BLINK B.V.
Wavrr — General Terms and Conditions
These Terms and Conditions govern the use of the Wavrr software-as-a-service platform operated by Blink B.V., including the studio dashboard, the consent waiver and tools, and any related services for studios and artists.
Acknowledgement of Terms
By entering into an Agreement with Blink B.V. (whether digitally or in writing), the Studio confirms that it has read, understood, and accepts these General Terms and Conditions in their entirety. They are binding on all Studios from the moment an Agreement is formed.
Contact:Blink B.V.
Herengracht 242A, 1016 BT Amsterdam, the Netherlands
hello@wavrr.app
Article 1 — Definitions
- In these Terms and Conditions, the following capitalised terms have the meanings set out below. Where a term is used in the singular, it includes the plural and vice versa.
- Blink / We / Us
- Blink B.V., a private limited company (besloten vennootschap) incorporated and established in Amsterdam, the Netherlands, registered at the Dutch Chamber of Commerce (KvK) under number 95717013.
- Wavrr / Platform
- The software-as-a-service platform operated by Blink B.V., including the studio dashboard, the waiver and tools, and any related integrations and APIs.
- Studio / You
- The natural person or legal entity (a studio or independent artist) that enters into an Agreement with Blink B.V. for the use of the Services. These Terms apply exclusively to B2B relationships. By accepting these Terms, the Studio confirms it is acting in the course of its trade, business, craft, or profession and not as a consumer.
- Artist
- An artist who uses the Services either independently as the Studio or as part of a Studio account.
- Client
- An end-user of the Studio who books an appointment, signs a waiver, or whose data is otherwise entered into the Services by or on behalf of the Studio. Clients are not contracting parties under these Terms; their relationship is exclusively with the Studio.
- Waiver
- A consent or release document generated, presented, signed, or stored through the Services, including any associated medical disclosures, age confirmations, guardian consents, and uploaded identification.
- Electronic Signature
- Any signature submitted electronically through the Services, including typed, drawn, or otherwise captured signatures, intended by the signer to authenticate or adopt a Waiver or other document.
- Ink Passport
- A record of a Client's procedures, products used, and related data maintained through the Services.
- Agreement
- The contract between Blink B.V. and the Studio, formed in the manner described in Article 3, and incorporating these Terms and Conditions.
- Services
- All functionality made available to the Studio through Wavrr, as further described in Article 4.
- Subscription
- The paid plan (monthly or annual) under which the Studio accesses the Services.
- Content
- Any data, images, text, signatures, or media uploaded, generated, or stored through the Services, including portfolio images, service descriptions, schedules, Client records, signed Waivers, and Ink Passports.
- Intellectual Property Rights
- All patents, copyrights, database rights, trademarks, trade secrets, know-how, design rights, and any other intellectual property rights, whether registered or unregistered.
- Confidential Information
- All non-public information disclosed by either party in connection with the Agreement, whether marked as confidential or that should reasonably be understood to be confidential.
- Written / In Writing
- Includes email and messages sent through the Wavrr dashboard, unless a stricter requirement applies by law.
Article 2 — Scope and Applicability
2.1. Application
These Terms and Conditions apply to all offers, quotations, Agreements, and Services provided by Blink B.V. in connection with Wavrr, unless expressly agreed otherwise in writing.
2.2. Exclusion of Studio Terms
Any general terms or purchasing conditions of the Studio are expressly rejected and do not apply to the Agreement, unless Blink B.V. has accepted them explicitly in writing.
2.3. Order of Precedence
In the event of conflict between documents, the following order of precedence applies: (1) the Privacy Policy in respect of personal data matters; (2) the quotation, order confirmation, or signup confirmation; (3) these General Terms and Conditions.
2.4. Severability
If any provision of these Terms is found to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the original intent.
Article 3 — Formation of Agreement and Consent
3.1. Formation
The Agreement is formed: (a) when a quotation or order confirmation issued by Blink B.V. is signed and returned by the Studio; or (b) upon digital acceptance (click-wrap) during signup on the Wavrr platform.
3.2. Click-Wrap Acceptance
Digital acceptance occurs when the Studio actively checks the designated acceptance checkbox on the signup page and clicks the confirmation button.
