1) Who You Are Under These Terms

• Visitor: Browsing our Sites.
• End User: A person who uses the Photo Features at an event (e.g., takes a photo at a booth).
• Operator: Our customer (e.g., business, brand, venue, agency, or private individual such as a bride purchasing wedding rental services) that configures and deploys the Photo Features at events. Operators access the Services via an Operator account.

Important role clarification (privacy law): For End-User data captured at events that an Operator configures, the Operator is the “controller” (decides why/how personal data is processed) and Movebooth is the “processor.” For Movebooth’s own operations (billing, account management, service security, product analytics, Sites), Movebooth is the “controller.” The Operator–Movebooth relationship is further governed by a Data Processing Addendum (DPA) incorporated into the Operator’s Master Service Agreement (MSA).

2) Eligibility & Accounts

You must be at least 18 to create an Operator account. End Users must be at least 13 to independently consent to use the Photo Features. Minors using the Photo Features with an accompanying adult (e.g., parent, guardian, or other responsible adult) are covered under that adult's consent by use of the Services. For unaccompanied minors, the Operator must secure verifiable parental or guardian consent prior to use.

You agree that: (a) the information you provide is accurate and complete; (b) you are responsible for maintaining confidentiality of your credentials; and (c) you will notify us promptly of any unauthorized use of your account.

We may refuse service, close accounts, or change eligibility requirements where permitted by law.

3) License and Acceptable Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purposes.

You will not (nor permit anyone to):

• impersonate another person or entity;
• use the Services for any unlawful purpose or in violation of venue policies;
• copy, modify, host, stream, sublicense, or distribute the Services except as expressly allowed;
• circumvent, probe, or disable any security or technical controls;
• reverse engineer, decompile, or attempt to derive source code (except where prohibited restrictions are unenforceable by law);
• use bots or automated means to access the Applications or Sites;
• upload content that is illegal; infringes intellectual property, privacy, or publicity rights; is harassing, threatening, defamatory, obscene, pornographic, or otherwise offensive; or contains malicious code;
• collect or disclose sensitive information (e.g., SSNs, precise geo-coordinates, health data) through the Photo Features unless expressly allowed by the MSA/DPA and applicable law.

We may use any lawful means—including IP filtering and contacting ISPs—to prevent unauthorized use. We may suspend or terminate access for violations.

4) Content and Permissions

4.1 End-User License to Provide the Service

When you capture or upload photos, GIFs, videos, text, or related content through the Services ("User Content"), you grant Movebooth and the relevant Operator a non-exclusive, worldwide, revocable license to host, process, transmit, and display your User Content to: (i) provide the event experience you choose (capture, gallery, links sent to you, social sharing you request), (ii) maintain the security and integrity of the Services, (iii) maintain and improve the Services (e.g., diagnostics, quality, abuse prevention), (iv) use in advertising, case studies, and marketing materials, and (v) market to you directly via email or SMS in accordance with applicable law.

4.2 Operator Responsibilities and Indemnity

By using the Photo Features, End Users accept these Terms and our Privacy Policy, which govern the capture, processing, displaying, and sharing of User Content, including for public galleries and marketing use. End Users consent to the use of their User Content and the likeness of any individuals appearing in such content (including minors accompanying the End User). No separate permissions, releases, or parental consents are required beyond End Users' acceptance of and compliance with these Terms through their use of the Services.

Operators will defend, indemnify, and hold harmless Movebooth and its affiliates from claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of: (a) Operator's configuration or use of the Services in violation of law or third-party rights, or (b) Operator-provided instructions or content.

4.3 Public Galleries & Sharing

Operators control whether galleries are public. By using the Photo Features, End Users consent to their User Content appearing in public galleries if the Operator has configured the event for public display. End Users may receive links to view or share their content. You are solely responsible for sharing your link in compliance with law.

