Terms of Service

This website and Client Portal (Platform) is operated by MyStdio, a product of Zyon Entertainment Pty Ltd (ABN 24 640 498 997, 383 Pitt Street, Sydney NSW 2000, Australia) (we, our or us). These Terms of Service (Terms) apply to your use of, and access to, the Platform.

These Terms apply to all users worldwide, including users in the United States, Canada, European Union, United Kingdom, and Australia. By using our Platform, you agree to these Terms.

Information and Availability

While we use reasonable attempts to ensure the accuracy and completeness of the content and materials on the Platform (Content), to the extent permitted by law (including the Australian Consumer Law), we do not warrant the accuracy, completeness or suitability of any of the Content. The Content may be subject to change without notice and we do not undertake to keep the Platform up-to-date. The Content is factual information only, is not comprehensive and is for general information purposes only. We also do not warrant that access to the Platform will be uninterrupted, error-free or free from viruses.

Account Registration and Security

To access certain features of the Platform, you may be required to create an account. You agree to:

provide accurate and complete registration information;
maintain the security of your password and account;
promptly notify us of any unauthorised use of your account or any other breach of security;
accept responsibility for all activities that occur under your account.

We may suspend or terminate your account for cause, including where we reasonably suspect unauthorised use, a breach of these Terms, or a risk to the security or integrity of the Platform or other users. Where practicable, we will give you reasonable notice and an opportunity to remedy the issue before we act, unless immediate action is needed to protect the Platform, other users, or to comply with law. This does not limit your non-excludable statutory rights.

Subscriptions, Billing and Auto-Renewal

Some features of the Platform are offered through a paid subscription (for example, MyStdio Pro). The subscription title, billing period, price, and the features included are shown before you purchase, on the subscription or upgrade screen.

Auto-renewal. Paid subscriptions are auto-renewable. Your subscription automatically renews for the same billing period at the then-current price unless you cancel before the end of the current period. You authorise us (or the applicable app store) to charge the renewal to your payment method on each renewal date.

Purchases made through the Apple App Store. If you subscribe inside our iOS app, the purchase is processed by Apple and the following apply:

payment is charged to your Apple ID account at confirmation of purchase;
the subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period;
your account is charged for renewal within 24 hours before the end of the current period, at the price of the selected plan;
you can manage your subscription and turn off auto-renewal at any time in your device Account Settings (Settings, your name, Subscriptions) after purchase.

Purchases made through Google Play. If you subscribe inside our Android app, the purchase is processed by Google and renews automatically until cancelled. You can manage or cancel it in the Google Play Store under Subscriptions.

Purchases made on the web. If you subscribe on our website, payment is processed by our payment provider (Stripe) and renews automatically until cancelled. You can manage or cancel it from your billing settings on the Platform.

Introductory offers. An introductory price, free trial, or other introductory offer may be available to eligible new subscribers only, applies once, and converts to the standard recurring price at the end of the introductory period unless you cancel beforehand. Eligibility is determined by the applicable app store or payment provider. Where a free trial is offered, any unused portion of the free trial is forfeited when you purchase the subscription.

Cancellation and refunds. You may cancel at any time, effective at the end of the current billing period, using the management options above. For purchases made through the Apple App Store or Google Play, refunds are handled by Apple or Google under their terms. For web purchases, contact us at support@mystdio.com.

Price changes. We may change subscription prices. Where required, we will give you advance notice, and price changes apply only to billing periods after the notice.

Payments and Platform Fees

The Platform lets you (as a tenant) collect payments from your own clients through Stripe. Where you do this, the following applies to those payments. This is separate from the subscription fees you pay us for the Platform, which are covered above.

You are the merchant of record. You, not us, are the merchant of record for payments you collect from your clients through the Platform. When you connect Stripe, you enter into and accept the Stripe Connected Account Agreement directly with Stripe.

Stripe processes and holds the funds, not us. Stripe processes each payment and settles the funds into your connected Stripe account. We never receive, hold or control your clients' funds. Card details are handled by Stripe and do not pass through our servers.

You bear refunds, disputes and chargebacks. As the merchant of record, you are responsible for all refunds, disputes, chargebacks and reversals relating to payments you collect from your clients, and for any resulting fees or negative balances.

Our platform fee. We charge a platform application fee of 0.5% of each transaction you process through the Platform. This fee is configurable per tenant and may be set to a different rate for your account. The fee applicable to your account is shown in your billing settings. Stripe's own processing fees are separate and are charged by Stripe.

Prohibited and restricted businesses. You must not use Stripe or the Platform to process payments for any business or activity on Stripe's Prohibited and Restricted Businesses list without any required prior written approval. We may suspend or disable your payment collection, or your account, if we reasonably believe you are in breach of this section, the Stripe agreements, or applicable law.

Intellectual Property Rights

Unless otherwise indicated, we own or license the Content and all intellectual property rights (including any copyright, registered or unregistered designs, illustrations, artwork, patents or trade mark or logo rights and domain names) displayed or used on the Platform (Our Intellectual Property).

