Mootsh Terms of Use
Last Updated: February 15, 2025
Welcome to Mootsh. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”), including, without limitation, any request to purchase printed photos or other products (collectively, “Products”). Your purchase of any Products will also be governed by any other terms made available to you by us during the sales process. If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at:
- Email: [email protected]
These Terms of Use (the “Terms”) are a binding contract between you and Mootsh, Inc. (“Mootsh,” “we,” or “us”). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, our Privacy Policy, the Pricing List , and any other accompanying terms of sale entered into between you and us for the sale of any Products. Your use of or participation in certain Services may also be subject to additional policies, rules, and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.
Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, automatic renewals, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Will These Terms Ever Change?
We are constantly trying to improve our Products and Services, so these Terms may need to change along with them. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our website (mootsh.com), send you an email, and/or notify you by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
2. What About My Privacy?
Mootsh takes the privacy of its users very seriously. For the current Mootsh Privacy Policy, [please click here]
3. Children’s Online Privacy Protection Act
Children Under 13
The Services are not intended for children under 13 years of age. We do not knowingly collect or solicit personal information from children under 13, nor do we knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at [email protected].
Users Aged 13–17
If you are between 13 and 17 years old, you may only use the Services if your parent or legal guardian has reviewed and agreed to these Terms on your behalf. By registering for or otherwise using the Services, you represent and warrant that you meet the above age requirement and, if applicable, that you have your parent’s or guardian’s permission to use the Services.
4. What Are the Basics of Using Mootsh?
Mootsh is an online platform through which you can purchase a monthly subscription that entitles you to print photos you upload to the Services. When you sign up, you may be required to create an account, select a password and username (“Mootsh Credentials”), and provide us with certain information, such as your contact details. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Mootsh Credentials a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
Age Requirements
- You represent and warrant that you are (1) at least 18 years old, or (2) between 13 and 17 and using the Services with the express permission of your parent or legal guardian.
- If you are under 13, you may not use the Services.
Lawful Use
You will only use the Services and the Products you obtain for your own internal, personal, non-commercial use, and only in a manner that complies with all applicable laws and regulations. If your use is prohibited by applicable laws, you are not authorized to use the Services.
Account Security
You will not share your Mootsh Credentials, account, or password with anyone, and you must protect the security of your Mootsh Credentials, password, and any other access tools. You are responsible for any activity associated with your account.
5. Monthly Subscription Details
Print & Shipping Credits
- Each renewal, you receive 10 print credits and 1 shipping credit (see our Pricing List).
- One print credit covers the printing of one photo at no additional cost. Your shipping credit covers standard shipping for one order per renewal cycle.
- Any unused print or shipping credits roll over indefinitely. Currently, we do not impose an expiration date on rolled-over credits.
Monthly Reminders & Photo Upload
We will send you monthly reminders prompting you to upload your photos. You can upload up to 10 photos (or more, if you have extra or rolled-over credits). If you do not upload any photos during a given month, your credits simply roll over. There is no strict deadline to upload within the cycle, but we encourage you to upload promptly to ensure timely printing.
Skipping a Month
- You may choose to skip a month. In a skip month, you are not charged the monthly subscription fee and do not receive new credits. However, you can still access your account and upload photos; any photos you choose to print must use your existing credits or incur an overage fee if you run out.
- You cannot skip two consecutive months. You must renew and pay for at least one cycle between any two skipped months.
Extra Prints
If you want to print more photos than you have print credits (including rolled-over credits), you will be charged an overage fee per additional photo (see Pricing List). You must pay any overage fees at checkout to include those extra prints in your order.
Payment, Failed Renewals & Account Hold
- Subscription Fees will be charged to the credit card on file or any other valid payment method you provide.
- If your card is initially declined, we will retry charging it for 5 days.
- If the payment remains unsuccessful, your account will be placed on hold, and you will be notified by email with instructions on how to reactivate.
- If you have not updated your payment method or paid the overdue amount within 30 or 31 days from the first failed payment attempt, your account may be deactivated, and all accrued credits will be lost.
- If you contact us before deactivation to cancel your subscription, you will receive a 60-day grace period from your cancellation date to use any accrued credits.
Auto-Renewal & Cancellation
- Your subscription automatically renews at the end of each billing cycle unless you skip or cancel under these Terms.
- You may cancel at any time via your account settings or by emailing [email protected]. Canceling mid-cycle will not entitle you to a prorated refund, but your unused credits may be accessible until your account fully deactivates, subject to the 60-day grace period if you specifically request cancellation.
6. Photo Quality & File Requirements
- Accepted File Formats: JPG, PNG, or HEIC.
- Directly uploaded HEIC files must come from a mobile device. Desktop users must convert HEIC to JPG or PNG before uploading.
- Files below 100 KB will be rejected automatically.
- Resolution & Image Quality
- We do not manually inspect or correct underexposed, blurry, or poorly cropped images.
