In summary: By using Studio, you agree to these terms.
These are the Studio Terms of Service ("Terms"), and they apply to all users of Studio's website and mobile applications. These Terms are a legal contract between you ("you", "your") and Openmind Learning Inc.
"Studio" refers to this website, our mobile applications, and the services offered by us. "Us", "our", and "we" refer to Openmind Learning, Inc. "Everyone" refers to you and us collectively.
This agreement governs your use of all the text, data, information, software, graphics, photographs, materials, samples, templates, and more (all of which we refer to as "Materials") that we and our affiliates may make available to you, as well as any services ("Services") we provide through any of our websites or mobile applications (all of which are referred to in these Terms as this "Website" or "Studio").
Please read these terms carefully before using Studio. Using Studio indicates that you have both read and accept these terms. You cannot use Studio if you do not accept these terms.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
In summary: You are responsible for your account, and you must be 13 years or older to have an account. You can delete your account at any time.
You're welcome to browse much of Studio without creating an account. However, in order to access certain password-restricted areas and to use the Services and Materials, you'll need to successfully create an account with us.
To create an account, you must be at least 13 years or older, and if you're less than 18 years old (a "Minor"), you need your parent or guardian's permission. If you are a parent or guardian of a Minor, you agree to bind the Minor to these Terms and to fully indemnify and hold us harmless if the Minor breaches any of these Terms.
You can submit the following information through the account registration page on this website to create an account:
You may also provide additional, optional information so that we can provide you a more customized experience when using the Services.
When you create an account, you agree to provide accurate, current, and complete information, and to keep your information updated if it changes.
You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission, so it's important to keep your account credentials confidential.
You may not share your account credentials with anyone else. We will not intervene in disputes between users who have shared account credentials. Should you believe your password or security for this Website has been breached in any way, let us know by using the below contact information. We may request some information from you to confirm that you are indeed the owner of your account.
You may not transfer your account to someone else or use someone else's account. In the event of the death of a user, their account will be closed.
You can terminate your account at any time by contacting us using the contact information listed below.
Studio gives creators the opportunity to share their knowledge and expertise to make money on the Studio platform. There are a lot of details involving payments, licensing, and restrictions, which you should read in full before applying for a creator account.
In summary: Creators are Studio users with special accounts that allow them to share knowledge and expertise with our customers.
As a creator on Studio, you can publish apps and content that share your knowledge and expertise with customers. Creators manage what they publish and how it's offered on Studio, including pricing and eligibility for promotional programs. As a creator, you:
To get paid as a creator, you will need to provide additional information:
If you'd like to delete your creator account, you can contact us using the contact information provided below. We'll use commercially reasonable efforts to make any remaining scheduled payments that are owed to you before deleting your account. However, if customers have previously purchased your content, your name and that content may remain accessible to those customers after your account is deleted.
In summary: Creators can choose how to price their content and whether to participate in promotional programs that help increase revenue potential. You can opt out of promotional programs if you don't want to participate.
When creating content available for purchase on Studio, you will be prompted to select a base price for your content from a list of available price tiers.
We offer several optional marketing programs in which you can choose to participate. These programs can help increase your revenue potential on Studio by finding the optimal price point for your content, getting your content in front of more users (via email campaigns and/or paid ad campaigns), and offering access to your content through loyalty programs, subscription programs, and other marketing programs.
Your content will be automatically opted in to participate in marketing programs, but you can modify your participation status at any time. Changes you make will not apply to currently active campaigns and certain programs may have additional requirements on termination.
If you opt out of any marketing programs, we will list your content for the base price. If you opt to participate in a marketing program, we may set a different discounted price or list price for your content.
When you upload content, you give us permission to share your content for free with our employees, with selected partners, and in cases where we need to restore access to accounts who have previously purchased your content. You will not receive compensation in these cases.
