Effective date: August 8, 2026
These Terms of Service ("Terms") constitute a legally binding agreement between you and PunchIn ("PunchIn," "we," "our," or "us") governing your access to and use of the PunchIn platform, including our website at punchin.studio, studio dashboard, public booking pages, and all related services (collectively, the "Service").
By creating an account, accessing, or using the Service in any capacity, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.
We reserve the right to modify these Terms. If a revision is material, we will post the updated Terms on this page, update the effective date, and give at least thirty (30) days' notice. Studio Owners are asked to accept the revised Terms in the dashboard before continuing to use the Service — we record which version of these Terms each Studio accepted, so a change does not take effect for a Studio silently. For Booking Clients and other users, the Terms in force are those posted at the time you use the Service, and each booking records the version accepted at that moment. Continued use of the Service after a revision takes effect constitutes acceptance of it.
The following definitions apply throughout these Terms:
Studio Owners and Team Members are collectively referred to as "Account Holders." All users of the Service, regardless of type, are referred to as "you" or "users" where the context applies generally.
You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, to use the Service. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into a binding agreement.
If you are using the Service on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" shall refer to both you individually and the entity you represent.
PunchIn is a software-as-a-service (SaaS) platform that provides recording studios with tools to manage bookings, schedules, payments, and calendar synchronization. The Service includes:
Platform Role: PunchIn acts as a technology platform that facilitates connections between Studios and Booking Clients. We do not operate any recording studio, provide any recording services, or employ any engineers listed on the platform. The contractual relationship for any recording session is solely between the Studio and the Booking Client. PunchIn is not a party to that transaction except as a payment facilitator.
No Guarantee of Availability: We do not guarantee the availability of specific rooms, engineers, time slots, or personnel. Studio Owners retain sole discretion over their scheduling, staffing, and pricing decisions.
Beta and Preview Features: We may make features available that are labelled beta, preview, or early access. These are provided as is, may be incomplete or unstable, may produce incorrect results, and may be changed or withdrawn at any time without notice. Do not rely on a beta feature for anything you cannot afford to have go wrong, and keep your own records of any booking or financial data it touches. Beta features are excluded from any service commitment we otherwise make.
To access certain features of the Service, you must create an account using a valid email address and password, or through Google OAuth authentication. You agree to:
We reserve the right to suspend or terminate any account that we reasonably believe has been compromised, is being used in violation of these Terms, or is associated with fraudulent activity.
Each Studio publishes a contact email address. That address is set from Settings in your dashboard, and until you change it, it defaults to the email address you use to sign in. This address is disclosed to Booking Clients and engineers. It is shown on the Manage Booking page, and it is set as the reply address on the booking confirmations, session reminders, cancellation notices and shift notifications we send on your behalf — so when a Booking Client replies to one of those emails, their reply goes directly to you and not to PunchIn.
You are responsible for keeping that address accurate and monitored, and for choosing an address you are willing to publish. If you would rather your personal sign-in address not be visible to clients, set a different contact address before taking bookings. PunchIn is not a party to correspondence between a Studio and its Booking Clients, does not receive, store or monitor those replies, and is not responsible for a Studio's failure to answer them.
We send three kinds of email. Essential messages — booking confirmations, sign-in codes, password resets, security alerts, and billing, refund and dispute notices — are sent because you or your Studio took an action that requires them; they are part of the Service and nobody can switch them off while the relevant account or booking is active. A Booking Client who has paid a deposit always receives a confirmation. Studio-configurable client messages — cancellation notices and session reminders sent to a Studio's own Booking Clients — are on by default, and each Studio may turn them off for its own clients from its dashboard; if a Studio does, its clients will not receive that type of message from us. Optional notifications, which go to Studio Owners, Team Members and engineers, carry an unsubscribe link and a one-click unsubscribe control, and you may opt out of them at any time without affecting your account.
We record what happens to the mail we send you — whether it was delivered, delayed, rejected by your mail server, or reported as spam — so that we can detect messages we are failing to deliver. Reporting one of our messages as spam is treated as a request to stop sending you optional notifications, and is honoured as such. We do not track whether you open our messages or click links in them. See our Privacy Policy for detail.
