Terms of Service for Studio Pod Pro, Inc.

Last Updated: 01/04/2024

Welcome to Studio Pod Pro, Inc.

Studio Pod Pro, Inc. (“Studio Pod,” “we,” “our,” or “us”) offers automated professional photo studio services through various unmanned pods ("Pods") that guide users through a photo session. These services, along with our website located at www.thestudiopod.com (the “Site”), and any related applications or platforms are collectively referred to as the “Services”.

Acceptance of Terms

By accessing or using the Services, you agree to be bound by these Terms of Service ("Terms"). If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. If you do not agree with these Terms, you should not use the Services.

Arbitration Agreement & Waiver of Certain Rights: You and Studio Pod Pro, Inc. agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Studio Pod Pro, Inc. hereby waive any right to a jury trial of any claim. All disputes must be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court in Houston, TX may enforce the arbitrator’s award.

These Terms also contain a class action/jury trial waiver provision. By using the Services, you agree to submit any claims against Studio Pod Pro, Inc. on an individual basis only. Therefore, as a user of the Services, you agree to waive any rights to bring or participate in any class action lawsuit or class-wide arbitration against Studio Pod Pro, Inc.

You represent and certify that you are of legal age to form a binding contract with Studio Pod Pro, Inc. and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. In order to create an account with Studio Pod Pro, Inc. and use the Services, you must be at least 18 years of age.

Services Description

Our Services provide users with automated Pods for taking professional headshots. Pods are equipped with technology that enables users to control their photo session and receive immediate results.

Account Registration

Users may create an account online, through our contact form, by email, or directly at a Pod. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

User Conduct

You agree to use our Services responsibly and lawfully, not to disrupt the Pods' operation, and to follow all instructions provided by the Pods during your photo session.

Intellectual Property Rights & User License

Studio Pod Pro, Inc.’s Intellectual Property

All intellectual property rights related to the Services, including but not limited to copyright, trademarks, and patents, are owned by Studio Pod Pro, Inc. and/or its licensors. Studio Pod maintains the copyright of all photos taken by the Pods. Users receive a license to use the photos but may not sell them. Unauthorized use of our intellectual property is strictly prohibited.

License Granted to Users

Studio Pod maintains the copyright of all photos taken by the Pods. Users receive a non-exclusive, perpetual, worldwide, transferable, and sublicensable license to reproduce, distribute, publicly display, perform, prepare derivative works of (including to translate, alter, and modify), and otherwise use the Licensed Content. The "Studio Pod" name and certain aspects of our technology are trademarked and/or patent pending.

Pricing and Payment Terms

Pricing: The pricing for our Services is as described on our website and in our materials and is subject to change without notice. We require payment in full in advance of use. All fees are to be paid in U.S. Dollars (USD) and do not include any taxes, levies, or duties, except for U.S. federal or state taxes based on Studio Pod Pro, Inc.'s income.

Billing Information: You must provide accurate and complete billing information. If your information is found to be false or fraudulent, we reserve the right to terminate your use of the Services and seek other legal remedies. Studio Pod Pro, Inc. is not responsible for any charges or expenses resulting from charges billed by us (e.g., for overdrawn accounts, exceeding credit card limits). Charges will be considered valid unless disputed in writing within 30 days after the billing date. No adjustments will be made for disputes made after this period.

Photo Session Packages and Booking

Studio Pod Pro, Inc. provides individual photo session packages, which can be conveniently booked online via our website. Booking a session secures your spot on the calendar for the selected Pod.

Rescheduling Policy

We understand that plans can change, so we offer flexibility in rescheduling. Sessions can be rescheduled without any penalty, provided the change is made at least 24 hours in advance of the scheduled session.

Cancellation and Refund Policy

To accommodate our clients' needs, we maintain a 24-hour cancellation policy. If you need to cancel a session, doing so at least 24 hours before your scheduled time will entitle you to a full refund. Please note that payments for sessions canceled less than 24 hours before the scheduled time are non-refundable. This policy ensures fair access to our Pods while respecting the time and resources involved in preparing for your session.

