Q: Hi. studio purchased our online training as an artist and used a student coupon. have we a case against them?
We sell an online a training program for a 3D software. Artists get it cheaper than studios. We offer a coupon for students and needy artists. A studio purchased with the artist license and took advantage of the student coupon as well. It is a VR game studio hiring many new employees at the moment and likely venture backed, albeit claim they are a startup and not yet profitable. The studio is USA, CA based. We have clear legal terms of use and service and they must accept in checkout page as well. Should we refund purchase and forget about it or have we a case? what can we sue them for?
A: It depends on what your terms of use and service are. Do the terms say what the consequence to them is if they breach the terms? As far what you can sue them for, you can sue them for breach of contract, fraud, and possibly conversion. But the real question is what is it you hope to achieve with the lawsuit? If you monetary damages are what you seek, you need to determine what their breach has cost you.
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