Master Terms of Service & Operating Agreement

Effective date: November 5, 2026

• Company: Elijah's Photobooth LLC ("Company", "we", "us"), doing business as Elijah's Photobooth Company
• Parent entity: ITPRO360 LLC, which owns the software and the copyright in it
• Online services: elijahsphotobooth.com and its subdomains, including the guest galleries, booth app and slideshows, the admin console, and the operator sign-up site
• Jurisdiction: State of California, County of San Joaquin
• Contact: [support email]

Section 1: Structure & Acceptance

1.1 Who these terms cover. These Master Terms of Service and Operating Agreement ("Terms") govern:

• Partner Operators: independent contractors, DJs, venue operators and businesses that buy event passes or subscriptions, license the software, or buy turnkey equipment.
• Event Owners & Hosts: clients who book photo booth services directly from the Company.
• Guests: people who use a booth, scan a QR code, view a gallery or slideshow, vote in a photo contest, or receive photos.
• Contest Entrants: guests who enter a photo in a photo contest (Section 5.7).
• Contributing Photographers: people given an upload link by an Operator or the Company.
• In-House Operators and Staff: people the Company engages to run its own events or to work in its console (for example Operations, Marketing and Customer Support). They use the service under these Terms and their agreement with the Company, and only for the Company's business.

1.2 Acceptance. Creating an account, paying for a plan or pass, paying a booking deposit (online, through a payment link we send you, or by card over the phone after agreeing to these Terms on the call), activating an event, or using any Company software means you accept these Terms. If you accept on behalf of a business, you confirm you are authorized to bind it.

1.3 Age. You must be at least 18 to create an account, book services or buy a plan. Guests under 18 may use a booth at an event with the Host's permission.

1.4 Plan pages and order details. The plan descriptions, prices and limits shown on the sign-up page, in your account, or on your invoice or booking confirmation at the time of purchase ("Plan Details") are part of these Terms. If they conflict with these Terms, the Plan Details control for that purchase.

Section 2: Partner Operator Terms

2.1 License. The Company grants the Operator a limited, non-exclusive, non-transferable, revocable license to use the software for the events and period covered by the Operator's passes or subscription. The software, designs and templates are owned by itpro360 LLC and licensed to the Company; they and the Company's brand remain the property of their owners, and no rights are granted except as stated here.

2.2 Event passes. Each event uses one event pass. A pass gives booth access for the booth time shown in the Plan Details at purchase (for example 24 hours, 3, 7 or 14 days), starting when the event's first photo is taken. After that the booth stops taking new photos; photos already taken remain available for the hosting period. The number of booths that may run at once, and whether printing is included, follow the plan.

2.3 Subscriptions. Monthly and yearly plans include the event passes, booths and features shown in the Plan Details. Passes included in a billing period expire unused at the end of that period and do not roll over. "Unlimited" plans remain subject to fair use (Section 2.9).

2.4 Changes to plans, features and prices. The Company may add, change, rename, replace or discontinue plans, features, limits and prices at any time, with or without notice. For an active subscription, a change to its price or a material reduction of its features takes effect only at the start of the next billing period after at least 14 days' email notice; the Operator may cancel before then. Passes already purchased keep the terms they were bought under. Promotional prices apply only for the period stated.

2.5 Billing and automatic renewal. Subscriptions renew automatically at the end of each billing period at the then-current price and charge the payment method on file until cancelled. Payments are processed by Stripe; the Company does not store card numbers. Prices exclude taxes, which the Operator pays where applicable.

2.6 Cancellation. The Operator may cancel a subscription at any time from Account › Manage billing in the admin console, or by contacting [support email]. Cancellation stops future renewals; access continues until the end of the paid period. No partial refunds are given for unused time or unused passes.

2.7 Refunds and chargebacks. Purchases are non-refundable except where required by law, where the Company declines a sign-up (in which case the payment is refunded in full), or at the Company's discretion. Filing a chargeback for a valid charge may lead to suspension of the account until resolved.

2.8 Accounts and security. Operator accounts require a password; two-step sign-in is strongly recommended and may be required by the Company at any time. Company staff accounts always require two-step sign-in. The Operator is responsible for all activity on its account, must keep its credentials and recovery codes private, and must not share or resell its account. Booth links, photographer upload links and slideshow links act like keys: the Operator is responsible for who receives them and should revoke any link that is exposed.