Studio Owners must subscribe to a paid plan to access the Service beyond the initial trial period. PunchIn currently offers the following monthly subscription tiers:
All plans include a fourteen (14) day free trial period. No charges are incurred during the trial. At the end of the trial period, your selected plan will automatically convert to a paid monthly subscription unless you cancel before the trial ends.
Changing plans. You can move to a different plan at any time from your dashboard. Room limits are enforced when you add a room, so a plan change never interrupts a session that is already booked.
If you move to a plan that covers fewer rooms than you have. We will not silently take rooms away from you. Instead we email you and give you seven (7) days to choose which rooms to keep — you can deactivate the ones you no longer need, or return to a higher plan. If you have not acted by the end of that period, we deactivate the most recently created rooms until you are within your plan's limit, and email you to say exactly which ones. Nothing is deleted and no confirmed booking is cancelled: a deactivated room is hidden from your booking page and stops taking new bookings, sessions already scheduled in it go ahead as normal, and upgrading lets you switch it back on.
All payment processing is handled by Stripe, Inc. and its affiliates. By using the Service to accept payments, Studio Owners agree to be bound by the Stripe Connected Account Agreement and the Stripe Privacy Policy. PunchIn does not receive, process, or store credit card numbers or other raw payment credentials. All financial data is transmitted directly between the user and Stripe.
Subscriptions renew automatically on a monthly basis. We will attempt to charge your payment method on file at the beginning of each billing cycle. If a payment fails, your subscription is marked past due and Stripe automatically retries the charge over a period of several weeks, emailing you at each failed attempt.
Your studio's public booking pages stay online for three (3) days after the first failed payment. We do this because a declined card is usually an expired or reissued card rather than a decision to stop paying, and taking your booking page down on the first decline would cost you the bookings that pay for the subscription. If the payment is still unresolved after those three days, your booking pages stop accepting new bookings until it is. They come back as soon as a retry succeeds. Bookings already confirmed are never cancelled by a payment failure, and your dashboard stays available throughout so you can update your card. If every automatic retry is exhausted without a successful payment, your subscription is cancelled. The exact retry schedule is set by our payment processor and may change; you can always see your current status and update your card in the billing portal linked from your dashboard.
You may cancel your subscription at any time through the Stripe customer portal accessible from your dashboard. Cancellation takes effect at the end of your current billing period. No prorated refunds are issued for partial months on monthly subscriptions.
If a Studio Owner files a payment dispute (chargeback) against a subscription charge, the subscription will be immediately cancelled and the studio will be deactivated pending resolution. Filing a chargeback against a valid subscription charge is a violation of these Terms.
Booking Clients reserve recording sessions through a studio's public booking page by selecting a room, time slot, and (optionally) an engineer or Service, then submitting payment for the required deposit. Upon successful payment confirmation, the booking is marked as confirmed and calendar events are created on the studio's connected calendars.
A booking constitutes a direct agreement between the Booking Client and the Studio. PunchIn facilitates the transaction but is not a party to the service agreement between the Booking Client and the Studio.
Pricing. The price quoted to a Booking Client, and the amount ultimately charged, is the Studio's configured hourly rate for the selected room, adjusted for the applicable rate on that day of the week, and increased or reduced by any modifier attached to a selected Service or engineer. Where a Studio permits a Booking Client to bring their own engineer, the room's discounted bring-your-own-engineer rate applies to the entire session in place of the standard rate, rather than as an additional adjustment. Longer sessions may qualify for a bulk-duration discount configured by the Studio. Each of these components is displayed to the Booking Client before payment is submitted, and the amount charged upon booking confirmation reflects the same calculation shown at quote time.
Each Studio configures its own booking policies, including deposit percentage, cancellation window, minimum booking duration, and rescheduling availability. These policies are displayed to Booking Clients on the studio's public booking page. Booking Clients are responsible for reviewing the applicable policies before completing a booking. PunchIn does not set, override, or enforce any particular studio policy — this is solely at the Studio Owner's discretion.
Cancellation terms are determined by each Studio's configured cancellation policy.