3.3. Audit Trail
Blink B.V. maintains a timestamped record of the Studio's acceptance, including the version of the Terms accepted, the date and time of acceptance, and the associated IP address, in accordance with applicable law.
3.4. Re-Consent on Material Updates
Where Blink B.V. makes a material update to these Terms, existing Studios will be presented with a re-consent prompt upon their next login. Continued use of the Services after such prompt constitutes acceptance of the updated Terms. Studios that do not accept may terminate in accordance with Article 15.
3.5. Quotation Validity
Where issued, quotations are valid for 30 days unless a different validity period is stated.
Article 4 — Services
Blink B.V. provides the following Services through the Wavrr platform. Each Service is subject to the specific provisions of this Article as well as the general provisions of these Terms.
4.1. The Wavrr Platform
4.1.1 Description
Wavrr is a software-as-a-service platform that enables Studios and Artists to manage bookings, schedules, deposits, Client communication, consent waivers, ink passports, and related operational tasks.
4.1.2 Waivers and Ink Passports
The Services include tools to create, send, sign, and store consent waivers and ink-passport records. The Studio is solely responsible for the content of any Waiver, the wording, the questions asked, the scope of data collected, and the legal context in which it is used. Article 7 sets out further provisions on Waivers and Electronic Signatures.
4.1.3 Studio Dashboard
The Studio receives access to a dashboard for managing artists, services, schedules, Client records, payments, account settings, and exported documents.
4.2. Access and Account Security
4.2.1 Account Registration
To use the Services, the Studio must create an account and provide accurate and complete information. Blink B.V. reserves the right to suspend or terminate accounts that provide false or misleading information.
4.2.2 Credentials
The Studio is responsible for maintaining the confidentiality of its login credentials and for all activity occurring under its account, including activity by its staff or artists. The Studio must notify Blink B.V. immediately upon becoming aware of any unauthorised access. Blink B.V. is not liable for any loss or damage resulting from the Studio's failure to keep its credentials secure or from unauthorised access that occurred prior to such notification.
4.2.3 Signing Tokens
The Studio is responsible for the secure handling and distribution of any links, tokens, or codes used by Clients to access waiver-signing or document-upload flows.
4.3. Relationship with Clients
4.3.1 Bookings and Services
The Services facilitate bookings, communications, waivers, and records between the Studio and its Clients. The Studio is and remains solely responsible for the underlying tattoo services, including pricing, performance, customer care, hygiene, health, and compliance with applicable law.
4.3.2 Cancellations and Refunds (Client level)
Each Studio sets its own cancellation, deposit, and refund policy. Blink B.V. is not a party to the booking or service relationship and is not responsible for disputes between the Studio and its Clients.
4.3.3 Data Roles
The Studio is the controller in respect of personal data of its Clients processed through the Services (including waiver data, medical disclosures, signatures, and identification documents). Blink B.V. acts as processor in respect of such data, processing it only on the Studio's instructions and as further described in the Privacy Policy.
4.4. Service Availability
4.4.1 Uptime
Blink B.V. uses commercially reasonable efforts to keep the Services available but does not guarantee uninterrupted or error-free operation. Scheduled maintenance will, where reasonably possible, be communicated at least 48 hours in advance. In the case of emergency fixes required to maintain security or platform integrity, notice will be given as soon as reasonably practicable.
4.4.2 Modifications
Blink B.V. reserves the right to modify, update, or improve any Service at any time, provided that material changes which adversely reduce functionality available to the Studio will be communicated at least 30 days in advance.
4.5. Third-Party Dependencies
The Services rely on a number of third-party providers to deliver functionality. The Studio acknowledges that incidents, outages, policy changes, or security events at these providers may affect the availability or operation of the Services, and that Blink B.V. is not liable for the acts or omissions of such providers. The current key providers include:
| Provider | Purpose |
|---|---|
| Supabase | authentication, database, and file storage. |
| Stripe | Subscription billing and payment processing. |
| Postmark | transactional email and PDF delivery. |
| PostHog | product analytics and error tracking. |
| Google Tag Manager | tag management on our website. |
| Intercom | customer support and in-product messaging. |
| Loops | lifecycle and marketing email automation. |
| Slack | internal operational notifications. |
This list may be updated from time to time as the Services evolve. The current list of sub-processors used to handle personal data is published in the Privacy Policy and is available on request at hello@wavrr.app.
