Terms of Service

1 Service Description

Studio Photuna provides a cloud-based Software-as-a-Service (SaaS) platform designed for Korean-style photobooth operations. Our services include, but are not limited to: the Studio Photuna Windows desktop application for managing photobooth sessions, camera connections, template design, thermal and dye-sublimation print configurations, and guest photo delivery; an online event booking and reservation system enabling clients to schedule photobooth services for weddings, corporate events, birthday celebrations, and other occasions; digital asset management tools including QR-based photo sharing, gallery hosting, and template libraries; and operator dashboards for revenue tracking, event analytics, and client management. We reserve the right to modify, update, or discontinue any feature of our services at any time, with reasonable notice provided to active subscribers.

2 User Eligibility

You must be at least eighteen (18) years of age to register for an account, subscribe to our services, or enter into any booking agreement with Studio Photuna. By using our platform, you represent and warrant that you are of legal age and have the full legal capacity to enter into binding contracts under the laws of the Republic of the Philippines, including but not limited to the provisions of the Civil Code of the Philippines (Republic Act No. 386). If you are accessing our services on behalf of a business entity, you further represent that you have the authority to bind that entity to these Terms. We reserve the right to request valid government-issued identification to verify your age and identity at any time.

3 Account Responsibilities

You are solely responsible for maintaining the confidentiality of your account credentials, including your email address, password, and any API keys or license tokens associated with your subscription. You agree to immediately notify Studio Photuna of any unauthorized access to or use of your account. You must not share, transfer, or sell your account access to any third party without our prior written consent. All activities conducted under your account are your responsibility, and Studio Photuna shall not be liable for any loss or damage arising from your failure to safeguard your login information. You agree to provide accurate, current, and complete registration information and to keep such information updated throughout the duration of your subscription.

4 Payment Terms

All subscription fees and event booking payments are processed through our supported payment channels, including GCash, Stripe, PayMongo, PayPal, and Xendit, and other electronic payment methods recognized under Republic Act No. 8792, also known as the Electronic Commerce Act of 2000, which grants legal recognition to electronic documents, signatures, and transactions conducted in the Philippines. Subscription plans operate on a recurring billing model (monthly or annual), and charges are automatically applied at the start of each billing cycle unless cancelled prior to renewal. For on-site event bookings within Metro Manila and surrounding areas, a non-refundable downpayment of fifty percent (50%) of the total service fee is required to confirm and lock your event date. The remaining balance must be settled no later than three (3) business days before the scheduled event. Failure to complete payment within the specified period may result in automatic cancellation of the reservation. All prices are quoted in Philippine Pesos (PHP) and are inclusive of applicable taxes unless otherwise stated. Studio Photuna reserves the right to adjust pricing with at least thirty (30) days written notice to active subscribers.

5 Intellectual Property

All intellectual property rights in the Studio Photuna platform, including but not limited to the software source code, user interface designs, logos, trademarks, template libraries, documentation, and proprietary algorithms, are and shall remain the exclusive property of Studio Photuna, protected under the Intellectual Property Code of the Philippines (Republic Act No. 8293). Your subscription grants you a limited, non-exclusive, non-transferable, and revocable license to use the platform solely for its intended purpose. You may not reverse-engineer, decompile, disassemble, copy, mirror, redistribute, or create derivative works from any part of our software or platform assets. Unauthorized reproduction or distribution of our proprietary materials constitutes infringement and may result in immediate account termination and legal action.

6 User-Generated Content & Your Obligations as Data Controller

Photographs, images, and other media captured during photobooth sessions at events ("User-Generated Content") remain the property of the respective event guests and clients. By using our QR sharing and gallery hosting features, you grant Studio Photuna a limited, non-exclusive, royalty-free license to store, process, transmit, and temporarily cache such content solely for the purpose of delivering the requested services, such as printing, digital sharing, and gallery access. Studio Photuna does not claim ownership of User-Generated Content and will not use guest photos for marketing, advertising, or promotional purposes without obtaining explicit written consent from the relevant parties.

