StudioNow - Terms of Service

Last Updated: March 30, 2026

1. Agreement to Terms

By downloading, installing, or using StudioNow (“the App”), you agree to these Terms of Service (“Terms”). If you do not agree, do not use the App. The App is developed and operated by Fog Hill LLC (“we,” “us,” “our”).

2. Description of Service

StudioNow is a mobile application that connects New York City artists with affordable studio and creative workspace opportunities. The App enables artists to create profiles, specify their studio needs, browse matched spaces, submit applications, and access mediation services for tenant-landlord matters.

3. Eligibility

You must be at least 18 years old to use the App. By using the App, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

4. User Accounts

Account Creation

To access certain features of the App, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

Account Security

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

Account Deletion

You may delete your account at any time through the App’s Settings. Upon deletion, your personal data will be removed in accordance with our Privacy Policy.

5. Subscriptions and Payments

Free Tier

The App offers free functionality including basic artist profile creation, limited studio matching, and access to public space listings.

Paid Subscriptions

• StudioNow Pro Monthly: Provides full access to all studio matches, unlimited applications, priority matching, advanced filters, and mediation services.
• StudioNow Pro Annual: Same features as Pro Monthly at a discounted annual rate.

Specific pricing is displayed within the App and may change from time to time.

Auto-Renewal

Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period. You can manage and cancel subscriptions through your Apple ID settings (Settings → [Your Name] → Subscriptions).

Refunds

Refund requests are handled by Apple. To request a refund, visit reportaproblem.apple.com.

6. Studio Listings and Matches

No Guarantee

StudioNow provides a matching platform to connect artists with studio spaces. We do not guarantee the availability, quality, safety, legality, or suitability of any studio space listed on the App. We are not a party to any lease, rental agreement, or transaction between artists and space providers.

Accuracy of Listings

While we make reasonable efforts to ensure listing information is accurate, we do not verify all details provided by space providers. You are responsible for independently verifying all information about a studio space before entering into any agreement.

Mediation Services

The App offers mediation services to help resolve disputes between artists and space providers. Mediation is offered as a good-faith service and does not constitute legal advice. We are not responsible for the outcome of any mediation or dispute.

7. User Conduct

You agree not to:

• Provide false or misleading information in your artist profile or applications
• Use the App for any unlawful purpose or in violation of any local, state, or federal law
• Harass, abuse, or harm other users, space providers, or Fog Hill LLC staff
• Attempt to reverse engineer, decompile, or modify the App
• Use the App to spam, solicit, or advertise without authorization
• Circumvent any access restrictions, security features, or rate limits
• Scrape, crawl, or use automated systems to extract data from the App
• Impersonate another person or entity
• Use the App in any manner that could damage, disable, or impair the service

8. Intellectual Property

The App, including its design, code, content, trademarks, and all related materials, is owned by Fog Hill LLC and protected by copyright and intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes in accordance with these Terms.

9. User-Generated Content

By creating content within the App (including artist profiles, portfolio descriptions, and application materials), you retain ownership of your content but grant Fog Hill LLC a non-exclusive, worldwide, royalty-free license to use, display, and distribute your content solely for the purpose of operating the App and providing its services.

You represent that you have the right to share any content you post and that your content does not infringe on any third party’s intellectual property or other rights.

10. Disclaimer of Warranties

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The App will be uninterrupted, error-free, or free of harmful components
• Any studio space listed will meet your requirements or expectations
• The results of any match or application will be satisfactory
• Defects in the App will be corrected

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOG HILL LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE APP, INCLUDING BUT NOT LIMITED TO:

• Loss of data, revenue, or profits
• Damages arising from any transaction between you and a space provider
• Damages arising from unauthorized access to your account
• Damages resulting from the conduct of any third party on the App

OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE 12 MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless Fog Hill LLC, its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or expenses arising from:

• Your use of the App
• Your violation of these Terms
• Your violation of any third party’s rights
• Any content you create or share through the App

13. Termination

We may suspend or terminate your access to the App at any time, with or without cause, with or without notice. Upon termination, your right to use the App ceases immediately. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and indemnification) will survive.

14. Dispute Resolution

Any dispute arising from these Terms or your use of the App shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in New York, New York. You agree to waive any right to a jury trial or to participate in a class action.

15. Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict of law principles.

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Fog Hill LLC regarding your use of the App.

18. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms within the App and updating the “Last Updated” date. Continued use of the App after changes constitutes acceptance of the updated Terms.

19. Contact Us

If you have questions about these Terms, please contact us:

Email: ben@thefoghill.com

These Terms of Service are effective as of March 30, 2026.