Article 5 — Subscriptions and Payment
5.1. Subscription Model
Access to the Services is provided on a Subscription basis. The Studio may select a monthly or annual Subscription as offered on the Wavrr pricing page. Subscriptions renew automatically at the end of each billing period unless cancelled in accordance with this Article.
5.2. Cancellation
Subscriptions are not subject to a fixed minimum term and may be cancelled by the Studio at any time via the Wavrr dashboard. Cancellation takes effect at the end of the current billing period. No partial refunds are issued for unused portions of a paid period.
5.3. Payment Processing
Payments are processed by our third-party payment provider, Stripe. The Studio authorises automatic recurring charges for the applicable Subscription. Blink B.V. does not store full payment card details.
5.4. Plan Limits
Each Subscription plan is subject to the usage limits described on the pricing page (such as number of artists, number of waivers, or storage). Exceeding a plan limit may result in a prompt to upgrade, throttling, or additional charges as specified for the relevant plan. Reasonable advance notice will be given before any additional charges are applied.
5.5. Pricing, Taxes, and Currency
All amounts are in Euros (EUR) and exclude VAT and other applicable taxes unless stated otherwise. VAT or sales tax is added where applicable based on the Studio's country and tax status. The Studio is responsible for providing accurate tax information.
5.6. Failed Payments and Default
If a payment fails or remains unpaid, the Studio is automatically in default without any notice of default being required (van rechtswege in verzuim), and statutory commercial interest (wettelijke handelsrente pursuant to Article 6:119a of the Dutch Civil Code) is due on the outstanding amount.
5.7. Suspension for Non-Payment
Blink B.V. is entitled to suspend access to the Services if a payment remains unpaid for more than 14 calendar days after its due date. Suspension does not release the Studio from its payment obligations.
5.8. Debt Collection Costs
If Blink B.V. is required to engage external collection services or legal proceedings to recover unpaid amounts, all associated costs (including reasonable legal fees) are for the account of the Studio.
5.9. Price Changes
Blink B.V. may adjust Subscription pricing with at least 30 days' prior written notice. The Studio may terminate the Agreement in accordance with Article 15 if it does not accept a price increase.
5.10. Refunds
Subscription fees are non-refundable except where required by mandatory law.
Article 6 — Studio Obligations and Acceptable Use
6.1. Lawful Use
The Studio shall use the Services only for lawful purposes and in accordance with applicable law. The Studio shall not:
- infringe the Intellectual Property Rights of any third party;
- upload material that is unlawful, defamatory, abusive, or fraudulent;
- submit, generate, or store fake, forged, or coerced signatures;
- impersonate any person or misrepresent its affiliation;
- upload identification documents, photographs, or personal data of any person without that person's authority and informed consent;
- scrape, crawl, or harvest data from the Services other than data the Studio is entitled to access;
- abuse, share, or attempt to bypass signing tokens, links, or other access mechanisms;
- introduce malware, viruses, or other malicious code;
- use the Services for unlawful collection of personal data or for discriminatory purposes;
- attempt to gain unauthorised access to any system, network, or other Studio's data;
- misuse, copy, reverse engineer, decompile, or otherwise interfere with the Services;
- use the Services for workflows other than tattoo, piercing, or related body-art consent and operational records, unless Blink B.V. has agreed in writing.
6.2. Studio Responsibility for Client Data
The Studio warrants and undertakes that, in respect of all personal data of Clients entered into, uploaded to, or generated through the Services:
- the Studio has the legal authority and the appropriate legal basis under applicable data protection law to collect, store, and process that data through the Services;
- the Studio has obtained any required consents from the Client (or, where the Client is a minor, from a parent or legal guardian) for the collection of medical disclosures, signatures, identification documents, and any other special-category or sensitive data;
- the Studio provides the Client with the transparency information required under Articles 13 and 14 of the GDPR, including a link to or copy of the Studio's own privacy notice;
- the Studio is responsible for verifying the identity, age, and (where relevant) the legal-guardian status of any signer;
- the Studio respects and gives effect to any data-subject rights exercised by Clients.
