Terms of service

1

Definitions

These words have specific meanings in this agreement.

• PopStudio, we, us — System Advance Limited, a company incorporated in New Zealand, and the PopStudio software, station app, websites and services it provides.
• Organisation or you — the church, business, school, venue, photographer or other entity that holds the PopStudio account, and anyone using the account with your authority.
• Event — one occasion, at one location, on one date, created as an event record in PopStudio. A festival running Friday, Saturday and Sunday is three events unless we agree otherwise in writing.
• Guest — a person who checks in at your event and is photographed.
• Station — the physical setup you run: camera, laptop, lights, backdrop and the printed QR sign. The station is yours. We do not supply hardware.
• Operator — a person you authorise to run a station: your photographer, staff member or volunteer.
• Guest information — information about guests that passes through PopStudio: the name and email address the guest gives at check-in, their check-in code, the photographs taken of them, and timestamps.

2

Your account, eligibility and verification

To open an account you must be at least 18, able to enter a contract, and authorised to act for the organisation you sign up on behalf of. The organisation is bound by what its account users do.

Give us accurate details when you sign up — your name, email, organisation, industry and country — and keep them current. We use your account email for verification, receipts, cap warnings and notices about changes to these terms, so it needs to work.

You are responsible for what happens under your account. Do not share passwords. Give each operator their own sign-in. Tell us promptly at support@popstudioapp.com if you think an account has been compromised.

We may verify you before enabling paid features or lifting caps — for example by asking you to confirm your organisation from an organisational email address, or to show evidence that you are the business or ministry you say you are. We may refuse, suspend or close an account where verification fails or where the details you gave us are false.

3

Acceptable use

PopStudio points a camera at people. That puts a short list of hard limits on what the platform may be used for. These are not negotiable and breaching them is grounds for immediate suspension.

You must not

• Photograph anyone unlawfully. No covert or hidden capture. No photographing people where they have a reasonable expectation of privacy. No intimate visual recording. In New Zealand that includes the intimate visual recording offences in the Crimes Act 1961; equivalent Australian state and federal law applies across the Tasman.
• Photograph people who have not agreed to it, or keep photographing someone after they have asked you to stop.
• Upload or deliver content you do not have the rights to. That covers photographs you did not take or licence, and any other material you push through the platform.
• Use PopStudio to send unsolicited email. PopStudio emails go to guests who checked in at your event, containing the photos they were told they would receive. Do not import mailing lists. Do not re-use guest addresses for newsletters or marketing unless you collected separate consent yourself and comply with the Unsolicited Electronic Messages Act 2007 (NZ) and the Spam Act 2003 (Cth).
• Upload or produce material that sexualises a child, or any content that is objectionable under the Films, Videos, and Publications Classification Act 1993. We will report this to the relevant authorities and preserve evidence.
• Run face recognition against PopStudio output, or use the platform to assemble a database of faceprints or biometric templates. We do not build that; do not bolt it on.
• Attack or game the service. No probing security, no scraping, no circumventing plan caps, no reselling access without a written agreement, and no reverse engineering except to the extent the law says you may.

If you become aware of misuse of your account, tell us. We would much rather hear it from you.

4

Your responsibilities as the collector of guest information

This is the most important clause in this agreement, so it is written plainly.

What that means in practice, at your event:

• You need a lawful purpose for collecting names, email addresses and photographs.
• You must tell guests who is collecting the information, why, who will see it, that PopStudio is your service provider, how long it will be kept, and how to get access to it, correct it or have it deleted. Our sign templates and the guest photo page help you do this. They are not a substitute for your own privacy statement.
• You must not collect more than you need, and you must keep it accurate.
• You answer guest requests about their information. We will help you, and guests can always delete their own photos from their photo page, but we do not answer for you.

Consent is yours to obtain

PopStudio does not ask any guest their age, does not identify who is a child, and has no parental-consent step, no guardian-delivery path and no age-based routing of any kind. Every guest gives their own name and email address, and their photographs are delivered to that address. Nothing in the product is a substitute for your consent process, and you must not represent to guests, parents or anyone else that it is.

