Terms and Conditions
Last updated: April 18, 2024
Terms of Use
Boom Vision Company Inc., a corporation with a registered office located at 34 Downpatrick Crescent, Etobicoke, Ontario, M9R 4A4, (“Boom”) offers a subscription service that allows users to access our Application, Services, and Content (all defined below) via the internet and personal computer.
These Terms of Use (“Terms”) govern your use of our Application, Services, and Content. If you have any questions, complaints, or need more information about these terms, our Application, our Services or our Content, please contact us at support@boomvision.co.
TLDR/Table of Contents
(This TLDR section is only a summary, please read each paragraph in its entirety below to fully understand your rights and obligations).
Definitions
Applicability: You agree to these Terms by using the Application, Services or Content. Boom can unilaterally change these Terms at any time (with notice if you have an account), a User can not change these Terms unless the changes are agreed to in writing by Boom.
Accounts and Obligations: Users must create an account before using the Application, Services, or Content. Users must provide Boom with accurate information and protect the security of their account. Boom can refuse an account to anyone without explanation.
Usage, Maintenance and Support: Boom may occasionally make changes to the Application, Services, or Content. Boom may also cause occasional interruptions to the Application, Services, or Content. Boom is not liable for changes or pauses of service.
Plans: Plans are billed on a yearly basis in advance. There are no refunds for cancelling.
Liability: Boom is not liable for any damages except in cases of intentional misconduct or gross negligence by Boom or its affiliates.
Term and Termination: These Terms remain in effect until the User's account is terminated or for non-account users, when they stop using the Application, Services, and Content.
Intellectual Property Rights and License: All intellectual property rights related to the Application, Services, and Content remain with Boom
Force Majeure and Obligations: Neither party is responsible for failing to perform its obligations if the failure is due to an uncontrollable event (Force Majeure).
Confidentiality/Data Protection: Users must not share Boom's confidential information without Boom’s written consent, except as allowed by law or court orders.
Miscellaneous
1. Definitions
Account: A registered user profile on the Application;
Application: Boom’s website (getboom.app) or macOS app that provides Services to users;
Business Day: Any weekday (excluding Saturday and Sunday) when banks in Toronto, Canada are open;
Business User: A user registered on behalf of a company or legal entity;
Consumer: A natural person using the Application, Services, and Content for personal, non-commercial purposes;
Content: Any information, documents, or materials available, created, or amended through the Application or provided by Boom;
Day: A calendar day;
End User Licence: The license governing the use of the Application, Service, and Content;
Force Majeure: Events beyond Boom’s control, like natural disasters, riots, epidemics, government actions, and other business disruptions that prevent Boom from fulfilling its obligations;
Intellectual Property Rights: Rights in creative works and inventions, like copyrights, patents, trademarks, whether registered or not and all other industrial, commercial or intellectual property rights existing in any jurisdiction, including any applications for such rights;
Parties: Refers to Boom and the User together;
Party: Refers to either Boom or the User individually.;
Plan: Subscription plans offered by Boom for using the Application, Services, and Content;
Services: Functionality provided through the Application, including access to the Content; support services related to the Application and Content, and any other functionality or support Boom offers or may offer otherwise;
Boom Content: Content provided by Boom to Users;
Terms: These terms of use; and,
User(s): Anyone who uses the Application, Services, and Content;
2. Applicability
2.1. Acceptance of Terms: By using the Application, Services, Content, or activating an Account, the User agrees to these Terms, which include all specified rights and obligations.
2.2. Scope of Terms: These Terms govern the use of the Application, Services, and Content as well as any offers, proposals, and agreements between the User and Boom.
2.3. Additional Conditions: Some Services may have additional terms, which Boom will provide in advance. If there is a conflict, the additional terms will take precedence.
2.4. Deviation from one or more provisions of these Terms or any applicable Additional Conditions, is only possible when this has been explicitly agreed in writing by Boom with reference to the clause of the Terms or Additional Conditions from which the deviation is intended, in which case such deviation has precedence.
2.5. Changes to Terms: Boom can change or add to these Terms or any Additional Conditions at any time. Changes apply immediately if you don’t have an Account, or upon notification if you do. Minor changes, by Boom like corrections, can be made without prior notice, and are effective immediately. Users can terminate their account if they disagree with the changes. A User may not make changes to these Terms or any Additional Terms without first obtaining Boom’s written consent.
2.6. Exclusivity: No User terms and conditions apply unless explicitly agreed in writing by both parties.
3. Accounts & Obligations
3.1. Account Creation: Users must first complete the signup process and create an account to use the Application, Services, and Content.
3.2. Account Approval: Boom has the right to refuse account creation or access to its Application, Services, and Content without explanation.
3.3. User Responsibilities: Users are responsible for their use of the Application, Services, and Content and must:
(a) Follow the terms and any additional conditions;
(b) Adhere to all Boom's instructions related to the Application, Services, and Content;
(c) Comply with all applicable laws and regulations; and,
(d) Avoid using the Application, Services, and Content in ways that could harm Boom, third parties, or violate Boom’s or any third party’s rights.