4.4 DMCA Policy

We respect copyright. If you believe content on the Services infringes your copyright, send a notice to our DMCA Agent with: (1) description of the work; (2) URL or location on the Services; (3) your contact information; (4) statement of good-faith belief; (5) statement under penalty of perjury of accuracy and authority; (6) your physical or electronic signature. We also honor counter-notices as provided by 17 U.S.C. §512(g) and may terminate repeat infringers.

4.5 Biometric Information

Movebooth does not collect or store biometric identifiers or templates to identify specific individuals. We may use general face scanning techniques solely to count impressions and generate engagement analytics, not to identify individuals. If in the future an Operator enables a feature that uses biometric identifiers (e.g., face recognition templates) in a jurisdiction requiring specific notice/consent, that feature will be subject to a separate Biometric Notice and Consent and a posted Biometric Retention Policy.

5) SMS/Email Delivery of Content; Marketing Messages

At your request, we can send your gallery link and content (including GIFs, stills, videos, and other attachments) via SMS or email. By entering your contact information and using the Services, you consent to receive messages containing your content and links. Message and data rates may apply. We may also send marketing SMS and emails in accordance with applicable law. Marketing messages include unsubscribe controls.

6) Software; Updates; Third-Party Services

The Applications may update automatically. Third-party services (e.g., cloud hosting, payment processors, analytics) are subject to their own terms. We are not responsible for third-party services we do not control.

7) Payment; Operators Only

Fees and payment terms for Operators are set forth in the Operator’s MSA and order forms. We may use third-party payment processors to process transactions on our behalf.

8) Security

We implement reasonable and appropriate technical and organizational measures, including encryption in transit and at rest for photos and contact data, access controls, audit logging, least-privilege, vulnerability management, and vendor diligence. No system is 100% secure.

If we determine that a data breach has occurred, we will notify affected parties and, where required, regulators without unreasonable delay and consistent with applicable laws.

9) Term; Suspension; Termination

We may suspend or terminate access to the Services at any time for violation of these Terms, risk to the Services or users, or as required by law. Upon termination, your right to use the Services ends, but Sections 4, 8, 10–15 survive.

10) Disclaimers

THE SERVICES AND ANY CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR QUIET ENJOYMENT. WE DO NOT WARRANT UNINTERRUPTED, SECURE, OR ERROR-FREE OPERATION.

11) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; AND (B) AGGREGATE LIABILITY OF MOVeBOOTH AND ITS AFFILIATES ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED: (i) FOR OPERATORS—THE AMOUNTS PAID OR PAYABLE BY OPERATOR TO MOVEBOOTH FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY; (ii) FOR VISITORS/END USERS—US $100.

These limits do not apply to: (1) your payment obligations; (2) a party’s willful misconduct or fraud; or (3) your indemnity obligations under Section 4.2.

12) Dispute Resolution; Arbitration; Class Waiver; Opt-Out

• Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (for End Users) or Commercial Arbitration Rules (for Operators). The Federal Arbitration Act (FAA) governs interpretation and enforcement. The seat of arbitration is Pinellas County, Florida. One arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.
• Class/Representative Action Waiver. Disputes are resolved only on an individual basis. No class, consolidated, or representative actions or arbitrations.
• 30-Day Opt-Out. You can opt out of arbitration/class waiver by sending written notice to legal@movebooth.com within 30 days after you first accept these Terms. Your notice must include your name, contact information, and a clear statement that you opt out of arbitration.
• Small-Claims Carve-Out. Either party may bring an individual action in small-claims court in Pinellas County, Florida.

13) Export; Sanctions

You must comply with U.S. export and sanctions laws and not use or export the Services in violation of such laws.

14) Changes to the Services or Terms

We may modify the Services and these Terms. If we make material changes, we will provide notice (e.g., by posting to the Sites or in-product) and update the “Effective” date. Changes take effect when posted unless otherwise stated.

