Terms of Service

1. Introduction and Acceptance

These Terms of Service (“Terms”) govern your access to and use of the Formè Studio platform, including our website at formestudio.io, mobile-optimised interfaces, APIs, and all related services (collectively, the “Platform”), provided by Friendswith Limited (NZBN: to be confirmed), trading as Formè Studio (“we”, “us”, “our”).

By creating an account or using the Platform in any way, you (“you”, “User”, “Client”) agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you are accepting these Terms on behalf of a business or other legal entity, you represent that you have authority to bind that entity.

If you do not agree to these Terms, do not use the Platform.

2. The Service

Formè Studio is a premium content studio platform for real estate professionals. The Platform allows Clients to:

• Schedule and publish content to Instagram Business and Creator accounts;
• Access and use professionally produced photo, video, and template content;
• Book content production packages and studios;
• Obtain and manage production quotes;
• Communicate with the Formè Studio team and manage project deliverables;
• Manage a content calendar and media library.

We reserve the right to modify, suspend, or discontinue any part of the Platform at any time with reasonable notice. We will not be liable to you for any such modification, suspension, or discontinuation.

3. Eligibility and Account Registration

To use the Platform you must:

• Be at least 18 years of age;
• Have the legal capacity to enter into binding contracts;
• Provide accurate, current, and complete registration information;
• Maintain the security of your account credentials.

You are responsible for all activity that occurs under your account. You must notify us immediately at studio@formestudio.io if you suspect any unauthorised use of your account.

We reserve the right to suspend or terminate accounts that violate these Terms, provide false information, or engage in fraudulent activity.

4. Instagram and Meta Platform Integration

4.1 Authorisation

By connecting your Instagram account, you authorise Formè Studio to access and use your Instagram data (as described in our Privacy Policy) solely to provide the scheduling and publishing features of the Platform. You must ensure that your Instagram account is a Business or Creator account and that you have the necessary rights to authorise this connection.

4.2 Compliance with Meta Policies

Your use of Instagram features through the Platform must comply with:

• Meta Terms of Service;
• Instagram Terms of Use;
• Meta Platform Policy; and
• Meta Community Standards.

You are solely responsible for ensuring your content and use of Instagram features complies with Meta’s policies. We may suspend your access to Instagram scheduling features if we reasonably believe your use violates Meta’s policies.

4.3 Instagram Publishing

When you schedule content through the Platform, you authorise us to publish that content to Instagram on your behalf at the scheduled time. You are solely responsible for the content you schedule, including any intellectual property rights in that content.

4.4 Platform Limitations

Instagram publishing is subject to Meta’s API availability, rate limits, and technical requirements. We do not guarantee uninterrupted publishing and are not responsible for failures caused by Meta API outages, changes to the API, or your Instagram account status.

5. Packages, Quotes, and Bookings

5.1 Service Packages

We offer various content production packages. Package details, inclusions, and pricing are as specified on the Platform or in your individual quote. All package descriptions are indicative, and we will use reasonable endeavours to deliver as described.

5.2 Quotes

Quotes provided through the Platform are valid for the period specified in the quote (or 14 days if no period is specified). Quotes may be subject to change if your requirements change or if we become aware of a material error.

5.3 Acceptance

A binding agreement for services is formed when you accept a quote or package through the Platform (or such other means as agreed) and we confirm acceptance. We reserve the right to decline any booking at our discretion.

5.4 Your Obligations

You agree to:

• Provide us with accurate property and creative brief information;
• Make the property accessible at the agreed time for shoots;
• Obtain all necessary consents for us to access and photograph/film the property;
• Pay for services in accordance with these Terms.

6. Payments and Billing

6.1 Payment Processing

Payments are processed by Stripe, Inc. By making a payment, you agree to Stripe’s Services Agreement. We do not store your payment card details.

