Terms & Conditions

By creating a CostumeHQ account, starting a paid subscription, accessing the CostumeHQ platform, or using any CostumeHQ service, you agree to these Terms & Conditions on behalf of yourself and the dance studio or organization you represent.

These Terms are a business-to-business agreement between CostumeHQ LLC and the studio. CostumeHQ is not a consumer service and is not directed to children. The person who creates the account must be at least 18 years old and must have authority to bind the studio. In these Terms, “you” and “studio” mean that organization and the person acting for it. “CostumeHQ,” “we,” and “us” mean CostumeHQ LLC, a limited liability company formed in Michigan. Notices to CostumeHQ may be sent to help@costumehq.dance or to the support email published in the studio account.

This version replaces prior drafts. A test account that accepted an earlier version must accept version 0.7 before a live card is charged. The effective date is the date this version is published and the checkout is turned on. It is not backdated.

1. The service

CostumeHQ provides software tools that help dance studios manage costume season, including dancer rosters, measurements, automated size recommendations, costume tracking, ordering information the studio enters, fittings, exchanges, and distribution.

CostumeHQ does not manufacture, sell, alter, inspect, or fit costumes. CostumeHQ does not control the sizing standards, garment construction, fabric, production methods, or fulfillment practices of any third-party costume vendor. CostumeHQ does not display vendor size charts. CostumeHQ does not take payment for costumes and does not submit an order or a cart to a vendor. The studio places any costume order itself.

2. Size recommendations are estimates

CostumeHQ may generate a size recommendation by comparing measurements the studio enters with sizing information published by third-party vendors. CostumeHQ uses that information to automate the recommendation. It does not display the vendor size chart.

Every size recommendation is an estimate. It is decision-support only. CostumeHQ does not guarantee that any recommended or selected size will fit a particular dancer.

Actual garment fit may vary because of:

• inaccurate, incomplete, or outdated dancer measurements
• differences in how measurements are taken
• dancer growth or other body changes after measurement
• vendor changes to sizing charts or manufacturing
• style, fabric, stretch, cut, construction, or design differences
• inconsistent sizing among vendors or among styles from the same vendor
• incorrect or incomplete information supplied by a vendor
• data-entry errors by studio personnel
• selection of an incorrect vendor, garment, chart, or product category
• individual fit preferences or alteration needs

3. The studio owns the measurements

The studio is solely responsible for obtaining and entering accurate dancer measurements. The studio agrees to:

• measure dancers using appropriate measurement practices
• verify measurements before relying on a CostumeHQ recommendation
• confirm that the correct measurement units are used
• update measurements when appropriate
• review any warning, conflict, or borderline sizing result displayed by CostumeHQ

CostumeHQ sizing recommendations are based on the dancer measurements in the account at the time the recommendation is generated. Dancers may grow, change weight, or change proportion between the measurement date and the date a costume is received or worn. CostumeHQ cannot predict or guarantee against those changes.

CostumeHQ is not responsible for sizing or fit issues resulting from measurements that are inaccurate, incomplete, incorrectly entered, improperly taken, outdated, or otherwise unreliable, or from a dancer’s growth or other physical changes after measurements are taken.

4. Vendor sizing information is third-party information

CostumeHQ may use sizing information published by third-party costume and dancewear companies to automate a size recommendation. CostumeHQ does not display vendor size charts. That sizing information is created and controlled by the respective vendors and may be changed, corrected, discontinued, or updated without notice.

CostumeHQ uses reasonable efforts to keep referenced sizing information current. CostumeHQ does not warrant that third-party sizing charts, sizing guidance, or other vendor information are complete, current, error-free, or suitable for every garment.

Actual garment sizing and fit may differ from a vendor’s published size chart or sizing guidance. A garment may run larger or smaller than indicated. Sizing may vary between styles, fabrics, production runs, or garments from the same vendor. CostumeHQ does not manufacture or control the garments and cannot guarantee that a costume will fit according to the vendor’s published sizing information.

CostumeHQ is not responsible for sizing or fit issues, exchanges, alterations, replacement costs, shipping costs, or other losses resulting from inaccurate or inconsistent vendor sizing, manufacturing variations, or differences between a vendor’s published sizing information and the actual fit of a garment.

The studio remains responsible for the size it approves whether or not a vendor size chart is displayed in the platform. CostumeHQ does not display vendor size charts, and the studio’s responsibility for the approved size does not depend on a chart being shown.

5. The studio approves the size

The studio retains sole responsibility for reviewing and approving the final size ordered for each dancer. CostumeHQ may display a recommended size, an alternative size, a warning, a confidence level, or a review flag. The studio must exercise its own judgment before placing an order. A user to whom the studio gives permission to approve a size binds the studio by that approval, and by the confirmation that user accepts. The studio is responsible for which users hold that permission.

The studio may override a CostumeHQ recommendation and remains responsible for the size ultimately selected and ordered.

Approving a size in CostumeHQ confirms that the studio has reviewed the dancer’s measurements and the recommendation and accepts responsibility for that sizing decision. CostumeHQ will keep a record of the approval, including the user who approved, the date and time, the recommended size, the size approved, and the terms version then in effect.

6. No vendor affiliation

Vendor and brand names shown in CostumeHQ are used so the studio can identify the vendor a recommendation relates to. Unless CostumeHQ expressly states otherwise, CostumeHQ is not affiliated with, sponsored by, approved by, or endorsed by any costume or dancewear vendor referenced on the platform. Trademarks and brand names remain the property of their respective owners.

7. Orders, exchanges, and replacement costs

CostumeHQ is not a party to the studio’s order with a costume vendor. CostumeHQ does not take payment for a costume and does not submit an order or a cart to a vendor. The studio places any order itself, with the vendor. CostumeHQ is not responsible for costs associated with:

• incorrect sizing
• alterations
• costume exchanges
• replacement costumes
• expedited shipping or return shipping
• vendor restocking fees
• lost performance opportunities
• costume delays or backorders
• any other expense resulting from a costume that does not fit as expected

8. Subscription, renewal, and cancellation

Paid access is billed in advance. Founders is offered in tiers. The tier, the price, the billing interval, and the renewal date are stated on the checkout screen, not in these Terms. A payment card is required to start a subscription. There is no free trial. The subscription renews each year at the then-current rate for the selected tier unless the studio cancels before the renewal date.

Before CostumeHQ collects billing information, the checkout screen will state the tier, the amount, the billing interval, the renewal date, how to cancel, and that Stripe, Inc. processes the card. Starting a subscription is express consent to that recurring charge. CostumeHQ does not store the full card number. CostumeHQ will keep a copy of that checkout disclosure with the acceptance record.

CostumeHQ will email the account address a renewal notice between 15 and 45 days before each annual charge, whether or not the price has changed. The notice will state the tier, the amount, the renewal date, and how to cancel.

The studio may cancel from the billing portal in the account. Email to the support address published in the account is available only if the portal is unavailable. That address is monitored. Cancellation stops the next renewal. It does not refund the current term except where a refund is required by law. After expiration or cancellation, the account is read-only until the studio resubscribes. The studio may export its data while the subscription is active and during that read-only period.

If a renewal or other subscription charge fails, CostumeHQ will retry the card and email the account address. If the charge remains unpaid after that notice, CostumeHQ may suspend the account to read-only until the studio updates the card and the charge succeeds. A failed charge does not start the deletion period.

If the studio does not renew, CostumeHQ will delete studio data 90 days after the subscription ends, after notice to the account email. On a verified request from the studio, CostumeHQ will delete dancer records the studio no longer has a right to hold within 30 days after verification, and sooner than the 90-day date if the studio asks.

After that deletion, CostumeHQ keeps only records required for billing, security, tax, or legal claims. Those records are invoices, payment status, acceptance logs, security logs, and correspondence about a claim. They are not a dancer roster, and they do not include dancer names or measurements.

CostumeHQ may change the price on renewal. CostumeHQ will give at least 30 days’ notice before a renewal at a higher price. That notice may be included in the renewal email if the email is sent at least 30 days before the renewal date. The studio may cancel before that renewal if it does not accept the new price.

9. Studio data, including information about minors

The studio is responsible for the accuracy of all information entered into CostumeHQ, including dancer information, measurements, class or team, vendor information, style numbers, pricing, fees, links, order information, fitting results, and distribution records. CostumeHQ is not responsible for errors caused by inaccurate or incomplete information entered by the studio.

Dancer records may include personal information about minors. The studio represents that:

• it has the authority to upload that information
• it has the parental consent required by law to upload information about a dancer under 13, and any other consent required by law or by its own policies
• it will not ask a child to create a CostumeHQ account
• it will use the information for the studio’s costume operations
• it will notify CostumeHQ if a parent or dancer requests a correction or deletion that the studio cannot complete itself

CostumeHQ uses dancer information to provide the service to the studio. CostumeHQ does not sell dancer information and does not use it for advertising. CostumeHQ does not use dancer information, including measurements, to train a model other than the size recommendation generated for that studio. CostumeHQ may use service providers to host, store, and operate the service, including payment, database, and application-hosting providers. The Privacy Policy lists those providers.

The studio may export its data while the subscription is active and while the account is read-only after the subscription ends. On a verified request from the studio, CostumeHQ will delete dancer records the studio no longer has a right to hold within 30 days after verification, subject to the records section 8 permits CostumeHQ to keep. Automatic deletion 90 days after the studio does not renew is described in section 8.

A dancer or a parent does not create a CostumeHQ account. If a later release lets a parent or a dancer sign in, or measures a dancer from a photograph, this section will be replaced before that release.

10. Account security

The studio is responsible for maintaining the confidentiality of usernames, passwords, and other credentials, and for activity under accounts it authorizes. The studio must promptly notify CostumeHQ of suspected unauthorized access. CostumeHQ may suspend an account that appears compromised, abusive, or in breach of these Terms.

11. Service availability

CostumeHQ will use reasonable efforts to provide reliable access to the platform. CostumeHQ does not guarantee uninterrupted or error-free service. Temporary outages, maintenance, internet interruptions, third-party service failures, software errors, or other technical issues may affect availability. The studio remains responsible for maintaining any records it considers necessary for business continuity.

12. Intellectual property

CostumeHQ software, branding, workflows, interface design, documentation, and other proprietary materials remain the property of CostumeHQ. During an active subscription, the studio receives a limited, non-exclusive, non-transferable right to use the platform for its internal costume operations. The studio may not copy, resell, reverse engineer, distribute, or commercially exploit CostumeHQ technology except as these Terms permit.

The studio keeps ownership of the data it submits. The studio grants CostumeHQ a license to host, process, and display that data solely to provide, secure, and support the service, including the size recommendation generated for that studio.

13. Disclaimer of warranties

To the fullest extent permitted by applicable law, CostumeHQ is provided on an “as is” and “as available” basis. CostumeHQ disclaims warranties regarding the accuracy, completeness, reliability, merchantability, fitness for a particular purpose, and non-infringement of sizing recommendations, vendor data, reports, calculations, and other information provided through the platform. The platform indemnity in section 15 is a contractual indemnity. It is not a warranty.

14. Limitation of liability

To the fullest extent permitted by applicable law, CostumeHQ and its owners, employees, contractors, and affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, business interruption, replacement costs, or reputational harm, arising from use of the service, even if advised of the possibility.

To the fullest extent permitted by law, CostumeHQ’s aggregate liability arising out of or relating to the service will not exceed the greater of the amount paid by the studio to CostumeHQ during the 12 months preceding the event giving rise to the claim, or one hundred U.S. dollars ($100).

These limits do not apply to liability that cannot be limited under applicable law, to the studio’s payment obligations, or to liability for CostumeHQ’s gross negligence, willful misconduct, or fraud. They do apply to ordinary negligence. They apply to sizing and fit claims. The platform indemnity in section 15 has its own cap. The one-hundred-dollar alternative in this section does not apply to that indemnity.

15. Indemnification

The studio will defend, indemnify, and hold harmless CostumeHQ and its owners, employees, contractors, and affiliates from third-party claims, damages, losses, liabilities, and reasonable attorneys’ fees arising from:

• inaccurate measurements or other information provided by the studio
• sizing or ordering decisions made by the studio
• the studio’s costume operations
• misuse of the platform
• violation of these Terms
• claims by dancers, parents, customers, employees, or other third parties relating to the studio’s costume decisions or operations

CostumeHQ will defend, indemnify, and hold harmless the studio from a third-party claim that the unmodified CostumeHQ platform infringes a United States copyright, trademark, or trade secret. That indemnity does not cover a claim arising from:

• studio content, including dancer information and measurements
• a vendor or brand name used so the studio can identify the vendor a recommendation relates to
• the studio’s combination of the platform with data, software, or a process CostumeHQ did not supply
• the studio’s continued use of the platform after CostumeHQ notified the studio to stop and offered a non-infringing alternative

CostumeHQ’s aggregate liability under that platform indemnity will not exceed the amount the studio paid to CostumeHQ during the 12 months preceding the claim. Section 14’s one-hundred-dollar alternative does not apply to it.

