This Purchase Agreement (“Agreement”) governs the purchase of BuzzyBooth hardware, software subscriptions, and related services from BuzzyBooth LLC, doing business as BuzzyBooth (“BuzzyBooth,” “we,” “us,” or “our”).
By placing an order, submitting payment, or purchasing BuzzyBooth products or services, the business or individual making the purchase (“Client,” “you,” or “your”) agrees to this Purchase Agreement, the BuzzyBooth Terms of Use, and the BuzzyBooth Privacy Policy.
1. Orders and Acceptance
By submitting an order, Client confirms that all information provided during checkout is accurate and that Client is authorized to make the purchase on behalf of the applicable business.
BuzzyBooth reserves the right to accept or decline an order.
An order is considered accepted once payment has been successfully processed, subject to completion of the mandatory pre-shipment fit review described below.
2. Mandatory Pre-Shipment Fit Review
Before BuzzyBooth ships any hardware, Client is required to schedule and complete a fit-review call with the BuzzyBooth team.
The purpose of the fit-review call is to confirm that BuzzyBooth is appropriate for Client’s business, intended use, operational needs, and expectations.
BuzzyBooth hardware will not be released for shipment until the required fit-review call has been completed.
Following the fit-review call, BuzzyBooth will determine whether Client’s business is an appropriate fit for the BuzzyBooth platform and services.
If BuzzyBooth determines that Client’s business is not a suitable fit, and the applicable hardware has not yet shipped, BuzzyBooth may cancel the order and will issue Client a full refund of the amounts paid for that order.
This pre-shipment review and refund policy does not constitute a customer-initiated trial period, satisfaction guarantee, or unrestricted right to cancel an order for a refund.
Refund eligibility under this provision applies only when:
- Client has completed the required fit-review call;
- BuzzyBooth determines that Client’s business is not a suitable fit; and
- Client’s hardware has not yet shipped.
If BuzzyBooth determines that Client is a suitable fit, the order will proceed to fulfillment and shipment.
For purposes of this Agreement, hardware is considered “shipped” once it has been tendered to or accepted by the applicable shipping carrier.
3. Pre-Shipment Cancellation and Refunds
An order may be canceled and fully refunded prior to shipment if BuzzyBooth determines, following the required fit-review call, that Client’s business is not an appropriate fit for BuzzyBooth.
Client’s decision to change its mind, postpone implementation, discontinue the project, change business plans, or otherwise elect not to proceed does not independently create a right to cancel the order for a refund.
Nothing in this Agreement limits any rights or remedies that cannot legally be waived under applicable law.
4. Hardware — Final Sale After Shipment
Once BuzzyBooth hardware has shipped, the hardware purchase is final and non-refundable.
By completing the purchase, Client acknowledges that hardware may be reserved, configured, prepared, or otherwise allocated specifically for Client.
After shipment, hardware may not be returned for a refund due to circumstances including, but not limited to:
- Client’s change of mind;
- Client’s decision not to use BuzzyBooth;
- dissatisfaction with marketing or business results;
- cancellation of Client’s software subscription;
- changes in Client’s staffing, management, ownership, location, or business circumstances;
- closure, sale, relocation, or restructuring of Client’s business; or
- Client’s failure to install, activate, or use the hardware.
Cancellation, suspension, expiration, or termination of Client’s software subscription does not make shipped hardware eligible for return or refund.
Defective hardware will be handled pursuant to BuzzyBooth’s applicable hardware warranty.
5. Monthly Software Subscription
Clients selecting BuzzyBooth’s monthly software plan will be billed monthly at the price disclosed at checkout or in the applicable order form.
The monthly plan has no minimum-term commitment and will continue on a month-to-month basis until canceled in accordance with this Agreement.
Client must provide BuzzyBooth with at least thirty (30) days’ written notice to cancel a monthly subscription.
Written cancellation requests must be submitted to:
support@buzzybooth.com
Client remains responsible for all subscription charges incurred through the effective cancellation date, including charges becoming due during the required 30-day notice period.
Except where otherwise expressly provided in this Agreement or required by applicable law, previously paid subscription fees are non-refundable.
6. Annual Discounted Software Subscription
Clients selecting BuzzyBooth’s discounted annual software plan agree to an initial commitment of twelve (12) consecutive months.
The annual software subscription fee is paid annually in advance at the price disclosed at checkout or in Client’s applicable order form.