2.9 Fair use and acceptable use. The Operator must not: (a) use the service for anything unlawful; (b) upload content it has no right to use, or content that is pornographic, hateful, harassing or that sexualizes minors; (c) probe, overload, reverse-engineer or bypass the security, limits or pass checks of the service; (d) use the storage as general file hosting or upload content unrelated to events; (e) share an account or pass across separate businesses. The Company may limit, suspend or remove content or accounts that breach this section.

2.10 Hardware and network. Unless the Operator buys a Turnkey Hardware Package from the Company, the Operator supplies and maintains all hardware (screens, tablets, PCs, cameras, lighting, printers, mounts). The service needs internet access for syncing, galleries, slideshows and activation; the Company is not responsible for disruption caused by venue Wi-Fi, cellular coverage or network equipment. Local printing runs on the Operator's network and printer; the Company gives no warranty for printers, drivers, media or jams. Turnkey Hardware Packages carry only the warranty stated on their invoice.

2.11 Storage and deletion. Event photos, including full-resolution originals, are kept online for the hosting period in the Plan Details, counted from the end of the event in the event's time zone. The Company emails the Operator before deletion. The Operator may buy extra storage time (for example one more month) from the event page where offered; extra storage is charged when bought, extends the hosting period of that event only, and is non-refundable. After the hosting period, photos may be deleted permanently. The service is not a backup: the Operator must download and keep its own copies.

2.12 Operator's clients and guests. The Operator is the business responsible for its events. It contracts with its own clients, is responsible for its own pricing, taxes, permits and insurance, and must give guests any notices and get any consents required where its event takes place. The Company processes event photos and data on the Operator's behalf to provide the service.

2.13 Contests, lead capture and messages on Operator events. When an Operator turns on a photo contest or lead capture for its event, the Operator is the sponsor and the business collecting the information. The Operator is responsible for: (a) its contest rules, eligibility, prizes, prize delivery and any taxes, registrations or bonds the law requires; (b) having a lawful basis and the notices and consents its location requires to collect guests' emails; (c) honoring unsubscribe requests and complying with anti-spam laws such as CAN-SPAM when it emails guests; and (d) not selling guest contact information. The Company provides the tools (standard rules page, consent boxes, unsubscribe links, exports) but does not run Operators' contests or marketing and is not responsible for their prizes.

2.14 Suspension and termination. The Company may suspend or terminate an Operator's account, without refund, for breach of these Terms, non-payment, fraud, or risk to the service or other users. The Operator may close its account at any time. On termination the license ends; the Company may delete the account's events and photos after giving the Operator a reasonable chance to download them, except where termination is for unlawful content.

Section 3: Event Owner & Host Terms (Direct Rentals)

3.1 Booking and payment.

• Deposit: a 25% deposit (or payment in full, if you choose) reserves the date. No date is reserved until the payment clears. Your booking, the price lines and the amount due are shown before you pay.
• Booking online or by phone: you can book on our website, or our team can set up the booking with you by phone or message. For a phone booking, we send you a link to review the booking, agree to these Terms and the booking policy, and pay; or, if you prefer, our team takes your card over the phone after reading you the booking policy and recording that you agreed. Card details are entered directly into our payment provider's secure page and are never stored by the Company.
• Phone booking convenience fee: bookings our team takes by phone or message may include a convenience fee, shown as its own line before you pay and paid with the deposit. Booking yourself on our website never includes it. The fee may be waived at the Company's discretion.
• Balance: the remaining balance is due 7 days before the event. We send a payment link by email (and by text if you agreed to texts) 14 days before the event, or right away if you book later than that.
• Unpaid balance: if the balance is still unpaid 3 days before the event, we send a cancellation notice. The Company will not set up unless the balance is paid, or unless you agree, in reply to the notice or by contacting us, to pay the full balance at the event before service starts. The Company may also agree to a later due date. If the balance is not paid, the cancellation terms in Section 3.3 apply.
• Adjustments: travel beyond 40 miles of Manteca, CA, our own power supply or internet, and similar extras may be quoted after booking. They are added to your booking only after you agree to them.
• Overtime and add-ons: extra time or add-ons on the day are available if the schedule allows, at the rates in your quote, and are billed separately.

3.2 Venue access, power and space. The Host provides:

• Access: venue access at least 45–60 minutes before the booked start for setup, and 45 minutes after for teardown. Delays caused by venue access do not extend the booked time.
• Power: a dedicated, grounded 110/120 V, 15 A outlet within 25 feet of the booth, not shared with DJ amplifiers, catering warmers or similar heavy loads.
• Space: a dry, level area of at least 8 × 8 ft (10 × 10 ft with a backdrop).
• Outdoor events: solid, dry, level ground under a fully covered canopy. The Company may pause or stop service without refund if wind exceeds 15 mph, rain falls on the setup, or heat causes equipment shutdown.
• Venue rules: any venue fees, insurance certificates or permits the venue requires; the Company can provide its certificate of insurance on request.

