Terms of Service

These Terms of Service (the “Terms”) are a legally binding agreement between Movebooth, LLC (“Movebooth,” “we,” “us,” or “our”) and any person or entity that accesses or uses our websites (including movebooth.com and mvbth.com) (the “Sites”), mobile and tablet applications (the “Applications”), photography-related features and services (the “Photo Features”), and any other related software, services, features, functions, websites, and networks we make available (collectively, the “Services”).

By using the Services, you agree to these Terms and to our Privacy Policy. If you use the Services on behalf of a company or organization, you represent that you have authority to bind that entity to these Terms.

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, (ii) maintain the security and integrity of the Services, (iii) maintain and improve the Services, (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. 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.

DMCA Agent
Email: dmca@movebooth.com
Address: Movebooth, LLC, 7901 4th St N, STE 8225, St Petersburg, FL 33702

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.

5) SMS/Email Delivery of Content; Marketing Messages

At your request, we can send your gallery link and content 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 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.

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.

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

Arbitration. Any dispute will be resolved by binding arbitration administered by the American Arbitration Association (AAA). The Federal Arbitration Act (FAA) governs. The seat of arbitration is Pinellas County, Florida.
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 by sending written notice to legal@movebooth.com within 30 days after you first accept these Terms.
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.

14) Changes to the Services or Terms

We may modify the Services and these Terms. If we make material changes, we will provide notice and update the “Effective” date.

15) Miscellaneous & Company Information

These Terms are the entire agreement between you and Movebooth. Governed by the laws of the State of Florida (without regard to conflicts of law), except the FAA governs Section 12.

Company Information & Notices
Movebooth, LLC
7901 4th St N, STE 8225, St Petersburg, FL 33702
Privacy: privacy@movebooth.com
Legal: legal@movebooth.com

16) Operator Master Service Agreement (MSA)

The following terms apply to Operators purchasing Movebooth products or services and are incorporated by reference into the Operator's order form/Activation Contract.

16.1 Services, Access & Support

We will use commercially reasonable efforts to provide the Services in accordance with the applicable Service Plan and any Activation Contract.

16.2 Licenses

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.

16.3 Restrictions & Responsibilities

Operator will not reverse engineer, decompile, disassemble, or create derivative works of the Services.

16.4 Hardware Rental

Operator is responsible for the care, custody, and return of rented equipment. We may charge for missing/damaged equipment.

16.5 Confidentiality; Proprietary Rights

Each party will take reasonable precautions to protect Proprietary Information of the other. Confidentiality obligations persist for five (5) years from disclosure.

16.6 Fees & Payment

Operator will pay the fees in the applicable Activation Contract. Unpaid amounts may accrue 1.5%/month interest.

16.7 Term & Termination

Either party may terminate on 30 days' notice. We may terminate immediately for uncured breach.

16.8 Indemnities

Operator will indemnify Movebooth from third-party claims arising out of Operator's use of the Services.

16.9 Warranties; Disclaimer

We will use reasonable efforts to maintain the Services. THE SERVICES ARE OTHERWISE PROVIDED “AS IS.”

16.10 Limitation of Liability

Movebooth's aggregate liability will not exceed the Fees paid by Operator in the twelve (12) months preceding the event giving rise to liability.

16.11 Promotion & Attribution

We may identify Operator as a customer in customer lists, pitches, and on our Sites.

16.12 Notices; Dispute Resolution

Notices must be in writing. Arbitration and venue are as stated in Section 12.