If a user purchases a product or service in a country that requires Studio to remit national, state, or local sales or use taxes, value added taxes (VAT), or other similar transaction taxes, under applicable law, we will collect and remit those transaction taxes to the competent tax authorities for those sales. We may increase the sale price at our discretion where we determine that such taxes may be due. For purchases through mobile applications, applicable transaction taxes are collected by the mobile platform (such as Apple's App Store or Google Play).
In summary: Creators earn 80% of Net Revenue from sales of their content; if they participate in the Studio Marketing Program, they earn 50% of the Net Revenue from Direct Studio Sales, and 80% of the Net Revenue from all other sales while participating. For transactions below the Studio Standard Price Minimum, the revenue split is adjusted to ensure Studio receives a minimum amount to cover AI, hosting, and operational costs.
Net Revenue is defined as the total amount actually received from the customer after all applicable payment processing fees, taxes, refunds, chargebacks, and third-party platform fees are deducted.
Standard Revenue Split (for transactions at or above the Studio Standard Price Minimum):
When Net Revenue from a transaction is $15.00 or greater, creators receive 80% of Net Revenue and Studio receives 20% of Net Revenue. However, if you participate in the Studio Marketing Program, your revenue share for applicable sales while participating is 50% of Net Revenue from Direct Studio Sales and 80% of Net Revenue from all other sales while you are participating in the program, where Direct Studio Sales represents the sales that Studio drives explicitly from our direct marketing and paid marketing of your content, as tracked by Studio.
Adjusted Revenue Split (for transactions below the Studio Standard Price Minimum):
When Net Revenue from a transaction is between $3.00 and $14.99:
When Net Revenue from a transaction is less than $3.00:
The minimum customer payment amount is $3.00.
Marketing Program:
Creators who are not participating in the Studio Marketing Program receive 80% of the Net Amount for each purchase of their content. However, if you participate in the Studio Marketing Program, your revenue share for applicable sales while participating is 50% of the Net Amount from Direct Studio Sales and 80% of the Net Amount from all other sales while you are participating in the program, where Direct Studio Sales represents the sales that Studio drives explicitly from our direct marketing and paid marketing of your content, as tracked by Studio. You may opt out of the Studio Marketing Program at any time by contacting support@studio.com, in which case the standard 80% revenue share will apply to all revenues earned after you opt out. Your participation in the Studio Marketing Program does not guarantee that Studio will directly market or promote your content.
"Net Amount" means the gross amounts received and retained by Studio directly from sales of Content after deduction of third-party payment processing fees, refunds, discounts, credits and sales tax, and in the case you are opted into Studio's paid marketing program, marketing costs directly associated with your content.
If we change this payment rate, we will provide you 30 days notice using prominent means, such as via email or by posting a notice through our Services.
The creator earnings will be paid to you on a monthly basis in accordance with our customary accounting policies (i.e., 30 days following the end of each calendar month in which there are any creator earnings to be paid).
Users of Studio who purchase creator content may have the right to receive a refund, as detailed below. Creators will not receive any revenue from transactions for which a refund has been granted.
You are responsible for promoting your content. We have the right to offset any overpayment to you against future payments or demand that you promptly repay such overpayment. We are entitled to withhold or deduct any amounts required to be withheld or deducted by law.
We make all creator payments in U.S. dollars (USD) regardless of the currency with which the sale was made. We are not responsible for your foreign currency conversion fees, wiring fees, or any other processing fees that you may incur. Your revenue report will show your converted revenue amount in USD.
In summary: We make payments to U.S. bank accounts or PayPal accounts. You need to provide accurate identifying information and tax documentation to receive payment.
For us to pay you in a timely manner, you need to own a PayPal or U.S. bank account in good standing and must keep us informed of the correct email and other identifying information associated with your account. You must also provide any identifying information or tax documentation (such as a W-9 or W-8) necessary for payment of amounts due, and you agree that we have the right to withhold appropriate taxes from your payments. We reserve the right to withhold payments if we do not receive proper identifying information or tax documentation from you. You are ultimately responsible for any taxes on your income, and you are responsible for determining whether you are eligible to be paid by a U.S. company.