We authorise you to access and use the Platform solely for the purpose of managing your video production projects and to display, print and download the Content onto your personal device provided that you do not remove any copyright notice included in Our Intellectual Property.

Subject to the above, your use of, and access to, the Platform and the Content does not grant or transfer to you any rights, title or interest to Our Intellectual Property. Unless otherwise permitted in these Terms, you must not:

copy or use, in whole or in part, any of Our Intellectual Property;
reproduce, retransmit, distribute, display, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
breach any intellectual property rights connected with Our Intellectual Property, including altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website or platform, or creating derivative works from Our Intellectual Property.

Video Content and Project Materials

Video drafts, final deliverables, and project materials available through the Platform are provided for use in accordance with these Terms of Service and your subscription agreement.

You may only access, view, and download video content for which you are an authorised user. Sharing login credentials or video review links with unauthorised parties is prohibited unless using our designated sharing features.

Conduct We Don't Accept

You must not do or attempt to do anything that is unlawful, which is prohibited by applicable law, which we would consider inappropriate or which might bring us or the Platform into disrepute. This includes:

anything that would constitute a breach of an individual's privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
using the Platform to defame, harass, threaten, menace or offend any person;
using the Platform for unlawful purposes;
interfering with any user of the Platform;
tampering with or modifying the Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with the Platform, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with the Platform;
using the Platform to send unsolicited electronic messages;
using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform;
attempting to access another user's account or project materials without authorisation;
downloading, copying, or distributing video content in breach of our Terms and Conditions of Service; or
facilitating or assisting a third party to do any of the above acts.

These requirements are part of our Acceptable Use Policy, which is published separately on the Platform and forms part of these Terms. If there is any inconsistency between this section and the Acceptable Use Policy, the Acceptable Use Policy prevails to the extent of the inconsistency. We may suspend or limit your access for a breach of the Acceptable Use Policy in the way described in these Terms.

User Content

Posting Content: Users may have the opportunity to upload or post content, including text, images, videos, feedback, and other materials to the Platform (User Content), subject to our approval and these Terms. We reserve the right, at our sole discretion, to allow or prohibit the posting and hosting of User Content on our Platform.

Licence to Use User Content: By uploading or posting User Content on this Platform, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable licence to use, reproduce, distribute, display, and perform the User Content in connection with the Platform and the provision of our services.

User Responsibilities: You are solely responsible for your User Content and the consequences of posting or publishing it. You confirm that you own or have the necessary licences, rights, consents, and permissions to publish the User Content you submit.

Content Accuracy and Compliance: You agree that any User Content you provide does not and will not breach any law or infringe the rights of any third party, including copyright, trademark, privacy, and data protection laws.

Removal Rights: We reserve the right to edit or remove any User Content at any time without prior notice, for any reason, and without liability to you or any other party. This can include User Content that we believe violates these Terms or our policies, or which we find otherwise objectionable or inappropriate.

AI-Generated Content

The Platform may include features that use artificial intelligence to help you generate content, such as text, images, storyboards or other outputs (AI Output). The following applies to your use of these features.

Ownership. As between you and us, and to the maximum extent permitted by law, we assign to you (or do not claim) ownership of the AI Output you generate through your use of the Platform, so that you may use it for your and your clients' projects, subject to these Terms, your subscription, and the terms of the underlying AI providers.

AI Output may not be protected by copyright. Content that is generated purely by artificial intelligence, without sufficient human authorship, may not attract copyright protection in some jurisdictions. We do not warrant that any AI Output is protectable, original, or free from third-party rights, and you should not assume that you can prevent others from using similar output.

Infringement and trademark risk sits with you. You are responsible for reviewing AI Output before you use or publish it. To the maximum extent permitted by law, the risk that AI Output infringes a third party's copyright, trademark or other rights, or is otherwise unsuitable for your intended use, sits with you, not us.

Your warranties. You warrant that you have all rights, consents and permissions needed for any input you provide and any output you use, including the rights (such as likeness, image and publicity rights) for any identifiable person depicted in, or used to generate, AI Output.

Copyright Complaints and Takedowns

We respect intellectual property rights and expect our users to do the same. If you believe content on the Platform infringes your copyright, you can submit a takedown request under our Copyright and DMCA Takedown Policy, which is published separately on the Platform and forms part of these Terms. That policy explains how to send a notice, how we handle counter-notices, and how we deal with repeat infringers.

Third Party Sites

The Platform may contain links to websites operated by third parties, including video hosting and CDN providers. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you access third party websites via the Platform, such third party provides those services to you, not us.

Limitation of Liability and Indemnities

Your non-excludable statutory rights come first

Nothing in these Terms excludes, restricts or modifies any right, guarantee or remedy you have that cannot lawfully be excluded, restricted or modified. This includes the consumer guarantees under the Australian Consumer Law (where any term that excludes, restricts or modifies a consumer guarantee, or liability for its breach, is void under section 64 of the Australian Consumer Law), and any equivalent non-excludable rights under the New Zealand Fair Trading Act 1986, the New Zealand Consumer Guarantees Act 1993, or other consumer protection or non-excludable statutory rights in your jurisdiction. The rest of this section applies subject to your non-excludable statutory rights, and nothing in these Terms excludes, restricts or modifies them.