3.4. Account Information: Users must ensure all information provided to Boom, including payment details, is accurate and updated as necessary.
3.5. Technical Requirements: Users are responsible for meeting the necessary technical requirements to access their account and use the Application, Services, and Content.
3.6. Usage Responsibility: Users are responsible for all activities conducted through their account or on their devices.
3.7. Account Security: Users must keep their account details, including passwords, secure and confidential. If unauthorized access occurs, they should promptly inform Boom, change their password, and assist Boom in addressing the issue.
3.8. User Type: All users are considered Consumers unless they register as a Business User. To register as a Business User, a User must declare this during initial registration, update their account details through the Application, or contact Boom at support@boomvision.co.
4. Usage, Maintenance, & Support
4.1. Maintenance: Boom may occasionally shut down all or part of the Application, Services, and Content for maintenance. Boom will try to minimize the downtime.
4.2. Changes to Service: Boom can change, pause, or stop access to the Application, Services, or Content at any time without prior notice.
4.3. Service Adjustments: Boom may change, restrict, start charging for, or stop any part of the Application, Services, or Content whenever they choose. Users will not be charged without their agreement.
4.4. Software Updates: Boom may update the software used to provide the Application, Services, and Content. Boom will notify users about the availability of new versions.
4.5. Boom may choose to, but is not required to:
(a) Update or add specific features to the Application, Services, or Content for individual users.
(b) Guarantee that current services or functionalities will work in new or updated versions of the Application, Services, or pubContent
4.6. No Liability for Changes: The User acknowledges that Boom is not liable for any changes, pauses, or discontinuations of the Application, Services, or Content as outlined in previous clauses.
4.7. Updates: Any updates or upgrades to the Application, Services, and Content will be governed by these Terms, and if accompanied by separate license terms, those terms will apply as Additional Conditions.
4.8. Unless explicitly stated otherwise, the Application, Services, and Content are provided "as-is" without any warranties. Boom does not guarantee:
(a) That the Application will be free from bugs, viruses, or other defects.
(b) Continuous, uninterrupted operation.
(c) Suitability for any specific purpose or compatibility with any particular system.
(d) Complete inclusion of functionalities described in documentation.
(e) Non-infringement of third-party rights.
(f) Timely adaptation to legislative or regulatory changes
4.9. Backups: Boom is not required to back up or recover any content or data, including user content that is corrupted or lost, unless the law specifically requires it.
4.10. Subcontractors: Boom can assign parts of its services to its affiliates and other third-party companies.
4.11. Security Measures: Boom commits to securing data transfers and maintaining a secure web and macOS environment.
5. The Plans
5.1. Boom offers various subscription plans for using its Application, Services, and Content, which can change over time. Please visit our pricing page for plan details.
5.2. Billing: Subscription plans are billed yearly in advance, a receipt will be emailed to the email address registered to the User’s account when the User has been billed. A User may cancel its subscription anytime without notice. Refunds will not be issued to Users who cancel their subscriptions prior to the one year period expiring. Despite cancelling, a User may still access the Application, Services, and Content until the User’s one year subscription has expired. Boom may cancel a User’s subscription with one month’s notice. In the event Boom cancels a User’s subscription, Boom will provide the User a prorated refund unless the User has violated these Terms or any Additional Conditions.
5.3. Renewal: Subscription plans will automatically renew each year, a receipt will be emailed to the email address registered to the User’s account when the User has been billed. A user may prevent a renewal by cancelling its subscription prior to the renewal date.
5.4. Subscription Commencement: A paid subscription starts when a User accepts an offer for a paid plan by making payment. The User waives any legal cooling-off period rights.
5.5. Plan Changes: If applicable, Users can upgrade or downgrade their plan at any time through the Application. Upgrades take effect immediately, while downgrades take effect at the end of the current subscription period.
5.6. No Cooling-off Period: Consumers acknowledge and agree that they waive the right to cancel any subscription (new or renewal) during the cooling-off period.
5.7. Fees and Changes: Boom lists the fees for its various plans and services on its website, including sales tax, if applicable, and can change these fees anytime. For ongoing paid plans, fee changes take effect at the start of the next subscription period, except for changes to sales tax, which are effective immediately. Users are notified in advance about any fee changes.
5.8. Duty to Notify: The User must promptly inform Boom of any errors in the payment details provided.
6. Liability
6.1. Limitation of Liability: Boom is not liable for any damages, losses, or costs related to the use of its Application, Services, and Content, except in cases of intentional misconduct or gross negligence by Boom or its affiliates.
6.2. Specific Exemptions: Boom is not liable for damages resulting from:
Incorrect or illegal content used or disclosed by the User;
User’s non-compliance with the Terms, Additional Conditions, or instructions from Boom;
Inaccurate or unreliable information provided by the User; and,
Actions or failures by the User
6.3. Scope of Liability: Boom’s liability is limited to direct damages, such as:
Damage to User’s equipment directly caused by Boom's Services.
Reasonable costs incurred to mitigate such direct damages.
Costs to determine the nature and extent of the direct damages.
Boom is not responsible for indirect damages like lost profits, lost opportunities, or data corruption.