If we cannot settle funds into your payment account after the period of time set forth by your state, country, or other government authority in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by submitting those funds to the appropriate government authority as required by law.
We may withhold all or any part of the payments due to you but not yet paid out if we think that you have or may have seriously or repeatedly breached any part of the Terms, or if we suspect that all or any part of the payments due to you result from unlawful or fraudulent activity, either by you, by the customer who purchased the content which resulted in the payment, or by the referred creator to whom the purchase was made which resulted in the referral payment.
In summary: If you cancel your Studio creator subscription, your apps and content are removed from the Studio marketplace. Existing subscribers keep access while their subscriptions remain active, but you will not receive creator earnings for those subscriptions; we will collect those earnings.
If you cancel your Studio creator subscription, all of your apps and content will be removed from the Studio marketplace. End users who are actively subscribed to your app(s) at the time of removal will continue to have access as long as their subscriptions remain active. During this period, you will not receive creator earnings for those subscriptions; we will collect and retain the amounts otherwise payable.
In summary: If you request deletion of an app or content that still has active users, we will de-list it so no new users can subscribe; existing subscribers keep access. To fully delete an app that still has active users, contact support.
If you request to delete a specific app that has active users, we will de-list the app from the Studio marketplace so no new users can subscribe. Existing subscribers will continue to have access as long as their subscriptions remain active. If you want the app fully deleted while there are still active users, please contact support@studio.com to coordinate removal.
In summary: We do not claim any intellectual property rights in creator content. We license content from creators according to the rules below.
We do not claim any intellectual property rights in your content. By uploading the content to Studio, you grant us a worldwide, royalty free license to display, sell, market, or otherwise use your content. You also authorize us to sublicense these rights to your content to third parties, including to users directly and through paid advertising on third-party platforms.
If you remove any of your content from the website, our right to sublicense the rights for the removed content will terminate with respect to new users 30 days after you remove it. However, rights given to users before the content's removal will continue in accordance with the terms of those licenses (including any grants of lifetime access).
We may use your content for marketing and operating Studio. You grant us permission to use your name, nickname, image, likeness, voice, and statements in connection with marketing and operating the website, your content, or our content, and you waive any rights of privacy, publicity, or other rights of a similar nature, to the extent permissible under applicable law.
You acknowledge and agree that certain of the Services utilize machine learning and artificial intelligence to process content and to provide, improve and modify the Services ("Machine Learning").
Accordingly, you hereby grant us a non-exclusive, royalty-free, fully-paid-up license to use your content, the information you transmit to Studio, and the results obtained from the processing of such content and information, in connection with such Machine Learning, for the purpose of operating, improving, and personalizing your own apps, products, or related services.
In summary: We partner with anti-piracy vendors to help protect creator content. If you'd like to opt out of piracy protection, you can contact us.
We partner with anti-piracy vendors to help protect your content from unauthorized use. By using Studio as a creator, you appoint us and our anti-piracy vendors as your agents for the purpose of enforcing copyrights for your content, through notice and takedown processes (for example, under DMCA) and for other efforts to enforce those copyrights. You also grant us and our anti-piracy vendors primary authority to file notices on your behalf to enforce your copyright interests.
If you'd like to revoke those rights, you can do so by sending an email to legal@studio.com with the subject line: "Revoke Anti-Piracy Protection Rights" from the email address associated with your account. Any revocation of rights will be effective 48 hours after we receive it.
In summary: Creators can use the Studio trademarks as long as they abide by our guidelines.
As a creator on Studio, you can use the Studio trademarks in certain settings. You can use the images of such trademarks in connection with the promotion and sale of your content on Studio, but you can't use them in a misleading, disparaging, or unlawful way. If we request that you stop using our trademarks, you must do so immediately.