6.2 Pricing and Taxes

Prices displayed on the Platform are in New Zealand Dollars (NZD) unless otherwise stated. Where applicable, Goods and Services Tax (GST) at the current rate:

• New Zealand: GST at 15% is included in or added to all prices charged to New Zealand customers;
• Australia: GST at 10% is included in or added to all prices charged to Australian customers where we are required to charge Australian GST.

Tax invoices will be provided for all transactions where required by law.

6.3 Payment Terms

Payments are due at the time of booking or as specified in your quote. Subscription fees (if applicable) are billed in advance on a recurring basis. We may suspend access to the Platform if payments are not received when due.

6.4 Subscription Auto-Renewal

If you subscribe to a recurring plan, your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You authorise us (via Stripe) to charge the applicable fee to your payment method on each renewal date.

6.5 Failed Payments

If a payment fails, we will notify you and may retry the charge. If payment is not received within 7 days, we may suspend your access to the Platform. You remain responsible for all outstanding amounts.

7. Refund and Cancellation Policy

7.1 Cancellation by You

You may cancel a booking or subscription as follows:

• Subscriptions: You may cancel your subscription at any time. Cancellation will take effect at the end of the current billing period. No partial-period refunds are provided unless required by applicable consumer law.
• Package bookings: Cancellations made more than 48 hours before the scheduled shoot date will receive a full refund. Cancellations within 48 hours of the scheduled shoot forfeit any deposit paid. Where a shoot has already been completed, no refund is available for the production component.

7.2 Cancellation by Us

If we cancel a booking due to circumstances within our control, we will provide a full refund of any amounts paid for that booking within 5 business days.

7.3 Consumer Law Rights

The following consumer law protections apply and cannot be excluded:

• New Zealand: Under the Consumer Guarantees Act 1993, services must be carried out with reasonable care and skill, be fit for purpose, and completed in a reasonable time. Where services fail to meet a consumer guarantee, you are entitled to remedies (including re-performance or refund) under that Act. Under the Fair Trading Act 1986, we must not engage in misleading or deceptive conduct.
• Australia: Under the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010), consumer guarantees apply to our services that cannot be excluded. If a service fails to meet a consumer guarantee, you are entitled to a remedy. Nothing in these Terms limits any right you have under Australian Consumer Law.

7.4 Refund Process

To request a refund, contact us at studio@formestudio.io. Approved refunds will be processed to your original payment method via Stripe within 5–10 business days.

8. Intellectual Property

8.1 Our Content

The Platform, including all software, design, text, graphics, and templates created by Formè Studio (“Formè Content”), is owned by Friendswith Limited and protected by New Zealand and international intellectual property laws. You are granted a limited, non-exclusive, non-transferable licence to use Formè Content solely for the purpose of using the Platform for your own real estate business.

8.2 Your Content

You retain ownership of all content you upload to the Platform (“Your Content”). By uploading Your Content, you grant us a non-exclusive, worldwide, royalty-free licence to use, store, display, and process Your Content solely as necessary to provide the Platform services. You represent and warrant that:

• You own or have the right to use Your Content;
• Your Content does not infringe any third-party intellectual property rights;
• Your Content does not violate any applicable law.

8.3 Produced Content

Content produced by Formè Studio photographers and videographers for your packages (“Produced Content”) — upon full payment, you receive a non-exclusive licence to use Produced Content for your real estate business and marketing purposes. We retain the underlying copyright and may use Produced Content for our portfolio and marketing (unless you notify us in writing that you object).

8.4 Templates

Caption and content templates accessed through the Platform are licenced for your personal business use only. You may not resell, distribute, or share templates with third parties.