- Light Image Adjustments
- We may apply minimal automated filters to enhance exposure or sharpness. However, we do not guarantee perfect corrections for poor-quality uploads.
- Color Accuracy
- We strive to preserve accurate color representation, but slight variations may occur due to differences in monitors, printers, and materials.
- No Liability for Substandard Results
- If an image is low resolution, poorly cropped, blurry, or otherwise unsuitable, we are not responsible for diminished print quality.
- We do not issue refunds or reprints for quality issues caused by problems inherent to the user-submitted photo.
- No Manual Review
- We do not review every image before printing, nor do we contact you regarding potential quality issues. It is your responsibility to upload suitable images.
For more details on recommended resolutions and uploading tips, please refer to our FAQ. In the event of any conflict between these Terms and the FAQ, these Terms control.
7. Messaging
By signing up for the Services and providing a wireless number, you consent to receive communications from Mootsh (including automated texts and calls) about your account or transactions. You represent that anyone else you register or whose phone number you provide also consents. You agree to indemnify and hold Mootsh harmless from claims arising out of any alleged violation of the foregoing.
8. Allowed and Prohibited Uses
You represent, warrant, and agree that you will not provide or contribute anything to the Services that:
- Infringes any third-party intellectual property or privacy rights.
- Violates any law or regulation.
- Is dangerous, fraudulent, threatening, harassing, defamatory, obscene, or otherwise objectionable.
- Jeopardizes the security of your account or others’.
- Attempts to obtain passwords or personal information from others.
- Violates the security of any computer network or cracks passwords.
- Runs auto-responders, “spam,” or any process that interferes with the proper functioning of the Services.
- “Crawls,” “scrapes,” or “spiders” any page or data.
- Decompiles or reverse engineers any aspect of the Services or Products.
A violation of any of these restrictions is grounds for suspension or termination of your account at our sole discretion.
9. Who Is Responsible for What I See and Do on the Services?
You are responsible for all Content you contribute. We aren’t liable for errors or omissions in user-posted information or for any damages from such content. We may remove Content at any time for any reason.
The Services may contain links to third-party websites or services; Mootsh is not responsible for their content or practices. Any dispute you have with other users or third parties is between you and them—Mootsh will not be liable for such disputes.
10. Changes to the Services
We may suspend or discontinue any part of the Services, introduce new features, or impose limits on certain features at any time, with or without notice. We may also remove any Content at our discretion.
11. Shipping & Delivery
- U.S. Shipping Only
We currently ship exclusively within the United States (including U.S. territories). - Carriers & Tracking
We typically ship via USPS or UPS from California. Once a shipping label is created, we email you with a tracking number. - Processing Time
We generally process and ship orders within 2 to 5 business days after you finalize your photo uploads and pay any applicable overage fees. Delivery times can vary; we do not guarantee a specific delivery date. - Incorrect Address
You are responsible for providing a correct address. If you notice an error before the package ships, email us at [email protected]. If the package has already shipped, Mootsh is not liable for loss or misdelivery. - Lost or Delayed Shipments
Once we hand off an order to the carrier, risk of loss passes to you. Mootsh is not responsible for delays or losses caused by the carrier. If your package is lost, contact us at [email protected], and we will assist in coordinating with the carrier.
12. Returns, Refunds & Reprints
1. Satisfaction Guaranteed
We want you to love your prints. If you are unhappy with your order for any reason, please contact us at [email protected]. We will do our best to work toward a mutually satisfactory resolution, which may include reprinting your photos, providing account credits, or other remedies at our discretion.
2. Damaged or Defective Prints
- If prints arrive damaged or there is a production error (e.g., printing defects), we will offer a free reprint of the affected photos. We may require proof of the damage (e.g., photos) before reprinting.
3. User-Caused Quality Issues
- We disclaim responsibility for issues stemming from photos that are low-resolution, blurry, or underexposed. We are not obligated to offer reprints or refunds in these cases but reserve the right to do so at our sole discretion.
4. No Refunds for Non-Defective Orders
- We do not generally issue refunds for correct, undamaged orders. If you change your mind or are dissatisfied due to photo quality issues beyond our control, we are not required to issue a refund.
- Still, feel free to reach out to [email protected]; we strive to find fair solutions consistent with our satisfaction guarantee.
5. How to Initiate a Request
- Contact [email protected] with your order details and, if applicable, photos demonstrating damage or defects. We do not require a separate claim form; all requests are handled via email.
13. What If I Want to Stop Using the Services?
You may cancel your subscription at any time, as described above. Please consult our Privacy Policy to understand how we treat information after you stop using the Services. Mootsh may also terminate or suspend access to the Services or your account at its discretion for any reason, including a breach of these Terms. Account termination may result in the destruction of any Content associated with your account, so please back up anything important.
Any provisions that by their nature should survive termination (e.g., payment obligations, indemnities, disclaimers, limitations of liability, arbitration) will survive.