In summary: Creators are responsible for the content they post, as well as for abiding by our policies. Creators who do not abide by these policies may have their accounts terminated. The relationship between us and creators is governed by these terms & policies and don't extend beyond them.
As a creator, you are responsible for all content that you post. The ability to post content on Studio comes with heightened responsibilities:
When you post content to Studio, you represent and warrant and are responsible for making sure that:
We reserve the right to remove content, suspend payouts, and/or ban creators for any reason at any time, without prior notice, including in cases where:
Remember that your use of Studio is subject to our approval, which we may grant or deny at our sole discretion.
Every creator is bound personally by these Terms, even if you have an agent, management company or other third party which assists you with the operation of your creator account (or operates it on your behalf). Our relationship is with you, and not with any third party, and you are legally responsible for ensuring that all content posted and all use of your account complies with these Terms.
Everyone agrees that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
Whether as a creator or a customer of Studio, you're part of an exciting movement to share knowledge and expertise with people around the world. The terms below apply to everyone using Studio (including our website and mobile applications) and make this movement possible, so it's important to familiarize yourself with them.
In summary: Your privacy is important to us, and Studio is a place where everyone should feel comfortable. You should read our privacy policy, and report any violations.
We respect the information that you provide to us and want to be sure you fully understand exactly how we use that information, so please review our Privacy Policy.
Creating a community where everyone feels comfortable is important to us, so please review our Trust & Safety Policy to familiarize yourself with our community guidelines.
If you see violations of our community guidelines, please report them by contacting us using the email provided below. Violators of our community guidelines may have their accounts terminated without prior notice.
When you, as a user of Studio who is not functioning as a "Creator", upload, submit, share or otherwise make available content through the Services (including text, files, audio, video, chat transcripts, prompts, or other materials) ("User Content"), the following rules apply:
Ownership. You retain all right, title and interest in and to your User Content.
License to Us. By uploading or submitting User Content to Studio you grant us a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable and transferable license to store, use, reproduce, modify, create derivative works of, display, distribute and otherwise exploit your User Content in connection with the operation of Studio's Services (including training and improving machine learning components) and marketing the Services. You also grant us the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes.
License to Other Users. If you choose to make your User Content visible or accessible to other users (e.g., by sharing or enabling collaboration), then by doing so you grant those users the rights necessary for them to access and use your User Content in accordance with the functionality you select (e.g., view, comment, download).
AI Processing & Results. Your User Content may be processed by Studio's machine-learning or AI systems. You understand and agree that such processing may generate outputs ("AI Results") which may be based in part on your User Content. Unless separately agreed, you (or we, depending on the scenario) receive the rights to use, practice and exploit such AI Results under the license granted in these Terms.
Visibility and Sharing. You are responsible for ensuring your User Content does not violate the rights of any third party or any law. Studio reserves the right to remove or restrict access to User Content at its discretion in accordance with our Trust & Safety Policy. We may, but are not obligated to, pre-screen User Content or monitor any area of Studio through which User Content may be submitted. We are not required to host, display, or distribute any User Content on or through Studio and may remove at any time or refuse any User Content for any reason. We do not guarantee that you will be able to edit or delete any User Content you have submitted.
Deletion and Export. You may delete your User Content at any time by [method]. Upon deletion, Studio will remove access to your User Content for both you and other users. Export of your User Content is available via [method]. Please note that deletion may not remove copies already shared by other users or backups retained for limited time as required by law.
No Warranty & Limited Liability. Studio does not guarantee that your User Content will remain private or secure. You bear all risk for uploading, sharing or using your User Content and releases us from liability as permitted by applicable law. We are not responsible for any loss, theft, or damage of any kind to any User Content. Further, you agree that we may freely disclose your User Content to any third party absent any obligation of confidence on the part of the recipient.
Representations & Warranties. You represent and warrant that:
Indemnification. You agree to indemnify and hold Studio harmless from any claims or liabilities arising out of your User Content or use of your User Content by other users.
