These Terms of Service ("Terms") govern your access to and use of the Synapse Booth software, including any AI-powered photo booth features, related services, websites, applications, and any other products or content provided by Synapse Booth ("we," "us," or "our") (collectively, the "Services"). By purchasing, downloading, installing, accessing, or using the Services, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case "you" or "your" shall refer to such entity. If you do not agree to these Terms, you must not access or use the Services.
We recommend that you print or save a copy of these Terms for your records.
1. Definitions
For clarity and to avoid ambiguity, the following terms have the meanings set forth below:
- "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with a party.
- "Content" means any text, images, photos, videos, graphics, or other materials uploaded, generated, or processed through the Services, including guest photos captured at events.
- "License Key" means the unique code provided to you upon purchase to activate and use the software.
- "Services" includes the Synapse Booth AI software, any updates, upgrades, support, and related features or documentation.
- "User" or "you" means the individual or entity accessing or using the Services.
- "User Data" means any data, including personal data, that you or your guests submit to or generate through the Services.
These definitions are designed to provide a clear framework for interpreting the Terms, ensuring all parties understand key concepts.
2. Acceptance of Terms
Your use of the Services constitutes your agreement to these Terms. We may update these Terms from time to time, and we will notify you of material changes via email or through the Services. Your continued use after such notice constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Services immediately.
To ensure enforceability, acceptance requires affirmative action, such as clicking "I Agree" during installation or purchase, rather than passive browsing.
3. Eligibility and Account Registration
You must be at least 18 years old or the age of majority in your jurisdiction to use the Services. You agree to provide accurate, current, and complete information during registration and to update it as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use.
4. License Grant and Usage Rules
Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Services for your internal business purposes, such as operating photo booths at events. This license is personal to you and limited to the number of devices or events specified in your purchase.
- Permitted Uses: You may use the Services to capture, process, and share photos with AI enhancements at your events. You may integrate the software with compatible hardware as described in our documentation.
- Restrictions: You may not: (i) reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services; (ii) modify, adapt, or create derivative works from the Services; (iii) resell, rent, lease, sublicense, or distribute the Services; (iv) use the Services for any illegal purpose or in violation of any law; (v) remove or alter any proprietary notices; or (vi) use the Services to develop competing products.
- License Keys: Keys are issued solely to the purchasing customer and may not be shared or transferred without our prior written approval. Unauthorized use may result in immediate revocation.
- Updates and Upgrades: We may provide updates or upgrades at our discretion. Continued use requires acceptance of any modified terms accompanying them.
- Security Responsibilities: You are solely responsible for securing your devices, networks, credentials, and event environments against unauthorized access, malware, or breaches.
This license structure balances your needs with protection of our intellectual property, a standard practice in software agreements.
5. Fees, Payment, and Digital Delivery
- Pricing: All prices are as stated at the time of purchase and may be updated with notice. Prices exclude taxes, which you are responsible for paying.
- Payment Terms: Payment is due at purchase via approved methods. We use third-party processors; your payment information is handled in accordance with their policies.
- Digital Delivery: Products are delivered electronically via email or download links upon successful payment. You must provide a valid email and check spam folders. Delivery is immediate, so ensure compatibility before purchase.
- Subscriptions (if applicable): If your plan includes recurring fees, they will be charged automatically until canceled. You may cancel anytime, but no prorated refunds.
- Taxes and Fees: You are responsible for all applicable taxes, duties, and transaction fees.
6. Refunds and Cancellations
Due to the digital nature of the Services and immediate access to license keys and installers, all sales are final and non-refundable, except as required by applicable law (e.g., consumer protection rights in certain jurisdictions). If a refund is granted, it may be subject to a processing fee, and access will be revoked.
7. Third-Party Services and Integrations
The Services may integrate with or rely on third-party providers, such as cloud storage, payment gateways, email services, app stores, or AI APIs. We are not responsible for their availability, performance, or any issues arising from them, including outages, data loss, or changes in terms. You agree to comply with their terms and indemnify us for any violations.
8. Intellectual Property Rights
- Our IP: We retain all rights, title, and interest in the Services, including software, AI models, algorithms, trademarks, copyrights, patents, and trade secrets. No ownership is transferred to you.
- Your Content: You retain ownership of your Content and User Data. By using the Services, you grant us a worldwide, royalty-free, non-exclusive license to host, process, and use such data as necessary to provide the Services (e.g., AI photo enhancement).
- Feedback: Any suggestions or feedback you provide becomes our property without compensation.
- Infringement: If the Services infringe third-party IP, we may modify them or terminate access, with no liability beyond a prorated refund.
This section protects proprietary elements while clarifying user rights, aligning with industry standards.
9. Data Privacy, Backups, and Security
We process personal data in accordance with our Privacy Policy (available at [insert link]), which is incorporated herein. You are responsible for:
- Obtaining necessary consents from event guests for photo capture, AI processing, and data sharing (e.g., GDPR or CCPA compliance).
- Backing up your data regularly; we do not guarantee data retention or recovery.
- Securing your systems against breaches; we implement reasonable security measures but disclaim liability for unauthorized access due to your negligence.
In the event of a data breach, we will notify you as required by law.
10. Disclaimer of Warranties
The Services are provided "AS IS" and "AS AVAILABLE," without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, accuracy, non-infringement, or uninterrupted operation. We do not warrant that the Services will meet your requirements, be error-free, or free from viruses.
11. Limitation of Liability
To the maximum extent permitted by law:
- We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, revenue, business interruption, or reputational harm.
- Our total aggregate liability for any claim arising from these Terms or the Services shall not exceed the fees paid by you for the Services in the twelve (12) months preceding the claim.
- This limitation applies even if we have been advised of the possibility of such damages.
These caps are essential for risk management in software provision.
12. Indemnification
You agree to indemnify, defend, and hold harmless us, our affiliates, officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including attorneys' fees) arising from: (i) your misuse of the Services; (ii) violation of these Terms or applicable laws; (iii) your Content or User Data; (iv) guest disputes or privacy claims; or (v) your event operations.
13. Suspension and Termination
We may suspend or terminate your access immediately for: (i) non-payment; (ii) breach of these Terms; (iii) fraud, abuse, or misuse; (iv) legal requirements; or (v) harm to the Services or other users. Upon termination, all licenses cease, and you must destroy all copies. Sections surviving termination include IP, disclaimers, liability limitations, indemnification, and governing law.
14. Governing Law and Dispute Resolution
These Terms are governed by the laws of [insert jurisdiction, e.g., the State of Delaware, USA], without regard to conflict of laws principles. Any disputes shall be resolved exclusively through binding arbitration in [insert location] under the rules of [e.g., AAA], except for injunctive relief. You waive any right to class actions.
15. Miscellaneous
- Force Majeure: Neither party is liable for delays due to events beyond reasonable control (e.g., natural disasters, wars, pandemics).
- Severability: If any provision is invalid, the remainder remains enforceable.
- Entire Agreement: These Terms constitute the full agreement, superseding prior understandings.
- Waiver: No waiver of any term is effective unless in writing.
- Assignment: You may not assign these Terms without our consent; we may assign freely.
- Notices: Notices shall be via email to the address provided.
16. Contact Information
For questions, support, or legal inquiries, contact us at support@synapsebooth.com.