Stored User-Generated Content is automatically deleted at the end of the retention period applicable to your subscription plan (7 days on Free, up to 365 days on Business — see Section 9 of our Privacy Framework for the full table). Your current plan's retention period is displayed in your dashboard. You may manually delete galleries at any time.

As explained in Section 2 of our Privacy Framework, you — not Studio Photuna — are the data controller for your guests' photographs and event data under the Data Privacy Act of 2012 (Republic Act No. 10173), the GDPR, and the UK GDPR. As the data controller for that data, you agree to:

• (a) Display the Studio Photuna consent screen on the booth before each session, ensuring guests can meaningfully accept or decline before being photographed.
• (b) Maintain your own privacy notice for your events describing how guest photos are used, and make it available to guests on request.
• (c) Obtain verifiable parental or guardian consent before allowing guests under 16 to use the booth.
• (d) Forward any data subject requests (erasure, access, correction) received from your guests that require action on Studio Photuna's systems to support@studiophotuna.com within 5 business days.
• (e) Not use guest photos for marketing, advertising, or commercial purposes without separate explicit written consent from the individual depicted.
• (f) For events where guests under 16 are anticipated, enable minor-event mode in your dashboard settings before the event begins. Failure to do so for events attended by minors is a material breach of this Agreement.

7 Data Processing Agreement (Article 28 GDPR)

This section forms the Data Processing Agreement ("DPA") between you, as the data controller for your guests' photographs and event data, and Studio Photuna, as your data processor, as required by Article 28 of the GDPR and UK GDPR, and consistent with our obligations under RA 10173. It applies whenever Studio Photuna processes guest personal data (including photographs) on your behalf.

• (a) Processing on your instructions. We will only process guest personal data on your documented instructions, as given through your use of the Service (for example, event configuration, retention plan selection, and deletion requests), unless we are required to do otherwise by law — in which case we will inform you before processing, unless the law prohibits this.
• (b) Confidentiality. All Studio Photuna personnel and contractors with access to guest personal data are bound by confidentiality obligations, whether contractual or statutory, and only access such data to the extent necessary to provide the Service.
• (c) Security measures. We implement appropriate technical and organisational security measures to protect guest personal data, as described in Section 14 of our Privacy Framework, including encryption in transit and at rest, access controls, and regular security reviews.
• (d) Sub-processors. Studio Photuna may engage the sub-processors listed in Section 7 of our Privacy Framework to help deliver the Service. We will notify you of any new or replacement sub-processor with reasonable notice (at least 14 days where practicable) by email or dashboard notification. You may object to a new sub-processor within 14 days of that notice by contacting support@studiophotuna.com; if we cannot resolve your objection, either party may terminate the affected part of the Service.
• (e) Assistance with data subject requests. We will provide reasonable assistance to help you respond to requests from your guests to exercise their data protection rights (such as access, correction, or erasure), within the timeframes required by applicable law, including tools in your dashboard to locate and delete session data where feasible.
• (f) Deletion on termination. When this Agreement ends, we will delete or return all guest personal data still on our systems within 30 days, unless we are required by law to retain it for longer (for example, financial transaction records under BIR regulations).
• (g) Audits and information. We will make available to you the information reasonably necessary to demonstrate our compliance with this Section, and will allow for and contribute to audits, including inspections, conducted by you or an auditor you appoint, on reasonable written notice and subject to reasonable confidentiality and scheduling conditions.

If there is any conflict between this Section and the rest of this Agreement regarding the processing of guest personal data, this Section 7 controls.

8 Limitation of Liability

To the maximum extent permitted by applicable law, Studio Photuna and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, or business opportunities, arising out of or related to your use of or inability to use our services. Our total aggregate liability for any claims arising under these Terms shall not exceed the total amount of fees paid by you to Studio Photuna during the twelve (12) months immediately preceding the event giving rise to the claim. Studio Photuna is not responsible for service disruptions, equipment malfunctions, printing failures, or connectivity issues caused by third-party hardware, software, or local venue network conditions that are beyond our reasonable control.