3.3 Cancellation and rescheduling.

• More than 7 days before the event: everything you paid, including the deposit, is refunded.
• 7 days or fewer before the event: the deposit (including any convenience fee) is forfeited, and anything you paid above the deposit is refunded.
• 3 days or fewer before the event: the deposit and any balance paid are forfeited; nothing is refunded.
• Rescheduling: a new date within 6 months may be arranged, subject to availability, without a new deposit if you ask more than 7 days before the event.
• Company cancellation: if the Company cannot provide the booked service (except under Section 6.6), it refunds all payments, including the deposit and any convenience fee. This refund is the Host's sole remedy.

3.4 Photos from your event. Guests get their photos by QR code, link or gallery. The online gallery stays available for the hosting period stated in your booking; download anything you want to keep before then.

3.5 Optional features at your event. If you choose a photo contest, guests can enter and vote as described in Section 5.7; the Company runs the contest under its official rules and delivers any prize you and the Company agree on. If you choose to collect guest emails for your business (for example at a company event), guests are asked on their own phones, the request is always optional, and marketing consent is a separate, unticked choice; you may receive the list only for guests who agreed, and you must honor unsubscribe requests. A screen near the booth may show booth advertisements (such as a "Photo Booth" sign or the Company's offers) between event photos; your stage screen shows only your event's photos. If you choose, your sponsors' logos (or a line of text, such as a website) can be stamped on every photo, as described in Section 5.9.

3.6 SMS Terms (text messages). Elijah's Photobooth Company ("Elijahs Photo Booth" in text messages) offers booking text messages to customers who agree to them, either by ticking the optional, unticked box on our booking form or by agreeing when they book by phone. Agreeing to texts is not required to book. (a) What we send: messages about your booking only: a link to review and pay, your confirmation, balance reminders and day-of updates. We do not send marketing texts. (b) How often: message frequency varies by booking; usually a few texts in total. (c) Cost: Message and data rates may apply. (d) Opting out and help: reply STOP to any text to stop receiving them; we'll confirm once and send no more. Reply START to resubscribe, or HELP for help, or email [support email]. (e) Carriers are not liable for delayed or undelivered messages. (f) Privacy: we do not sell or share your SMS opt-in data or personal information with third parties for marketing purposes. See our Privacy Policy.

3.7 Promo codes. One promo code per booking; codes can't be combined, exchanged for cash or applied to a booking after it is paid. A code's discount or free add-on applies to the photo booth package only (booth time, printing, extra hours and the slideshow monitor), never to travel, power, internet or convenience fees. Each code has its own conditions (such as event dates, days, minimum hours or first-time customers), shown when you apply it. Personal codes (starting with GIFT-) are good for one booking until the date given. If a booking made with a code is cancelled, the booking policy applies to the amount actually paid, and the code can be used again only if everything was refunded.

3.8 Instant booth (self-serve). Anyone 18 or older may set up their own photo booth at our instant booth address, using their own phone, tablet or computer. (a) Account: you sign in with your email and a code we send you, or with your Tooly account; keep access to that email. You agree to these terms the first time you sign in. (b) Versions: the free version takes up to 125 photos per event, keeps them online for 24 hours and adds a small "Photo booth by" stamp; paid events (Event and Event Plus) take up to 500 photos and keep them online for 7 days, as described on the instant booth page when you buy. Prices are one-time, per event. Printing (Event Plus) sends prints to a printer you provide and connect to your own booth device; we don't supply, ship or rent printers, paper or ink, and print quality depends on your printer and device. (c) Deletion: photos are deleted automatically when their time ends; download them before then. We aren't responsible for photos lost after that time. (d) Your guests and your uploads: you are the host of your event and are responsible for telling guests that photos are taken and shared on a gallery and slideshow, for getting any consent your local law requires (especially for minors), and for having the rights to frames, logos and backdrops you upload. Don't use the instant booth for unlawful, hateful or sexual content; we may remove content or close an event that breaks these terms, without a refund. (e) Custom designs: you can order frames and backdrops made by our designer for your event at the fixed prices shown when you order. Two rounds of changes are included; we aim to deliver within 2 business days (24 hours with rush) and put the design straight on your booth. If we can't deliver before your event, you get a full refund. You confirm you have the rights to the pictures, logos and names you send us; we may reuse a design as a template with your names, photos and logos removed. Orders must be placed at least 3 days before the event (1 day with rush). (f) Refunds: if a paid upgrade doesn't work because of a fault on our side, email [support email] within 7 days of the event for a refund. (g) As is: the instant booth runs on your own equipment and internet; we don't guarantee it works on every device. Section 6 limits apply.

