Terms & Conditions

3a. Age Requirements

You must be at least 16 years old (or 13 if you reside in the United States, subject to COPPA requirements and parental consent) to create an account on the Platform. Talent users who are minors must have a parent or legal guardian register on their behalf and certify their legal authority to do so. We may require age verification at any time. If we discover that a user is under the minimum age, we will terminate their account immediately.

3b. Account Accuracy

When registering, you must provide accurate, current, and complete information. You are responsible for keeping your account information up to date. Providing false or misleading information is grounds for immediate account termination.

3c. Account Security

You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at legal@pholio.studio if you suspect unauthorized access. We are not liable for any loss or damage arising from your failure to safeguard your credentials. We recommend using a strong, unique password and enabling any available two-factor authentication features.

3d. One Account Per User

Each individual may hold one account. Agencies may hold one organization account but may designate multiple authorized team members. Creating duplicate or fraudulent accounts is prohibited and may result in all associated accounts being terminated.

3e. User Roles

The Platform distinguishes between two primary user types: Talent users (individual models, creatives, and performers managing personal portfolios) and Agency users (talent management agencies and scout organizations managing rosters of Talent). Certain features, capabilities, and obligations differ between these roles as described throughout these Terms.

4a. Platform Services

Pholio is a talent portfolio and agency management platform that enables: (i) Talent to create, maintain, and publish professional portfolios; generate PDF comp cards; track portfolio analytics; and apply to Agencies; and (ii) Agencies to manage talent rosters, review applications, conduct interview scheduling, set reminders, and track commission arrangements.

4b. Limited License

Subject to your compliance with these Terms, Pholio grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your internal business or personal professional purposes. This license does not include any right to: (i) sublicense, sell, resell, or commercially exploit the Platform; (ii) copy, modify, distribute, or create derivative works of any part of the Platform (except as expressly permitted by these Terms); (iii) reverse engineer, decompile, or disassemble any software component of the Platform; or (iv) use automated scripts, bots, or scrapers to access the Platform without our prior written consent.

4c. Platform Availability

We strive to maintain high availability but do not guarantee uninterrupted or error-free access. We may suspend, modify, or discontinue any feature or the entire Platform at any time with reasonable notice, except in cases of emergency or legal obligation. We are not liable for any losses arising from downtime, feature removal, or service interruptions.

4d. Beta Features

We may offer pre-release or beta features. These are provided "as-is" without warranty and may be changed or removed at any time. Your participation in beta features is voluntary.

5a. Subscription Tiers

Pholio offers free and paid subscription plans. The features available at each tier are described on our Pricing page and may change from time to time. Paid plans are billed on a recurring basis (monthly or annually, as selected at checkout).

5b. Payment Processing

All payments are processed by Stripe, Inc., a PCI-DSS Level 1 certified payment processor. By providing payment details, you authorize Stripe to charge your designated payment method on a recurring basis in accordance with your chosen plan. You must provide valid, current payment information. We do not store full payment card numbers on our servers; all payment data is managed by Stripe under their terms (stripe.com/legal).

5c. Recurring Billing and Cancellation

Your subscription will automatically renew at the end of each billing cycle unless you cancel before the renewal date. Cancellations take effect at the end of the current paid period; you will not be charged for the next cycle but will retain access until the period ends. To cancel, use the account settings page or contact legal@pholio.studio. We do not offer prorated refunds for mid-cycle cancellations, except as required by law.

5d. Free Trials

If we offer a free trial, it begins on the date you enroll and ends on the date specified. If you do not cancel before the trial ends, you will be automatically charged the applicable subscription fee. One free trial per person.

5e. Price Changes

We may change subscription prices with at least 30 days' notice to existing subscribers via email. If you do not agree to a price change, you may cancel before the new price takes effect.

5f. Taxes

Prices displayed exclude applicable taxes (VAT, GST, sales tax). Tax charges are calculated based on your billing address and applicable law. You are responsible for all taxes associated with your use of the Platform.

5g. Failed Payments

If a payment fails, we may retry the charge, suspend your account, or downgrade your access to a free tier until payment is successfully collected. Accounts with overdue balances for more than 30 days may be terminated.

5h. Refunds

All sales are final except where required by applicable law. If you believe a charge is erroneous, contact legal@pholio.studio within 14 days of the charge. We will investigate and, if an error is confirmed, issue a refund or credit at our discretion.

6a. Your Content

"User Content" means any data, text, images, photos, videos, bios, measurements, or other material you upload, submit, or transmit through the Platform. You retain full ownership of your User Content.

6b. License Grant to Pholio

By uploading User Content to the Platform, you grant Pholio a worldwide, non-exclusive, royalty-free, sublicensable (solely to our service providers), and transferable license to use, store, reproduce, process, display, distribute, and create derivative works of your User Content solely to: (i) operate and provide the Platform and its features; (ii) generate PDF comp cards and portfolio pages on your behalf; (iii) process AI-assisted photo analysis where you have provided consent; (iv) display your portfolio to Agencies or the public consistent with your visibility settings; and (v) comply with legal obligations. This license terminates when you delete your account or remove the relevant content, subject to reasonable caching and backup retention periods.