The indemnified party will give prompt notice of a claim. A delay in notice limits the indemnifying party’s obligation only to the extent the delay materially harms the defense. The indemnifying party will control the defense. The indemnified party may participate with its own counsel at its own expense. The indemnifying party will not settle a claim that imposes an obligation on the indemnified party, or that includes an admission by the indemnified party, without that party’s prior written consent. Each party will reasonably cooperate in the defense.

16. Changes to the service or these Terms

CostumeHQ may improve, modify, add, or discontinue features. CostumeHQ will post a material change to these Terms in the product, or email it to the account address, before the change takes effect. Continued use after the effective date is acceptance of an operational change where the law permits that result.

A change to the limitation of liability, the indemnity, the venue, or the deletion period is not accepted by continued use. For that change, CostumeHQ will require a new acceptance check, or will give the studio a right to cancel that expires before the change applies. If the studio does not agree to a material change, it may cancel before the effective date.

17. Suspension and end of access

CostumeHQ may suspend or end access for nonpayment, a security risk, or a material breach that is not cured within 15 days after notice, or immediately if the breach cannot be cured. Provisions that by their nature should survive, including data responsibility, disclaimers, limitations of liability, indemnification, fees, and governing law, survive the end of access.

18. Governing law and venue

These Terms are governed by the laws of the State of Michigan, without regard to conflict-of-law principles. The state courts located in Kent County, Michigan, and the United States District Court for the Western District of Michigan, Southern Division, are the exclusive venue for a dispute arising out of these Terms. Each party consents to personal jurisdiction in those courts.

19. General

If a court holds a provision of these Terms unenforceable, the remaining provisions stay in effect. These Terms, the Privacy Policy, and the checkout page that incorporates them are the entire agreement about the service and supersede prior discussions about that subject. CostumeHQ may assign these Terms to a successor of the business. The studio may not assign these Terms without CostumeHQ’s prior consent. A failure to enforce a provision is not a waiver. Neither party is liable for a delay caused by an event outside its reasonable control, except the studio’s obligation to pay amounts already due.

Fees are exclusive of taxes. The studio is responsible for sales, use, and similar taxes imposed on the subscription, other than taxes on CostumeHQ’s net income. A browser-only subscription does not, by itself, admit that Michigan sales tax is due.

The prevailing party in an action to enforce these Terms, or to collect unpaid subscription charges, may recover its reasonable attorneys’ fees and costs from the other party.

Notices to CostumeHQ must be sent to CostumeHQ LLC at help@costumehq.dance or to the support email published in the studio account. Notices to the studio may be sent to the account email. Email to those addresses, and email to the account address, are effective notice when sent. Formal service of process may be made on CostumeHQ’s registered agent.

20. Electronic acceptance

The acceptance box is unchecked until the user checks it. By checking the acceptance box and creating an account, the user confirms authority to bind the studio and agrees to these Terms and the Privacy Policy. CostumeHQ will store the terms version, the date and time of acceptance, the user, the studio, and the acceptance method. That stored record is the parties’ electronic signature on these Terms.

The account-creation checkbox reads:

“I have read and agree to the CostumeHQ Terms & Conditions and Privacy Policy. I am authorized to bind this studio. I understand that CostumeHQ provides sizing recommendations as a decision-support tool and does not guarantee costume fit. My studio is responsible for accurate measurements, review of the recommendation, and the final size selected and ordered.”

The sizing recommendation screen displays:

“CostumeHQ recommendations are based on the measurements entered and applicable manufacturer-published sizing information. Fit may vary by style, fabric, construction, dancer growth, and measurement accuracy. Please review the recommendation before approving a final size. The studio remains responsible for the size selected and ordered.”

Approval of a size requires this confirmation:

“By approving this size, I confirm that I have reviewed the dancer’s measurements and CostumeHQ’s recommendation and accept responsibility for the final sizing decision.”