us promptly at support@mementomods.app if you think someone else has used it. We recommend turning on two-factor authentication. You may not sell, transfer, or share your account.

You agree that we may send you notices, receipts and other communications electronically, in the app, by push notification, or by email, and that these satisfy any legal requirement that communications be in writing.

Bookings

Booking through Memento sends a request to the artist, who may confirm, decline, reschedule, or cancel it. A booking is not confirmed until the artist confirms it.

Artists set their own services, prices, hours, and cancellation, no-show and rescheduling policies. Read them before you book. Disputes about the service itself, such as its quality, timing, or price, are between you and the artist, although you can report an artist to us (see “Content standards, reporting and blocking”).

Payments, deposits and fees

In-app payments are not available in every version of Memento or to every artist. Where they are available, the rules in this section apply.

Payments are processed by Stripe. By paying, you authorize the charge and agree to Stripe’s terms. We never see or store your full card number.

Deposits. An artist may require a deposit to hold a booking. It is collected when you book, and it is not paid out to the artist until the appointment has been confirmed as having happened. There are three ways that happens: you give your artist the code shown on your appointment card and they enter it; or you confirm in the app that the appointment happened; or, where your artist closes the booking without your code, we ask you whether it happened, and if you neither confirm nor report a problem within 72 hours of being asked, the deposit is released to them. Nothing releases a deposit on the passage of time by itself: if your artist never closes the booking, and we therefore never ask you, the deposit stays where it is.

If something went wrong. If the appointment did not happen, or your artist did not perform it, report a problem on the booking in the app. That stops the deposit being released and brings it to us to review, whatever stage it had reached. If the artist declines or cancels the booking, or does not perform the appointment, your deposit is refunded in full. We may ask both of you for details and we decide on what we are shown, including whether your code was used — which can only happen in person. Reporting a problem does not remove your right to raise the matter with your bank or under the law, though we would rather you came to us first.

If you cancel or do not show up, the cancellation policy the artist showed when you booked decides whether you get the deposit back. If the artist has no stated policy, the deposit is non-refundable once you cancel or miss the appointment. Any refund the law requires is always available.

New artists. Where an appointment is confirmed with the code from your appointment card, the deposit is released to the artist as soon as they enter it. Otherwise, for an artist’s first three payouts, we hold a released deposit for seven days after the appointment before paying it out. It is a fraud control, it applies to every artist when they start, and it does not change what you are owed either way.

Fees. We may charge a platform or service fee. Any fee you pay is shown before you confirm the payment, and any fee an artist pays is shown in their payout details.

Payment collection. When you pay for an artist’s services through Memento, we act as the artist’s limited agent for the sole purpose of accepting that payment. Once our payment processor receives your payment, your obligation to pay the artist that amount is satisfied.

Problems with a charge. Please contact the artist, or us at support@mementomods.app, before disputing a charge with your bank, so we can try to put it right.

Artist payouts. Payment processing services for artists on Memento are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms or continuing to operate as an artist on Memento, you agree to be bound by the Stripe Services Agreement, as Stripe may modify it from time to time. As a condition of Memento enabling payment processing services through Stripe, you agree to provide Memento accurate and complete information about you and your business, and you authorize Memento to share it, and transaction information related to your use of the payment processing services provided by Stripe.

If you are an artist

If you list as an artist, you promise that your services, prices, availability, location and credentials are accurate and kept up to date; that you hold every license, permit and registration your work requires; that you follow all applicable laws and health and safety rules; and that you carry any insurance your jurisdiction or studio requires.

You are responsible for your own client relationships: obtaining informed consent, checking age and ID, following your own published policies, and meeting any legal requirement to keep client records. Memento stores the intake and consent forms your clients sign through the app on your behalf, but does not take over your legal obligation to keep them.

You are responsible for your own taxes. Stripe may issue tax forms, such as a Form 1099-K, for your payouts. You are also responsible for refunds, chargebacks and related fees on your own transactions, and we may recover those amounts from your future payouts where our payment processor allows it.

Some of your profile is public by design: your name and handle, bio, services and prices, hours, the shops you work at, your portfolio, the healed photos you approve and, if you turn on travel, the dates and cities of your guest spots. Only publish what you are comfortable with anyone seeing.

Only post work you created or have the right to post, and only post photos of people who have agreed to it.

Acceptable use

You agree not to:

• break the law, or use Memento for fraud, harassment, threats, stalking, or discrimination;

• impersonate anyone, including an artist or studio, or misrepresent your credentials;

• post content you do not have the right to post, or that breaks the content standards below;

• scrape, copy, or harvest data from Memento, or access it with bots or other automated tools, except as we allow in writing;

• reverse engineer, decompile, or interfere with Memento, get around its security or rate limits, or try to access accounts or data that are not yours;

• use Memento to send spam or unsolicited advertising.

