This agreement governs your studio's use of StudioIQ. It has three parts: the Customer Agreement (the service terms), the Data Processing Addendum (how we handle your members' personal information), and the Subprocessor List. By activating StudioIQ for a business you own or are authorized to represent, you agree to all three.
This is an agreement between StudioIQ AI LLC ("StudioIQ," "we," "us"), a New Jersey limited liability company operating the StudioIQ platform, and the business identified during onboarding ("Customer," "you"). "Service" means the StudioIQ software and features. "Member Data" means personal information about your members, prospects, and guests that StudioIQ processes on your behalf. "Booking System" means the third-party studio-management system you connect (e.g., Mindbody).
StudioIQ provides software that connects to your Booking System to deliver features you enable, which may include digital membership-agreement and liability-waiver signing, automated reminders, member communications, document write-back to your Booking System, and operational reporting. Available features and their scope may change over time. StudioIQ is a software tool; it is not a party to any agreement between you and your members.
You represent that you own, or are authorized by the owner to act for, each studio you connect, and that you have the authority to grant StudioIQ access to that studio's Booking System. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You must provide accurate information and keep it current.
Fees, billing frequency, and any usage limits are as quoted to you or presented at sign-up. Unless stated otherwise, subscription fees are billed monthly in advance per studio and are non-refundable except where required by law. We may change fees on prospective notice. Failure to pay may result in suspension of the Service after reasonable notice.
StudioIQ and all software, designs, and materials that make up the Service are owned by StudioIQ AI LLC and its licensors. We grant you a limited, non-exclusive, non-transferable right to use the Service during the term. You retain all rights in your Member Data and your templates. You grant us the limited right to process them solely to provide the Service (see Part B).
Each party will protect the other's non-public information disclosed in connection with the Service and use it only to perform under this agreement. This does not apply to information that is public, independently developed, or lawfully obtained from a third party.
We will provide the Service with reasonable care and skill. Except as expressly stated, the Service is provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, or that electronic signatures collected through it will be enforceable in every jurisdiction or circumstance — enforceability depends on your templates, your process, and applicable law.
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenues. Our total aggregate liability arising out of or relating to this agreement will not exceed the fees you paid to StudioIQ in the twelve (12) months before the event giving rise to the claim. These limits do not apply to your payment obligations or to either party's liability for its own gross negligence, willful misconduct, or breach of confidentiality obligations.
This agreement starts when you accept it and continues until terminated. Either party may terminate for convenience on 30 days' written notice, or immediately for the other party's material breach that is not cured within 15 days of notice. On termination, your right to use the Service ends and we will handle your data as described in Part B, Section 8.
You will defend and indemnify StudioIQ against third-party claims arising from your Member Data, your templates, your use of the Service in violation of this agreement or law, or your failure to obtain required consents. We will defend and indemnify you against third-party claims that the Service itself infringes that third party's intellectual property rights.
This agreement is governed by the laws of the State of New Jersey, without regard to conflict-of-laws rules. The state and federal courts located in New Jersey have exclusive jurisdiction, and both parties consent to venue there.
We may update this agreement. If we make a material change, we will provide reasonable notice (e.g., by email or in the dashboard). Your continued use after the change takes effect constitutes acceptance. The current version and its effective date always appear at the top of this page.
This agreement is the entire agreement on its subject matter and supersedes prior discussions. If any provision is unenforceable, the rest remains in effect. Neither party may assign it without the other's consent, except in connection with a merger or sale of substantially all assets. Failure to enforce a provision is not a waiver.
This DPA forms part of the Customer Agreement and applies to StudioIQ's processing of Member Data on your behalf. It is designed to satisfy the obligations that apply to a service provider / processor under U.S. state privacy laws, including the California Consumer Privacy Act as amended by the CPRA, and comparable laws in other states.
For the Member Data processed through the Service, you are the "business" / controller and StudioIQ is the "service provider" / processor. StudioIQ processes Member Data only on your documented instructions — which include this agreement, your feature settings, and your use of the dashboard.
| Subject matter | Providing the StudioIQ features you enable |
|---|---|
| Duration | The term of the Customer Agreement, plus the deletion window in Section 8 |
| Nature & purpose | Collecting, storing, transmitting, and writing back records to deliver signing, waivers, reminders, member communications, and reporting |
| Categories of data subjects | Your members, prospects, guests, and their guardians (for minors) |
| Categories of personal data | Name, contact details (email, phone, address), date of birth, membership/contract details, signature images, signing metadata (IP, device, timestamp), and health-screening responses where you enable waivers that collect them |
| Sensitive data | Where you enable health-screening, limited health information. StudioIQ does not use it for any purpose other than delivering the feature and alerting your staff. |
StudioIQ maintains technical and organizational measures appropriate to the risk, including:
You authorize StudioIQ to engage the subprocessors listed in Part C to process Member Data. We impose data-protection obligations on each subprocessor that are no less protective than those in this DPA, and we remain responsible for their performance. We will give you notice of a new subprocessor (by updating Part C and, on request, by email); if you reasonably object on data-protection grounds, we will work with you in good faith, and if we cannot resolve it you may terminate the affected Service.
Taking into account the nature of the processing, StudioIQ will provide reasonable assistance to help you respond to verified requests from your members to access, correct, delete, or restrict their personal information, and will not respond to such requests directly except to direct the member back to you.
StudioIQ will notify you without undue delay, and in any event within seventy-two (72) hours, after becoming aware of a personal data breach affecting your Member Data, and will provide the information you reasonably need to meet your own notification obligations.
On termination, and on your written request, StudioIQ will delete or return your Member Data within thirty (30) days, except for copies retained in routine backups (which are deleted on their normal rotation) or as required by law. Signed documents already written back to your Booking System remain in your Booking System under your control.
On reasonable request and no more than once per year (unless required by a regulator or following a breach), StudioIQ will make available information reasonably necessary to demonstrate compliance with this DPA. If a change in law materially affects StudioIQ's ability to process Member Data lawfully, the parties will negotiate an appropriate amendment in good faith.
StudioIQ uses the following subprocessors to provide the Service. Each processes Member Data only as needed for its function.
| Subprocessor | Function | Data processed |
|---|---|---|
| Cloudflare, Inc. | Hosting, compute, database, and file storage | All Member Data (at rest and in transit) |
| Twilio, Inc. | SMS delivery | Phone number, message content |
| Resend (Plus Five Five, Inc.) | Email delivery | Email address, message content |
| Stripe, Inc. | Payment processing (where enabled) | Billing contact and payment details (card data handled by Stripe, not stored by StudioIQ) |
| Google LLC | Email delivery and address lookup (where enabled) | Email address, message content, address text |
| Mindbody, Inc. (or your Booking System) | Your studio-management system — the source and destination of records | The Member Data in your own account |