When a booking is cancelled by the Studio, PunchIn will process a refund to the Booking Client through Stripe if the Studio initiates the refund. Studio-initiated refunds are issued for the full deposit; PunchIn does not support partial deposit refunds.
A Booking Client may cancel their own booking only within the Studio's configured cancellation window; once that window has closed, self-service cancellation is refused and the Booking Client must contact the Studio directly. Where a Booking Client cancels within the window, the outcome depends on a setting the Studio controls: the Studio may elect to have the full deposit refunded automatically at the time of cancellation, or to be notified to issue the refund manually, in which case the deposit is not returned until the Studio acts. PunchIn does not retain any portion of a deposit in either case.
Automatic refunds. In the rare event that a deposit payment is confirmed but the reserved time slot is no longer available — for example, the slot was confirmed for another Booking Client first, or the temporary reservation hold expired before payment completed — PunchIn automatically cancels the booking and issues a full refund of the deposit through Stripe, and notifies the Booking Client by email. No session is charged for that could not be reserved.
Studios are bound by their own published policies. The deposit percentage, cancellation window, and refund handling that a Studio configures are displayed to Booking Clients before payment and form part of the agreement between that Studio and its Booking Client. A Studio Owner agrees to honor the policies in effect at the time a booking was made, including issuing any refund those policies require. Changing a policy does not alter the terms of a booking already taken under the previous policy.
Studios bear the economic cost of their refunds. Deposits are collected for studio services and belong to the Studio, not to PunchIn. Where a refund is owed — under the Studio's own policy, by the Studio's own decision, because a session was not or cannot be delivered, or because a payment dispute is lost — the amount refunded is recovered from the Studio. PunchIn retains no part of a booking deposit at any time and takes no commission on bookings.
The Studio is the merchant of record. Booking deposits are charged directly on the Studio's own connected payment-processor account. The Studio — not PunchIn — is the merchant for that transaction: the Studio's name appears on the Booking Client's card statement, the deposit is held in the Studio's account from the moment it is paid, the Studio bears the payment-processing fees, and any refund is paid out of the Studio's own balance. PunchIn does not hold, route, or take a share of booking deposits at any point.
One exception, stated plainly. Where a Studio's connected account carries a negative balance — typically after a lost dispute — our payment processor may hold or reserve the equivalent amount against PunchIn's own platform balance until that balance is recovered from the Studio. PunchIn therefore bears the amount temporarily, as a matter of how the payment processor settles accounts. This does not transfer the liability: the amount remains a debt owed by the Studio Owner under this Section, and it does not make PunchIn the merchant of record for any transaction.
Chargebacks and disputes. Because the Studio is the merchant of record, a payment dispute raised by a Booking Client is charged against the Studio's connected account, together with any dispute fee, and it is the Studio's responsibility to respond to it with evidence. Where a Studio's connected account balance is insufficient to settle a refund, dispute, or fee, that account carries a negative balance. By connecting a payout account, the Studio authorizes PunchIn and its payment processor to recover that balance, including by offsetting it against subsequent booking proceeds and by debiting the bank account the Studio has linked for payouts. A Studio Owner agrees to maintain a linked payout account capable of settling such amounts.
If a refund does not reach you. A refund owed under a Studio's published policy is that Studio's obligation to its Booking Client. PunchIn monitors refunds that are owed and not issued, reminds the Studio, and escalates unresolved cases for review, which may include suspending a Studio's ability to take new bookings. Because deposits are held by the Studio rather than by PunchIn, PunchIn cannot issue a refund out of its own funds on a Studio's behalf. A Booking Client who believes a refund has not reached them should contact the Studio first and then support@punchin.studio; a Booking Client also retains the right to dispute the charge with their card issuer, and such a dispute is resolved against the Studio.
Where a Studio does not refund as required. If a Studio fails to issue a refund required by its own published policy, or fails to respond to a refund request within a reasonable period, PunchIn may issue that refund from the Studio's connected account on the Studio's behalf. PunchIn may also suspend payouts, suspend the Studio's booking pages, or suspend or terminate the account of a Studio that repeatedly fails to honor its policies, that carries an unrecovered negative balance, or whose conduct exposes Booking Clients to payment disputes. These remedies are in addition to, not in place of, any other right available to PunchIn under these Terms.