Section 4: Safety, Damage & Conduct

4.1 Equipment damage. The Host is responsible for damage, vandalism, theft or liquid spills to the Company's equipment, backdrops, lighting or props caused by guests, venue staff or attendees, beyond normal wear. The Company bills the reasonable repair cost, or the replacement cost of an equivalent item if it cannot be repaired, with photos and receipts on request.

4.2 Right to stop for safety. Staff will not work through physical abuse, threats, harassment, or intoxication that endangers people or equipment. After notifying the Host, the on-site operator may pause, pack down and leave if unsafe conditions continue. No refund is due for a safety-related early end.

4.3 Operator events. At events run by Partner Operators, the Operator, not the Company, is responsible for on-site safety, staff and equipment.

Section 5: Media Rights, Privacy & Content

5.1 Who owns the photos. Event photos belong to the Host or Operator who ran the event (and, as the law provides, to the people in them). The Company receives only the rights it needs to store, process, display and deliver them as part of the service.

5.2 Marketing use (direct rentals only). Unless the Host opts out in writing before the event, the Company may use a small selection of photos from its own direct rentals in its portfolio, website and social media. The Company will post a notice at the booth, will not use photos of guests who ask it not to, will remove any photo on request, and will not use photos of children for marketing without a parent's consent. The Company does not use photos from Partner Operator events for its own marketing without the Operator's written permission.

5.3 Guest data. Guests may see their photos through QR codes, links, galleries and slideshows. Giving an email address is always optional. A guest who asks for their photo by email agrees to receive messages delivering it. A guest who enters a contest agrees to receive messages about their entry and, if they win, their prize. News and offers are sent only to guests who tick that separate box, which is never ticked for them, and every such message includes an unsubscribe link. Guest contact information is never sold or rented. Galleries and slideshows can be viewed by anyone with the link; Hosts and Operators can hide any photo (which takes it off the gallery and the slideshow) or turn these features off. At public events (open to anyone, such as our website demo or a public activation), the public gallery shows only photos their guests entered in a contest and that were approved, and the slideshow shows only approved photos; every guest still gets their own photo through its private link. A contest entrant's email is linked to their photo only in the admin console and is never shown publicly.

5.4 Privacy requests. Guests may ask the Host, the Operator or the Company to remove a photo of themselves; the Company will help Operators handle such requests. Contact [support email] with privacy questions or requests.

5.5 Content you upload. Operators, Hosts and Contributing Photographers are responsible for everything they upload: frames, logos, backgrounds, music and photos. They confirm they have the rights to it, including public-performance rights for background music played at events, and they grant the Company a license to host and display it for the service. The Company may remove content that infringes rights or breaks Section 2.9, and responds to copyright notices sent to [support email].

5.6 Access for support and operations. The Company's administrators (each with their own sign-in and two-step verification) and staff acting for the Company (such as Operations, Marketing Managers, Marketing Specialists and Customer Support, each limited to the access their role needs; for example, Marketing Specialists see guest email addresses only partly) can access Operator accounts, events, settings and photos to provide support, troubleshoot problems, keep the service secure and running, handle privacy or abuse reports, and meet legal obligations. They access only what is needed for those purposes, keep it confidential, and do not download, share or use Operator or guest photos for any other purpose. Administrative actions are recorded in an audit log under the name of the person who took them. Operators who prefer the Company not to open a particular event may say so in writing to [support email], except where access is needed for security, abuse handling or the law.

5.7 Photo contests. Each photo contest is governed by its official rules, shown on the contest's rules page and linked from the entry form; if they conflict with this section, the official rules control for that contest. In summary: no purchase is necessary to enter or win; entering requires a valid email address and agreeing to the rules; entries are reviewed and may be declined or disqualified (for example for offensive content, photos not from the event, or breaking the rules); by entering, the entrant confirms everyone in the photo is happy for it to appear in the public contest gallery; voting happens in the event's online gallery and each voter's number of votes and vote changes are limited; votes that appear automated or fraudulent may be removed; winners are the entries with the most valid votes when voting closes, with ties for a winning place all winning; and winners are notified by email at the address they entered. Prizes are provided by the contest's sponsor: the Company for its direct rentals, the Operator for Operator events. Void where prohibited.