6c. Agency Viewing Rights

When a Talent submits an application to an Agency, the Agency receives a limited, non-exclusive right to view, print, and internally share the Talent's portfolio and profile data solely for the purpose of evaluating the application. Agencies may not use Talent User Content for any other purpose, including advertising, without the Talent's separate written consent.

6d. Pholio's Intellectual Property

The Platform, including all software, algorithms, designs, graphics, logos, trade names, text, documentation, and all other materials (excluding User Content), is owned by Pholio or its licensors and is protected by copyright, trademark, patent, and other intellectual property laws. Nothing in these Terms transfers any ownership of Pholio's intellectual property to you. The Pholio name, logo, and product names are trademarks of Pholio Studio, Inc.. You may not use our trademarks without our prior written consent.

6e. Feedback

If you provide us with suggestions, ideas, or other feedback about the Platform ("Feedback"), you grant us an irrevocable, worldwide, royalty-free license to use, incorporate, and commercialize such Feedback without restriction or compensation to you. You acknowledge that we may already be working on similar improvements independently.

6f. DMCA / Copyright Infringement

We respect intellectual property rights and expect users to do the same. If you believe content on the Platform infringes your copyright, please submit a takedown notice to legal@pholio.studio with: (i) your contact information; (ii) identification of the copyrighted work; (iii) identification of the allegedly infringing material and its location on the Platform; (iv) a statement of good-faith belief; and (v) a statement of accuracy and authority, signed under penalty of perjury.

7a. Accuracy of Profile Data

Talent users represent and warrant that all information submitted to their profile — including physical measurements, portfolio categories, location, and contact details — is accurate, truthful, and not misleading. Pholio is not responsible for inaccurate representations made by Talent users to Agencies.

7b. Image Ownership and Consent

By uploading photographs to your portfolio, you represent and warrant that: (i) you own or have all necessary rights, licenses, and consents to upload and display those images on the Platform; (ii) the images do not infringe any third party's intellectual property, privacy, publicity, or moral rights; and (iii) you have obtained written releases from any photographers, stylists, or other rights holders as required by applicable law.

7c. No Explicit or Harmful Content

You may not upload images or content that are sexually explicit, obscene, defamatory, harassing, violent, or otherwise objectionable. We reserve the right to remove any content that violates this provision and to terminate accounts of repeat violators.

7d. Direct Bookings and Commissions

If an Agency discovers your portfolio on Pholio and you subsequently enter into a booking or representation agreement with that Agency, you acknowledge that you may be subject to commission arrangements governed by that Agency's standard terms. Pholio is not a party to any direct agreements between Talent and Agencies and does not facilitate, guarantee, or take responsibility for commissions, bookings, or payment disputes between them.

7e. AI Feature Consent

If you enable AI-assisted photo analysis, you consent to the transmission of selected portfolio images to Groq, Inc.'s inference API for automated quality assessment and curation recommendations. AI analysis results are advisory only; they do not affect your standing on the Platform. You may withdraw this consent at any time in your account settings.

8a. Authorized Use of Talent Data

Agency users receive access to Talent profile data and portfolios solely for the purpose of evaluating talent for representation or booking. Agencies may not: (i) resell or share Talent data with unauthorized third parties; (ii) use Talent contact details for unsolicited mass communications; (iii) download, scrape, or aggregate Talent portfolios beyond what is reasonably necessary for internal evaluation; or (iv) use Talent data in any manner inconsistent with these Terms or applicable data protection law.

8b. Commission Records

The Platform may allow Agencies to record commission rates and earnings for talent they manage. These records are maintained for Agency internal reference only. Pholio does not enforce, validate, or participate in commission agreements between Agencies and Talent. You are responsible for ensuring your commission records comply with applicable labor, tax, and entertainment industry laws.

8c. Application Handling

Agencies must handle received applications in good faith and in a timely manner. Agencies may not accept applications with no genuine intention of evaluation, nor use the application process to collect Talent data for purposes unrelated to talent representation.

8d. Legitimate Agency Operations

By registering as an Agency, you represent that you are a legitimate talent management, modeling, casting, or entertainment agency operating in compliance with all applicable laws in your jurisdiction, including any licensing requirements for talent agents or managers.

10a. Nature of AI Features

The Platform includes optional AI-powered features, including automated photo quality assessment and portfolio curation recommendations, processed via third-party AI inference services. These features are designed to assist you in presenting your portfolio effectively. All AI-generated recommendations are advisory only and do not constitute editorial judgments, professional opinions, or legally binding evaluations.