Amounts owed. Any amount PunchIn is required to pay on a Studio's behalf — including refunds, lost payment disputes, dispute fees, and unrecovered negative balances — is a debt owed by the Studio Owner to PunchIn and is payable on demand. PunchIn may offset such amounts against any funds otherwise payable to the Studio.
When a Booking Client files a payment dispute (chargeback) against a booking deposit, PunchIn automatically takes the following actions to protect the Studio:
Payment disputes are resolved by Stripe and the relevant card network, typically within sixty (60) to ninety (90) days. If the dispute is resolved in the Studio's favor (won), the disputed funds are returned, the booking is restored to confirmed status, and the banned client record is moved to an inactive state. If the dispute is lost, the funds are permanently returned to the Booking Client, the booking is cancelled, and the client remains banned.
Studio Owners retain full manual control over their banned client list. They may reinstate any banned client or manually ban any client at their discretion, regardless of dispute status. Manual bans do not affect the financial outcome of any Stripe dispute.
When a banned client attempts to make a new booking, the attempt is logged — including the name, email, phone number, and IP address used — and the booking is blocked. Studio Owners can review all blocked attempts from their dashboard. This data is collected and processed for the legitimate purpose of fraud prevention as described in our Privacy Policy.
The Service depends on third-party providers — including Stripe for payments, Google for calendar synchronisation and sign-in, our email delivery provider, and our hosting and database providers. We do not control them. We do not warrant their availability, performance, or continued existence, and we are not liable for their outages, errors, delays, rate limits, security incidents, or changes to their services, including where such a failure prevents a booking from being taken, a payment from being processed, a calendar from synchronising, or an email from being delivered. Your use of each integration is also subject to that provider's own terms, and we may add, change, or discontinue an integration where a provider changes or withdraws its service.
If you choose to sign in or register using Google, PunchIn requests only the identity scopes (openid, email, and profile) needed to authenticate you and identify your account. This authorization does not grant PunchIn access to your Google Calendar or any other Google data, and is separate from the Google Calendar integration described below.
By connecting your Google Calendar account, you grant PunchIn permission to create and manage calendar events on your behalf using the Google Calendar API. We request only the narrow scopes our features require: calendar.events to create, update and remove booking events and receive change notifications; calendar.calendarlist.readonly to list your calendars so you can choose which one each room and engineer uses; calendar.freebusy to read busy times so we do not offer clashing slots; calendar.calendars to create a new calendar when you ask us to; and your account email address to identify the connected account. We do not request the broad Google Calendar scope, and therefore cannot change calendar sharing permissions or delete your calendars. This authorization enables two-way synchronization between your Google Calendar and PunchIn bookings, and is distinct from Google Sign-In — each can be granted or revoked independently.
PunchIn's use and transfer of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements. You may revoke this authorization at any time by unlinking your Google Calendar from the PunchIn dashboard or through your Google Account permissions.
Studio Owners must connect a Stripe account to accept booking deposits. By connecting your Stripe account, you agree to be bound by the Stripe Connected Account Agreement. Booking deposits are charged directly on your connected Stripe account and are held there from the moment they are paid; PunchIn does not receive, hold, or route them. Stripe's processing fees for those charges are deducted from your account, and PunchIn takes no commission on bookings. PunchIn is not responsible for Stripe's processing fees, payout schedules, or any actions taken by Stripe on your account.
PunchIn monitors platform activity to maintain service quality, prevent fraud, and ensure compliance with these Terms. This includes:
These monitoring activities are conducted solely for platform operations, security, and compliance purposes. Personal data included in administrative reports is handled in accordance with our Privacy Policy.
You retain ownership of all content you submit to the Service, including studio descriptions, room photos, engineer profiles, branding assets, and booking notes ("User Content"). By submitting User Content, you grant PunchIn a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, and transmit that content for the purpose of providing and operating the Service, including the right to sublicense it to the service providers listed in our Privacy Policy to the extent needed to do so — your studio logo cannot be shown on your booking page without being stored by our hosting and database providers. This license ends when you delete the content or your account, except for copies retained under the retention practices described in our Privacy Policy.