9. Prohibited Conduct

You agree not to:

• Use the Platform for any unlawful purpose or in violation of any applicable law;
• Upload content that is defamatory, obscene, fraudulent, hateful, or violates any third-party rights;
• Attempt to gain unauthorised access to the Platform, other accounts, or our systems;
• Use automated tools to scrape, crawl, or extract data from the Platform;
• Resell, sublicense, or commercially exploit the Platform without our written consent;
• Upload malware, viruses, or other harmful code;
• Impersonate any person or entity;
• Use the Platform to send spam or unsolicited communications;
• Violate Meta’s Platform Policies or Instagram’s Community Guidelines through the Platform;
• Publish content on Instagram that violates the Australian Spam Act 2003 or New Zealand Unsolicited Electronic Messages Act 2007.

10. Limitation of Liability

To the maximum extent permitted by applicable law (including the Consumer Guarantees Act 1993, the Fair Trading Act 1986, and Australian Consumer Law):

• We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business, arising from your use of the Platform;
• Our total liability for any claim arising under these Terms will not exceed the greater of: (a) the amount you paid us in the 3 months preceding the claim; or (b) NZD $500;
• We are not liable for Platform downtime caused by third parties (including Meta API outages, Stripe service interruptions, or Firebase/Vercel infrastructure issues).

Where applicable law (including Australian Consumer Law or the Consumer Guarantees Act) implies guarantees that cannot be excluded, our liability for breach of those guarantees is limited, to the extent permitted by law, to re-supplying the services or paying the cost of re-supply.

Nothing in these Terms excludes liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

11. Indemnification

You agree to indemnify, defend, and hold harmless Friendswith Limited, its directors, employees, and agents from and against any claims, liabilities, damages, costs, and expenses (including reasonable legal fees) arising from:

• Your use of the Platform in violation of these Terms;
• Your Content;
• Your violation of any applicable law or third-party rights;
• Your misuse of the Instagram publishing features.

12. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with these Terms and to use it only for the purpose of performing obligations under these Terms. This obligation does not apply to information that is publicly available, already known to the recipient, or required to be disclosed by law.

13. Privacy

Our collection and use of personal information is governed by our Privacy Policy, which forms part of these Terms.

14. Termination

Either party may terminate these Terms by closing the account (you) or by providing 14 days’ notice (us), except that we may terminate immediately if:

• You materially breach these Terms and fail to remedy within 7 days of notice;
• You become insolvent or bankrupt;
• We are required to by law or by Meta or Stripe’s platform requirements.

Upon termination, your access to the Platform will cease. Sections 8, 10, 11, 12, and 16 survive termination.

15. Dispute Resolution

15.1 Good Faith Negotiation

If a dispute arises, the parties must first attempt to resolve it in good faith by written notice, allowing 20 business days for resolution before escalating.

15.2 Mediation

If the dispute is not resolved through negotiation, either party may refer the dispute to mediation through a mutually agreed mediator. The cost of mediation will be shared equally unless otherwise agreed.

15.3 Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of New Zealand. Both parties submit to the non-exclusive jurisdiction of the New Zealand courts. Nothing in this clause affects the rights of Australian consumers under Australian Consumer Law.

15.4 Consumer Disputes

New Zealand consumers may also refer unresolved disputes to the Disputes Tribunal (for claims up to NZD $30,000) or the appropriate court. Australian consumers may contact the ACCC or relevant state consumer protection authority.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy and any accepted quote or service agreement, constitute the entire agreement between you and Friendswith Limited regarding the Platform.

16.2 Amendments

We may amend these Terms at any time by posting the revised Terms on the Platform. Material changes will be notified to you at least 14 days before taking effect. Your continued use of the Platform after the effective date constitutes acceptance of the revised Terms.

16.3 Severability

If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.

16.4 Waiver

Our failure to enforce any right under these Terms does not constitute a waiver of that right.

16.5 Assignment

You may not assign your rights under these Terms without our prior written consent. We may assign our rights to any successor entity or acquirer.

16.6 Force Majeure

We are not liable for any failure to perform our obligations caused by events outside our reasonable control, including natural disasters, pandemic, government action, internet outages, or third-party service failures.

16.7 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.

17. Contact