NORMAN ARTIST & STUDIO TERMS OF SERVICE
PLEASE READ THIS TERMS OF SERVICE AGREEMENT ("AGREEMENT" OR "TERMS") CAREFULLY BEFORE CREATING AN ACCOUNT OR USING THE NORMAN SOFTWARE PLATFORM. THIS IS A BINDING LEGAL CONTRACT BETWEEN HOWE HOLDINGS LLC, A CALIFORNIA LIMITED LIABILITY COMPANY DBA NORMAN ("NORMAN," "WE," "US," OR "OUR"), LOCATED AT 7960B SOQUEL DRIVE #135, APTOS, CA 95003, AND THE ARTIST, PRACTITIONER, STUDIO, OR BUSINESS ENTITY CREATING AN ACCOUNT OR ACCESSING THE SERVICES ("ARTIST," "STUDIO," "YOU," OR "YOUR").
BY CREATING AN ACCOUNT, CLICKING "I AGREE," EXECUTING AN ORDER FORM, OR USING THE PLATFORM, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A STUDIO OR BUSINESS ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS.
1. DEFINITION OF SERVICES & PLATFORM ROLE
1.1 Software Platform: Norman provides administrative business software tailored for body art professionals, including client intake, custom waiver and consent form generation, digital appointment booking, client communication tools, state-mandated compliance record archiving, white-labeled client web links, and related technology tools (collectively, the "Services" or "Platform").
1.2 Data Host / Service Provider Classification: Norman operates strictly as a technology host, software provider, and data processor/service provider under applicable state privacy laws. Norman is NOT a health care provider, legal counsel, regulatory agency, or party to any contract or waiver executed between an Artist/Studio and a client.
1.3 No Legal Advice: Default consent form templates, intake questionnaires, and state retention schedules provided by Norman are for administrative convenience only and do not constitute legal advice. You remain solely responsible for ensuring that your client intake, waivers, and business practices comply with local, county, state, and federal laws.
2. WHITE-LABEL ARCHITECTURE & AGENCY REPRESENTATION
2.1 Agency Representation & Authorized Processor: Artist acknowledges and agrees that Norman operates solely as a technology service provider and authorized data processor. When Norman displays, transmits, presents, or collects booking agreements, health disclosures, client questionnaires, deposit policies, or consent and waiver forms ("Client Records") to or from Artist's clients ("Clients") via designated web links, URLs, custom domains, or embedded interfaces, Norman acts strictly on behalf of and at the direction of Artist as Artist's authorized technology agent. Norman does not enter into a contractual or fiduciary relationship with Clients regarding body art procedures, services, studio policies, or health advisories.
2.2 Pass-Through Client Terms & Disclosures: Artist is solely responsible for determining, presenting, and enforcing all terms, conditions, deposit policies, cancellation rules, health requirements, and legal disclosures applicable to its Clients. Artist represents and warrants that: (1) All studio policies, booking rules, custom questions, and health waivers configured, uploaded, or hosted via the Service comply with all applicable local, municipal, state, and federal laws; and (2) Artist will ensure Clients receive clear, conspicuous notice of and give affirmative legal consent to Artist's booking, deposit, and waiver terms prior to performing any body art procedure.
2.3 No Third-Party Beneficiaries: Clients are not third-party beneficiaries of this Agreement. Nothing in these Terms creates any direct contractual relationship, warranty, or duty between Norman and any Client visiting an Artist's white-labeled booking link or completing a consent form.
3. ACCOUNT REGISTRATION, SECURITY & MULTI-FACTOR AUTHENTICATION
3.1 Account Creation: Artist must provide accurate, complete, and current information when registering for an account, including business name, physical studio address, state body art license details, and contact information.
3.2 Mandatory Multi-Factor Authentication (MFA): To ensure compliance with public health privacy mandates and secure electronic signature validity, Artist agrees to enable and maintain Multi-Factor Authentication (MFA) on its account. Artist is strictly prohibited from sharing authenticated sessions or permitting unauthorized individuals to execute countersignatures under its login.
4. DATA PRIVACY, RETENTION & STATE COMPLIANCE
4.1 State Health Department Retention Mandates: Artist acknowledges that state body art regulations impose specific record retention mandates for completed procedures (e.g., maintaining client consent records and government ID verifications on-site or in secure archives for periods ranging from 2 years to permanent retention depending on jurisdiction). Norman's automated archiving engine stores completed Client Records in accordance with configured state rules.
4.2 Non-Procedure Records & Automated Purge: For booking records, questionnaires, or consent submissions where the Client fails to show up for the appointment or no body art procedure is performed, Artist agrees that Norman may automatically purge such unexecuted records after thirty (30) calendar days from the scheduled date, unless Artist manually places a legal hold on the specific record within the Platform.
4.3 CCPA / CPRA Service Provider Compliance: Under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), Howe Holdings LLC (dba Norman) acts as a designated "Service Provider." Norman shall not retain, use, sell, rent, lease, or disclose Client Records for any purpose other than performing the software services specified in this Agreement.
