Terms of Service

1. Acceptance of Terms

Welcome to BASTUDIO ("the App," "Service," "we," "us," or "our"), operated by TouchApp Inc., a Delaware corporation (EIN: 32-0615643, Delaware File No.: 7721589), with its registered address at 16192 Coastal Highway, Lewes, DE 19958, United States (Sussex County).

By accessing or using the BASTUDIO application on iOS (Apple App Store), Android (Google Play Store), or our web application at bastud.io or bastud.io (collectively, the "Platforms"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use the Service.

These Terms constitute a legally binding agreement between you and TouchApp Inc. You represent that you are at least 18 years of age and have the legal capacity to enter into this agreement. If you are using the Service on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.

2. Description of Service

BASTUDIO is a freemium mobile and web application designed for aesthetic surgeons and medical professionals. The Service provides the following features:

• Case Management: Create and organize patient cases by procedure type, with notes and metadata.
• Image Capture & Documentation: Capture and upload multi-angle before-and-after patient photographs (front, 45-degree, and profile views).
• Video Generation: Automatically generate social media-ready before-and-after videos optimized for Instagram Reels and TikTok (9:16 format) with professional transitions, labels, and branding overlays.
• Cloud Storage: Securely store patient images and generated videos in cloud storage (Cloudflare R2), isolated per user account.
• Multi-Platform Access: Access your cases and media across iOS, Android, and Web platforms.

The Service is available on iOS via the Apple App Store, Android via Google Play Store, and on the web at bastud.io. Features and availability may vary by platform.

3. User Accounts & Registration

To use the Service, you must create an account by providing the following information:

• A valid email address
• A password (stored in hashed form)
• A display name
• A practice name (optional)

You must verify your email address before gaining full access to the Service. Authentication is handled via JSON Web Tokens (JWT). You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account
• Ensuring that your account information is accurate and up-to-date

We reserve the right to suspend or terminate accounts that violate these Terms, contain false information, or remain inactive for an extended period.

4. Subscription & Payment Terms

BASTUDIO operates on a freemium subscription model. While basic access may be available at no cost, premium features require an active paid subscription.

Payment Methods by Platform:

• iOS (App Store): Subscriptions are processed as in-app purchases through Apple's App Store. Billing, renewals, and cancellations are managed by Apple and subject to Apple's terms and policies.
• Android (Google Play): Subscriptions are processed as in-app purchases through Google Play. Billing, renewals, and cancellations are managed by Google and subject to Google Play's terms and policies.
• Web Application: Subscriptions are processed through Stripe, our third-party payment processor. By subscribing via the web, you agree to Stripe's terms of service and privacy policy.

Subscription Plans: We offer monthly and annual subscription plans. Pricing is displayed in the App or on our website at the time of purchase and may vary by region and platform.

Auto-Renewal: Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. For mobile subscriptions, cancellation must be done through your App Store or Google Play account settings. For web subscriptions, cancellation can be done through your account settings.

Refunds: Refund policies are governed by the respective platform (Apple, Google, or Stripe). We do not directly process refunds for in-app purchases made through the App Store or Google Play. For web subscriptions processed through Stripe, please contact us to discuss refund eligibility.

5. Free Trial

We offer a 7-day free trial for new subscribers. During the trial period, you will have access to premium features at no charge.

• The free trial is available once per user account and is non-transferable.
• At the end of the 7-day trial period, your subscription will automatically convert to a paid subscription at the applicable rate unless you cancel before the trial expires.
• For mobile users, cancellation of the trial must be done through your App Store or Google Play account settings at least 24 hours before the trial ends.
• For web users, cancellation can be performed through your account settings on our website.
• We reserve the right to modify, suspend, or discontinue the free trial offer at any time without prior notice.

6. User Content & Patient Data

You retain ownership of all content you upload to the Service, including patient photographs, case notes, and any other materials ("User Content"). By uploading User Content, you grant TouchApp Inc. a limited, non-exclusive license to store, process, and display your content solely for the purpose of providing the Service to you.

Patient Images & Data: The Service allows you to upload and store patient before-and-after photographs and generate videos from those images. All patient images and generated videos are stored in cloud storage (Cloudflare R2) and are isolated to your user account.

Your Responsibilities Regarding Patient Data:

• You are solely responsible for obtaining proper informed consent from each patient before photographing, uploading, or sharing their images through the Service.
• You must comply with all applicable laws, regulations, and professional ethical standards governing patient privacy and medical records in your jurisdiction.
• You must not upload any patient data that includes Protected Health Information (PHI) as defined by HIPAA without first obtaining appropriate patient authorization.
• You are responsible for ensuring that any videos generated and shared on social media platforms comply with patient consent agreements and applicable regulations.
• You acknowledge that the Service is intended for creating marketing and portfolio content and is not a substitute for a compliant electronic health records (EHR) system.

TouchApp Inc. disclaims all liability for any unauthorized disclosure of patient information resulting from your use of the Service. You agree to indemnify and hold harmless TouchApp Inc. from any claims arising from your failure to obtain proper patient consent or comply with applicable healthcare regulations.

7. Intellectual Property

The Service, including its design, code, graphics, user interface, logos, trademarks, and all other elements (excluding User Content), is the exclusive property of TouchApp Inc. and is protected by United States and international copyright, trademark, and intellectual property laws.

• The BASTUDIO name, logo, and all related marks are trademarks of TouchApp Inc.
• You may not copy, modify, distribute, sell, or lease any part of the Service or its underlying technology without our prior written consent.
• You may not reverse-engineer, decompile, or disassemble any aspect of the Service.
• Any feedback, suggestions, or ideas you provide regarding the Service may be used by us without any obligation to compensate you.

8. Acceptable Use Policy

You agree to use the Service only for its intended purpose and in compliance with all applicable laws. You shall not:

• Use the Service for any unlawful, fraudulent, or harmful purpose
• Upload content that is obscene, offensive, defamatory, or that violates the rights of any third party
• Upload images of minors without proper parental or guardian consent
• Attempt to gain unauthorized access to the Service, other user accounts, or our systems and infrastructure
• Interfere with or disrupt the integrity or performance of the Service
• Use automated means (bots, scrapers, crawlers) to access or collect data from the Service
• Resell, sublicense, or commercially exploit the Service without our written permission
• Use the Service to distribute spam, malware, or other harmful content
• Misrepresent your identity, credentials, or professional qualifications
• Violate any applicable medical, healthcare, or privacy regulations through your use of the Service

We reserve the right to investigate and take appropriate action against any violations of this policy, including suspending or terminating your account and reporting illegal activity to law enforcement authorities.

9. Privacy

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the Service, you acknowledge that you have read, understood, and agree to our Privacy Policy. Key data we collect includes:

• Account information (email address, hashed password, display name, practice name)
• User-uploaded content (patient images, case data)
• Generated content (before-and-after videos)
• Usage data and analytics
• Payment information (processed by third-party providers; we do not store full payment details)

10. Disclaimers & Limitation of Liability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

TouchApp Inc. does not warrant that:

• The Service will be uninterrupted, secure, or error-free
• The results obtained from the Service will be accurate or reliable
• Any defects in the Service will be corrected
• The Service will meet your specific requirements or expectations
• The generated videos will be suitable for any particular use case or comply with any specific platform's content guidelines

LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOUCHAPP INC., ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to, use of, or inability to use the Service
• Any conduct or content of any third party on the Service
• Any unauthorized access to or alteration of your data or content
• Any patient claims, lawsuits, or regulatory actions arising from your use of the Service
• Loss or corruption of uploaded images, videos, or other user content

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

11. Indemnification

You agree to defend, indemnify, and hold harmless TouchApp Inc. and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Service, including any content you upload or share
• Your failure to obtain proper patient consent or comply with applicable healthcare regulations
• Any claim by a patient or third party related to images, videos, or other content you uploaded, generated, or shared through the Service
• Your violation of any applicable law, regulation, or third-party rights
• Any misrepresentation made by you regarding your professional credentials or qualifications

12. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Violation of the Acceptable Use Policy
• Fraudulent, abusive, or illegal activity
• Extended periods of account inactivity
• At our sole discretion for any other reason

You may terminate your account at any time by contacting us at support@bastud.io. Upon termination:

• Your right to access and use the Service will cease immediately
• We may delete your User Content, including patient images and generated videos, within a reasonable timeframe following termination
• Active subscriptions will not be refunded for the remaining billing period unless required by applicable law or platform policies
• Provisions of these Terms that by their nature should survive termination will remain in effect, including ownership, warranty disclaimers, indemnification, and limitation of liability

We recommend that you export or download any User Content you wish to retain before terminating your account.

13. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Sussex County, Delaware. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute informally by contacting us at support@bastud.io. We will attempt to resolve the dispute informally within thirty (30) days. If the dispute is not resolved within that period, either party may proceed with formal legal action.

14. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. When we make material changes, we will:

• Update the "Last updated" date at the top of these Terms
• Provide notice through the App, by email, or by posting a prominent notice on our website
• For material changes, provide at least thirty (30) days' notice before the new terms take effect

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service and terminate your account.

We encourage you to review these Terms periodically to stay informed of any updates.

15. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us:

• Company: TouchApp Inc.
• Address: 16192 Coastal Highway, Lewes, DE 19958, United States
• Email: support@bastud.io
• Website: bastud.io / bastud.io