You represent and warrant that you have all necessary rights to submit any User Content and that such content does not infringe on the intellectual property rights, privacy rights, or other legal rights of any third party.
Data Ownership: Studio Owners retain ownership of their studio data, including booking records, client information, and financial data. Upon account termination, you may request an export of your data by contacting support@punchin.studio. Data is retained in accordance with the periods described in our Privacy Policy.
This section is a data processing agreement ("DPA") and forms part of these Terms. It applies where a Studio Owner uses the Service to process personal data relating to Booking Clients, and where that processing is subject to the EU or UK General Data Protection Regulation ("GDPR"), the California Consumer Privacy Act as amended ("CCPA"), or comparable data protection law. No separate signature is required: by accepting these Terms you accept this DPA. Where you have signed a separate written data processing agreement with PunchIn, that agreement controls to the extent it conflicts with this section.
For personal data relating to your Booking Clients — their names, email addresses, phone numbers, booking history, and any notes you or they record against a booking — you are the controller and PunchIn is the processor. You decide why and how that data is collected and used; we process it on your behalf in order to provide the Service. Under the CCPA, PunchIn acts as a service provider with respect to that data.
PunchIn is an independent controller for a separate, narrower set of data: your own account and studio records, subscription and billing data, security and audit logs, and aggregated usage statistics used to operate and improve the Service. Our handling of that data is described in our Privacy Policy and is not governed by this DPA.
Subject matter and purpose: provision of the Service — accepting and managing session bookings, taking deposits, synchronising sessions to a connected calendar, and sending booking-related communications on your behalf. Duration: for as long as your account is active, plus the retention periods described in the Privacy Policy. Categories of data subject: your Booking Clients, and the engineers and team members you add to your studio. Categories of personal data: name, email address, telephone number, booking dates and times, booking notes, payment status and deposit amounts, and IP address where captured for fraud prevention and Terms acceptance. We do not intend for the Service to be used to process special categories of personal data as defined in Article 9 GDPR, and you agree not to use it for that purpose.
PunchIn will:
You give PunchIn general written authorisation to engage sub-processors to deliver the Service. The current sub-processors, the purpose each serves, and the categories of data each receives are listed in the Privacy Policy. We remain responsible to you for a sub-processor's performance of its data protection obligations, and we impose data protection terms on each sub-processor that are no less protective than those in this DPA.
Before adding or replacing a sub-processor that will process Booking Client personal data, we will update the list in the Privacy Policy and notify Studio Owners by email at least thirty (30) days in advance. If you have a reasonable objection on data protection grounds, tell us within that period and we will work with you in good faith to address it; if we cannot, you may terminate your subscription for the affected part of the Service without penalty, with a pro-rata refund of any prepaid fees for the unused period.
PunchIn and its sub-processors are located in the United States, and personal data processed through the Service is stored and processed there. Where you transfer personal data from the European Economic Area or the United Kingdom, you instruct us to process it in the United States, and the parties agree that the European Commission's Standard Contractual Clauses (Module Two, controller to processor), together with the UK International Data Transfer Addendum where applicable, are incorporated into this DPA by reference and apply to that transfer. Where the parties have completed and executed the annexes to those clauses, the completed annexes govern.
The Service is not currently offered for the transfer of personal data originating in Switzerland, and this DPA does not provide a transfer mechanism under the Swiss Federal Act on Data Protection. If you need to transfer Swiss-origin personal data through the Service, contact us at support@punchin.studio before doing so.
Documentation first. On written request, and no more than once in any twelve-month period unless required by a supervisory authority or following a personal data breach affecting your data, we will make available the information reasonably necessary to demonstrate compliance with this DPA. Where we hold a current third-party security attestation or certification — such as a SOC 2 Type II report or ISO/IEC 27001 certificate — making it available to you, or completing a security questionnaire of reasonable scope, satisfies this section in full.
When an inspection is available. We will allow you, or an independent auditor you mandate, to conduct an audit including an inspection only to the extent that audit rights you are required to exercise under applicable data protection law cannot reasonably be satisfied by the documentation described above. An audit conducted by anyone other than your own employees must be carried out by a suitably qualified, independent third-party auditor.