The annual plan is not payable in monthly installments unless BuzzyBooth expressly agrees otherwise in writing.
The discounted annual pricing is provided in consideration for Client’s twelve-month commitment.
Once the annual subscription begins, Client remains responsible for the full annual subscription fee regardless of Client’s actual use of the BuzzyBooth platform.
Except for a refund expressly permitted under the Mandatory Pre-Shipment Fit Review provisions of this Agreement or as otherwise required by applicable law, annual subscription fees are non-refundable after the applicable refund eligibility period has ended.
7. Annual Renewal
Unless properly canceled, the annual software subscription automatically renews for successive twelve-month terms at the annual price disclosed at checkout or in Client’s applicable order form. For the public website annual offer, that price is $2,388 per booth per year.
The annual subscription does not automatically convert to month-to-month billing.
If Client provides written cancellation notice at least thirty (30) days before the end of the current annual term, the subscription will terminate at the end of that prepaid term and will not renew.
If timely cancellation notice is not provided, the subscription will renew for another twelve-month term and the annual fee will be charged in advance.
BuzzyBooth will provide any renewal or other notices required by applicable law.
8. Cancellation
Both monthly subscribers and annual subscribers must provide at least thirty (30) days’ written notice of cancellation.
All cancellation requests must be submitted in writing to:
support@buzzybooth.com
For Clients within a twelve-month annual commitment, a cancellation request does not shorten the annual commitment or create a right to a prorated refund.
A Client who properly gives cancellation notice at least 30 days before the expiration of the annual term may allow the subscription to end when the prepaid annual term expires.
For monthly subscriptions, cancellation will become effective following the required 30-day notice period.
9. Payment and Billing
Client is responsible for maintaining a valid payment method and keeping all payment, billing, contact, and associated account information accurate and current at all times.
Client authorizes BuzzyBooth and its payment processors to charge the payment method on file for all amounts due under Client’s applicable order or subscription.
For monthly subscriptions, software fees will be charged monthly.
For annual discounted subscriptions, the entire annual software subscription fee will be charged in advance for the twelve-month term.
For both monthly and annual plans, the initial software charge occurs when BuzzyBooth staff marks the hardware delivered. Hardware is charged at checkout; software is not. Annual software fees are charged again at each annual renewal unless properly canceled.
If a payment is not successfully settled due to expiration of the payment method, insufficient funds, rejection by the payment provider, charge failure, or otherwise, BuzzyBooth may attempt to process the payment again.
If payment remains outstanding, BuzzyBooth reserves the right to suspend or restrict Client’s access to the BuzzyBooth platform and related services until all outstanding amounts, including past-due payments, have been successfully paid.
Suspension or restriction of Client’s access due to nonpayment does not constitute cancellation and does not relieve Client of any payment obligations.
To the extent permitted by applicable law, Client agrees to pay reasonable costs and expenses incurred by BuzzyBooth in connection with collecting undisputed past-due amounts, including collection agency costs and reasonable attorneys’ fees.
10. Recurring Payment Authorization
By purchasing a recurring BuzzyBooth software subscription, Client authorizes BuzzyBooth and its payment processors to automatically charge the payment method on file in accordance with the billing frequency and pricing applicable to Client’s selected plan.
This authorization continues until Client’s subscription has been properly canceled and all amounts owed to BuzzyBooth have been paid.
11. Hardware and Software Are Separate Components
BuzzyBooth hardware and BuzzyBooth software subscriptions are separate components of Client’s purchase.
Cancellation, expiration, suspension, or termination of a software subscription does not entitle Client to return shipped hardware or receive a refund for shipped hardware.
Likewise, Client’s decision not to use its hardware does not cancel or reduce any software subscription obligation previously agreed to by Client.
12. Taxes, Shipping and Other Charges
Client is responsible for applicable sales taxes, use taxes, shipping charges, duties, tariffs, or other governmental charges unless BuzzyBooth expressly states that such amounts are included in the purchase price.
Any shipping or delivery dates provided by BuzzyBooth are estimates unless expressly guaranteed in writing.
BuzzyBooth is not responsible for reasonable delays caused by shipping carriers, supply-chain disruptions, weather, government actions, labor disruptions, or circumstances outside BuzzyBooth’s reasonable control.
Client is responsible for providing an accurate and complete shipping address.