5.8 Background removal and image processing. When an event uses the cut-out mode (background replacement without a green screen), the booth device separates people from the background in each photo using software that runs on the device itself. It does not identify people, recognize faces, or create or store face templates or other biometric identifiers, and no image is sent anywhere for this processing. Photo looks (such as colour correction or black and white) are simple image adjustments.

5.9 Sponsor and brand marks. A Host or Operator may add sponsor logos, or a line of text such as a website, to every photo from an event. The mark becomes part of the photo, so it appears on prints, downloads, galleries and slideshows. Whoever adds a mark confirms they have the right to use that logo or name (Section 5.5) and is responsible for any agreement with the sponsor. A sponsor mark does not mean the Company endorses the sponsor, or the sponsor endorses the Company, unless stated. Guests may share their photos with the mark as they are.

Section 6: Warranties, Liability & Indemnification

6.1 Service provided "as is". TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE AND ONLINE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY DOES NOT PROMISE THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT STORED PHOTOS WILL NEVER BE LOST. Features marked beta or test may change or stop at any time.

6.2 Third-party services. The service relies on third parties, including Stripe (payments), Cloudflare (network and photo storage), email providers and Twilio (text messages). Their terms apply to their services, and the Company is not liable for their outages or acts.

6.3 Liability cap. TO THE MAXIMUM EXTENT PERMITTED BY CALIFORNIA LAW, THE COMPANY'S TOTAL LIABILITY (INCLUDING ITS OWNERS, EMPLOYEES, CONTRACTORS AND AGENTS) FOR ANY CLAIM RELATED TO THESE TERMS OR THE SERVICES IS LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE SPECIFIC BOOKING, PASS OR SUBSCRIPTION PERIOD IN QUESTION, OR, FOR SUBSCRIPTIONS, THE FEES PAID IN THE 3 MONTHS BEFORE THE CLAIM.

6.4 No consequential damages. THE COMPANY IS NOT LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR REVENUE, LOST DATA OR PHOTOS, RE-SHOOT COSTS OR EMOTIONAL DISTRESS. Nothing in this section limits liability that cannot be limited by law, such as for fraud, gross negligence or willful misconduct.

6.5 Indemnification. The Host and each Operator will defend, indemnify and hold harmless the Company, its owners and staff from claims, damages, costs and reasonable attorney fees arising from: (a) injuries at their events, including trips over properly secured cables and alcohol-related incidents; (b) content they or their guests, clients or photographers upload, including logos, music and overlays; (c) an Operator's own services to its clients; and (d) their breach of these Terms or the law.

6.6 Force majeure. Neither party is liable for failing to perform because of events beyond reasonable control, including natural disasters, extreme weather, venue power failures, internet or cloud provider outages, government action, civil unrest or transport strikes.

Section 7: Changes, Governing Law & General Terms

7.1 Changes to these Terms. The Company may update these Terms at any time by posting the new version with a new effective date. Material changes are emailed to account holders at least 14 days before they take effect. Continuing to use the services after that date means you accept the updated Terms; if you do not agree, cancel before then. Bookings already confirmed keep the terms in place when they were booked.

7.2 Notices. The Company sends notices to the email address on your account or booking. You send notices to [support email].

7.3 Relationship. Operators are independent businesses, not employees, agents or partners of the Company, and may not make commitments on the Company's behalf.

7.4 Governing law and venue. These Terms are governed by California law, without regard to conflict-of-law rules. Any dispute, mediation or small-claims filing must be brought in San Joaquin County, California. Each party may still seek urgent court relief to protect its intellectual property.

7.5 General.

• Assignment: you may not transfer your account or these Terms without the Company's written consent; the Company may assign them to a successor or affiliate, including ITPRO360 LLC.
• Entire agreement: these Terms, the Plan Details and any signed booking contract are the whole agreement and replace earlier discussions.
• No waiver: not enforcing a term is not a waiver of it.
• Severability: if any part is found unenforceable, the rest remains in force.
• Survival: payment obligations, Sections 4.1, 5, 6 and 7 survive termination.
• Electronic acceptance: clicking to accept, paying online or booking electronically has the same effect as a signature.

7.6 Third-party software and services. The software includes open-source components (a QR code generator under the MIT License, fonts under the SIL Open Font License 1.1, and MediaPipe Selfie Segmentation under the Apache License 2.0); their notices and licenses are listed at /licenses and apply to those components only. The services also rely on third-party providers, including Stripe (payments) and Cloudflare (network and photo storage), as described in Section 6.2.