Determining what your child protection or safeguarding policy, your insurer, your denomination, your school, your venue and the applicable law require of you — and satisfying those requirements before the event — is your responsibility as the collecting agency. Where you are subject to Australian law, that includes any obligations relating to children's personal information under the Privacy Act 1988 and any code made under it.

Instructions and lawfulness

We act on the instructions you give through the product — your retention setting, your deletions, your account closure. If an instruction appears to us to be unlawful, we may decline it and will tell you why.

Indemnity

You indemnify us against claims, losses and reasonable costs arising from your collection, use or disclosure of guest information in breach of this clause or of the law. This does not apply to the extent the claim arises from our own breach of this agreement, our negligence, or our failure to keep the information secure.

5

Fees, GST, and what counts as an event

All prices are in New Zealand dollars and exclude GST. New Zealand GST is added at the prevailing rate where it applies. Our GST number is [GST number to be added]. Tax treatment for Australian customers is [tax treatment for Australian customers to be confirmed].

The plans

• Test drive — free. 15 guests, 60 photos, 30 emails. Output is watermarked, and it stops dead at the cap. It exists to prove the product works with your camera and your team, not to run a real night.
• Event — NZ$80 per event, up to 400 guests.
• Large event — NZ$120 per event, up to 2,000 guests.
• Studio — NZ$399 per year, unlimited events, including the original camera files on the guest photo page.

What counts as an event

One occasion, one location, one date. Consecutive days are separate events unless we agree a multi-day arrangement in writing before it runs. If you are not sure how your weekend maps onto plans, ask us first — we would rather sort it out beforehand than argue about it after.

Caps are fixed when you buy

When an event is created we copy that plan's caps onto the event. Later price or cap changes never retroactively alter an event you have already paid for.

Paid plans warn you at 80% of a cap and keep working — we will not cut a live event over a counter. Where you go past a cap we may invoice the overage at the rates published on our pricing page. The free test drive is the only plan that hard-stops.

Payment

Card payments are processed by Stripe. Stripe is not live yet. Until it is, we will arrange payment with you directly and confirm the amount before charging anything. We never see or store your full card number.

Refunds and changes

Cancel an event before it starts and before any guest has checked in, and we will refund the event fee in full. Once an event has run, event fees are not refundable except where the Consumer Guarantees Act 1993 or the Australian Consumer Law requires it. Studio is an annual subscription; you can cancel renewal at any time, and cancelling stops the next year rather than refunding the current one pro rata.

We may change prices with at least 30 days' notice by email. Events you have already paid for are not affected.

6

Intellectual property — your photos are yours

You grant us a limited, non-exclusive, royalty-free licence to store, process, develop, resize, watermark on the free plan, and transmit your photographs, solely to provide the service to you. That licence ends when the photographs are deleted.

We do not use your photographs or your guest information to train any machine-learning model — not ours, not anyone else's.

We do not use your photographs in our marketing without separate written permission. If we would like to, we will ask, and we will agree the scope with you in writing. Saying no costs you nothing.

The software, the station app, the website, the code, the designs and the PopStudio name stay ours. While your account is current you have a non-exclusive, non-transferable licence to use them for your own events. If you send us feedback or suggestions we may use them without owing you anything for it.

7

Service availability and offline behaviour

We do not guarantee uninterrupted service. There is no uptime commitment and no service level agreement today. We aim high and we will say so plainly when we are ready to promise a number, but we are not there yet and we are not going to pretend otherwise on a page you might rely on.

When the internet drops

The station is built to keep working when the venue's wifi does not. Check-ins and captures queue on the laptop and sync when the connection comes back; delivery emails go out then. A dropped connection should not lose photographs. It will delay delivery, and how long depends on the venue's network, not on us.

Maintenance and changes

We may take the service down for maintenance. We will avoid New Zealand evenings and weekends where we can, because that is when events run, and we will give notice for planned work. We may add, change or remove features. If we materially reduce something you are paying for, we will tell you, and if you do not want to continue we will refund the unused part of a Studio term.