13. Hardware Ownership
Unless otherwise stated in writing, purchased BuzzyBooth hardware becomes Client’s property after BuzzyBooth receives full payment.
Ownership of physical hardware does not transfer ownership of BuzzyBooth software, applications, trademarks, designs, source code, intellectual property, or proprietary technology.
14. Hardware Warranty
BuzzyBooth hardware is subject to BuzzyBooth’s applicable hardware warranty.
For covered hardware issues, BuzzyBooth’s remedies may include troubleshooting, repair, replacement of defective components, or replacement hardware, as provided under the applicable warranty.
Unless otherwise stated in the applicable warranty, coverage does not include damage resulting from misuse, accidents, theft, loss, liquid exposure, unauthorized modification, improper installation, or ordinary wear and tear.
A warranty claim does not convert an otherwise final hardware purchase into a refundable purchase.
15. Client Responsibilities
Client is responsible for:
- using BuzzyBooth in accordance with provided instructions;
- maintaining adequate internet access and electrical power where required;
- protecting hardware from theft, damage, or misuse;
- obtaining legally required permissions and consents;
- complying with applicable marketing, privacy, consumer-protection, and communications laws; and
- supervising employees and representatives who access or use BuzzyBooth.
16. Marketing Communications and Consent
BuzzyBooth provides technology that may allow Client to collect customer information, request reviews, and communicate with customers through SMS, email, or other channels.
Client is responsible for ensuring that it has a lawful basis and any consent required to collect, use, or communicate with its customers.
Client is responsible for honoring applicable opt-out requests and complying with applicable privacy, advertising, telecommunications, and marketing laws.
17. No Guaranteed Results
BuzzyBooth provides marketing and customer-engagement technology and does not guarantee any specific business outcome.
Testimonials, case studies, return-on-investment examples, revenue examples, projections, historical customer results, and other performance examples are provided for illustrative purposes only.
Actual results may vary based on Client’s industry, customer traffic, participation, implementation, offers, location, operations, and other factors.
BuzzyBooth does not guarantee any particular number of contacts, reviews, customers, leads, reservations, bookings, social impressions, sales, or revenue.
18. Third-Party Services
Certain BuzzyBooth functionality may depend on products or services provided by third parties, including payment processors, telecommunications providers, email providers, social-media platforms, review platforms, hosting providers, artificial-intelligence providers, and other technology services.
BuzzyBooth does not control such third-party services and cannot guarantee their uninterrupted availability or continued functionality.
19. Charge Disputes
If Client believes a BuzzyBooth charge is incorrect, Client should promptly contact BuzzyBooth at:
support@buzzybooth.com
This gives BuzzyBooth an opportunity to investigate and attempt to resolve the issue.
Nothing in this provision waives any rights that cannot legally be waived under applicable law.
20. Limitation of Liability
To the maximum extent permitted by applicable law, BuzzyBooth will not be liable for indirect, incidental, special, exemplary, punitive, consequential, or lost-profit damages arising from Client’s purchase or use of BuzzyBooth products or services.
To the maximum extent permitted by applicable law, BuzzyBooth’s aggregate liability arising from the applicable products or services will not exceed the amount paid by Client to BuzzyBooth for the products or services giving rise to the applicable claim.
21. Terms of Use and Privacy Policy
Client’s access to and use of the BuzzyBooth platform is also governed by the BuzzyBooth Terms of Use and Privacy Policy.
If there is a conflict regarding purchase, billing, cancellation, refund, or hardware terms, this Purchase Agreement will control with respect to those matters.
22. Governing Law
This Agreement and any dispute arising from or relating to it will be governed by the laws of the State of California, without regard to its conflict-of-law principles.
23. Changes to This Agreement
BuzzyBooth may update this Agreement from time to time as permitted by applicable law.
Any updated version will identify its effective or “Last Updated” date.
Changes will not retroactively alter a Client’s existing fixed-term payment commitment unless permitted by the applicable agreement and applicable law.
24. Entire Agreement
This Purchase Agreement, together with Client’s applicable order form, BuzzyBooth Terms of Use, BuzzyBooth Privacy Policy, and other agreements expressly incorporated by reference, constitutes the agreement between Client and BuzzyBooth concerning the applicable purchase.
25. Contact Information
Questions regarding this Agreement, billing matters, or written cancellation notices may be directed to:
BuzzyBooth LLC Email: support@buzzybooth.com