Terms & Conditions

These Terms & Conditions ("Terms") are a binding agreement between you and BrandPacks Limited ("BoothHQ", "we", "us", or "our") and govern your access to and use of the BoothHQ software-as-a-service platform, our marketing website, help centre, and related products and services (together, the "Service"). Please read them carefully. By creating an account, accepting an invitation, or otherwise using the Service, you confirm that you have read, understood, and agree to be bound by these Terms.

Acceptance of Terms

If you are using the Service on behalf of a company, organisation, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" and "your" will refer to that entity. If you do not have such authority, or do not agree to these Terms, do not use the Service.

Definitions

"Account" means the account you create to access the Service. "Customer Data" means all information, content, files, and data that you or your end-users submit to the Service, including photographs, contact details, bookings, invoices, and messages. "End User" means any individual who interacts with you via your Account, such as your clients who make bookings or receive invoices. "Subscription Fee" means the recurring fees payable for paid tiers of the Service. "Documentation" means the help centre and any printed or electronic materials we make available describing the Service.

Account registration and security

You must provide accurate, current, and complete information when you register an Account and keep it up to date. You are responsible for safeguarding your credentials and for all activity that occurs under your Account. You must notify us immediately of any unauthorised use. We may suspend or terminate any Account that we reasonably believe has been used in violation of these Terms or applicable law.

Subscription, billing, and cancellation

The Service is offered on a subscription basis. Paid plans are billed in advance on a monthly or annual cycle, as specified at checkout. Subscription Fees are non-refundable except where required by law or where we, at our sole discretion, elect to issue a refund. You authorise us (and our payment processor) to charge your chosen payment method for the applicable Subscription Fees and any taxes. If a charge fails, we may suspend access to the Service until the outstanding balance is paid.

You may cancel your subscription at any time from within the Service; cancellation takes effect at the end of the current billing period. Price changes take effect at the start of the next billing cycle after we have given you at least 30 days' notice.

Fees for payments your End Users make to you via the Service's integrated payment processor (Stripe) are handled directly between you and that processor according to their own terms; BoothHQ is not a party to those transactions.

Acceptable use

You agree not to: (a) use the Service in a way that violates any applicable law or regulation; (b) upload or distribute content that is unlawful, defamatory, infringing, harassing, or otherwise objectionable; (c) infringe any intellectual-property, privacy, publicity, or other rights of third parties; (d) attempt to reverse-engineer, decompile, or derive source code from the Service; (e) interfere with or disrupt the integrity or performance of the Service; (f) access the Service by any means other than the interfaces we provide; (g) use the Service to send spam or unsolicited messages; (h) resell, sublicense, or make the Service available to any third party except as expressly permitted by these Terms. We may remove content and suspend or terminate Accounts that violate these restrictions.

Customer Data and licence

You retain all rights in and to Customer Data. You grant us a worldwide, royalty-free, non-exclusive licence to host, copy, transmit, display, and process Customer Data solely as necessary to provide, secure, and improve the Service, comply with legal obligations, and exercise our rights under these Terms. You represent and warrant that you have all rights necessary to grant this licence and that Customer Data and your use of the Service will not violate any third-party rights or applicable law. You are solely responsible for Customer Data and for securing any consents required from your End Users.

Our intellectual property

The Service — including software, design, text, graphics, logos, trade names, and the BoothHQ brand — is owned by BrandPacks Limited or its licensors and is protected by copyright, trademark, and other intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service during your subscription and strictly in accordance with these Terms. All rights not expressly granted are reserved.

Third-party services

The Service may integrate with third-party services (including but not limited to Stripe, Google Calendar, and template libraries such as TemplatesBooth). Your use of those services is governed by their own terms and privacy policies, and we are not responsible for the availability, accuracy, or performance of any third-party service. You are responsible for any fees charged by third-party providers you choose to connect.

Suspension and termination

You may terminate these Terms at any time by cancelling your subscription and closing your Account. We may suspend or terminate your access to the Service, with or without notice, if we reasonably believe you have breached these Terms, failed to pay Subscription Fees when due, or used the Service in a manner that poses a risk to us or to other users. On termination, your right to access the Service ends and we may delete Customer Data in accordance with our Privacy Policy and retention schedule. Sections of these Terms that by their nature survive termination (including the licence grant to Customer Data, intellectual-property provisions, disclaimers, limitations of liability, indemnities, and the governing-law provisions) will so survive.

Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, AND YOU ACCEPT THE RISK OF USING AN INTERNET-DELIVERED PRODUCT. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY WHERE IT WOULD BE UNLAWFUL TO DO SO.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (a) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (b) EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (i) THE SUBSCRIPTION FEES YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (ii) ONE HUNDRED UNITED STATES DOLLARS. THESE LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Indemnity

You agree to indemnify, defend, and hold harmless BrandPacks Limited, its affiliates, and its and their officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) Customer Data; (b) your breach of these Terms or violation of applicable law; or (c) your use of the Service in a manner not authorised by these Terms. We will promptly notify you of any such claim, reasonably cooperate in the defence at your expense, and allow you to control the defence and settlement — provided that any settlement that imposes obligations on us requires our prior written consent (not to be unreasonably withheld).

Governing law and disputes

These Terms are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to its conflict-of-laws rules. Any dispute, controversy, or claim arising out of or relating to these Terms or the Service that cannot be resolved informally will be finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force at the time the notice of arbitration is submitted. The seat of arbitration is Hong Kong; the tribunal consists of one arbitrator; and the language of the arbitration is English. Nothing in this section prevents either party from seeking interim or injunctive relief in a court of competent jurisdiction.

Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will notify account holders by email or via a prominent notice in the Service and update the "Effective" date at the top of this page. If you do not agree to the updated Terms, you must stop using the Service; continued use after the effective date constitutes acceptance.

Contact us

Questions about these Terms should be directed to:

BrandPacks Limited
Unit 1603, 16th Floor, The L. Plaza
367–375 Queen's Road Central
Sheung Wan, Hong Kong
Email: [email protected]