1. Who We Are and What These Terms Cover
1.1 MyMiniStudio is a digital miniature painting studio operated by HobbyAspirations Ltd., a corporation existing under the laws of the Province of Ontario, Canada (“we”, “us”, “the Company”). These Terms of Service (the “Terms”) govern your use of the MyMiniStudio applications and the website myministudio.app (together, the “Service”).
1.2 By creating an account or using the Service you agree to these Terms. If you do not agree, do not use the Service.
1.3 The following documents are part of these Terms and are incorporated by reference: the Privacy Policy, the Model License Terms, the Refund Policy, and the IP and Copyright Policy. If a specific term in the Model License Terms conflicts with these Terms about what you may do with a purchased model, the Model License Terms govern.
2. Eligibility and Accounts
2.1 You must be at least 13 years old to use the Service. If you are under the age of majority where you live, a parent or guardian must review and accept these Terms on your behalf, and purchases must be made or approved by them.
2.2 You must provide accurate account information and keep your credentials secure. Your account is personal and may not be shared or transferred. You are responsible for activity under your account.
2.3 We may suspend or close accounts that breach these Terms, as described in Section 12.
3. The Service
3.1 The Service lets you assemble, undercoat, paint, base, and photograph digital miniatures. Parts of the Service are free; parts require a one-time unlock purchase or a per-model license from the marketplace (Section 5).
3.2 We improve the Service continuously. Features may change, be added, or be removed. Where a feature is marked as beta or experimental, it may be less stable and may change without notice.
3.3 The Service works offline in part; some features (sign-in, purchases, downloading models) need a network connection.
4. Your Content
4.1 You keep all rights in 3D model files you lawfully import into the Service and in the paint work and projects you create in the Service (“Your Content”). We claim no ownership of Your Content.
4.2 You grant us only the limited license needed to host, process, cache, and display Your Content in order to operate the Service for you. If you use a feature that shares content with other users (for example, shared color palettes), you grant us the additional non-exclusive license needed to distribute that shared content within the Service, and you can stop sharing at any time for the future.
4.3 You are responsible for having the necessary rights to anything you import. Importing content you do not have rights to is a breach of these Terms. See the IP and Copyright Policy.
4.4 Projects are stored on your device by default. Keep backups of work you care about. If we introduce cloud sync or sharing features, we will describe them in the Service and in the Privacy Policy.
5. Purchases, Licenses, and Entitlements
5.1 The Service offers: (a) a one-time unlock that permanently enables a set of named features for your account; and (b) marketplace licenses for individual models, in the classes described in the Model License Terms (a paint license, and a paint and print license).
5.2 Purchases can be made in the app (through Apple) or on the web (through our payment processor). A purchase is recorded against your account and works on every platform where you sign in. Purchases require an account; signing in is how purchases are restored.
5.3 Marketplace models are licensed, not sold. The artist keeps ownership of the model; your license is defined by the Model License Terms and the license class you bought.
5.4 Prices may change; changes do not affect purchases you have already made. Prices may not include applicable taxes, which are shown at checkout where required.
5.5 Purchases made through Apple are also subject to Apple's terms, and Apple handles refunds for those purchases (see the Refund Policy).
5.6 If content you purchased must be withdrawn from the Service for legal reasons, we will handle it as described in the Refund Policy.
6. Refunds
6.1 Refunds are handled under the Refund Policy. In short: purchases made through Apple are decided by Apple; purchases made on the web are decided by us under the policy's rules; a refunded purchase revokes the matching license or entitlement.
7. Acceptable Use
7.1 You will not: (a) use the Service in violation of law or these Terms; (b) infringe anyone's intellectual property or other rights; (c) circumvent, disable, or interfere with entitlement checks, content protection, encryption, or other security features of the Service; (d) extract, copy, or redistribute marketplace models except as the Model License Terms allow; (e) reverse engineer, decompile, or disassemble the Service, except to the extent applicable law permits this despite this restriction; (f) access the Service by automated means or scrape it, other than ordinary search engine indexing of public pages; (g) resell or commercially exploit the Service itself; or (h) interfere with the operation or security of the Service or other users' use of it.
7.2 We may investigate breaches and may involve authorities where the law requires or permits.
8. Marketplace Content and Artists
8.1 Marketplace models are provided by independent artists. We curate the marketplace, but artists are responsible for the rights in their models, as set out in their agreements with us and in the IP and Copyright Policy.
8.2 The set of models available for new purchase may change over time. We use reasonable efforts to keep models you have already licensed available to your account; the legal-withdrawal case is handled per the Refund Policy.
9. Intellectual Property of the Service
9.1 The Service, including its software, design, and branding, belongs to the Company and its licensors. These Terms give you a personal, non-transferable, non-exclusive, revocable license to use the Service as intended. No other rights are granted.
9.2 Feedback you send us about the Service may be used by us without restriction or compensation.
10. Copyright Complaints
10.1 We respond to notices of claimed infringement under the IP and Copyright Policy, which includes the notice procedure, the counter-notice procedure, and our repeat-infringer policy.
11. Apple App Store Terms
11.1 If you obtained the app through the Apple App Store: these Terms are between you and the Company, not Apple; Apple has no obligation to provide maintenance or support for the app; Apple is not responsible for addressing claims relating to the app, including product liability, legal compliance, or intellectual property claims; and Apple and its subsidiaries are third-party beneficiaries of these Terms with the right to enforce them against you. You represent that you are not located in an embargoed country and are not on a restricted-parties list. Apple's usage rules in its Media Services Terms and Conditions also apply to app-store purchases.
12. Suspension and Termination
12.1 You may stop using the Service at any time, and you can delete your account yourself in the app (Account settings, Delete account). Deleting your account permanently removes access to purchases and entitlements attached to it, so contact us first if anything is unclear.
12.2 We may suspend or terminate your access if you materially breach these Terms (including the Acceptable Use rules and the Model License Terms), with notice where practicable. For breaches involving circumvention of content protection or infringement of artists' rights, we may terminate immediately.
12.3 Sections that by their nature should survive termination do survive, including Sections 4 (your ownership), 7, 9, 13, 14, and 15.
13. Disclaimers
13.1 The Service is provided “as is” and “as available”. To the maximum extent permitted by law, we disclaim all warranties and conditions, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that data will never be lost. Keep backups.
14. Limitation of Liability
14.1 To the maximum extent permitted by law: (a) we are not liable for indirect, incidental, special, or consequential damages, or for loss of profits, data, or goodwill; and (b) our total liability for all claims arising out of the Service is limited to the greater of the amounts you paid us in the twelve (12) months before the claim and CAD $50.
14.2 Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including applicable consumer protection law. If you are a consumer, you may have rights these Terms do not override.
15. General
15.1 These Terms are governed by the laws of the Province of Ontario and the laws of Canada applicable in Ontario. Disputes will be resolved in the courts of Ontario, unless applicable consumer law gives you the right to sue where you live.
15.2 We may update these Terms. For material changes we will give notice in the Service or by email, with the new effective date. Continued use after the effective date means you accept the updated Terms; if you do not, stop using the Service and contact us about outstanding purchases.
15.3 If any provision is held unenforceable, it will be reduced or severed to the minimum extent necessary and the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them to an affiliate or successor of our business.
15.4 Contact: [email protected]. Copyright and trademark notices go to the address in the IP and Copyright Policy.