1. Agreement

These Terms are a contract between The Posh Booth ("Posh Booth," "we," "us") and the business that signs up for Posh Booth ("you"). By creating an account or using the service, you agree to these Terms and to our Privacy Policy. If you sign up for a company, you confirm that you have the authority to bind it. You must be at least 18 years old.

2. The service

Posh Booth is a browser-based photo booth. You get a QR code and link that guests open to take three photos, choose color or black and white, and receive a photo strip by email. You can add your logo and business name, and you receive the email addresses guests choose to enter, along with usage statistics. We may improve, change, or remove features, and we will tell you in advance about changes that materially reduce what your plan includes.

3. Your account

You are responsible for the accuracy of your account information, for keeping your password secure, and for all activity under your account. Tell us promptly if you suspect unauthorized use.

4. Plans, fees, and billing

  • Plans. Each plan's price, number of QR codes or locations, monthly capture limit, and features are those shown on our pricing page and sign-up screen when you start your trial.

  • Billing. Plans renew automatically each month (or each year, for annual plans) until you cancel. You authorize us and our payment provider to charge your payment method on each renewal.

  • Free trial. New accounts get a free trial of 7 days. A payment method is required to start the trial, and we will not charge you during it. If you do not cancel before the trial ends, your paid plan begins and your payment method is charged the plan price shown at signup. We will email you 2 days before the trial ends.

  • Usage limits. A capture is one completed session in which a guest takes three photos. If you reach your plan's monthly limit, we may pause new captures or ask you to upgrade. We will notify you before that happens.

  • Price changes. We will give you at least 30 days' notice before changing the price of your plan. The change takes effect at your next renewal after that notice.

  • Taxes. Fees do not include taxes, which you are responsible for where applicable.

  • Refunds. Fees are non-refundable except where the law requires, but we will refund any charge made in error.

  • Cancellation. You can cancel at any time in your account. Cancellation takes effect at the end of your current billing period, and you keep access until then.

5. Your content

You keep ownership of your logo, name, and other materials ("Your Content"). You give us a limited license to host, display, and process Your Content only to provide the service to you. You promise that you own or have the right to use Your Content and that it does not infringe anyone's rights or break the law.

6. Guest data and your responsibilities

You decide to offer the booth to your customers and to collect their email addresses. That makes you responsible for how you use the guest information you receive. You agree to:

  • Keep the opt-in notice in place. Do not remove, hide, or change the notice that tells guests that entering their email means the business may email them offers and news.

  • Follow the law. Comply with all laws that apply to your marketing, including the CAN-SPAM Act and applicable state privacy and marketing laws.

  • Honor unsubscribes. Include a working unsubscribe link and your physical mailing address in every marketing email, and stop emailing anyone who unsubscribes within 10 business days.

  • Use emails only as disclosed. Use guest email addresses only to send the marketing the notice describes. Do not sell, rent, or share the list with third parties.

  • Not text or call guests. The booth collects email addresses only. Do not use the information to send text messages or make calls.

  • Not use guest photos in your advertising unless you get the guest's separate, written permission.

  • Not use the booth with children under 13, and not use email capture with them.

  • Not combine or enhance the data to identify guests, and not use the photos for facial recognition or biometric purposes.

  • Respond to guest requests, such as access or deletion, and tell us if a guest asks us directly.

7. How we handle guest data

We process guest information on your behalf to provide the service, and only for that purpose. We protect it with reasonable security measures, make it available to you in your account, and do not keep copies of guests' photo strips, as described in our Privacy Policy. If you ask us to delete a guest's information, we will do so unless the law requires us to keep it. After your account ends, you can export your email list for 30 days, and then we will delete it.

8. Acceptable use

You may not use Posh Booth to:

  • Break any law or infringe anyone's rights.

  • Send spam or deceptive, harassing, or unlawful messages.

  • Upload content that is illegal, hateful, sexually explicit, or harmful.

  • Capture anyone who has not agreed to be photographed, or otherwise misuse the camera.

  • Reverse engineer, copy, resell, or interfere with the service, or probe or bypass its security.

  • Use the service in a way that could harm us, other customers, or guests.

We may suspend or remove content or accounts that break these rules.

9. Our property

Posh Booth, including its software, design, and trademarks, belongs to us. You get a limited, non-exclusive, non-transferable right to use the service during your subscription. If you give us feedback, we may use it without owing you anything. Plans that include our "Powered by Posh Booth" mark must keep it displayed.

10. Third-party services

The service relies on third parties such as cloud hosting, email delivery, and payment providers. We are not responsible for their failures, but we will work to resolve issues that affect you.

11. Availability and support

We work to keep Posh Booth running but do not promise uninterrupted or error-free service. We provide support by email at theposhbooth@gmail.com during normal business hours (Pacific time).

12. Disclaimer

The service is provided "as is" and "as available." To the fullest extent the law allows, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee any particular number of photos, emails collected, or marketing results.

13. Limitation of liability

To the fullest extent the law allows, we are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill. Our total liability for any claim relating to the service is limited to the fees you paid us in the 12 months before the claim arose. Some places do not allow these limits, so they may not fully apply to you.

14. Indemnification

You agree to defend and reimburse us for claims, losses, and expenses (including reasonable legal fees) arising from your content, your marketing and use of guest information, your breach of these Terms, or your violation of law.

15. Term and termination

These Terms apply while you use the service. You may cancel at any time as described in Section 4. We may suspend or end your account if you materially breach these Terms and do not fix it within 10 days of notice, or immediately for serious or repeated violations, for legal reasons, or for non-payment. When your account ends, your right to use the service stops and Sections 5 to 7 and 9 to 17 continue to apply as they logically should.

16. Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. Before filing a claim, each side agrees to try to resolve the dispute informally by contacting the other and allowing 30 days.

17. General

  • Changes. We may update these Terms. We will give you at least 30 days' notice of material changes by email, and by continuing to use the service after that, you accept them.

  • Entire agreement. These Terms and the Privacy Policy are the full agreement between us.

  • Assignment. You may not transfer your account without our written consent. We may assign these Terms in a merger or sale.

  • Severability. If any part is found unenforceable, the rest stays in effect.

  • No waiver. Not enforcing a right is not giving it up.

  • Notices. We may send notices to the email on your account. Send notices to us at theposhbooth@gmail.com.

Contact

The Posh Booth 3321 McHenry Avenue, Suite A1, Modesto, CA theposhbooth@gmail.com