By operating our Services, we do not represent or imply that we endorse the User Content posted on Studio, or that we believe any such User Content to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from harmful or destructive content.
In summary: Many of Studio's offerings require payment, and you have an obligation to pay any fees you incur. If you'd like to request a refund, you can review our refund policy below.
You agree to pay all applicable fees related to your use of Studio, which are described fully on our payment page. We may suspend or terminate your account if your payment is late or your payment method is declined. By providing a payment method, you authorize us to charge the applicable fees and taxes on that payment method, including sales and use taxes based on the billing address you provide.
If you purchase a subscription, we will charge the applicable fees at regular intervals which depend on your particular subscription.
IMPORTANT NOTICE – AUTOMATIC RENEWAL: BEGINNING WITH THE FIRST SUBSCRIPTION PERIOD FOLLOWING THE END OF THE SUBSCRIPTION PERIOD FOR WHICH YOU INITIALLY SUBSCRIBE, WE WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION. EACH RENEWAL PERIOD WILL BE FOR THE SAME LENGTH AS YOUR IMMEDIATELY PRECEEDING SUBSCRIPTION TERM.
AS AUTHORIZED BY YOU DURING THE REGISTRATION PROCESS, WE OR OUR THIRD-PARTY PAYMENT PROCESSOR WILL CHARGE YOUR PAYMENT METHOD WITH THE APPLICABLE MONTHLY FEE AT THE BEGINNING OF EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL YOUR SUBSCRIPTION AT LEAST FIVE DAYS PRIOR TO THE EXPIRATION OF YOUR PREVIOUS SUBSCRIPTION BY VISITING YOUR STUDIO.COM DASHBOARD AND CANCELLING YOUR SUBSCRIPTION IN THE SETTINGS TAB.
WE REQUIRE A REASONABLE AMOUNT OF TIME TO PROCESS YOUR CANCELLATION REQUEST. IF YOU CANCEL YOUR SUBSCRIPTION LATER THAN FIVE DAYS PRIOR TO THE LAST DAY OF YOUR CURRENT SUBSCRIPTION TERM, YOU WILL NOT RECEIVE A REFUND, BUT WILL CONTINUE TO ENJOY YOUR SUBSCRIPTION BENEFITS UNTIL THE EXPIRATION OF THE THEN-CURRENT MONTH FOR WHICH YOU HAVE PAID. NOTWITHSTANDING THE FOREGOING, WE WILL PROVIDE A REFUND TO YOU IF YOU CANCEL IF IT IS WITHIN FIVE (5) DAYS FROM THE DATE OF PURCHASE AND YOU HAVE NOT VIEWED THE CONTENT PURCHASED. REFUND POLICIES ARE SUBJECT TO CHANGE.
WE RESERVE THE RIGHT TO MODIFY OUR PRICING AT ANY TIME UPON 30 DAYS ADVANCE NOTICE TO YOU (BUT NOT THE PRICE IN EFFECT FOR THE THEN-CURRENT MONTH (FOR MONTHLY SUBSCRIPTIONS), QUARTER (FOR QUARTERLY SUBSCRIPTIONS) OR YEAR (FOR ANNUAL SUBSCRIPTIONS) FOR WHICH YOU HAVE PAID). IF YOU HAVE NOT TURNED OFF THE AUTO-RENEW FUNCTION OR CANCELLED YOUR SUBSCRIPTION BY VISITING STUDIO.COM/DASHBOARD AND CANCELLING YOUR SUBSCRIPTION IN THE SETTINGS TAB WITHIN THE 30-DAY PERIOD AFTER RECEIVING NOTICE OF A PRICE CHANGE, YOUR SUBSCRIPTION WILL AUTO-RENEW AT THE PRICE INDICATED IN THE NOTICE.
In summary: You can submit DMCA notifications and counter-notifications by following the steps below. We take intellectual property infringement seriously, and repeat offenders will be terminated.