5. SUBSCRIPTIONS, BILLING & AUTOMATIC RENEWAL (CALIFORNIA ARL)
5.1 Subscription Plans: Access to the Platform is provided on a recurring subscription basis (monthly or annually).
5.2 California Auto-Renewal Notice: BY PURCHASING A SUBSCRIPTION, ARTIST EXPRESSLY AUTHORIZES NORMAN TO AUTOMATICALLY CHARGE THE DESIGNATED PAYMENT METHOD ON A RECURRING BASIS (MONTHLY OR ANNUALLY) AT THE PREVAILING SUBSCRIPTION RATE UNTIL CANCELED. ARTIST MAY CANCEL THE SUBSCRIPTION AT ANY TIME VIA ACCOUNT SETTINGS OR BY EMAILING HELLO@MEETNORMAN.APP. CANCELLATION WILL TAKE EFFECT AT THE END OF THE CURRENT BILLING CYCLE.
5.3 Fees & Taxes: All fees are non-refundable except as expressly required by law. Artist is responsible for all applicable sales, use, or service taxes.
6. INTELLECTUAL PROPERTY & CONTENT RIGHTS
6.1 Platform Ownership: Norman retains all rights, title, and interest in and to the Platform, including software code, UI design, trademarks, underlying algorithms, and standard legal form templates ("Norman IP").
6.2 Artist Content & Client Data: Artist retains ownership of all proprietary branding, logos, studio images, custom form questions, and Client Data uploaded to the Platform. Artist grants Norman a non-exclusive, worldwide, royalty-free license to host, display, transmit, and process Artist Content strictly as necessary to deliver the Services.
7. REPRESENTATIONS & WARRANTIES
Artist represents, warrants, and covenants that: (1) Artist and its practitioners hold all valid, active state, county, and municipal permits, licenses, and certifications required to perform body art procedures in every jurisdiction where they operate; (2) Artist shall comply with all state health codes, sterilization rules, age verification laws, and environmental safety regulations; (3) Artist will not use the Platform to upload unlawful, deceptive, or fraudulent content.
8. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NORMAN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NORMAN DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FULLY COMPLIANT WITH FUTURE HEALTH LEGISLATION IN EVERY LOCAL JURISDICTION.
9. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (1) INDIRECT DAMAGES: IN NO EVENT SHALL NORMAN, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR USE OF THE PLATFORM. (2) CAP ON LIABILITY: NORMAN'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL AMOUNT OF SUBSCRIPTION FEES PAID BY ARTIST TO NORMAN IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
10. INDEMNIFICATION & CLIENT DISPUTES
10.1 Client Dispute & Chargeback Indemnification: Artist agrees to defend, indemnify, and hold harmless Norman, Howe Holdings LLC, its officers, directors, members, employees, contractors, and agents from and against any and all third-party claims, liabilities, losses, damages, expenses, fines, penalties, or costs (including reasonable attorneys' fees and legal costs) arising out of or related to: (1) Any claim, injury, allergic reaction, infection, or dispute between Artist and a Client regarding body art procedures performed, studio services, deposits, payments, cancellations, or credit card chargebacks; (2) Any failure by Artist to obtain legally valid, binding consent, age verification, or liability waivers from Clients; (3) Any claim by a Client alleging violation of privacy, wiretapping, or data protection rights stemming from Client Records collected, processed, or stored via Artist's custom white-labeled links; or (4) Artist's breach of any representation, warranty, or obligation under this Agreement or violation of any state or local body art regulation.
11. TERM, CANCELLATION & COLD ARCHIVE
11.1 Term & Cancellation: This Agreement remains in effect until terminated. Artist may cancel at any time via Platform account settings or by emailing hello@meetnorman.app.
11.2 Cold Archive Conversion: In the event of account cancellation or closure: (a) Artist will be provided an opportunity to export a complete, encrypted archive of all historical client PDF records and audit logs. (b) Norman will retain existing client records in a secure, passive cold archive strictly until each record's statutory retention expiration date passes, at which point the automated retention engine will purge them. Norman will not purge active statutory health records early upon account closure to protect against evidence spoliation and regulatory non-compliance.
12. GOVERNING LAW, ARBITRATION & VENUE (CALIFORNIA)
12.1 Governing Law: This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of California, without regard to its conflict of law principles.
12.2 Binding Arbitration in Santa Cruz County: Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof shall be determined by binding individual arbitration administered by JAMS or the American Arbitration Association (AAA) in Santa Cruz County, California.
12.3 Class Action Waiver: YOU AND NORMAN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
13. NOTICES & CONTACT INFORMATION
All formal legal notices to Norman shall be delivered in writing to:
Howe Holdings LLC (dba Norman)
Attn: Legal Department
7960B Soquel Drive #135
Aptos, CA 95003
Email: hello@meetnorman.app