Terms & Conditions
These Terms & Conditions (the “Terms”) form a binding agreement between you (the “Customer”, “you”) and Dinosaur Mission Unipessoal Lda, a private limited company organised under the laws of Portugal, trading as BoothyOps, with its registered office at Tv. Chão do Poço 3C, 2640-012 Santo Isidoro, Portugal (“BoothyOps”, “we”, “us”, or “our”). By creating an account, installing the BoothyOps agent, or otherwise using the Service, you accept these Terms. If you do not agree, do not use the Service.
1. Definitions
- “Service” means the BoothyOps monitoring and alerting platform, including the web dashboard, progressive web app (PWA), application programming interfaces, and the on-booth agent software.
- “Agent” means the BoothyOps software you install on a Windows PC connected to a photo booth to collect status signals and transmit them to the Service.
- “Booth” means a photo booth installation monitored through the Service.
- “Customer Data” means the data you submit to, or that is generated by your Booths and transmitted through, the Service.
- “Account” means the company-level account created when you register, including all user logins and Booths associated with it.
2. The Service
BoothyOps is a monitoring and alerting tool for photo-booth operators. The Agent runs on your Booth PC and periodically reports status signals (such as whether the booth software is running and serving guests, camera and payment-device connectivity, and printer status) to our cloud platform. When the Service detects a condition you have configured as an alert, it notifies you by push notification, email, and/or SMS.
The Service is a best-effort monitoring aid, not a safety, security, or business-critical control system. It does not operate, repair, or guarantee the functioning of your Booths, and it must not be relied upon as the sole means of detecting any condition. See Sections 10 and 12.
3. Eligibility & accounts
- You must be at least 18 years old and able to form a binding contract. The Service is intended for business use by photo-booth operators, not for consumers acquiring it for personal purposes.
- When you register, an Account is created for your company. The person who registers is responsible for the Account and warrants they are authorised to bind that company.
- You are responsible for the accuracy of your registration information, for keeping credentials confidential, and for all activity under your Account. Notify us promptly of any unauthorised use.
- You may authenticate using email/password or a supported single sign-on provider (e.g. Google or Microsoft). Your use of those providers is also governed by their terms.
4. The on-booth agent
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to install and run the Agent on Booth PCs you own or control, solely to use the Service. You agree that:
- you will install the Agent only on machines you are authorised to administer, and you have obtained any consents required from venue partners or hosts;
- the Agent may automatically download and install updates (including via its self-update mechanism) to keep monitoring reliable and secure;
- the Agent reads and may modify limited local configuration (for example, registry settings that enable booth-mode auto-launch and status hooks) to perform monitoring. Where it changes such settings, it is designed to back up and restore prior values on uninstall;
- you will not reverse engineer, decompile, modify, or redistribute the Agent except to the extent this restriction is prohibited by applicable law.
BoothyOps integrates with third-party booth software (such as Breeze Systems software). We are not affiliated with, endorsed by, or responsible for that software, and changes to it may affect the Service.
5. Trial, fees & billing
- Free trial. We may offer a free trial for a stated period. At the end of the trial, unless you cancel, your subscription begins and the applicable fees become payable. We may modify or withdraw trial offers at any time.
- Subscription & fees. The Service is sold on a recurring subscription basis. Pricing (including any base fee, per-booth fee, or usage-based charges) is as shown at sign-up or in your Account. All fees are stated exclusive of VAT and other taxes, which are added where applicable.
- Payment processor. Payments are processed by Stripe. By subscribing you authorise us, through Stripe, to charge your payment method on each renewal until you cancel.
- Auto-renewal. Subscriptions renew automatically for successive periods unless cancelled before the end of the current period.
- Failed payment. If a charge fails, we may retry, suspend monitoring, or place the Account in a read-only state. We may also restrict or terminate the Service for non-payment.
- No refunds. Except where required by law or expressly stated, fees are non-refundable and there are no refunds or credits for partial periods or unused features.
- Price changes.We may change fees on at least 30 days’ notice, effective from your next renewal. Continued use after the change takes effect constitutes acceptance.
6. Right of withdrawal (EU consumers)
The Service is intended for business customers. If, however, you qualify as a consumer under EU law, you may have a 14-day right of withdrawal for distance contracts. By starting to use the Service during that period you expressly request that performance begins immediately and acknowledge that you lose the right of withdrawal once the Service has been fully performed, and that for any partial performance you may owe a proportionate amount.