14. Warranty Disclaimer
THE SERVICES AND CONTENT ARE PROVIDED BY MOOTSH “AS IS,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
15. Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL MOOTSH (OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS) BE LIABLE TO YOU FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES; (B) ANY SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY; (C) ANY AMOUNT EXCEEDING THE GREATER OF ONE HUNDRED DOLLARS (USD $100) OR THE TOTAL AMOUNT PAID BY YOU TO MOOTSH FOR THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY; OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
16. Indemnity
You agree to indemnify and hold harmless Mootsh and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including attorneys’ fees) arising out of or related to (a) your use of the Services (including any actions taken by a third party using your account), (b) your violation of these Terms, or (c) your violation of any third-party right, including intellectual property or privacy rights.
17. Arbitration Agreement
Please read this section carefully. It requires you to arbitrate disputes and limits the way you can seek relief from Mootsh.
(a) Arbitration Rules & Applicability
The parties shall try to resolve disputes through good-faith negotiations. If that fails, disputes will be settled by binding arbitration in Los Angeles County, California, under the JAMS Streamlined Arbitration Rules. One arbitrator with substantial experience in commercial contract disputes shall preside.
(b) Costs of Arbitration
We pay all arbitration fees for claims under $75,000. Mootsh will not seek attorneys’ fees unless the arbitrator finds your claim frivolous.
(c) Small Claims & Injunctive Relief
Either party may assert qualifying claims in small claims court. Either party may seek injunctive or equitable relief in any court of competent jurisdiction for infringement or misappropriation of intellectual property.
(d) Waiver of Jury Trial
YOU AND MOOTSH WAIVE THE RIGHT TO A JURY TRIAL.
(e) Waiver of Class Actions
ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS, NOT A CLASS OR CONSOLIDATED ACTION.
(f) Opt-Out
You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address:
Mootsh, Inc.
Attn: Legal Department
9854 National Boulevard,
Los Angeles, CA 90034
postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.
(g) Exclusive Venue
If the arbitration clause is deemed unenforceable or you opt out, disputes shall be brought in the state or federal courts in Los Angeles County, California.
(h) Severability
If the class action waiver is found unenforceable, the entire arbitration provision is void. This arbitration section survives termination of your relationship with Mootsh.
18. Electronic Communications
By using the Services, you consent to receive certain electronic communications from Mootsh. You agree that all notices, agreements, disclosures, and other communications we provide to you electronically (via email, in-app messages, or by posting notices on our website) satisfy any legal requirement that such communications be in writing. If you do not wish to receive electronic communications, please do not use the Services.
19. California Consumer Notice
Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:
- Pricing Information: Current subscription fees, extra print fees, and other pricing details are included in our Pricing List .
- Complaints: If you have a complaint regarding the Services or desire further information on their use, please contact us at [email protected]. We will respond promptly.
- Additional Assistance: You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952‑5210.
20. Miscellaneous
You are responsible for paying all taxes associated with your use of the Services. Our failure to exercise or enforce any right does not waive that right. If any provision of these Terms is found unenforceable, it will be limited or eliminated to the minimum extent necessary. These Terms are the complete and exclusive statement of the mutual understanding between you and Mootsh, superseding all prior agreements relating to the Services. You acknowledge that you are not an employee, agent, partner, or joint venture of Mootsh and do not have authority to bind Mootsh. Except as expressly stated in the arbitration section, there are no third-party beneficiaries to these Terms.
21. Gift Cards / Gift Memberships
- Purchase and Redemption
- Mootsh may offer electronic gift cards or gift memberships (“Gift Cards”) that can be redeemed for a specified membership duration (e.g., 3, 6, or 12 months).
- Gift Cards are delivered electronically (via email) to the designated recipient on the date specified by the purchaser.
- No Expiration of Unredeemed Gift Cards
- Under California law, and in keeping with our policy, unredeemed Gift Cards do not expire. Once a Gift Card is redeemed, the gift membership runs for the duration purchased, after which it ends unless the recipient elects to continue with a paid subscription.
- Restrictions
- Gift Cards cannot be redeemed for cash, except as required by law.
- Gift memberships are available only if the recipient has a U.S. shipping address.
- No Cancellation by Recipient
- Recipients of Gift Cards cannot cancel or pause the gift membership before its scheduled expiration. However, any unused print or shipping credits roll over monthly until the membership term ends.
- Non-Refundable
- Gift Cards are non-refundable once purchased.
- Mootsh is not responsible for lost, stolen, or misused Gift Cards, nor for unauthorized third-party use.
6. Pricing for Extra Prints & Shipping
- Once a gift card is redeemed, the recipient is a Mootsh member and is subject to the same pricing rules as all other members.
- If a gift recipient runs out of print or shipping credits, they must pay the same standard rates for extra prints ($0.85 each) and additional shipments ($5.00 per order).