10b. No Guarantee of Accuracy

AI systems can produce inaccurate, biased, or unexpected outputs. We make no representations or warranties regarding the accuracy, completeness, or suitability of any AI-generated content or recommendations. You should use your own judgment when acting on any AI output.

10c. Opt-In Consent Required

AI-assisted photo analysis is an opt-in feature only. We will not process your images through AI systems without your explicit consent. You may withdraw consent at any time through your account settings; withdrawal will stop future AI processing but does not affect prior analysis.

10d. No Discriminatory Use

Neither Pholio nor its AI features use personal characteristics such as race, ethnicity, national origin, religion, disability, age, sex, or sexual orientation as a basis for any platform decisions, including portfolio ranking, discoverability, or application outcomes.

15a. Term

These Terms are effective from the date you first access the Platform and continue until terminated by either you or Pholio.

15b. Termination by You

You may terminate these Terms at any time by deleting your account through the account settings page. Termination does not entitle you to a refund of any pre-paid subscription fees, except as required by applicable law.

15c. Termination by Pholio

We may suspend or terminate your account and access to the Platform immediately and without prior notice if we determine, in our sole discretion, that you have: (i) violated these Terms; (ii) provided false or fraudulent information; (iii) engaged in conduct harmful to other users, third parties, or our business interests; (iv) failed to pay amounts due after reasonable notice; or (v) violated applicable law.

15d. Effects of Termination

Upon termination of your account: (i) your license to use the Platform immediately ceases; (ii) we may delete your account data in accordance with our Privacy Policy and data retention practices; (iii) provisions of these Terms that by their nature should survive termination will survive, including Sections 6 (Intellectual Property), 9 (Prohibited Conduct), 12 (Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), 16 (Dispute Resolution), and 17 (Governing Law).

15e. Data Access After Termination

Upon account termination, you may request an export of your User Content within 30 days of termination. After this period, we are not obligated to retain or provide your data, subject to legal retention obligations.

16a. Informal Resolution First

Before initiating any formal legal proceeding, you agree to contact us at legal@pholio.studio with a written description of your dispute and the resolution you seek. We agree to use good-faith efforts to resolve the dispute informally within 30 days of receiving your notice. This informal resolution period is a prerequisite to arbitration or any other formal proceeding.

16b. Binding Arbitration

If informal resolution fails, you and Pholio agree that any dispute, claim, or controversy arising from or relating to these Terms or the Platform (including the validity, enforceability, or scope of this arbitration clause) will be resolved through final, binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in English in Delaware unless you and Pholio agree otherwise. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

16c. Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND PHOLIO AGREE THAT EACH 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, COLLECTIVE, REPRESENTATIVE, OR MULTI-PLAINTIFF ACTION OR PROCEEDING. No arbitrator shall have authority to consolidate claims or preside over any class or representative proceeding without the consent of both parties.

16d. Exceptions to Arbitration

Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction for matters involving: (i) actual or threatened infringement, misappropriation, or violation of intellectual property rights; or (ii) unauthorized access to the Platform or user accounts. Small claims court actions within applicable jurisdictional limits are also exempt.

16e. Opt-Out Right

You may opt out of the arbitration agreement within 30 days of first accepting these Terms by sending a written opt-out notice to legal@pholio.studio with "Arbitration Opt-Out" in the subject line. If you opt out, disputes will be resolved in the courts specified in Section 17.

16f. EU/UK Users

Nothing in this Section limits your right as an EU or UK consumer to bring a claim before the courts of your country of residence or to use applicable out-of-court dispute resolution mechanisms provided by EU or UK law.

18a. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or policies published by Pholio on the Platform, constitute the entire agreement between you and Pholio regarding your use of the Platform and supersede all prior agreements, understandings, and representations.

18b. Severability

If any provision of these Terms is held invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

18c. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. No waiver of any term or condition shall be deemed a further or continuing waiver of that term or any other term.

18d. Assignment

You may not assign or transfer these Terms or any of your rights or obligations under them without our prior written consent. We may freely assign these Terms (including in connection with a merger, acquisition, or sale of assets) without notice to you. Any purported assignment in violation of this section is void.

18e. Force Majeure

Neither party shall be liable for any failure or delay in performance resulting from events beyond its reasonable control, including natural disasters, acts of government, pandemic, strikes, utility failures, internet outages, or cyberattacks, provided the affected party gives prompt notice and uses reasonable efforts to resume performance.

18f. No Third-Party Beneficiaries

These Terms are solely for the benefit of you and Pholio. No third party shall have any right to enforce any provision of these Terms.

18g. Notices

All legal notices to Pholio under these Terms must be sent in writing to legal@pholio.studio or to our registered address at Pholio Studio, Inc., [Your Address], [City, State, ZIP], United States. We may provide notice to you via the email address associated with your account or by posting a notice on the Platform.

18h. Export Controls

You represent that you are not located in, under the control of, or a national or resident of any country subject to US export restrictions, and that you will not export or re-export the Platform to any such country or person.