6.3. Sensitive-Data Obligations
The Studio acknowledges that the Services may be used to collect special-category personal data (in particular health data) and identification documents. The Studio shall:
- collect only such medical, health, identification, or other sensitive data as is strictly necessary for the lawful provision of the tattoo service and the Studio's regulatory or insurance obligations;
- apply appropriate access controls within the Studio so that sensitive data is accessible only to staff with a legitimate need to know;
- not use the Services to make decisions producing legal or similarly significant effects on a Client based solely on automated processing of sensitive data;
- not use the Services in a manner that could constitute discrimination on the basis of health, pregnancy, age, or any other protected characteristic.
6.4. Information and Cooperation
The Studio shall promptly provide all information, materials, and access reasonably required for the proper performance of the Agreement, and warrants that information provided is accurate and complete. Blink B.V. may rely on the information provided by the Studio without independent verification.
6.5. Compliance with Applicable Law
The Studio is solely responsible for ensuring that its use of the Services complies with all laws and regulations applicable to its business, including consumer law, hygiene and health regulations applicable to tattooing and body art, age-verification rules, advertising rules, electronic-records and electronic-signature laws, and data protection obligations toward its Clients.
6.6. Notification of Issues
The Studio must report any defects, errors, or non-conformities in the Services to Blink B.V. in writing within 30 calendar days of discovery, in accordance with Article 6:89 of the Dutch Civil Code. Failure to report within this period results in a loss of the right to claim for that defect.
Article 7 — Waivers and Electronic Signatures
7.1. Tooling Only
The Services include tools that allow the Studio to create, send, sign, and store consent waivers and related records. Blink B.V. provides these tools as software functionality. Blink B.V. does not provide legal advice and nothing in the Services or any template available within them constitutes legal advice.
7.2. No Enforceability Guarantee
Blink B.V. does not warrant or guarantee that any Waiver generated, signed, or stored through the Services is legally valid, sufficient, or enforceable in any specific jurisdiction or against any specific person. The legal effect of a Waiver depends on its content, the manner in which it is presented and signed, the applicable law, and the facts of each case. The Studio is solely responsible for: (a) the wording of each Waiver, including any health, age, guardian, or risk-disclosure questions; (b) ensuring that the Waiver complies with applicable law in the jurisdiction in which the Studio operates and the Client resides; and (c) determining whether a Waiver is appropriate for any particular Client or procedure.
7.3. Studio Responsibility for Content
Any Waiver template, default question set, or example wording provided by Blink B.V. is offered for convenience only. The Studio must review and adapt each Waiver to its operational reality and to applicable local law before use.
7.4. Electronic Records and Signatures
By using the Services, the Studio consents to the use of electronic records and Electronic Signatures in connection with Waivers and other documents. The Studio acknowledges that, where permitted by applicable law, a typed, drawn, or otherwise electronically captured signature is intended by the signer to be legally binding to the same extent as a handwritten signature. The Studio shall ensure that each signer is given a reasonable opportunity to review the relevant document before signing and to obtain a copy of the signed document.
7.5. Identity Verification
Blink B.V. does not verify the identity of any signer of a Waiver. The Studio is responsible for verifying that the signer is the person they claim to be, that the signer has legal capacity to sign, and (where the Client is a minor) that the person purporting to act as parent or legal guardian is authorised to do so under applicable law.
7.6. Storage of Signed Records
Signed Waivers and related records are stored within the Services on behalf of the Studio. The Studio is responsible for determining how long such records must be retained under applicable law and for exercising appropriate care over their availability and integrity. Blink B.V. retains and processes such records as further described in the Privacy Policy.
Article 8 — Intellectual Property and Licence
8.1. Ownership by Blink
All Intellectual Property Rights in and to the Services, including the Wavrr platform, the waiver and ink-passport tools, software, source code, design, branding, documentation, and any improvements or derivatives, vest exclusively with Blink B.V.
8.2. Licence to Studio
Subject to these Terms and full payment of all applicable Subscription fees, Blink B.V. grants the Studio a limited, non-exclusive, non-transferable, non-sublicensable licence to use the Services for its own internal business purposes within the licensed legal entity, for the duration of the Subscription.
8.3. Restrictions
The Studio may not (a) reproduce, distribute, sublicense, sell, transfer, or otherwise make available any part of the Services to a third party outside the licensed entity; (b) use the Services as the basis for a competing product; or (c) remove or modify any copyright notices, trademarks, or attribution embedded in the Services.
8.4. Studio Content
The Studio retains ownership of all Content it uploads to or generates through the Services. The Studio grants Blink B.V. a limited licence to host, display, transmit, and process that Content solely for the purpose of providing the Services.
8.5. Feedback
If the Studio provides feedback, suggestions, or ideas regarding the Services, the Studio grants Blink B.V. an irrevocable, worldwide, royalty-free licence to use and incorporate such feedback without restriction or compensation.
Article 9 — Data Processing and Privacy (GDPR)
9.1. Privacy Policy
Blink B.V. processes personal data in accordance with its Privacy Policy, available at wavrr.app, and in compliance with Regulation (EU) 2016/679 (GDPR).
9.2. Roles
In respect of personal data of Clients processed through the Services (including waiver content, medical disclosures, signatures, ink-passport entries, and identification documents), the Studio acts as data controller and Blink B.V. acts as data processor. Blink B.V. processes such personal data only on documented instructions from the Studio (including instructions reflected in the use of the Services and the Privacy Policy) and in compliance with Article 28 GDPR. In respect of personal data of the Studio itself, of Studio staff, and of website visitors, Blink B.V. acts as data controller as further described in the Privacy Policy.
9.3. Security Measures
Blink B.V. implements appropriate technical and organisational security measures to protect personal data against unauthorised access, alteration, disclosure, or destruction, in accordance with Article 32 GDPR.
9.4. Data Breach Notification
In the event of a personal data breach within the meaning of Article 4(12) GDPR that is likely to result in a risk to the rights and freedoms of data subjects, Blink B.V. will notify the Studio without undue delay and in any event within 72 hours of becoming aware, and will provide sufficient information to enable the Studio to meet its own notification obligations.
9.5. Sub-processors
Blink B.V. uses sub-processors to provide the Services, as further described in the Privacy Policy. The current list of sub-processors is available on request at hello@wavrr.app.
Article 10 — Confidentiality
- 10.1 Mutual Obligation. Each party (the "Receiving Party") shall hold the Confidential Information of the other party (the "Disclosing Party") in strict confidence and shall not disclose it to any third party without the prior written consent of the Disclosing Party.
- 10.2 Permitted Use. The Receiving Party may disclose Confidential Information only to its employees, contractors, or advisers who have a need to know and are bound by confidentiality obligations no less restrictive than those in this Article.
- 10.3 Exceptions. The obligations under this Article do not apply to information that: (a) is or becomes publicly available through no fault of the Receiving Party; (b) was already known to the Receiving Party prior to disclosure; (c) is independently developed by the Receiving Party without use of the Disclosing Party's Confidential Information; or (d) is required to be disclosed by law or court order, provided prompt written notice is given to the Disclosing Party.
- 10.4 Survival. The confidentiality obligations in this Article survive termination or expiry of the Agreement for a period of three (3) years.
Article 11 — Liability and Claims
- 11.1 Liability Cap. The total liability of Blink B.V. to the Studio under or in connection with the Agreement — whether in contract, tort (including negligence), breach of statutory duty, or otherwise — shall not exceed the lower of: (a) the total Subscription fees paid by the Studio in the six (6) calendar months immediately preceding the event giving rise to the claim; or (b) €5,000.
- 11.2 Excluded Losses. Blink B.V. shall not be liable for: (a) loss of profit, revenue, bookings, or anticipated savings; (b) loss of business, goodwill, or reputation; (c) loss or corruption of data; (d) indirect, special, consequential, or incidental damages of any kind; (e) damage resulting from the acts or omissions of the Studio, Clients, or any third party; (f) damage resulting from the Studio's use of the Services in breach of these Terms or applicable law; (g) damage resulting from the unenforceability or invalidity of any Waiver in any jurisdiction; (h) tattoo outcomes, medical complications, or any health-related claim by a Client; (i) decisions made by the Studio based on data entered into the Services by the Studio or its Clients; or (j) email deliverability or third-party delivery issues outside Blink B.V.'s reasonable control.
- 11.3 No Liability for Client Disputes. Blink B.V. is not a party to the relationship between the Studio and its Clients and is not liable for the performance, quality, safety, or outcome of any tattoo or related body-art service, nor for any dispute, no-show, refund, or chargeback arising from such services.
- 11.4 Mandatory Exceptions. Nothing in these Terms limits or excludes liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot be excluded or limited by applicable law.
- 11.5 Claim Period. Any claim by the Studio must be submitted to Blink B.V. in writing within 30 calendar days of the Studio discovering (or being reasonably expected to discover) the event giving rise to the claim, in accordance with Article 6:89 of the Dutch Civil Code. Claims submitted after this period are inadmissible.
Article 12 — Indemnification by the Studio
- 12.1 Indemnity. The Studio shall indemnify, defend, and hold harmless Blink B.V., its directors, officers, employees, and contractors against any third-party claim, action, proceeding, fine, or demand, and against all losses, damages, costs, and reasonable legal fees arising out of or in connection with: (a) any breach by the Studio of its warranties and undertakings in Article 6.2 (Studio Responsibility for Client Data) or Article 6.3 (Sensitive-Data Obligations); or (b) any third-party claim that Content uploaded, generated, or stored by or on behalf of the Studio infringes the intellectual property rights, privacy rights, or other rights of a third party.
- 12.2 Conduct of Claim. Blink B.V. shall (a) promptly notify the Studio in writing of the relevant claim once it becomes aware of it; (b) allow the Studio to control the defence and any settlement of the claim, provided that no settlement that imposes any liability or obligation on Blink B.V. shall be agreed without Blink B.V.'s prior written consent (not to be unreasonably withheld); and (c) provide reasonable cooperation to the Studio at the Studio's reasonable expense.
- 12.3 Limits. The Studio's obligations under this Article 12 are not subject to the liability cap in Article 11.1 and apply notwithstanding any other limitation of liability in these Terms.
Article 13 — Force Majeure
- 13.1 Definition. Force majeure means any circumstance independent of the will of Blink B.V. that prevents or unreasonably impedes the fulfilment of its obligations, whether or not foreseeable, including but not limited to: acts of God, war, terrorism, government actions, cyberattacks, power or internet outages, and the non-performance of essential third-party suppliers (such as hosting, payment, or email providers).
- 13.2 Effect. In the event of force majeure, Blink B.V. is entitled to suspend performance for the duration of the event without liability. Neither party shall be liable for failure to perform its obligations to the extent such failure is caused by force majeure.
- 13.3 Notification. Each party shall notify the other as soon as reasonably practicable upon becoming aware of a force majeure event.
Article 14 — Suspension
- 14.1 Grounds. Blink B.V. is entitled to suspend access to the Services, without liability, in the following circumstances: (a) non-payment in accordance with Article 5.7; (b) where Blink B.V. has reasonable grounds to believe the Studio is seriously misusing the Services or materially breaching these Terms (including Articles 6 or 7); (c) where required by law or a court order; or (d) where suspension is necessary to protect the security or integrity of the platform.
- 14.2 Restoration. Upon resolution of the relevant grounds for suspension, Blink B.V. shall restore access to the Services within two (2) business days. Suspension does not affect the Studio's payment obligations.
Article 15 — Term and Termination
- 15.1 Term. The Agreement starts on the date of formation and continues for as long as the Studio maintains an active Subscription.
- 15.2 Cancellation by the Studio. The Studio may cancel its Subscription at any time via the Wavrr dashboard. Cancellation takes effect at the end of the current billing period and the Services remain available until that date. No refunds are issued for unused portions of a paid period.