15) Miscellaneous & Company Information

These Terms (plus any applicable MSA/DPA for Operators) are the entire agreement between you and Movebooth. They are governed by the laws of the State of Florida (without regard to conflicts of law), except that the FAA governs Section 12. If any provision is unenforceable, it will be limited to the minimum extent necessary and the remainder will remain in effect. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, corporate reorganization, or sale of assets. No waiver is effective unless in writing.

16) Operator Master Service Agreement (MSA) — Incorporated Terms

The following terms apply to Operators (Clients) purchasing Movebooth products or services and are incorporated by reference into the Operator’s order form/Activation Contract. In the event of conflict between this Section 16 and an individually signed MSA, the signed MSA controls; otherwise this Section governs alongside these Terms and the Privacy Policy.

16.1 Services, Access & Support

• We will use commercially reasonable efforts to provide the Services in accordance with the applicable Service Plan (see Exhibit A below) and any Activation Contract.
• Operators will designate administrator credentials for the Web Application (admin portal). Maintain confidentiality of credentials and limit access to authorized personnel.
• We provide technical support per our standard practices; scheduled maintenance or emergency maintenance may occur.

16.2 Licenses

• Software/Application License. During the Active Service Term, we grant Operator a non-exclusive, non-transferable, non-sublicensable license to use the Software and Web Application solely to access the Services, subject to these Terms and the applicable Activation Contract. If a Hardware Rental is provided, the license is limited to the rented devices; otherwise, it is limited to Operator devices approved by Movebooth.
• Channel License. During the Active Service Term and for three (3) months thereafter (extendable at our discretion), Operator may access event Channels hosted by Movebooth. After that period, content may be permanently deleted consistent with Privacy Policy Section 5 (Retention). End-User data may be deleted at the end of the relevant license.
• Government Use. The Software and documentation are “commercial computer software” and “commercial computer software documentation” as defined in FAR 2.101 and DFARS 252.227-7014(a)(1) & (5), and use by the U.S. Government is governed solely by these Terms.

16.3 Restrictions & Responsibilities

Operator will not (and will not permit others to) reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, or create derivative works, except to the limited extent such restriction is prohibited by law; remove proprietary notices; use the Services for timesharing/service-bureau purposes; or export in violation of U.S. law (see Section 13). Operator represents and warrants use will comply with applicable laws and our published policies. We may monitor use and may prohibit uses we reasonably believe are unlawful or violate these Terms.

16.4 Hardware Rental

• If the Activation Contract includes a Hardware Rental, we will ship to Operator’s designated address by the listed delivery date when commercially reasonable. If Hardware arrives late but before the end of the Active Service Term, we provide a prorated refund for the late days. If it arrives after the end of the Active Service Term, we refund the entire Fee for that Activation Contract minus round-trip ground shipping.
• Operator is responsible for the care, custody, and return of rented equipment using our provided return method by the specified return date. We may charge for missing/damaged equipment and may extend the Active Service Term (and associated fees) for late returns.
• Operator must provide suitable venue power (U.S. outlets) and high-speed internet.

16.5 Confidentiality; Proprietary Rights

• Confidentiality. Each party (as Receiving Party) will: (i) take reasonable precautions to protect Proprietary Information of the other (Disclosing Party), and (ii) not use or disclose it except to perform under these Terms. Exceptions apply for information that is public, previously known, rightfully disclosed by a third party, independently developed without use of the other’s information, or required by law (with notice where lawful). Confidentiality obligations persist for five (5) years from disclosure (trade secrets for so long as they remain trade secrets).
• Ownership. Operator retains ownership of Client Data (non-public data provided by Operator to enable the Services). End Users retain ownership of their Photos/User Content and license them under Section 4. Movebooth retains all rights in the Services and Software, including improvements and derivatives. We may collect and use aggregated and de-identified data to improve the Services and publish trends, provided we do not disclose Operator as the source.