We have a policy of removing content that violates intellectual property rights of others, suspending access to Studio to any user who violates someone's intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses Studio in violation of someone's intellectual property rights.
Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of Studio, please provide written notice to our agent for notice of claims of infringement:
Attn: Studio Legal
Openmind Learning Inc 5850 W 3rd St Ste E #1503 Los Angeles, CA 90036
Agent Email: legal@studio.com
To be sure the matter is handled immediately, your written notice must:
Unless the notice pertains to copyright or other intellectual property infringement, the agent will be unable to address the listed concern.
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our agent with a written counter-notification that includes the following information:
We reserve the right, in our sole discretion, to terminate the account of any user who is the subject of repeated DMCA or other infringement notifications.
In summary: We invite you to use Studio for individual, personal and non-commercial purposes. We're granting you a license to use Studio (including our website and mobile applications), and your right to use it is conditioned on your compliance with these terms. The Studio name and logos are trademarks and service marks that belong to us, and all rights that aren't expressly granted in these terms are reserved.
In these terms we are granting you a limited, personal, non-exclusive and non-transferable license to view Materials, conditioned on your compliance with these terms (including payment of any applicable fees). You may not transfer or resell the Materials in any way. You have no other rights in Studio or any Materials and you may not modify, reproduce, create derivative works of, or in any way exploit any of Studio or the Materials. All rights in Studio remain our property, and any use of Studio beyond the purposes listed above is prohibited and constitutes unauthorized use of Studio.
Studio may provide you with an opportunity to enhance your Studio experience through the use of generative AI features. For example, as a creator, you may use such features to create learning plans or other materials to use along with your content. As a content subscriber, you might use these features to develop a customer curriculum based on your expertise and interests. All materials created through the use of generative AI features are referred to in these Terms as "AI Results". The AI features will not modify the content that creators upload to the site and do not use other creators' content to create new AI Results for you. To the extent we obtain any ownership or intellectual property rights in or to any AI Results generated through your use of the AI features, we hereby grant you a non-exclusive, royalty-free, worldwide license to fully use, practice and exploit such AI Results in connection with your use of Studio. You understand and agree that, due to the nature of machine learning, AI Results generated and returned to users of Studio may not be unique across users and Studio may generate the same or similar output for a third party.
Unfortunately, if you breach any of these terms, the foregoing license will terminate automatically and you must immediately destroy any downloaded or printed content.
Unauthorized use of Studio may result in violation of various United States and international copyright laws. Here are some examples of unauthorized use (note that this is not a complete list):
The Studio name and logos are trademarks and service marks that belong to us. Other trademarks, names, and logos on Studio are the property of their respective owners.
Unless otherwise specified in these terms, all materials are our sole property. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
In summary: We sometimes provide links to third-party websites. We are not responsible for third-party websites, and if you use these links, you will leave Studio.
We sometimes provide links on Studio to third-party websites. If you use these links, you will leave Studio. We do not control any of the third-party websites, and we are not responsible for the products, services, or content available through them. We do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from Studio, you do so entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party websites.
In summary: We can't promise you that Studio is free of problems, and we make no warranties about Studio.
STUDIO IS PROVIDED "AS IS" AND "WITH ALL FAULTS", AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF STUDIO RESTS WITH YOU.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, OR STATUTORY) WITH RESPECT TO STUDIO, WHICH INCLUDES BUT IS NOT LIMITED TO ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
THIS MEANS THAT WE DO NOT PROMISE YOU THAT STUDIO IS FREE OF PROBLEMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT STUDIO WILL MEET YOUR REQUIREMENTS OR THAT STUDIO WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN STUDIO WILL BE CORRECTED. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF STUDIO OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH STUDIO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH STUDIO OR FROM US OR OUR SUBSIDIARIES/OTHER AFFILIATED COMPANIES SHALL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES. Studio may contain content that is offensive, indecent, or otherwise objectionable. We disclaim any responsibility for any harm resulting from your use of Studio, or from any viewing, downloading or use by you of content posted on Studio.
