# General Terms and Conditions

1. Scope

These General Terms and Conditions apply to all contracts concerning the use of the "Boothy" software between the provider and the licensee.

2. Subject Matter of the Contract

The subject matter of this contract is the provision of the "Boothy" software for non-exclusive use in operating a photo booth.

3. Scope of Services

(1) The provider shall make the "Boothy" software available to the licensee in the version current at the time of purchase.

(2) The software is provided "as is." No warranty is given for error-free or uninterrupted operation.

4. Rights of Use

(1) The licensee receives a non-exclusive, non-transferable right to use the software on the licensed number of devices.

(2) Reverse engineering, decompilation, and disclosure of source code are prohibited.

(3) Passing on the software to third parties is not permitted without express written consent.

5. Obligations of the Licensee

(1) The licensee is responsible for providing compatible hardware and a stable internet connection.

(2) The licensee is the data controller within the meaning of the GDPR and must obtain the consent of data subjects for image capture and processing.

(3) The licensee may not use the software for unlawful purposes.

6. Limitation of Liability

(1) The provider shall not be liable for indirect damages, loss of profit, data loss, or damages caused by failures of third-party services.

(2) Liability for gross negligence and intent, as well as for personal injury, remains unaffected under statutory provisions.

7. Backend Services

Backend services are provided on a best-effort basis. No guaranteed availability is warranted. Maintenance work may temporarily restrict access.

8. Changes to These Terms

The provider reserves the right to amend these Terms with reasonable prior notice. Continued use after the amendments take effect constitutes acceptance.

9. Governing Law and Jurisdiction

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is the provider's registered place of business, to the extent legally permissible.

10. Final Provisions

Should individual provisions of these Terms be invalid, this shall not affect the validity of the remaining provisions.