Our right to object to an auditor. We may object in writing to an auditor you appoint where, in our reasonable opinion, that auditor is not suitably qualified or independent, is a competitor of PunchIn, or is otherwise manifestly unsuitable. Following an objection you must appoint a different auditor or conduct the audit using your own employees.
Conduct of an audit. Before an audit begins, the parties will agree in advance on its start date, scope, duration, and the security and confidentiality controls that will apply; we will not use this to unreasonably delay an audit you are entitled to. Audits require at least thirty (30) days' prior written notice, take place during business hours, are limited to processing we carry out on your behalf and to personal data relating to you, and must be conducted so as not to disrupt the Service or to access, compromise or disclose the data of any other customer. Penetration testing and any other active testing of shared infrastructure require our prior written agreement. The auditor must be bound by confidentiality obligations no less protective than those in these Terms, and you must treat the findings as our confidential information except to the extent disclosure is required by law or by a supervisory authority.
Costs. You bear your own costs and the costs of any auditor you appoint, and we may charge a fee based on our reasonable costs of supporting an audit, notified to you in advance. Where an audit identifies a material failure by PunchIn to comply with this DPA, we will instead bear our own costs, reimburse the reasonable costs you incurred in conducting that audit, and remediate the failure without undue delay at our expense.
You are responsible for establishing and maintaining a lawful basis for the personal data you process through the Service, for providing any privacy notices your Booking Clients are entitled to, for the accuracy of the data you enter, and for ensuring that your instructions to us comply with applicable data protection law. You are also responsible for the personal data you export from the Service, including any data written to a calendar you connect.
The Service and its original content (excluding User Content), features, functionality, design, source code, and documentation are and will remain the exclusive property of PunchIn and its licensors. The Service is protected by copyright, trademark, trade secret, and other intellectual property laws of the United States and foreign jurisdictions.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service in accordance with these Terms. This license does not include the right to: (a) modify, copy, or create derivative works of the Service; (b) reverse engineer, decompile, or disassemble any part of the Service; (c) remove or alter any proprietary notices; or (d) use the PunchIn name, logo, or trademarks without prior written consent.
If you send us suggestions, ideas, feature requests, or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it for any purpose without any obligation or payment to you. We are free to build what you suggest. This does not give us any rights in your User Content, your studio data, or anything else you submit in the course of using the Service — it applies only to feedback about PunchIn itself.
You agree not to use the Service:
You may not use the Service, or connect a payment account through the Service, to operate a business that our payment processor restricts or prohibits. Stripe publishes that list at stripe.com/restricted-businesses and updates it from time to time. If your business falls into a restricted category, you must obtain Stripe's prior written approval before accepting payments through PunchIn. We may suspend or terminate an account that does not comply, and we are not responsible for funds held, reversed, or seized by our payment processor as a result.
You represent that you are not located in, ordinarily resident in, or organised under the laws of any country or region subject to comprehensive U.S. government sanctions, and that you are not identified on any U.S. government list of prohibited or restricted parties, including the U.S. Treasury Department's Specially Designated Nationals and Blocked Persons list. You agree to comply with all applicable export control and economic sanctions laws, and not to use the Service in violation of them.
You agree to defend, indemnify, and hold harmless PunchIn and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of or inability to use the Service; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of any third party; (d) any User Content you submit, post, or otherwise make available through the Service; (e) any dispute between a Studio Owner and a Booking Client; or (f) your negligent or willful misconduct. This indemnification obligation will survive the termination of your account and these Terms.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, 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.
PUNCHIN DOES NOT WARRANT THAT: (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURELY, OR BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THE QUALITY, SUITABILITY, OR AVAILABILITY OF ANY STUDIO, ENGINEER, ROOM, OR SESSION BOOKED THROUGH THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PUNCHIN, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (V) ANY DISPUTE BETWEEN A STUDIO AND A BOOKING CLIENT; OR (VI) THE ACTS OR OMISSIONS OF ANY STUDIO, ENGINEER, OR BOOKING CLIENT.
IN NO EVENT SHALL PUNCHIN'S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO PUNCHIN IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).