Without limiting the foregoing, you understand responses provided by Studio's generative AI features may contain errors and omissions or "hallucinate," and/or may be responding to a different question than intended. It is your sole responsibility to verify the accuracy and relevancy of any of the AI Results provided by such features.
In summary: We are not liable to you for any damages related to your use of Studio.
We shall not be liable to you for any damages resulting from your displaying, copying, or downloading any materials to or from Studio. To the maximum extent permitted by applicable law, in no event shall we be liable to you for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use or other economic advantage) however arising, even if we know there is a possibility of such damage. In no event will our liability exceed the greater of $100 and the amounts you pay to us for use of, or in connection with your use of Studio.
The Materials available on Studio, such as text, graphics, images, information and content obtained from creators, and other material contained on Studio are for informational purposes only. The use of Studio does not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. The Materials are not intended to be a substitute for professional medical advice, diagnosis, or treatment. We do not represent or warrant that any particular information, method or product is safe, appropriate or effective for you. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have seen on Studio. If you think you may have a medical emergency, call your doctor or 911 immediately. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on Studio. Reliance on any information provided by us, our employees, creators appearing on Studio, or other visitors to Studio is solely at your own risk.
Opinions, advice, statements, or other information made available on Studio are those of their respective creators and should not necessarily be relied on. Such creators are solely responsible for such content. WE DO NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY INFORMATION ON STUDIO OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY ANY THIRD-PARTY. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON STUDIO OR TRANSMITTED TO OR BY ANY THIRD-PARTY.
In summary: You agree to indemnify us and our affiliates from any claims and expenses arising from your use of the Services and Materials.
You agree to indemnify and hold us and our contractors, licensors, and ours and their respective directors, officers, employees, and agents harmless from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, the Services or the Materials, your violation of this agreement, your violation of any of our policies, or your violation of the rights of another, including but not limited to intellectual property or other proprietary rights. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
If you are a creator, you also expressly agree to indemnify us against any claims arising from your use of users' personal data.
Your interactions with individuals and/or organizations found on or through Studio, including your decision to use content, information and/or data provided by such individuals and/or organizations, is your decision for which you alone are responsible. You understand and agree that we do not and cannot make representations as to the suitability of (i) any third party services, content information and/or data you may access via Studio; (ii) any individual or entity you may decide to interact with on or through Studio and/or (iii) the accuracy or suitability of any advice, information, or recommendations made by any user.
IF THERE IS A DISPUTE BETWEEN USERS OF THE STUDIO, OR BETWEEN ANY USER OF STUDIO AND ANY OTHER THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT WE ARE UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ANY THIRD PARTY, YOU HEREBY RELEASE US, OUR OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
In summary: This provision requires that all disputes shall be resolved by arbitration. Acceptance of these terms constitutes a waiver of your right to litigation and opportunity to be heard by a judge or jury. This includes a Class Action Waiver.
Please Read This Provision Carefully. It Affects Your Legal Rights.
This Provision facilitates the prompt and efficient resolution of any dispute, whether based in contract, statute, regulation, ordinance, tort — including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence — or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and us. Effectively, "dispute" is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
This Provision provides that all disputes between you and us shall be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney's fees). You may, however, opt out of this Provision which means you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
For all Disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve the Dispute which is first done by emailing us at legal@studio.com the following information: (1) Your name, (2) Your address, (3) A written description of your Claim, and (4) A description of the specific relief you seek. If we do not resolve the Dispute within 45 days after receiving your notification, then you may pursue your Dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.
Notwithstanding the above, you or we may choose to pursue a Dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the "Opt-Out Deadline"). You may opt-out of this Provision by emailing us at legal@studio.com the following information: (1) Your name; (2) Your address; (3) A clear statement that you do not wish to resolve disputes with us through arbitration. Your decision to opt out of this Arbitration Provision will have no adverse effect on your relationship with us. But we do have to enforce the Opt-Out Deadline, so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court.