6.4. Liability Cap: If found liable, Boom’s total liability will not exceed two hundred fifty ($250.00) USD.
6.5. Indemnity: The User must compensate/indemnify Boom for any losses resulting from the User's breach of these Terms or Additional Conditions.
6.6. Claim Expiration: Any claim against Boom lapses one year after the User becomes aware or should have become aware of the basis for the claim.
6.7. Statutory Rights: These terms do not limit liability that cannot legally be limited.
7. Term & Termination
7.1. Terms Binding: These Terms are binding when a user activates an account, or when a User starts using the Application, Services, or Content.
7.2. Duration: These Terms remain in effect until the User's account is terminated or for non-account users, when they stop using the Application, Services, and Content
7.3. Termination Process: Users can terminate their accounts by emailing support@boomvision.co.
7.4. Inactive Accounts: Boom can immediately terminate accounts that do not have an active subscription and that have been inactive for over two years by emailing the User.
7.5. Breach of Terms: Boom may terminate an account if the User breaches these Terms or any Additional Conditions, unless the User remedies the breach within five days of notice. A User will not be offered a refund if its account is terminated for breaching these Terms.
7.6. Data Retention: Upon account termination, Boom is not obligated to retain any User data.
7.7. Liability: Boom is not liable for terminating an account according to these Terms or for suspending access to the Application, Services, or Content
7.8. Survival of Clauses: The following clauses will survive termination 1, 3.6, 3.7, 4.6, 4.8, 4.9,, 6, 7.6, 7.7, 7.8, 8, 10, 11.
8. Intellectual Property Rights & License
8.1. Ownership: All intellectual property rights related to the Application, Services, and Content remain with Boom or its suppliers and licensors. Nothing in these terms implies a transfer of these rights to the User.
8.2. Content Management: Boom can remove content from the Application, Services, or Content or deny access to it if required by law or if the content infringes on someone else’s intellectual property rights.
8.3. License Grant: Users are given a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Application, Services, and Content for their own business or personal use, as long as they comply with their specific plan terms. Users cannot allow others to use their account.
8.4. License Termination: The license will end immediately if the User breaches these Terms or any Additional Conditions, unless the breach is corrected promptly after Boom notifies the User. No refunds will be provided to the User in the event of a breach. The license also automatically terminates when the User or Boom closes the User's account, or when a non-account User stops using the services.
8.5. Restrictions: Users are prohibited from copying, modifying, reverse engineering, or otherwise tampering with the Application, Services, and Content. They cannot resell, lease, sublicense, or redistribute the Application, Services, and Content. Violations could lead to legal action and claims for damages.
9. Force Majeure & Obligations
9.1. Non-Responsibility for Force Majeure: Neither party is responsible for failing to perform its obligations if the failure is due to an uncontrollable event (Force Majeure).
9.2. Extended Force Majeure: If a Force Majeure event lasts more than 30 business days, Boom can terminate the affected account without owing any compensation to the user, unless prohibited by law.
9.3. Payment During Force Majeure: Even during a Force Majeure event, Boom can still require payment for services already provided under a paid plan before the event occurred.
10. Confidentiality/Data Protection
10.1. Confidentiality Obligation: Users must not share Boom's confidential information without Boom’s written consent, except as allowed by law or court orders.
10.2. Exceptions to Confidentiality: Users may disclose Boom's confidential information if:
They develop the information independently;
The information becomes public through no fault of the User;
A third party who owns the information releases it without confidentiality restrictions;
The User knew the information before using Boom’s services without confidentiality obligations; or
The User receives the information legally and without confidentiality restrictions.
10.3. Data Protection Compliance: Any processing of personal data will comply with applicable data protection laws, such as the GDPR. Business Users should refer to their organization's privacy policy for specifics on data processing. Our Privacy Policy can be found here.
10.4. Business Users and Data Processing: For Business Users, the User's organization is the data controller, and Boom acts as the data processor within the meaning of the GDPR. These Terms include/incorporate a Data Processing Agreement that specifies the roles and responsibilities for data protection.
11. Miscellaneous
11.1. Non-Waiver: If Boom doesn't enforce any part of these Terms or additional conditions, it doesn't mean it waives any rights.
11.2. Validity of Provisions: If any provision of these Terms is found to be invalid, the rest of the Terms remain valid. Boom and the User will work together to replace any invalid provision with one that is valid and has similar legal effects.
11.3. Assignment of Rights: Users cannot transfer their rights or obligations under these Terms without Boom's written approval. However, Boom can transfer its rights and obligations without User consent. If Boom does so, consumers can terminate their plans, no refunds will be offered upon termination.
11.4. Headings and Interpretation: The headings in these Terms are for convenience and don't influence their interpretation.
11.5. Grammar: Words in singular form also include the plural, and references to one gender include all genders.
11.6. Governing Law & Jurisdiction: These Terms are governed by the laws of the province of Ontario, Canada, without regard to conflict of law principles that would require the application of the laws of another jurisdiction. Applicability of the United Nations Convention on the International Sale of Goods (CISG, 1980) is explicitly excluded. The parties irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario.