Features labelled beta or in testing come with no promises at all. We depend on Cloudflare, on the email your guests use, and on your camera, laptop, network and power. Failures in those are outside our control.

8

Suspension and termination

You can stop using PopStudio at any time. You can close your account from your settings; closing it deletes your events, guests and photographs through our normal purge process.

We may suspend or close an account where you breach the acceptable use clause, where there is a security or legal risk that needs immediate action, where we are required to by law, or where an invoice stays unpaid after we have given you at least 7 days' notice.

We will not suspend an account in the middle of a live event for non-payment. A volunteer at 8pm with a queue of people in front of them is not the moment to discover a billing problem. We will deal with it afterwards.

When an account ends, access ends. Download what you want to keep first — you can download photographs at any time before deletion. We may keep records we are legally required to keep, such as tax records, for as long as the law requires.

If we ever decide to discontinue PopStudio entirely, we will give at least 90 days' notice and refund the unused portion of any prepaid Studio subscription.

9

Liability

What we never exclude

Nothing in this agreement limits rights that cannot be limited. If you are a consumer in New Zealand, the Consumer Guarantees Act 1993 applies and we do not contract out of it. If you are in Australia, the Australian Consumer Law guarantees apply and cannot be excluded. We also do not exclude liability for fraud, or for death or personal injury caused by our negligence.

Business customers

Where you acquire PopStudio for the purposes of a business, you agree the Consumer Guarantees Act 1993 and sections 9, 12A and 13 of the Fair Trading Act 1986 do not apply, and that it is fair and reasonable for both of us to agree that, given the price and the nature of the service.

Where the Australian Consumer Law allows a limit

Where an ACL guarantee applies and the law permits our liability to be limited, our liability for a failure to comply is limited, at our option, to supplying the service again or paying the cost of having it supplied again.

Everything else

Subject to the paragraphs above, we are not liable for indirect or consequential loss, lost profits, lost revenue, lost opportunity, loss of goodwill, or loss of data beyond our obligation to restore from backup where we reasonably can. We are not liable for photographs that were never taken — a camera that was not switched on, an operator who missed a shot, or a guest who typed their email address wrong.

Our total liability under this agreement, for all claims combined, is limited to the greater of NZ$500 or the fees you paid us in the 12 months before the claim arose. You need to bring any claim within 12 months of becoming aware of it.

10

Changes to these terms

We may change these terms. For material changes we will give you at least 30 days' notice by email to your account address, and post a notice on this page. Continuing to use PopStudio after the change takes effect means you accept it. If you do not, stop using the service before that date and we will refund any prepaid fees for the period you do not use.

Minor changes — typos, clarifications, updated contact details — take effect when posted.

The last updated date at the top of this page is the authoritative one. If you want a copy of a previous version, ask us and we will send it.

11

General

• Entire agreement. These terms, the Privacy Policy and any written order or quote form the whole agreement between us about PopStudio.
• Severability. If a clause is unenforceable, it is cut back to what is enforceable and the rest stands.
• No waiver. If we do not enforce something straight away, that does not mean we have given it up.
• Assignment. You may not transfer this agreement without our written consent. We may transfer it to a purchaser of our business, and will tell you if we do.
• Notices. We notify you by email to your account address. Notify us at hello@popstudioapp.com.
• Relationship. Nothing here makes either of us the other's partner, employee or joint venturer, except that we act as your agent in respect of guest information as described above.
• Force majeure. Neither of us is liable for failures caused by events genuinely outside our reasonable control.

12

Governing law

This agreement is governed by New Zealand law, and the New Zealand courts have non-exclusive jurisdiction over disputes arising from it.

If you are in Australia, this does not take away rights or remedies your own law gives you, including the right to bring a matter in an Australian forum where the law says you may.

Before either of us starts proceedings, we would like a real conversation. Email hello@popstudioapp.com and we will get a human on it.

13

How to contact us

General and contractual questions: hello@popstudioapp.com. Privacy requests: privacy@popstudioapp.com. Help running a station: support@popstudioapp.com — and our FAQ and camera guides usually answer it faster than we can.