- 15.3 Termination for Cause. Either party may terminate the Agreement with immediate effect by written notice if the other party: (a) commits a material breach and fails to remedy it within 14 days of written notice specifying the breach; (b) becomes insolvent, is subject to a winding-up order, or is otherwise unable to pay its debts; or (c) engages in fraudulent or seriously unlawful conduct.
- 15.4 Effects of Termination. Upon termination: (a) the licence to use the Services ends immediately; (b) the Studio shall cease use of the Services; (c) all outstanding invoices become immediately due and payable; (d) the Studio may export its Content (including Waivers, Ink Passports, and Client records) via the dashboard within 30 days of termination; (e) after that 30-day period, Blink B.V. will delete or anonymise such Content, except where retention is required for legal, audit, accounting, or limitation-period purposes (including, in particular, retention of signed Waivers as further described in the Privacy Policy); and (f) Blink B.V. will, on the Studio's reasonable request, confirm completion of deletion in writing, subject to any legally mandated retention obligations.
- 15.5 Survival. The following provisions survive termination or expiry of the Agreement: Article 1 (Definitions), Article 7 (Waivers and Electronic Signatures, in respect of stored signed records), Article 8 (Intellectual Property), Article 9 (Data Processing), Article 10 (Confidentiality), Article 11 (Liability), Article 12 (Indemnification), Article 16 (Governing Law), and any payment obligations accrued prior to termination.
Article 16 — Governing Law and Dispute Resolution
- 16.1 Governing Law. These Terms and all Agreements arising from them are governed exclusively by the laws of the Netherlands, without regard to conflict of law principles.
- 16.2 Jurisdiction. All disputes arising out of or in connection with these Terms shall be submitted exclusively to the competent court of the District Court of Amsterdam (Rechtbank Amsterdam), unless mandatory law requires a different forum. Blink B.V. retains the right to submit a dispute to any court of competent jurisdiction in the Studio's country.
- 16.3 Dispute Resolution Process. Prior to initiating formal legal proceedings, the parties shall make reasonable efforts to resolve any dispute through direct negotiation within 30 days of one party notifying the other of the dispute in writing.
Article 17 — Amendments
- 17.1 Right to Amend. Blink B.V. reserves the right to amend these Terms at any time. The most current version of these Terms is published on the Wavrr website.
- 17.2 Notice of Material Changes. In the case of material amendments, Blink B.V. will notify the Studio at least 30 days in advance via email or a notification in the Wavrr dashboard. If the Studio does not accept the material amendment, the Studio may terminate the Agreement by written notice within that 30-day period, with termination taking effect on the date the amendment comes into force. Continued use of the Services after the effective date of the amendment constitutes acceptance of the amended Terms.
- 17.3 Minor Amendments. Corrections of typographical errors, clarifications that do not affect the substance of these Terms, or updates required by law take effect immediately upon publication.
- 17.4 Version Control. Each version of these Terms is identified by a version number and effective date on the cover page. Studios are encouraged to retain a copy of the version of the Terms applicable at the time of their Agreement.
Article 18 — Miscellaneous
- 18.1 Entire Agreement. These Terms, together with any quotation, order confirmation, and the Privacy Policy, constitute the entire agreement between the parties regarding the subject matter and supersede all prior agreements, representations, and understandings.
- 18.2 Assignment. The Studio may not assign or transfer any rights or obligations under the Agreement without the prior written consent of Blink B.V. Blink B.V. may assign the Agreement to a group company or in connection with a merger, acquisition, or sale of assets, provided the Studio is notified.
- 18.3 Waiver. A failure or delay by either party in exercising any right under these Terms shall not constitute a waiver of that right. Any waiver must be in writing to be effective.
- 18.4 Notices. All notices under these Terms shall be in writing and delivered to the email address or postal address of the receiving party as specified in the Agreement or in the Wavrr dashboard. Notices shall be deemed received: (a) if by email, on the business day after sending (if no delivery failure notification is received); (b) if by post, three (3) business days after posting.
- 18.5 Language. These Terms are issued in English. In the event of any conflict between an English version and any translated version, the English version shall prevail.
- 18.6 Relationship. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between the parties. Each party acts as an independent contractor.