Nothing in these Terms limits or excludes our liability for fraud, gross negligence, or willful misconduct, for death or personal injury caused by our negligence, or for any other liability that cannot be limited or excluded under applicable law. California Civil Code section 1668 voids any attempt to do so, and this paragraph is intended to make that limit explicit rather than to leave it to be read in.
Before initiating any formal dispute resolution proceeding, you agree to first contact us at legal@punchin.studio and attempt to resolve the dispute informally for at least thirty (30) days.
If the dispute cannot be resolved informally, you and PunchIn agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures, rather than in court. The arbitration shall be conducted in the State of California, in the English language. Where you are an individual consumer, JAMS' Consumer Arbitration Minimum Standards apply, and the arbitration may be conducted remotely or in the county where you live if you prefer.
YOU AND PUNCHIN EACH WAIVE ANY RIGHT TO A TRIAL BY JURY in any proceeding arising out of or relating to these Terms or the Service.
YOU AND PUNCHIN AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.
If a court or arbitrator decides that this Class Action Waiver cannot be enforced as to a particular claim or remedy, that claim or remedy will proceed in court and the rest will remain in arbitration. If a court decides this Class Action Waiver cannot be enforced at all, then Section B (Binding Arbitration) does not apply to that dispute and it will be resolved in court. The Class Action Waiver is a material and essential part of this arbitration agreement and is not severable from it.
Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights. Either party may also bring an individual claim in small claims court if it qualifies.
Nothing in this Section waives your right to seek public injunctive relief in court where applicable law does not permit that right to be waived or arbitrated, and any such claim is severed and stayed pending the outcome of arbitration of the remaining claims.
Any claim arising out of or relating to these Terms or the Service must be brought within one (1) year after the claim arose or, if later, after you knew or reasonably should have known of it. A claim brought after that period is permanently barred. This limit applies to the fullest extent permitted by law, and does not apply where applicable law does not allow it to be shortened.
By PunchIn: We may suspend or terminate your account and access to the Service immediately, without prior notice, if: (a) you breach any provision of these Terms; (b) you engage in fraudulent, abusive, or illegal activity; (c) your subscription payment fails and remains unresolved after our payment processor's automatic retry attempts are exhausted; (d) you file a chargeback against a valid subscription charge; or (e) we are required to do so by law.
We may also discontinue the Service, or terminate an account for any other reason, on at least thirty (30) days' notice. If we do, we will refund any prepaid subscription fees covering the unused remainder of your billing period, and you will have that notice period to export your data.
By You: You may terminate your account at any time by cancelling your subscription through the Stripe customer portal and ceasing to use the Service. Cancellation takes effect at the end of your current billing period.
Deleting Your Account & Data: You may permanently delete your account at any time from your account settings in the dashboard. If you own one or more studios, you must first delete each studio (from Studio Config → Danger Zone) before your account can be deleted. Deleting a studio permanently and irreversibly removes the data belonging to it, including rooms, engineers, on-call shifts, bookings and their associated Booking Client information, calendar connections, banned-client records, and pending team invitations. Deleting a studio also immediately cancels any active subscription billed against it and revokes PunchIn's Google Calendar authorization for that studio at Google, so no further charges or calendar access occur after deletion. Deleting your account removes your login credentials and connected sign-in identities. Because deletion is irreversible, we recommend requesting a data export beforehand (see Section 10). Certain records are retained after deletion to the extent permitted or required by law, as described in our Privacy Policy.
Effect of Termination: Upon termination, your right to access the Service will cease immediately. Your studio's public booking pages will be deactivated and will no longer accept new bookings. You remain responsible for any outstanding fees incurred prior to termination. Data is retained in accordance with our Privacy Policy.
Survival: The following sections survive termination of these Terms: User Content & Data, the Data Processing Agreement, Intellectual Property, Indemnification, Disclaimer of Warranties, Limitation of Liability, Dispute Resolution & Arbitration, Governing Law, and any other provision that by its nature should survive.
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. To the extent that any lawsuit or court proceeding is permitted hereunder, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in the State of California.
If you have any questions about these Terms, please contact us: