Terms of Service.
Welcome to ONEBOOTH. Please read these Terms and Conditions (“Terms”) carefully.
Application of the Terms; Contract Partners
These Terms and the Data Processing Agreement together cover exclusively the use of onebooth.com, the ONEBOOTH web and iOS applications as well as any related services, websites, functions and features (“ONEBOOTH Service”) by entrepreneurs (“Client”, “you”) and their customers (“End-user”). An entrepreneur is a natural or legal person or a partnership with legal personality who or which, when entering into these Terms, acts in exercise of his/her or its trade, business or profession.
PLEASE DO NOT ACCEPT THESE TERMS IF YOU DO NOT WANT TO USE THE SERVICE AS AN ENTREPENEUR. If you want to use the ONEBOOTH Service as a private person, please send an email to firstname.lastname@example.org.
The ONEBOOTH Service is provided and operated by MINTANO UG haftungsbeschränkt, Erkrather Str. 401, 40231 Düsseldorf, Germany (“MINTANO“, “we”, “our”, “us”).
We do not accept any terms and conditions that conflict with, add to, or diverge from, these Terms, unless we expressly agree to their applicability in writing.
Creation of the ONEBOOTH account; Conclusion of Contract
You can order the ONEBOOTH Service by completing the registration form on onebooth.com and by clicking on the button named “Get Started” or on a button with another name, but similar meaning.
IMPORTANT: BY COMPLETING THE REGISTRATION FORM AND CLICKING ON THE BUTTON YOU CREATE THE ONEBOOTH ACCOUNT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU’RE USING OUR SERVICES FOR AN ORGANIZATION, YOU’RE AGREEING TO THESE TERMS ON BEHALF OF THAT ORGANIZATION. IF YOU DO NOT AGREE TO THESE TERMS OR THE DATA PROCESSING AGREEMENT, PLEASE DO NOT USE ANY OF OUR SERVICES.
Once we have accepted your order for the ONEBOOTH Service, you will receive a welcome email confirming your registration.
Free trial: After the creation of the ONEBOOTH account, the new Client is entitled to a free trial. During the free trial period, each post will contain a “DEMO” watermark. The free trial ends once the Client signs up for one of our paid subscriptions. The Client is not required to provide any credit card information during the period of the free trial.
The different combinations of features and capacities that you can enjoy under each plan as well as the price of each plan are described on onebooth.com/pricing. You can choose and order a plan by completing a respective order form that can be accessed after you log-in to the ONEBOOTH account.
BY COMPLETING THE ORDER FORM AND CLICKING ON THE ORDER BUTTON, YOU SEND AN OFFER TO US FOR THE PLAN YOU HAVE CHOSEN.
Once we have accepted your order, you will receive a confirmation email and an invoice.
The contractual documents are only available in the English language.
We recommend printing or otherwise storing the version of these Terms applicable on the date of the registration as we may change the Terms in the future (please see Section 19 for the application of such amended version to you and your use of the ONEBOOTH Service) and do not make the previous versions available on our website.
Description of the ONEBOOTH Service
ONEBOOTH is a cloud-based photobooth platform that allows you to create, manage, run and monitor customized and engaging photobooth campaigns at different kinds of events and occasions on an iPad device. You and your End-users will be able to create, view and transmit Content (as defined in Section 9 below).
Depending on the plan chosen by you, you can enjoy different features (e.g. multi campaign, social editing, campaign analytics, green screen etc.) that are described in more detail on onebooth.com.
To use our ONEBOOTH Service, you must have the legal capacity to do so. If you are an individual, you must be at least 18 years of age.
You may not, without our prior written consent, access the ONEBOOTH Service if
- you are a competitor of MINTANO,
- you have been previously suspended or removed from our ONEBOOTH Service,
- to monitor the availability, performance or functionality of the ONEBOOTH Service or for other benchmarking or competitive purposes.
If you operate our ONEBOOTH Service at any event or occasion you shall ensure that any End-user is at least 16 years of age and eligible to use the ONEBOOTH Service in accordance with these Terms and all applicable laws, rules and regulations.
Your access to the ONEBOOTH Service is licensed, not sold. We grant you a revocable, limited, non-exclusive, non-transferable license to use our ONEBOOTH iOS and web applications as well as any other related Services in accordance with these Terms.
Registration & Account
In order to use the ONEBOOTH Service, you must have a valid ONEBOOTH account. Such ONEBOOTH account can be created as described in Section 2 of these Terms.
You must provide accurate, current and complete information when you create your ONEBOOTH account or order your plan. When creating your ONEBOOTH account, you will be requested to provide your email address and define your own password (your email address and the password together the “Access Data”). When ordering your plan, you must provide valid credit card details for paying the fees as a monthly or annually recurring payment.
You are responsible for safeguarding the Access Data for your ONEBOOTH account and for ensuring that no unauthorized person may access your ONEBOOTH account. You must notify us immediately of any unauthorized use of your ONEBOOTH account or any other breach of security. MINTANO will not be liable for any failure by you to protect the confidentiality of your Access Data, including any loss or damage incurred as a result of such failure, except for cases in which the loss or damage was caused by our or our employees’ willful misconduct.
a) Client Personal Data
When you create your ONEBOOTH account you are asked to enter the company name of the organization for which you register the ONEBOOTH account, your name, your email address, your password and other data requested within the registration and/or order process and/or in the course of the use of the ONEBOOTH Service. For ordering a plan, you also need to provide us with your credit card details (this personal data entered by you as part of the registration and/or order process and/or your use of the ONEBOOTH Service together the “Client Personal Data”).
MINTANO UG will process the Client Personal Data as controller for the performance of the contract with you.
The processing of the Client Personal Data is based on the basis of Art. 6 para. 1 (b) of the EU General Data Protection Regulation (“GDPR”). The Client Personal Data is required to conduct the contractual relationship with you. If you do not provide the Client Personal Data, we cannot open a ONEBOOTH account for you and cannot provide you with our ONEBOOTH Service.
MINTANO will disclose the Client Personal Data to its sub-contractors for hosting, payment and marketing automation services if these subcontractors require the Client Personal Data for the performance of their services. You can find our sub-contractors if you click the following link: https://onebooth.com/sub-contractors
MINTANO will store the Client Personal Data for the duration of the contractual relationship with you. After termination of the contractual relationship, the Client Personal Data will be stored to the extent this is required to comply with obligations to provide evidence or to comply with statutory retention obligations.
You have the following rights:
- Right of access to personal data concerning you in accordance with Art. 15 of the GDPR
- Right of rectification of personal data in accordance with Art. 16 of the GDPR
- Right of erasure of personal data in accordance with Art. 17 of the GDPR
- Right to restriction of the processing of personal data in accordance with Art. 18 of the GDPR
- Right to data portability in accordance with Art. 20 of the GDPR
- Right to object in accordance with Art. 21 of the GDPR
- Right to lodge a complaint with the supervisory authority in accordance with Art. 77 of the GDPR
b) End-user Personal Data
All personal data regarding your End-users (“End-user Personal Data”) will be processed by us on your behalf and subject to the Data Processing Agreement. We will only start the processing of any End-user Personal Data after the conclusion of the Data Processing Agreement.
The fees for your chosen plan are payable in advance on the first day of your subscription and the following renewal dates which can be upon your choice monthly or annually. You are free to choose another plan at any time.
If, after signing up, the Client elects to upgrade to another plan with higher fees, the unused portion of any prepaid fees will be applied to the fee of the more expensive plan.
Downgrading of the current plan will cause the loss of features or capacity of your ONEBOOTH account and may also result in the loss of campaign data (e.g. if the data is provided as part of a feature that is no longer covered by the plan chosen by you). If the fees have already been paid for the more expensive plan, such fees are non-refundable.
For any upgrade or downgrade of your plan, your credit card will be automatically charged the new fee on the first day of your new monthly or annually billing cycle.
All fees are exclusive of all taxes, levies or duties applicable under any applicable law, unless otherwise stated herein. The Client is solely responsible for the payment of such taxes, levies or duties.
Double Opt-in Feature
Certain plans of our Service allow you to obtain the consent from End-users in the context of the use of our Services to use their email address for your marketing purposes (newsletter) through a double opt-in procedure. We will provide you with the technical infrastructure for such double opt-in procedure and document the double opt-in by the End-user, including e.g. time stamp, email address and IP address of the End-user. You are solely responsible to adapt the text of the newsletter checkbox and double opt-in confirmation email to fulfill any legal requirements.
Our Service enables you and your End-users to create, view and transmit (e.g. to an email-address or to our web application) certain information – e.g. photos, GIFs, videos, text (“Content”).
You are responsible to ensure that:
- you own all transmitted or displayed Content or you have the right to use it and grant us the rights and license as provided within these Terms when the Content is transmitted or displayed,
- the transmitting or displaying of any of your or your End-user’s Content on or through the ONEBOOTH Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or organization,
- you inform us in any case in which an End-user withdraws its consent to the use of the Content; and
- Content transmitted or displayed by you or your End-users does not contain any viruses, adware, spyware, worms, or other malicious code.