16.6 Fees & Payment

• Operator will pay the fees in the applicable Activation Contract (the “Fees”). If timing is not specified or for Personal Use Clients, 100% of Fees are due when Hardware ships; we may hold shipment until payment clears. Unpaid amounts may accrue 1.5%/month (or the lawful maximum) and collection costs. Operator is responsible for taxes other than those on our net income.
• Subscriptions. If an Activation Contract specifies recurring charges (e.g., Photographer Client plan), Operator authorizes recurring charges to its payment method during each subscription interval.
• Service Failure Credit. If we materially fail to provide the Services and do not cure within 7 days after written notice, we will refund Fees for the affected Activation Contract minus round-trip shipping where applicable.

16.7 Term & Termination

This Section 16 applies from the Effective Date (first purchase) until terminated by either party on 30 days’ notice (active Activation Contracts terminate concurrently; Hardware must be returned). We may terminate immediately for uncured breach. Upon termination, provisions that by nature should survive (payment, confidentiality, IP, disclaimers, limitations, indemnities, dispute resolution) will survive.

16.8 Indemnities

Operator → Movebooth. In addition to Section 4.2, Operator will indemnify Movebooth from third-party claims arising out of: (i) Operator's configuration or use of the Services in violation of law or third-party rights (including rights of publicity/likeness), or (ii) Operator's breach of these Terms or an Activation Contract.

16.9 Warranties; Disclaimer

We will use reasonable efforts consistent with industry standards to maintain the Services to minimize errors and interruptions. The Services may be unavailable during scheduled or emergency maintenance. THE SERVICES ARE OTHERWISE PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES NOT EXPRESSLY STATED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE.

16.10 Limitation of Liability

Subject to Section 11, and except for bodily injury caused by our negligence or willful misconduct, Movebooth’s aggregate liability relating to the Services under this Section 16 will not exceed the Fees paid by Operator in the twelve (12) months preceding the event giving rise to liability. Neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, loss of profits, goodwill, data, or business interruption, even if advised of the possibility.

16.11 Promotion & Attribution

• Operator Attribution. We may identify Operator as a customer (name and logo) in customer lists, pitches, and on our Sites for attribution and marketing purposes.
• Individuals' Likeness. We may use any individual's name, likeness, image, voice, or personal testimonial for advertising and promotions in accordance with Section 4 and applicable law.

16.12 Notices; Dispute Resolution

Notices under Section 16 must be in writing and are deemed given when received (or as otherwise provided by law). Arbitration and venue are as stated in Section 12 (FAA; AAA; Pinellas County, Florida), with the prevailing party entitled to reasonable attorneys’ fees where permitted by law.

Exhibit A — Service Plan Terms

Movebooth offers various service plans and configurations to Operators, which may include:

• Access to the Web Application with admin tools to view, download, and manage End-User submissions consistent with the DPA and these Terms;
• Ability to customize Channels hosted by Movebooth at designated URLs;
• Delivery of content (photos, GIFs, videos, and other attachments) and links to End Users via SMS, email, or other channels;
• Marketing capabilities in accordance with Section 4.1 and Section 5;
• Varying levels of customization, data access, and admin capabilities depending on the specific service plan purchased.

Specific features and access levels are determined by the applicable Activation Contract and service plan selected by the Operator.

1) Roles Under Privacy Law

• Event Data (photos, contact details, selections) captured at an event configured by an Operator: the Operator is the “controller,” and Movebooth is the “processor.” The Operator determines purposes and means (e.g., whether a gallery is public, whether to send marketing). Processing is governed by the Operator–Movebooth DPA.
• Movebooth Operations Data (account/billing, product analytics, security, Sites): Movebooth is the “controller.”

If required by law, international transfers are supported by appropriate safeguards (e.g., EU Standard Contractual Clauses (EU 2021/914) and the UK IDTA/Addendum). Our principal processing location is the United States.

2) Information We Collect

2.1 You provide

• Event captures and inputs (photos, GIFs, videos, text), sharing destinations, contact details (email, mobile number), and preferences.
• Operator registration details (name, business info, email, phone, billing/contact, role).
• Communications you send to us (support requests, surveys).