9 Indemnification

You agree to indemnify, defend, and hold harmless Studio Photuna, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees) arising out of or in connection with: your use or misuse of our services; your violation of these Terms or any applicable law or regulation; your infringement of any third-party intellectual property, privacy, or other rights; any content you submit, post, or transmit through our platform; or any negligent or wrongful act or omission by you or your authorized representatives during the operation of photobooth services at events.

10 Termination

Either party may terminate this agreement at any time. You may cancel your subscription by providing written notice through your account dashboard or by contacting our support team. Cancellation takes effect at the end of your current billing cycle, and no refunds will be issued for the remaining unused portion of a prepaid subscription period. Studio Photuna reserves the right to suspend or terminate your account immediately, without prior notice, if you breach any provision of these Terms, engage in fraudulent or illegal activity, attempt unauthorized access to our backend systems or databases, or fail to make timely payments. Upon termination, your license to use our software and services is immediately revoked, and you must cease all use of the platform and delete any locally stored copies of our proprietary software. Data retention following termination shall be governed by Section 7 of this Agreement, our Privacy Framework, and applicable provisions of the Data Privacy Act of 2012 (Republic Act No. 10173).

11 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to its conflict of law principles. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively before the competent courts located in Metro Manila, Philippines. By agreeing to these Terms, you consent to the personal jurisdiction of such courts and waive any objection to the venue or forum. All applicable Philippine laws, including but not limited to the Civil Code of the Philippines (Republic Act No. 386), the Electronic Commerce Act of 2000 (Republic Act No. 8792), and the Data Privacy Act of 2012 (Republic Act No. 10173), shall apply to the interpretation and enforcement of these Terms.

Notwithstanding the foregoing, where the operator is established in the European Union or United Kingdom, or where Studio Photuna processes personal data of individuals in those jurisdictions, the parties acknowledge their respective obligations under the GDPR and UK GDPR and agree that nothing in this Agreement limits those statutory obligations.

12 Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms, the parties shall first attempt to resolve the matter through good-faith negotiation within thirty (30) days of written notice of the dispute. If the dispute cannot be resolved through negotiation, either party may submit the matter to mediation administered by a mutually agreed-upon mediator in Metro Manila. If mediation fails to produce a resolution within sixty (60) days, either party may pursue binding arbitration or file a claim in the appropriate courts of Metro Manila, in accordance with the Alternative Dispute Resolution Act of 2004 (Republic Act No. 9285). Each party shall bear its own costs and expenses during the negotiation and mediation stages, unless otherwise agreed or ordered by the arbitrator or court.

13 Force Majeure

Studio Photuna shall not be held liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to: natural disasters (typhoons, earthquakes, floods), epidemics or pandemics, acts of war or terrorism, government actions or restrictions, power outages, internet or telecommunications failures, labor disputes, or any other event constituting force majeure under Philippine law. In the event of a force majeure occurrence, our obligations shall be suspended for the duration of the event, and we shall use reasonable efforts to resume performance as soon as practicable. If a force majeure event persists for more than ninety (90) consecutive days, either party may terminate these Terms upon written notice without further liability.

14 Severability

If any provision of these Terms is found by a competent court or tribunal to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, it shall be severed from these Terms. The invalidity or unenforceability of any individual provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect. The parties agree that any invalid provision shall be replaced by a valid provision that most closely reflects the original intent and economic effect of the invalid provision.

15 Contact Information

For any questions, concerns, or requests regarding these Terms of Service, you may reach our support and compliance team through the following channels:

• Email: support@studiophotuna.com
• Company: Studio Photuna
• Address: [INSERT REGISTERED BUSINESS ADDRESS]
• Jurisdiction: Metro Manila, Republic of the Philippines

We aim to respond to all inquiries within three (3) to five (5) business days. For urgent matters relating to account security or legal compliance, please indicate "URGENT" in your email subject line.