Content standards, reporting and blocking

Memento shows work posted by its users, so there is a line: no sexually explicit or pornographic content, no nudity beyond what depicting a piercing or tattoo placement genuinely requires, nothing hateful, harassing, or threatening, no content involving minors, and no work that is not yours to post.

Report anything that crosses it, using the menu on an artist’s page or on a photo in the viewer. We aim to review reports promptly, usually within 24 hours, and we remove content or accounts that break these rules. You can also block an artist, which hides their work from you immediately; they are not told.

We may review, screen, or remove any content, but we are not required to, and we are not responsible for content that users post.

Your content

You keep ownership of what you submit, such as profile details, portfolio and healed photos, designs, and messages (“your content”). You are responsible for your content, and you confirm that you have every right needed to share it, including the permission of anyone shown in it.

You grant Xenith Studios a worldwide, non-exclusive, royalty-free, transferable and sublicensable license to host, store, reproduce, adapt (for example to resize, compress, crop, or watermark), display, distribute, and otherwise use your content to operate, improve, and promote Memento. We sublicense it only to service providers that help us run Memento, and to other users as the features you use require. The license ends when you delete the content or your account, except for copies other users already hold, records we keep as our Privacy Policy describes, and backups that are overwritten on their normal cycle.

Healed-result photos. When you submit a healed photo to an artist, you agree that if the artist approves it, it will be shown publicly on their Memento portfolio as a verified healed result, together with the caption and details you added. You confirm that the photo shows you, or that you have the pictured person’s permission, and that it does not show a minor. Deleting your account removes it. You can also ask us to remove it at any time at support@mementomods.app.

Feedback. If you send us ideas or suggestions, we may use them without any obligation to you.

Copyright complaints

We respond to notices of alleged copyright infringement under the U.S. Digital Millennium Copyright Act. If you believe content on Memento infringes your copyright, send our designated agent a notice that includes: your physical or electronic signature; identification of the copyrighted work; identification of the material you say is infringing and where it appears on Memento (a link or the artist’s handle, for example); your contact information; a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and a statement, under penalty of perjury, that the information in your notice is accurate and that you are the owner or authorized to act for the owner.

Designated agent: Xenith Studios, Attn: Copyright Agent, 1201 Princeton Ave, Bakersfield, CA 93305-1121, support@mementomods.app (subject line “Copyright notice”).

If your content was removed and you believe that was a mistake or a misidentification, you may send a counter-notice to the same address with: your physical or electronic signature; identification of the removed material and where it appeared; a statement, under penalty of perjury, that you have a good-faith belief the material was removed by mistake or misidentification; your name, address and telephone number; and a statement that you consent to the jurisdiction of the federal district court for your address (or, if you are outside the United States, any judicial district in which we may be found) and will accept service of process from the person who sent the original notice.

We terminate the accounts of repeat infringers in appropriate circumstances.

Our rights in Memento

Memento, including the app, website, software, design, logos and the Memento name, belongs to Xenith Studios and its licensors and is protected by intellectual-property law. As long as you follow these Terms, we give you a personal, revocable, non-exclusive, non-transferable license to install and use the app for its intended purpose. No other rights are granted.

Third-party services

Memento relies on and links to services we do not control, including Stripe, Google, OpenStreetMap, the Apple and Google app stores, and artists’ social-media pages. Their own terms and privacy policies govern your use of them, and we are not responsible for them.

Disclaimers

MEMENTO IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, XENITH STUDIOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THE QUALITY, SAFETY, LEGALITY, OR OUTCOME OF ANY ARTIST’S SERVICES; THE ACCURACY, AVAILABILITY, OR CREDENTIALS OF ANY LISTING; OR THAT MEMENTO WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

Some jurisdictions do not allow certain warranties to be excluded, so some of the above may not apply to you.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) XENITH STUDIOS AND ITS OWNERS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL; (B) WE ARE NOT LIABLE FOR THE ACTS, OMISSIONS, SERVICES, OR CONDUCT OF ANY ARTIST, STUDIO, OR OTHER USER, INCLUDING ANY INJURY, ILLNESS, OR DISSATISFACTION RESULTING FROM A PROCEDURE; AND (C) OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO MEMENTO OR THESE TERMS IS LIMITED TO THE GREATER OF ONE HUNDRED U.S. DOLLARS (US$100) OR THE FEES YOU PAID TO XENITH STUDIOS (NOT TO ARTISTS) IN THE 12 MONTHS BEFORE THE CLAIM AROSE.

These limits apply whatever the legal theory, even if we were told that the damage was possible, and even if a limited remedy fails of its essential purpose. They do not limit any liability that the law does not allow to be limited. Some jurisdictions do not allow these limitations, so some of them may not apply to you.

Release

Your agreement for a procedure is with the artist. To the fullest extent permitted by law, you release Xenith Studios and its owners, officers, employees and agents from all claims, demands and damages of every kind, known and unknown, arising out of or connected with any dispute with an artist, studio, or other user, or with any procedure you booked through Memento.

