If you love going to the movies, you’ve no doubt been tempted to buy a MoviePass, the card that lets you see numerous movies a month for less than the price of a single ticket.
Originally, MoviePass allowed customers to see a movie every day–though you weren’t able to buy tickets in advance, or go to special screenings like IMAX, or 3D showings. MoviePass pays theaters full price for tickets used by its customers and banks on those customers rarely using their card. Recently, bowing to financial realities, it changed its policy to four movies a month. The current deal is for a three-month membership for $9.95 a month.
But MoviePass’s official Terms of Service, last updated on March 8, still says that subscribers can see one film a day. The TOS does add that MoviePass “reserves the right to change from time to time the number of eligible movies a member can see per month.”
.@MoviePass Maybe you can explain: Your Website says 4 movies/mo for $9.95/mo. But your TOS says 1 per day. Did you forget to update your TOS? Is that possible? Which governs?
— (((DanielTerdiman))) (@GreeterDan) April 20, 2018
The question is whether that warning in the TOS means that the policy, as written on MoviePass’s site, governs the terms–or whether it needs to modify the TOS itself to specify how many films subscribers can see.
A MoviePass spokesperson tells Fast Company: “We haven’t changed our model; the 4 movies a month plan is a limited time offer promotion we are doing with iHeartRadio. We regularly introduce special offers and promotions with our partners, so the current plan with iHeartRadio is consistent with that approach. We don’t update our Terms of Service for individual promotion plans.”