Terms of Service

• "Event Operator" or "Operator" — a registered user who creates events, configures photo booth settings, and manages photo sessions through the YayPeng iPad application.
• "Guest" — an individual who uses a YayPeng photo booth at an event hosted by an Operator to take photos and optionally receive them via email.
• "Session" — a single photo booth interaction, from guest registration through photo capture, strip rendering, and optional email delivery.
• "Photo Strip" — the composite image rendered from individual photos captured during a Session, arranged according to the Operator's chosen template.
• "Passcode" — a unique 6-digit code generated for each Session and delivered via email, required to unlock photos on the web download page.

To register as an Event Operator, you must be at least 18 years of age and have the legal capacity to enter into binding agreements. By creating an account, you represent that you meet these requirements.

Operator accounts are authenticated through Clerk, our third-party authentication provider. You are responsible for maintaining the security of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

We reserve the right to refuse registration, suspend, or terminate any account at our sole discretion, with or without cause.

YayPeng provides the following capabilities:

• Photo booth application — an iPad-native application that captures photos using the iPad's built-in camera or a connected USB camera, with auto-capture countdown functionality.
• Template engine — tools for customizing photo strip layouts with branding, colors, fonts, logos, and multiple photo arrangements.
• Email delivery — automated delivery of photo strips to guest email addresses with secure passcode access.
• Web download page — a passcode-protected web page where guests can view and download their photo strips.
• Event dashboard — real-time statistics and session management for Operators.
• Kiosk mode — a PIN-locked mode that restricts the iPad to the photo booth experience, preventing guests from accessing other apps or settings.

As an Event Operator, you agree to:

• Obtain proper consent — ensure that all guests using your booth are informed about photo capture and data collection. YayPeng provides a built-in privacy consent screen, but you are ultimately responsible for compliance with applicable privacy laws at your event.
• Supervise minors — if minors under the age of 13 will use the booth, ensure that a parent or legal guardian provides consent on their behalf. You are solely responsible for verifying parental consent in these situations.
• Use the Service lawfully — not use the Service for any unlawful purpose or in violation of any applicable laws, including but not limited to privacy laws such as GDPR, CCPA, and POPIA.
• Respect guest privacy — not misuse, redistribute, or commercially exploit guest photos or personal information obtained through the Service beyond the scope of the event for which they were captured.
• Provide accurate event information — ensure that event names, dates, and branding do not infringe on third-party trademarks or intellectual property rights.

As a Guest using a YayPeng photo booth, you acknowledge that:

• By consenting at the booth and providing your email address, you agree to receive a single photo delivery email from YayPeng containing your photo strip, passcode, and download link.
• Your photos will be available for download for a limited period (30 days from session completion). After this period, photos are permanently deleted.
• Your personal information (name, email, phone) will be automatically deleted 90 days after your session, as described in our Privacy Policy.
• The passcode sent to your email is required to access your photos on the web download page. You are responsible for keeping this passcode secure. We cannot reissue passcodes.
• You may request early deletion of your data by contacting us at privacy@theoyinbooke.com.

You agree not to use the Service to:

• Capture, store, or distribute content that is illegal, obscene, defamatory, threatening, harassing, or that violates the rights of any third party.
• Impersonate any person or entity, or falsely claim affiliation with any person or entity.
• Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service.
• Interfere with or disrupt the Service, servers, or networks, including introducing malware, viruses, or other harmful code.
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service or any related technology.
• Use the Service to send unsolicited communications (spam) or for any mass data collection purpose.
• Circumvent or attempt to circumvent the passcode protection system through automated means, brute force, or any other method.
• Use the Service in a manner that could damage, disable, overburden, or impair any server or network connected to the Service.

Violation of this Acceptable Use Policy may result in immediate termination of your account and access to the Service.

7.1 Our Intellectual Property

The Service, including its design, code, branding, logos, user interface, and documentation, is the property of TheOyinbooke and is protected by copyright, trademark, and other intellectual property laws. The YayPeng name, penguin logo, and associated visual identity are trademarks of TheOyinbooke.

You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent. You may not use our trademarks in any manner that could cause confusion or imply endorsement without permission.

7.2 Your Content

Photos captured through the Service are your content. Operators retain all rights to photos captured at their events, and guests retain their personal right to photos in which they appear.

By using the Service, you grant us a limited, non-exclusive, royalty-free license to process, store, render, and transmit your photos solely for the purpose of providing the Service (rendering strips, delivering emails, hosting the download page). This license terminates automatically when your content is deleted according to our retention schedule.

We do not claim ownership of your photos and will never use them for marketing, advertising, training, or any purpose other than delivering the Service to you.

7.3 Operator Branding

Operators may upload logos and configure branding for their events. By uploading a logo or branding assets, you represent that you have the rights to use those assets and that they do not infringe on any third-party intellectual property rights. You are solely responsible for the content of your branding materials.

All photo data and guest personal information are subject to automatic deletion as described in our Privacy Policy:

• Raw individual photos: deleted 7 days after session completion.
• Rendered photo strips: deleted 30 days after session completion.
• Guest personal information: scrubbed 90 days after session completion.

We are under no obligation to maintain, store, or provide access to any content or data beyond these retention periods. It is your responsibility to download and save photos before they expire.

We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will make reasonable efforts to notify Operators of material changes that affect their use of the Service.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free.
• Photos will be captured, rendered, stored, or delivered without errors or data loss.
• Emails will be successfully delivered to all recipients (delivery depends on third-party email providers and recipient inbox settings).
• The Service will be compatible with all devices, cameras, or network configurations.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THEOYINBOOKE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US, IF ANY, FOR ACCESS TO THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

You agree to indemnify, defend, and hold harmless TheOyinbooke and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use or misuse of the Service.
• Your violation of these Terms.
• Your violation of any applicable law or regulation, including privacy laws.
• Your failure to obtain proper consent from guests or third parties.
• Content you create, upload, or distribute through the Service, including logos and branding materials.

You may stop using the Service and delete your account at any time by contacting us. We may terminate or suspend your account and access to the Service at any time, with or without cause, and with or without notice.

Upon termination:

• Your right to access and use the Service will immediately cease.
• Any data associated with your account will be handled according to our standard retention schedule and Privacy Policy.
• Provisions of these Terms that by their nature should survive termination will survive, including Sections 7 (Intellectual Property), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), and 15 (Governing Law).

The Service integrates with third-party providers (Clerk, Convex, Resend, Vercel). Your use of these providers is subject to their respective terms of service and privacy policies. We are not responsible for the practices or availability of third-party services.

Links to third-party websites or resources that may appear in the Service are provided for convenience only. We do not endorse and are not responsible for the content, products, or services offered by third parties.

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If a resolution cannot be reached within 30 days, either party may pursue binding arbitration or legal proceedings in the courts of Nigeria.

We may revise these Terms from time to time. When we make material changes, we will update the "Last updated" date at the top of this page and, where feasible, provide advance notice to registered Operators via email or in-app notification.

Your continued use of the Service after revised Terms are posted constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service and delete your account.

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and TheOyinbooke regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.

If you have questions about these Terms, please contact us: