Terms of Service

Introduction

These Terms of Service (the Terms) are a contract between you and BoothIQ (we, us) and govern your use of our cloud dashboard, mobile apps, desktop booth software, and any related services (together, the Service). Please read them. Your handling of personal data is described in our Privacy Policy, which is part of these Terms.

1. Accepting These Terms

You accept these Terms by creating a BoothIQ account, by using the Service, or by continuing to use the Service after we notify you of a change. If you are accepting on behalf of a business, you confirm you have the authority to bind that business, and you in these Terms means that business and the individuals who use the Service for it.

2. Who Can Use BoothIQ

You must be at least 18 years old and legally able to enter contracts where you live. BoothIQ is designed for businesses that operate photo booths, and we may decline to provide the Service to anyone, for any reason, where permitted by law.

3. Your Account

Keep your credentials secure. You are responsible for everything that happens under your account.
One person per account. Don't share accounts.
Give us accurate sign-up information and keep it current.
If you think your account has been compromised, contact support@boothiq.com right away.

4. The Service

BoothIQ provides operator software in three forms: a cloud dashboard, iOS and Android apps, and a desktop application that runs on each booth. We may add, change, or remove features over time. We will give you reasonable notice of changes that materially reduce the Service.

BoothIQ also sells photo booth hardware, printers, media, and parts through the BoothIQ store. Purchases of physical goods are additionally governed by the store's shipping, returns, and warranty policy, published at /store/shipping-and-returns.

5. Billing

BoothIQ uses a per-booth subscription model. Each booth you operate has its own active plan.

Plans are billed monthly or annually in advance through Stripe.
Subscriptions renew automatically until you cancel them.
You can cancel from your dashboard at any time. Cancellation takes effect at the end of the current billing cycle. We don't prorate partial periods unless required by law.
Fees are non-refundable for periods you have already paid for, unless required by law.
If we change subscription prices, we will give you at least [30 days] notice before the change applies to your account.
If your payment fails, we may suspend the affected booth until payment is updated.

6. Code of Conduct

While using the Service:

Don't do anything illegal, or use the Service to host or transmit illegal content.
Don't try to gain unauthorized access to other accounts, systems, or networks.
Don't interfere with the operation of the Service, overload it, or probe it for vulnerabilities without our written permission.
Don't reverse engineer, decompile, or disassemble the Service, except where this restriction is prohibited by law.
Don't resell, rent, or sublicense access to the Service without our written permission.
Don't use the Service to send spam, deceptive content, or malware.
Don't use the Service to exploit, harm, or threaten to harm minors.

If you break these rules, we may remove offending content, suspend or terminate your account, or refuse Service to you.

7. Your Content

You retain ownership of all content you upload to the Service, including logos and branding (Your Content). You grant BoothIQ a worldwide, non-exclusive, royalty-free license to host, store, transmit, display, and process Your Content solely to operate the Service for you. This license ends when Your Content is removed from the Service, except where we are required to retain it for legal reasons.

You represent and warrant that you have all rights necessary to upload Your Content and that it doesn't infringe the rights of any third party.

8. Our IP

The Service, including the software, design, logos, and other materials, is owned by BoothIQ and protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms. No other rights are granted by implication, estoppel, or otherwise.

9. Third Party Services

The Service relies on third-party providers, including Stripe for payments and DigitalOcean for hosting. Your use of those providers is also subject to their terms. We aren't responsible for third-party services we don't control. If a third-party service stops working, we will work to restore the affected parts of the Service or provide a workaround.

10. Privacy

Your handling of personal data is described in our Privacy Policy, which is incorporated into these Terms by reference.

11. Warranty Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOOTHIQ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BOOTHIQ DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERRORS OR THAT ANY DEFECTS WILL BE CORRECTED.

Some jurisdictions don't allow the exclusion of implied warranties. In those jurisdictions, the exclusions above apply only to the extent permitted.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOOTHIQ'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE IS LIMITED TO THE FEES YOU PAID FOR THE AFFECTED SERVICE IN THE [12 MONTHS] BEFORE THE CLAIM AROSE. BOOTHIQ IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, LOST REVENUES, LOSS OF DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions don't allow the exclusion or limitation of certain damages. In those jurisdictions, our liability is limited to the smallest extent permitted by law.

13. Indemnification

You agree to defend, indemnify, and hold harmless BoothIQ and its affiliates, officers, employees, and agents from any claim or demand (including reasonable legal fees) arising out of your use of the Service, your violation of these Terms, or Your Content.