If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or we may initiate arbitration proceedings. The American Arbitration Association ("AAA"), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA's Commercial Arbitration Rules will apply. In either instance, the AAA's Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative procedures or rules apply to the arbitration.
Because this Website and these Terms concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award — The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration — You or we may initiate arbitration in either California or the federal judicial district that includes your billing address.
Payment of Arbitration Fees and Costs — So long as you place a request in writing prior to commencement of the arbitration, we will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator's hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. But you will still be responsible for all additional fees and costs that you incur in the arbitration which include but are not limited to attorneys' fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with us as provided in the section above titled "Pre-Arbitration Claim Resolution" and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney's fees and costs as determined by the arbitrator.
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and we specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of Studio can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
Arbitration does not involve a judge or jury. You understand and agree that by entering into these Terms you and we are each giving up the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and we might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
This Provision shall survive the termination of your account with us or our affiliates and your discontinued use of Studio. Notwithstanding any provision in these Terms to the contrary, we agree that if we make any change to this Provision (other than a change to the Notice Address), you may reject any such change and require us to adhere to the present language in this Provision if a dispute between us arises.
In summary: We are headquartered in the United States of America, and do business in English.
We control and operate Studio from our headquarters in the United States of America and the entirety of Studio may not be appropriate or available for use in other locations. If you use Studio outside the United States of America, you are solely responsible for following applicable local laws.
These Terms and all documents and notices relating thereto be drafted in the English language. We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms and the English version, the English version will control.
In summary: Any feedback you provide us is non-confidential and non-proprietary.
Any submissions by you to us (e.g., comments, questions, suggestions, materials, survey responses, testimonials, reviews — collectively, "Feedback") through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all feedback as we may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the feedback, and you have no right to compel such use, display, reproduction, or distribution.
In summary: In many cases, we will tell you if you are not complying with these Terms, and we'll recommend corrective actions. However, certain violations may require immediate termination of your access without prior notice.
If we believe that you are not complying with these Terms, we will tell you and may provide you with recommended necessary corrective action(s).
However, certain violations of these Terms, as determined by us, may require immediate termination of your access to Studio without prior notice to you. The Federal Arbitration Act, California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or Studio will be heard in the courts located in Los Angeles County, California. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforce any of these Terms, we are not waiving our rights. These Terms are the entire agreement between you and us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Everyone about Studio. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
In summary: California users are entitled to an additional consumer rights notice as detailed here.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: Studio is provided by Openmind Learning, Inc., 1149 N Gower St #239, Los Angeles, CA 90038. If you have purchased anything from or through Studio, a description of what you have purchased and relevant pricing information are posted as part of the ordering process for Studio (please consult your individual purchase confirmation e-mail for the charges you incurred). If you have a question or complaint regarding the Studio, please contact Customer Service through chat on Studio or at support@studio.com. You may also contact us by writing to:
Studio Customer Service
5850 W 3rd St
Suite E #1503
Los Angeles, CA 90036
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
In summary: These terms, as well as the materials and services we offer you, may be updated from time to time.
We may alter the Materials and Services we offer you and/or choose to modify, suspend or discontinue Studio at any time and without notifying you. We may also change, update, add or remove provisions of these terms from time to time. Because everyone benefits from clarity, we promise to inform you of any material modifications to these terms by posting them on Studio and/or, if you have registered with us, by describing the modifications to these terms in an email that we will send to the address that you provided during registration. To be sure we properly reach your email inbox, we just ask that you let us know if your preferred email address changes at any time after your registration.
If you object to any such modifications, your sole recourse shall be to cease using Studio. Continued use of Studio following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of Studio. Such expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.
If you have any questions about these Terms you can reach us at:
Studio Legal Team
legal@studio.com
Openmind Learning, Inc.
5850 W 3rd St
Ste E #1503
Los Angeles, CA 90036