If you are a California resident, you waive California Civil Code section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you live elsewhere, you waive any similar law.

Indemnification

You will defend, indemnify, and hold harmless Xenith Studios and its owners, officers, employees and agents from any claims, losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising from: your content; your use or misuse of Memento; your breach of these Terms or of any law; your violation of anyone’s rights; and, if you are an artist, the services you provide, your dealings with clients, and your compliance with licensing, health, safety, tax and record-keeping law. We may take over the defense of any claim, and if we do, you will cooperate with us.

Deleting your account

You can permanently delete your account at any time from Account Settings → Delete account. Deletion is irreversible.

Before your account is deleted, we settle any money in flight: held deposits are refunded and upcoming bookings are cancelled. If you are an artist, deposits you have already earned are released to your payout account where possible.

We then remove your personal details and disable your login. Some records are kept in a de-identified form. Past bookings and quotes remain available to the other party involved, signed intake and consent forms are retained with restricted access, and payment and transaction records are kept, so that the other person keeps their records and we meet legal, tax, and financial-compliance obligations. See our Privacy Policy for details.

Suspension and termination

You may stop using Memento and delete your account at any time (see above).

We may suspend, restrict, or terminate your account or your access to Memento at any time, with or without notice, if we believe you have broken these Terms or the law, if we judge you to be a risk to other people on Memento, or if we need to for legal, security, or operational reasons. For example, we may act on an account we believe is being used to harass someone, to impersonate an artist, or to post content that breaks the rules above. We may also stop offering Memento or any part of it.

Where we can, we will tell you what happened and why, and you can appeal to support@mementomods.app; we aim to reply within a few days. Suspension hides an artist’s profile and work from other people while it is in place. It does not delete anything, and it can be lifted. Suspension or termination never lets us keep money we owe you; deposits and payouts are handled as described under “Payments, deposits and fees”.

Any part of these Terms that by its nature should survive termination does, including “Your content” (for copies we keep), “Disclaimers”, “Limitation of liability”, “Release”, “Indemnification”, “Disputes”, “Governing law” and “General”.

Disputes

Most problems can be fixed quickly. Before bringing a formal claim against us, email support@mementomods.app with a description of the dispute and the outcome you want, and give us 60 days to try to resolve it informally. We will do the same before bringing a claim against you.

If we cannot resolve it, any claim relating to Memento or these Terms must be brought in the state or federal courts located in Kern County, California, and you and we consent to the personal jurisdiction of those courts. Either of us may instead bring an individual claim in small-claims court if it qualifies.

To the extent the law allows, any claim relating to Memento or these Terms must be brought within one year after it arose.

Changes to these Terms

We may update these Terms. If a change is material, we will tell you in the app or by email at least 14 days before it takes effect, unless the change is required by law or needed to address a safety risk, in which case it may take effect sooner. We may ask you to accept the updated Terms before you continue using Memento.

If you do not agree to a change, stop using Memento and delete your account before the change takes effect. If you keep using Memento after that, you accept the change. Changes do not apply to disputes that arose before they took effect.

Governing law

These Terms are governed by the laws of the State of California and applicable U.S. federal law, without regard to conflict-of-laws rules. If you are a consumer, you keep any protection that the law where you live gives you and that cannot be waived by contract.

Notice for California users

Under California Civil Code section 1789.3, California users are entitled to the following notice. Memento is provided by Xenith Studios, 1201 Princeton Ave, Bakersfield, CA 93305-1121, support@mementomods.app. We do not currently charge a fee to create an account or use Memento; any fee for a payment made through Memento is shown before you confirm it. You may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

App store terms

If you downloaded Memento from Apple’s App Store, these Terms are between you and Xenith Studios, not Apple. Apple is not responsible for Memento or its content and has no obligation to provide maintenance or support for it. To the maximum extent permitted by law, Apple has no warranty obligation for Memento; if Memento fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. Xenith Studios, not Apple, is responsible for handling any claims relating to Memento, including product-liability claims, claims that it fails to conform to a legal or regulatory requirement, claims under consumer-protection, privacy or similar laws, and claims that it infringes someone’s intellectual property. You confirm that you are not located in a country subject to a U.S. government embargo or designated by the U.S. government as a “terrorist supporting” country, and that you are not on any U.S. government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

If you downloaded Memento from Google Play, Google Play’s terms also apply to your download.

General

These Terms, together with the policies they refer to, are the entire agreement between you and us about Memento. If any part of them is found unenforceable, the rest stays in effect and that part is enforced to the maximum extent the law allows. If we do not enforce a provision, that is not a waiver of it. You may not assign these Terms without our consent; we may assign them, including in a merger, acquisition, or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control. Headings are for convenience only, and “including” means “including without limitation”.

Contact

Questions about these Terms? Contact Xenith Studios at 1201 Princeton Ave, Bakersfield, CA 93305-1121, or at support@mementomods.app.