๐Ÿ‡ฎ๐Ÿ‡น Versione italiana

Terms of Service and License Agreement (EULA)

Version 1.2 โ€” Effective from October 20, 2026 (for licenses already active: from November 20, 2026)

Please read this document carefully before installing or using PartyBooth AI. By accepting on the first start of the program, you agree to these terms in full.

1. Definitions

2. License Grant

PartyBooth AI grants the Operator a non-exclusive, non-transferable, revocable license to install and use the software on the number of devices specified in the purchased plan.

The AI effects form a continuously evolving catalogue. The Supplier may add, improve, replace or remove individual effects to maintain and raise the quality of the service, at no additional cost to the Operator. No single effect is guaranteed to be permanent; what is provided is access to the collection of effects (and any purchased packs), which the Supplier keeps overall equivalent or superior in quantity and quality. The evolution of the catalogue is normal product maintenance and does not constitute a lack of conformity.

3. Operator Responsibilities

The Operator is solely responsible for the use of the software at their events. In particular:

4. Third-party AI Providers and EU AI Act

The software uses third-party AI providers to process images. Currently used providers are:

Images transmitted to these providers are processed according to their respective policies and may be subject to US law. The Operator is responsible for informing guests of such transfers.

The software employs generative artificial intelligence systems to modify images of human faces and produce synthetic content. Pursuant to EU Regulation 2024/1689 (AI Act) and the related transparency rules for AI-generated or AI-modified content, the Operator undertakes to clearly and proactively inform guests that their images are processed by AI systems, by displaying suitable notice at the event. Generated content may exhibit alterations of likeness, artefacts or unrealistic outputs: this is an inherent characteristic of the technology and does not constitute a software defect.

5. Prohibited Content

It is prohibited to use the software to generate content that is:

The Provider reserves the right to suspend the licence in the event of verified violation.

6. Payments and Refunds

Payments are handled by Polar (Polar Software, Inc.) as Merchant of Record. Polar issues an invoice/receipt at the time of purchase. For payment disputes, contact Polar directly.

Purchased credits are non-refundable, except for malfunctions attributable to the Provider that are documented and reported within 30 days of purchase.

7. Right of Withdrawal (Consumer Customer)

Important for consumers (private individuals without VAT): under Article 59(o) of the Italian Consumer Code (Legislative Decree 206/2005), the 14-day right of withdrawal is excluded for the supply of digital content not delivered on a tangible medium, where performance has begun with the Customer's express consent and acknowledgment of loss of the right of withdrawal.

By activating the license, the Customer expressly requests immediate performance of the service and acknowledges that, once the software is activated, the right of withdrawal is lost.

The Customer retains the right to a full refund within 14 days if: the license code received has not been activated; or the software is non-functional due to causes attributable to the Provider and not resolved within a reasonable time after notification.

8. Warranties and Conformity

The Provider warrants that the software conforms to the description published on the website at the time of purchase and operates in substantial conformity with the supplied documentation, on systems meeting the indicated minimum requirements. The Provider does not warrant that the software is error-free or that it operates without interruption under all operating conditions.

Consumer Customers are entitled to the 24-month conformity warranty provided by Articles 128 et seq. of the Italian Consumer Code. The warranty does not cover malfunctions due to improper use, tampering, undocumented hardware incompatibility or third-party software interference.

9. Limitation of Liability

Except for liabilities that cannot be excluded or limited under applicable law (including the mandatory rights of Consumer Customers), the Provider is not liable for:

To the maximum extent permitted by applicable law, the Provider's total liability is limited to the amount paid by the Operator in the 12 months preceding the event giving rise to the liability. This clause does not limit or exclude the mandatory, non-waivable rights granted to Consumer Customers (including the statutory conformity warranty), nor liability for wilful misconduct or gross negligence.

10. Term and Termination

The licence is valid for the purchased period. The Provider may terminate the agreement with immediate effect in the event of breach of these terms. Upon termination, the Operator must cease using the software.

11. Changes to Terms

The Provider may update these terms with 30 days' notice by email. Continued use of the software after that period constitutes acceptance of the changes.

12. Governing Law and Jurisdiction

This agreement is governed by Italian law. For disputes with Consumer Customers, the competent court is that of the consumer's place of residence or domicile (Art. 66-bis of the Italian Consumer Code). For disputes with Business Customers (B2B), the competent court is that of Vasto (CH), Italy.

13. Binding Language

These Terms are drafted in Italian and English. Translations into other languages (e.g. French, German, Spanish, Portuguese) are provided as a courtesy: in the event of any discrepancy or ambiguity, the Italian version prevails for customers resident in the European Union and the English version prevails for customers resident outside the European Union.

Provider Information

Gian Marco Elti di Rodeano
Sole proprietor (Italian "ditta individuale")
VAT IT07626701002 โ€” Tax Code LTDGMR74M19H501W
Loc. Piana Sant'Angelo c/o C.C. Insieme, San Salvo (CH) 66050 โ€” Italy
Email: info@partybooth.ai
Certified email (PEC): Gianmarcoeltidirodeano@pec.it


Privacy Policy

Pursuant to EU Regulation 2016/679 (GDPR)

Data Controller

Gian Marco Elti di Rodeano โ€” sole proprietor
VAT IT07626701002 โ€” Tax Code LTDGMR74M19H501W
Loc. Piana Sant'Angelo c/o C.C. Insieme, San Salvo (CH) 66050 โ€” Italy
Privacy email: privacy@partybooth.ai
Certified email (PEC): Gianmarcoeltidirodeano@pec.it

Data Processed and Purposes

Operator as Controller for Guest Data

Important: Guest images processed during events are personal data for which the Operator is the Data Controller. PartyBooth AI acts as Data Processor on behalf of the Operator. It is the Operator's sole responsibility to inform guests and collect any necessary consents. Processing on behalf of the Operator is governed by the Data Processing Agreement (DPA).

International Data Transfers

Images processed by AI are transmitted to providers in the USA (fal.ai, Replicate, Google, OpenAI, xAI, Anthropic). Such transfers take place on the basis of GDPR safeguards (Standard Contractual Clauses or adequacy decisions). The Operator is responsible for informing guests of such transfers.

Retention

AI logs are retained for 12 months. Account data is retained for the duration of the contract + 10 years (Italian tax obligations). Guest images are not retained by PartyBooth AI beyond the time required for AI processing; photos optionally uploaded for QR sharing are stored on Cloudflare R2 only for the time strictly required for guest access and are deleted thereafter. Photos of the projection in the venue are kept only for the duration of the projection (at the latest two days, if the program closes abnormally).

Data Subject Rights

Operators have the right to access, rectify, erase, restrict and port their personal data. To exercise these rights: privacy@partybooth.ai or via certified PEC at Gianmarcoeltidirodeano@pec.it. If unsatisfied with our response, you may lodge a complaint with the Italian Data Protection Authority (gpdp.it) or your local supervisory authority.


PartyBooth AI โ€” Gian Marco Elti di Rodeano โ€” VAT IT07626701002  ยท  ๐Ÿ‡ฎ๐Ÿ‡น Italiano  ยท  info@partybooth.ai