Subscriptions

We offer subscription options for our Services. These subscriptions are charged on a recurring basis and may be canceled at any time, but are non-refundable. Subscriptions automatically renew to the extent permitted by law. Your payment method will be charged at the beginning of each subscription period. You will receive an email notification before annual subscriptions renew. By signing up for subscription services, you acknowledge that:

The subscription will automatically renew.

It will continue until you cancel.

Charges will be made to the payment method you provided.

You may cancel your subscription at any time but will be responsible for fees incurred for the current subscription term.

Privacy Policy Acknowledgment

By using our Services, you acknowledge and agree to our Privacy Policy, which describes how we collect, use, and share your personal information.

Third Party Software and Linking

Our Services may include or provide links to third-party software and websites. Studio Pod Pro, Inc. is not responsible for the content or practices of these third-party services. Your use of such software and websites is subject to their respective terms and privacy policies.

Disclaimers and Limitation of Liability

Studio Pod Pro, Inc. is not responsible for any personal items left in the Pods and does not guarantee that the Pods will operate uninterrupted or error-free. The Services are provided "as is" and "as available" without any warranties of any kind. Studio Pod Pro, Inc. expressly disclaims all warranties, whether express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be secure, error-free, or uninterrupted, or that data will be secure from unauthorized access.

Indemnity

You agree to indemnify, defend, and hold harmless Studio Pod Pro, Inc., its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising from your use of the Services or violation of these Terms.

Limitation of Liability

Studio Pod Pro, Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or other intangibles. Our total liability for any claim arising from or relating to these Terms or use of the Services shall not exceed the amount paid by you for the Services during the six months preceding the event giving rise to the liability. This limitation of liability applies to the fullest extent permitted by law and survives termination of these Terms.

Release

By using the Services of Studio Pod Pro, Inc., you agree to release, indemnify, and hold harmless Studio Pod Pro, Inc., its affiliates, officers, employees, agents, partners, and licensors from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of or related to your use of the Services, or any violation of these Terms, any law, or the rights of any third party.

You further agree that Studio Pod Pro, Inc. is not responsible for any personal items left within the Pods and is not liable for any personal injury, property damage, or other loss incurred as a result of your use of the Services. This release applies to any and all liability or claims of any nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of the Services.

In using the Services, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

International Use

Usage Outside the United States

Studio Pod Pro, Inc.'s Services are controlled and operated from our facilities in the United States. We make no representations that the Services are appropriate, legal, or available for use in other locations outside of the United States. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable foreign and local laws and regulations, including but not limited to export and import regulations. You must not use the Services in a way that violates any laws, regulations, or other government requirements of any country outside of the United States.

Governing Law

These Terms shall be governed by the laws of the State of Texas, without regard to its conflict of laws principles.

Dispute Resolution

Arbitration Agreement

In the event of a dispute arising under or in connection with these Terms or the Services, such dispute shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be conducted in Houston, Texas, unless both parties agree to an alternative location.

Individual Basis

You and Studio Pod Pro, Inc. agree that any arbitration will be conducted in our individual capacities only and not as a class action or other representative action, and you and Studio Pod Pro, Inc. expressly waive our right to file a class action or seek relief on a class basis.

Final Decision

The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Exceptions to Arbitration

Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies.

Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Studio Pod Pro, Inc.'s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Modification of Terms

Studio Pod reserves the right to modify these Terms at any time. We will notify users of significant changes through the Services or via email.

Contact Information

If you have any questions or concerns about these Terms, please contact us at the following address:

Studio Pod Pro, Inc.

4809 Blossom St.

Houston, TX 77007

Attn: Legal

Email: hello@thestudiopod.com

Entire Agreement

These Terms constitute the entire agreement between you and Studio Pod Pro, Inc. regarding the use of the Services, and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of these Terms will be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted.