Terms and Conditions

Last Updated: May 1, 2024

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the website cloudbenchstudio.com (the "Website") operated by Cloud Bench Studio ("us", "we", or "our").

Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Website and our services.

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Website or use our services.

1. Use of the Website

1.1. Eligibility

By using our Website, you represent and warrant that you are at least 16 years of age and are legally capable of entering into binding contracts. If you are under 16 years old, you may only use the Website with the involvement and consent of a parent or guardian.

1.2. Account Registration

Some features of our Website may require you to register for an account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy. You are responsible for maintaining the confidentiality of 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.

1.3. Prohibited Conduct

When using our Website, you agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Website for any illegal or unauthorized purpose
• Interfere with or disrupt the Website or servers or networks connected to the Website
• Attempt to gain unauthorized access to any portion of the Website or any other systems or networks
• Collect or harvest any personally identifiable information from the Website
• Upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
• Engage in any activity that could disable, overburden, damage, or impair the Website
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose

2. Intellectual Property

2.1. Website Content

The Website and its original content, features, functionality, and design elements are and will remain the exclusive property of Cloud Bench Studio and its licensors. The Website is protected by copyright, trademark, and other intellectual property laws. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Cloud Bench Studio.

2.2. User Content

By posting, uploading, or submitting any content to the Website ("User Content"), you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media. You represent and warrant that:

• You own or have the right to use and authorize us to use your User Content
• The posting of your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity

2.3. Copyright Infringement

If you believe that any content on the Website infringes upon your copyright, please contact us with the following information:

• An identification of the copyrighted work you claim has been infringed
• A description of where the allegedly infringing material is located on the Website
• Your contact information
• A statement by you that you have a good faith belief that the disputed use is not authorized
• A statement by you, made under penalty of perjury, that the information in your notice is accurate

3. Products and Services

3.1. Service Descriptions

We strive to provide accurate descriptions of our services and products. However, we do not warrant that service descriptions or other content on the Website are accurate, complete, reliable, current, or error-free. If a service offered by us is not as described, your sole remedy is to not proceed with the appointment or use of the service.

3.2. Pricing and Availability

All prices displayed on the Website are subject to change without notice. We reserve the right to modify or discontinue any service without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the service.

3.3. Bookings and Appointments

When booking an appointment through our Website, you agree to provide accurate and complete information. We reserve the right to refuse service, terminate accounts, or cancel appointments at our sole discretion.

4. Payments and Billing

4.1. Payment Methods

We accept various payment methods as indicated on our Website. By providing your payment information, you represent and warrant that you are authorized to use the designated payment method.

4.2. Billing

If you provide credit card or other payment information, you authorize us to charge the designated payment method for the full amount of your purchase, including any applicable taxes and fees.

4.3. Refunds

Our refund policy is outlined in a separate document titled "Refund Policy," which is incorporated by reference into these Terms. Please review the Refund Policy before making a purchase.

5. Third-Party Links

Our Website may contain links to third-party websites or services that are not owned or controlled by Cloud Bench Studio. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Cloud Bench Studio shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

6. Disclaimer of Warranties

THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Cloud Bench Studio AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER Cloud Bench Studio NOR ITS SUPPLIERS AND LICENSORS MAKE ANY WARRANTY THAT THE WEBSITE WILL BE ERROR-FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED.

7. Limitation of Liability

IN NO EVENT WILL Cloud Bench Studio, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE;
• ANY CONTENT OBTAINED FROM THE WEBSITE; AND
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT,

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

8. Indemnification

You agree to defend, indemnify, and hold harmless Cloud Bench Studio, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns 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 or your use of the Website, including, but not limited to, your User Content, any use of the Website's content, services, and products other than as expressly authorized in these Terms.

9. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Singapore, without regard to its conflict of law principles. You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Website shall be brought exclusively in the courts located in Singapore, and you consent to the personal jurisdiction and venue of such courts.

10. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Website.

11. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

12. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by an authorized representative of Cloud Bench Studio. No waiver of any provision set forth in these Terms shall be construed as a further or continuing waiver of such provision or any other provision.

13. Entire Agreement

These Terms, together with the Privacy Policy and Refund Policy, constitute the entire agreement between you and Cloud Bench Studio regarding your use of the Website and supersede all prior and contemporaneous written or oral agreements, understandings, or representations between you and Cloud Bench Studio.