7. Acceptable use
You agree not to, and not to permit others to:
- use the Service unlawfully or in breach of these Terms;
- monitor devices or networks you do not own or have authorisation to monitor, or install the Agent without the consent of the relevant device owner;
- interfere with, disrupt, or attempt to gain unauthorised access to the Service or its infrastructure, or circumvent any access controls, rate limits, or usage quotas;
- probe, scan, or test the vulnerability of the Service, or breach its security or authentication measures, except under a written authorisation from us;
- resell, sublicense, or provide the Service to third parties as a service bureau without our prior written consent;
- upload malicious code, or use the Service to send spam or unlawful, infringing, or harmful content.
8. Your data & content
You retain all rights in your Customer Data. You grant us a worldwide, non-exclusive licence to host, process, and transmit Customer Data solely to provide and improve the Service, deliver alerts, generate reports, and meet legal obligations. You are responsible for the Customer Data you provide and for ensuring you have the rights and any consents needed for us to process it. Our handling of personal data is described in our Privacy Policy.
9. Third-party services
The Service relies on third-party providers to operate, including cloud hosting and database services (Supabase, Vercel), notification delivery (Knock and OneSignal), payment processing (Stripe), and others. Your use of the Service may be subject to those providers’ terms, and outages or changes on their side may affect the Service. We are not liable for the acts, omissions, or availability of third-party services.
10. Availability & no guarantee of detection
We aim to keep the Service available and reliable but do not guarantee uninterrupted or error-free operation. The Service may be unavailable due to maintenance, third-party outages, network conditions at your Booth, power loss, device failure, or other factors outside our control.
You acknowledge that BoothyOps cannot and does not guarantee that every fault, outage, or condition affecting a Booth will be detected or that any alert will be generated or delivered. Monitoring depends on the Agent running, on local network connectivity, and on signals from third-party hardware and software that may be incomplete or inaccurate. You remain solely responsible for the operation and supervision of your Booths and should not rely on the Service as your only means of detecting problems.
11. Intellectual property
The Service, the Agent, and all related software, designs, text, graphics, the BoothyOps name and logo, and the “Boothy” mascot, are owned by Dinosaur Mission Unipessoal Lda or its licensors and are protected by intellectual property laws. Except for the limited rights expressly granted here, no rights are transferred to you. You may not use our trademarks without our prior written permission. If you give us feedback or suggestions, we may use them without restriction or obligation to you.
12. Disclaimer of warranties
To the maximum extent permitted by law, the Service and the Agent are provided “as is” and “as available”, without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or that monitoring will be timely, complete, or error-free. Some jurisdictions do not allow the exclusion of certain warranties; in that case the exclusions apply to the fullest extent permitted.
13. Limitation of liability
To the maximum extent permitted by law, BoothyOps and its officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, business, prints, goodwill, data, or anticipated savings, or for any losses arising from undetected or undelivered alerts or from Booth downtime, whether based in contract, tort (including negligence), or otherwise, even if advised of the possibility of such damages.
Our total aggregate liability arising out of or relating to the Service in any 12-month period will not exceed the total fees you actually paid to us for the Service during that period. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence or for fraud.
14. Indemnification
You agree to indemnify and hold harmless BoothyOps from and against any claims, damages, liabilities, and reasonable expenses (including legal fees) arising out of or related to your Customer Data, your use of the Service, your breach of these Terms, your installation of the Agent on devices, or your violation of any law or third-party right.
15. Term & termination
- These Terms apply for as long as you use the Service. You may cancel your subscription at any time through your Account or the billing portal; cancellation takes effect at the end of the current billing period.
- We may suspend or terminate your access immediately if you breach these Terms, fail to pay, or use the Service in a way that risks harm to us, other customers, or third parties, or as required by law.
- On termination, your right to use the Service and the Agent ends and you must uninstall the Agent. We may delete Customer Data after a reasonable retention period as described in the Privacy Policy. Provisions that by their nature should survive (including Sections 8, 11–14, 17, and 18) survive termination.
16. Changes to the Terms
We may update these Terms from time to time. If we make material changes, we will give reasonable notice (for example, by email or an in-app notice). Changes take effect on the date stated, and your continued use of the Service after that date constitutes acceptance. If you do not agree, you must stop using the Service.
17. Governing law & disputes
These Terms are governed by the laws of Portugal, without regard to conflict-of-law rules. The courts of Portugal have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Service, subject to any mandatory consumer-protection rights you may have to bring proceedings in your country of residence. EU consumers may also use the European Commission’s Online Dispute Resolution platform at ec.europa.eu/consumers/odr.
18. General
- Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service and supersede prior agreements on the subject.
- Severability. If any provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to the minimum extent necessary.
- Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
- No waiver. A failure to enforce any provision is not a waiver of our right to do so later.
- Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
19. Contact
Questions about these Terms can be sent to:
Dinosaur Mission Unipessoal Lda (trading as BoothyOps)
Tv. Chão do Poço 3C, 2640-012 Santo Isidoro, Portugal
Email: support@boothyops.com