Where the law lets us limit our liability

Where you acquire the Platform or the Content as goods or services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption, and to the extent permitted by section 64A of the Australian Consumer Law, our liability for a failure to comply with a consumer guarantee (other than a guarantee that cannot by law be limited) is limited, at our option, to:

re-supplying the relevant services, or paying the cost of having them re-supplied; or
replacing or repairing the relevant goods, supplying equivalent goods, or paying the cost of doing so.

Cap on our liability

Except for liability that cannot by law be excluded or limited, our total aggregate liability to you arising out of or in connection with the Platform, the Content and these Terms (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise) is limited to the total fees you paid to us for the Platform in the 12 months immediately before the event giving rise to the liability.

Loss we are not liable for

Subject to your non-excludable statutory rights, and to the maximum extent permitted by law, we are not liable to you for any indirect, consequential, special or incidental loss or damage, or for any loss of profit, loss of revenue, loss of anticipated savings, loss of opportunity, loss of goodwill or reputation, loss of or corruption to data, or business interruption, however arising (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise) and even if the loss was foreseeable or we were advised of its possibility.

Your indemnity to us

To the maximum extent permitted by law, and except to the extent the relevant loss is caused by our own breach of these Terms, our negligence or our wilful misconduct, you indemnify us and our related bodies corporate, officers, employees and agents against any loss, liability, cost or expense (including reasonable legal costs) arising out of or in connection with:

your User Content, including any claim that it infringes intellectual property, likeness, image, publicity or privacy rights, or that you did not have the rights, consents or permissions needed to upload, use or share it;
your use of any AI Output, including any trademark, copyright or other infringement claim arising from that output (the risk of which sits with you, as set out in the AI-Generated Content section above);
your posting, scheduling or publishing of content to social media or other third-party accounts, including your authority to act on behalf of your own clients and the accuracy of the disclosures and consents you make when doing so;
any refund, dispute, chargeback or reversal relating to payments you collect from your own clients, for which you are the Stripe merchant of record (as set out in the Payments and Platform Fees section above); and
your breach of these Terms, including the Acceptable Use Policy.

Fairness of these Terms

We intend these Terms to be fair and balanced. Any variation of these Terms is subject to the advance-notice and no-penalty exit rights described in the Changes to These Terms section, we may only terminate or suspend your account for cause and with notice where practicable, and the indemnities above do not apply to loss caused by our own breach, negligence or wilful misconduct. You may also have rights under the unfair contract terms provisions of the Australian Consumer Law and the New Zealand Fair Trading Act 1986, which these Terms are not intended to limit.

Privacy

We respect your privacy and understand protecting your personal information is important. Our Privacy Policy (available on the Platform) sets out how we will collect and handle your personal information.

What Happens If We Discontinue the Platform

We may, at any time and without notice, discontinue the Platform (in whole or in part), or exclude any person from using our Platform. Where possible, we will provide reasonable notice before discontinuing the Platform and will make arrangements for you to access your project materials.

Eligibility and Age Requirements

Our Platform is intended for business use. You must be at least 18 years old, and able to enter into a binding contract, to open an account or use the Platform independently. In any case, and consistent with our Privacy Policy, the Platform is not directed to individuals under 16 years of age (or under 13 in jurisdictions where that is permitted). If you are under 18, you may only use the Platform with the consent and supervision of a parent, legal guardian, or your employer.

Which Laws Govern These Terms

These Terms are governed by the laws of New South Wales, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts.

For users in the European Union, UK, or Switzerland: These Terms do not affect your rights under the General Data Protection Regulation (GDPR) or other mandatory consumer protection laws in your jurisdiction. Where local law provides you with additional rights, those rights apply.

For users in California, USA: These Terms do not affect your rights under the California Consumer Privacy Act (CCPA) or other mandatory consumer protection laws.

Changes to These Terms

We may vary these Terms from time to time by publishing the varied Terms on the Platform.

Where a change materially and adversely affects you, we will give you reasonable advance notice (for example, by email or an in-Platform notice) before the change takes effect. If you do not agree to a material adverse change, you may terminate your subscription before it takes effect without penalty, and where you have pre-paid for a period that extends beyond the effective date, we will refund the unused portion on a pro-rata basis. Your continued use of the Platform after the change takes effect means you accept the varied Terms.

Changes that are not adverse to you (for example, changes to reflect new features, or to comply with law) may take effect when we publish them. We recommend you check the Platform from time to time so you are aware of the current Terms.

Contact Us

For any questions and notices, please contact us at:

MyStdio, a product of Zyon Entertainment Pty Ltd
ABN 24 640 498 997
383 Pitt Street, Sydney NSW 2000, Australia
Email: support@mystdio.com