14. Termination

You can cancel your account from the dashboard at any time.
We may suspend or terminate your access to the Service for material breach of these Terms, non-payment, suspected fraud, or when required by law.
After termination you will have [30 days] to export Your Content. After that, Your Content may be deleted in accordance with the retention schedule in our Privacy Policy.
Sections that by their nature should survive termination will survive, including ownership, disclaimers, limitation of liability, indemnification, and governing law.

15. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will give you at least [30 days] notice by email or in-app banner before the changes take effect. Your continued use of the Service after the effective date is your acceptance of the updated Terms. If you don't agree to the updated Terms, you can cancel your account before they take effect.

16. Governing Law

These Terms are governed by the laws of [Governing Law Jurisdiction], without regard to its conflict-of-laws principles. Before bringing any formal action, you agree to first contact us at legal@boothiq.com and attempt to resolve the dispute informally for at least 30 days.

17. Hardware Purchases

Sections 17 through 19 apply to physical goods ordered from the BoothIQ store (photo booths, printers, media, and parts). They sit alongside the plain-language policy at /store/shipping-and-returns; if the two conflict, these Terms control.

Pricing and lead times. Prices are shown at checkout, and delivery charges are too when your address can be rated automatically; otherwise we email a freight quote for your approval before anything is charged. Lead times and transit times are estimates, not guarantees: some components are sourced overseas, so restock and transit windows can move.
Title and risk of loss. Title to and risk of loss for hardware pass to you on delivery. Loss or damage in transit before delivery is ours to resolve with the carrier, subject to your inspection and reporting duties in section 18.
Custom and modified units. Hardware built or altered to your specification cannot be returned or exchanged.

18. Delivery, Inspection, and Freight Damage

Receiving freight. Booths ship on a pallet by freight carrier. Someone must be present during the scheduled delivery window to receive and sign for the shipment.
Delivery declarations. The residential and liftgate selections you make at checkout determine the freight service booked. If the carrier must add services on site (for example, a liftgate at an address declared as having a loading dock), the carrier's fee for that change is passed to you.
Inspect before signing. Inspect the shipment before signing the delivery receipt. Note any damage or crate deformation on the receipt, photograph the crate before opening it, and report the damage to us within 2 business days of delivery with those photos. Visibly damaged freight may be refused, or accepted with the damage noted on the receipt.
Concealed damage. Damage discovered after unpacking must be reported to us within 5 business days of delivery, with photos of the packaging and the unit.
Clean signatures. Carriers treat a delivery receipt signed without notes as proof the shipment arrived in good condition. Signing clean for a damaged shipment can make a freight claim impossible, and we cannot compensate for damage that a clean signature prevented us from claiming.

19. Returns and Cancellations

Returns require prior authorization: contact us to start one before shipping anything back. Unauthorized returns may be refused. The return window is 30 days from delivery.

Photo booths: a 20% restocking fee applies. The unit must be complete and undamaged, in its original crate or equivalent packaging.
Parts and accessories: a 20% restocking fee applies; unopened in original packaging only.
Printers: must include all original items; a 15% restocking fee applies to opened printers.
Media and other consumables: returnable only unopened within the 30-day window. Opened consumables are not accepted.
Return shipping is paid by you, the customer, unless the item arrived damaged or we shipped the wrong item.
Refunds are issued to the original payment method after the return is received and inspected.
Cancellations: an order canceled before it ships is canceled free of charge. Once an order has shipped, the return terms above, including restocking fees and return shipping, apply.

20. Booth Software and Subscriptions

Buying a booth and subscribing to the Service are separate agreements. The hardware purchase is governed by sections 17 through 19; the software subscription is governed by section 5 (Billing) and the rest of these Terms.

Each booth's software is licensed through its per-booth subscription and activated when you pair the booth to your account.
Returning a booth does not cancel its subscription, and canceling a subscription does not entitle you to return the booth. Cancel the subscription separately from your dashboard.
If a booth's subscription lapses or its payment fails, we may suspend that booth's software license and cloud features until payment resumes, as described in section 5. Content already stored on the booth remains on the booth.

21. General

These Terms, together with the Privacy Policy and any agreements you accept in the Service, are the entire agreement between you and BoothIQ on this subject.
If any provision is found unenforceable, the rest remains in effect.
Our failure to enforce a right is not a waiver of that right.
You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
Notices to us should be sent to legal@boothiq.com.

22. Contact Us

Questions about these Terms? Reach us at legal@boothiq.com.

BoothIQ LLC