2.2 Automatically collected

• Device and usage data (IP address, device type, OS, app version, browser/user-agent, referral URLs, event logs, crash/diagnostic data, and limited analytics data).

2.3 From third parties

• Payment processors (limited transaction metadata); service providers (fraud prevention, security signals); optional social platforms you choose for sharing.

No sale of biometric identifiers. We do not collect or store biometric identifiers or face templates. If such features are introduced, we will provide a separate Biometric Notice and Consent and retention schedule.

3) How We Use Information

• provide, operate, secure, and troubleshoot the Services;
• deliver your requested features (capture, galleries, links to your device, and optional sharing);
• communicate with you (transactional messages, service notices; marketing only with consent where required);
• analyze and improve the Services (quality, performance, safety);
• comply with law and enforce our terms.

Operator Marketing. Operators may use contact details collected at their events for marketing according to their own privacy notices and legal obligations. Operators are solely responsible for their marketing and for honoring applicable rights requests directed to them as controller.

4) Sharing of Information

• Operators (for End-User captures at their events);
• Service providers (cloud hosting, storage/CDN, SMS/email delivery, analytics, payments) under contracts restricting their use of data;
• Law enforcement or regulators where required;
• Successors/assigns in a merger, acquisition, or corporate transaction.

We do not sell personal information. We do not share personal information for cross-context behavioral advertising unless you explicitly consent via cookie/banner choices; where applicable, we honor opt-out rights.

5) Retention

We retain event photos and associated contact information for as long as necessary to provide the Services, fulfill the purposes described in this Privacy Policy, and comply with our legal obligations. Operators may configure retention periods through Admin tools where available.

6) Your Choices & Rights

6.1 End Users

• Access/Deletion. Request access to or deletion of your photos and related contact info via links provided with your event gallery or by emailing privacy@movebooth.com with sufficient detail to locate your data (event, date, location, phone/email used).
• Opt-outs. For any marketing messages, use the unsubscribe link or reply STOP (SMS) as available.

6.2 Operators

Use account settings or contact us to exercise access, correction, or deletion for your account data. For End-User data, Operators must use the Admin tools or contact Movebooth support consistent with the DPA.

6.3 EU/UK and other regional rights

Where applicable, you may have rights to access, correct, delete, restrict or object to processing, and data portability. You may withdraw consent at any time (this does not affect processing prior to withdrawal). You may lodge a complaint with a supervisory authority.

7) Cookies, Analytics, and Ads

We use essential cookies and similar technologies for authentication, security, and core functionality. With consent where required (e.g., in the EU/EEA), we use analytics/advertising cookies. You can manage choices via our cookie banner or browser settings.

• We honor Global Privacy Control (GPC) signals where required and offer “Do Not Sell or Share My Personal Information” and “Limit the Use of My Sensitive Personal Information” links for California users at /privacy/choices.
• Opting out of non-essential cookies may affect functionality.

8) Children

We do not knowingly collect personal information online from children under 13 without verifiable parental consent. End Users ages 13 and older may independently consent to use the Photo Features. Minors using the Photo Features with an accompanying adult (e.g., parent, guardian, or other responsible adult) are covered under that adult's consent by use of the Services. For unaccompanied minors, the Operator must secure verifiable parental or guardian consent prior to use. If we learn we collected information from a child without required consent, we will delete it.

9) Security

We employ reasonable and appropriate safeguards (encryption in transit and at rest for photos and contact data; access controls; logging; vulnerability management). No security program can guarantee absolute security. If we determine a breach occurred, we will provide notices required by law.

10) International Transfers

We primarily process data in the United States and may transfer data internationally consistent with applicable law and approved transfer mechanisms (e.g., EU SCCs and UK addendum). Our subprocessors are listed in our DPA and may be updated from time to time with notice to Operators.

11) Changes to this Policy

We may update this Policy. Material changes will be notified (e.g., banner or in-product notice) and the “Effective” date will be updated. Continued use indicates acceptance.

12) Contact Us