You are solely responsible for any Content transmitted by your or your End-users’ use of our ONEBOOTH Service and iPad application. MINTANO cannot and does not regularly monitor Content uploaded to the ONEBOOTH Service. By providing you and your End-users with the ability to create, view and distribute user-generated content, we are only acting as a passive entity for that purpose and do not have any obligation or liability related to any Content transmitted or displayed by you or your End-users. We expressly disclaim any and all liability in connection with any and all Content transmitted or displayed by you or your End-users using our ONEBOOTH Service.
If notified by a Client, End-user or any other person about Content that allegedly infringe these Terms, MINTANO may investigate the allegation. If Content is illegal or violates any rights of third parties or if there are reasonable grounds for such illegality or violation, MINTANO is entitled to suspense the ONEBOOTH Service with regard to such Content and/or to remove such Content. Reasonable grounds exist in particular if MINTANO receives an order by a court, an administrative authority or any other public body or if MINTANO and/or the Client receives a warning letter by a third party based on an alleged illegality or violation that cannot be disproven by the Client.
We will notify you on any suspension and removal. After such notification, we will coordinate with you the next steps.
License grant to MINTANO
By transmitting any Content to or through our ONEBOOTH Service, you automatically grant – or warrant that the owner of such Content has expressly granted – to MINTANO a royalty-free, non-exclusive, worldwide license to use, transfer, display, perform, present, reproduce (including storage, hosting and transfer to video storage media), modify and otherwise exploit your and your End-users’ Content in whole or in part (and any copyrights, publicity and other proprietary rights therein) as required by us to provide you with the ONEBOOTH Service in accordance with these Terms. We are also allowed to grant sublicenses to our sub-contractors to the extent they need the rights to enable us to provide you with the ONEBOOTH Service.
If and to the extent we store for you any Content, we will continue to store it for the month following the month in which any party has sent a termination notice to the other party. Upon your request, we will provide you with respective copies. After the end of the additional month after termination, we will delete any Content relating to you or your End-users, unless the continued storage is required to comply with our obligations to provide evidence or to comply with statutory retention obligations.
In addition to our right to use the Content, you also allow us to analyze data relating to your campaign (e.g. how many photos, videos etc.) on an anonymous basis in order to enable us to monitor and improve our ONEBOOTH Service. This right is granted without limitation of time or location and survives any termination of our contractual relationship with you.
When using our ONEBOOTH Service you agree that you will not and you will ensure that your End-users will not:
- Use the ONEBOOTH Service in any manner that infringes, violates or misappropriates any third party’s intellectual property or proprietary rights.
- Provide false or inaccurate content.
- Upload or transmit to or through the ONEBOOTH Service pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content.
- Use the ONEBOOTH Service in any manner that is harmful to minors.
- Impersonate any person or business entity or misrepresent your affiliation with a person or entity.
- Send junk email or spam to End-users of our ONEBOOTH Service.
- Hack, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of our ONEBOOTH Service.
- Use our ONEBOOTH Service for fraud.
- Use scraping, bots or other software to aggregate or browse our content.
- Defame anyone or breach any laws by using the ONEBOOTH Service.
We may terminate your account or our provision of our ONEBOOTH Service to you with two (2) weeks prior notice to the end of each month. The termination notice will be sent to the email address used by you as part of your Access Data. We will not be liable for any damages, costs, expenses or loss of Content as a result of any termination towards you or any third party, except that we will re-pay you any non-consumed fees paid in advance for the period following the effective date of the termination.
You may terminate your use of our ONEBOOTH Service and your ONEBOOTH account at any time. If you wish to do so, you may simply send an email to us and discontinue using the ONEBOOTH Service. Any fees already paid before your termination are non-refundable.
The right to terminate without a notice period for a compelling reason remains unaffected. There is a compelling reason if the terminating party, taking into account all the circumstances of the specific case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed end or until the expiry of a notice period.
Disclaimer of Warranties
We will provide the ONEBOOTH Service with the reasonable care of an ordinary business man, but we do not warrant that any specific commercial objectives or other results (e.g. a certain number of End-users, a certain number of Content or a certain amount of attention) will be achieved by using our ONEBOOTH Service.
MINTANO does not guarantee that the ONEBOOTH Service will be error free, accurate, reliable, complete or accessible at all times. In particular, maintenance times will not be considered to be a defect.
Any claims based on defects will become time-barred in 12 months after receipt of the ONEBOOTH Service.
You agree to indemnify, defend and hold harmless MINTANO, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from and against any claims, losses, damages, obligations, costs (including legal costs), actions or demands by third parties arising from:
- your culpable breach of any of these Terms,
- any unlawful Content you or your End-users transmit or display via our ONEBOOTH Service or
- any unlawful activity under your ONEBOOTH account by you or any third party that you have provided with the Access Data or that could get access to your ONEBOOTH account due to your failure to safeguard the Access Data.
You will inform us without undue delay of any cases in which third parties allege that any Content infringes their rights. In case a third party raises a claim against us, you will reasonably assist us in our defense, in particular by providing information and documents.
MINTANO reserves the right – at your expense – to assume the exclusive defense and control of any matter subject to indemnification by you. MINTANO will notify you of any such claim, action, or proceeding upon becoming aware of it.
Intellectual Property Rights
The MINTANO Service, data, visual interfaces, graphics, designs, computer code, trade names and trademarks (“Material”), and any parts or elements thereof are solely and exclusively owned and operated by MINTANO and its licensors. Any commercial or promotional distribution, publishing or exploitation of these Materials is strictly prohibited unless you have received the express prior written permission from MINTANO or the otherwise applicable rights holder. MINTANO reserves all rights to the ONEBOOTH Service and Materials.
Limitation of Liability
If we breach a fundamental contractual obligation, our liability (as well as the liability of our employees, legal representatives and vicarious agents) is limited to the typical damage that was foreseeable at the time these Terms are accepted by you. Fundamental obligations are such that essentially enable us to properly perform the ONEBOOTH Service and the compliance with which may be and is regularly relied upon by you. In all other cases, our liability (as well as the liability of our employees, legal representatives and vicarious agents) is excluded.
The aforementioned limitation and exclusion of liability do not apply in case of
- willful misconduct or gross negligence by us, our employees, legal representatives or vicarious agents,
- injury to life, body or health,
- breach of a guarantee,
- liability under the German Product Liability Act (Produkthaftungsgesetz) or any similar law in other jurisdictions.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms for the time and to the extent that is caused by an event of Force Majeure. Force Majeure is an external event, caused from the outside by elementary natural forces or by actions of third parties, which is unforeseeable according to human insight and experience, cannot be prevented or rendered harmless with economically bearable means even by utmost care reasonably to be expected in the circumstances and which business undertakings do not have to accept because of its frequency, such as war, threats of war and natural disasters.
Changes: We may modify or update these Terms at any time with effect for the future. We will send you an email with information on the new Terms requesting your acceptance to the changes. If you do not object to the changes within six (6) weeks after your receipt of our email with the changed Terms, it is deemed that you have accepted the changes, provided that we have especially drawn your attention to the intended significance of your failure to object in the email with which we inform you on the changes. This does not apply in case one of our fundamental contractual obligations (see Section 17) is changed to your detriment. In such case, your explicit consent is required for any changes.
Notices: We may provide you with notices, including those regarding changes to these Terms, by email.
Notice will be deemed given 24 hours after the email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the ONEBOOTH Service. In such case, notice will be deemed given three days after the date of mailing.
Ability to Contract. You hereby affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms.
Waiver: The failure of MINTANO to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by MINTANO
Severability: If any of these terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, that term will to that extent be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
Assignment: You are not allowed to assign any of these Terms or any rights or obligations thereunder. Any attempted transfer or assignment in violation thereof shall be null and void. MINTANO is allowed at its sole discretion to assign any of its rights under these Terms as well as the contractual relationship with the Client to any third party. If the contractual relationship as a whole is assigned to a third party, MINTANO will inform the Client on such assignment. The Client is entitled to terminate the contractual relationship without notice period.
Headings: The heading references herein are for convenience only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
Survival: Upon termination of these Terms, any provision which, by its nature or express terms should survive, shall survive such termination or expiration.
No partnership: No agency, partnership, or joint venture is intended or created by these Terms.
Geographic Restrictions: MINTANO is based in Germany. We make no claims that any of our ONEBOOTH Service or any of its Content is accessible or appropriate outside of Germany. Access to any of the ONEBOOTH Service may not be legal for certain persons or in certain countries.
Governing law: These Terms are exclusively governed by the laws of the Federal Republic of Germany (with the exclusion of the UN Convention on Contracts for the International Sale of Goods). The place of fulfillment is Düsseldorf, Germany.
Jurisdiction: If the Client is a merchant, a legal person under public law, or a special asset (Sondervermögen) under public law, MINTANO’s domicile is the sole venue for all disputes arising from the contractual relationship between the Client and MINTANO.
This Service is offered by MINTANO UG (haftungsbeschränkt), Erkrather Str. 401, 40231 Düsseldorf, Germany. If you wish to contact us for any reason then please contact us at email@example.com.