Terms and Conditions
Last updated: August 23, 2024
Terms of Use
Boom Vision Company Inc., a corporation with a registered office located in Toronto, Ontario, Canada (“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 may change these terms from time to time.
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, and Content. Boom may also cause occasional interruptions to the Application, Services, and Content. Boom is not liable for changes or pauses of service.
Plans: Boom offers free, monthly, yearly, and lifetime plans. 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, or 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, or 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. Modifications to these terms: 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: We may update these terms from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. The most current version will always be available here. We encourage users to review this these terms periodically.
If we make material changes to these terms, account holders will be notified by email (sent to the email address specified in your account) or by means of a notice on our website at least 15 days prior to the change becoming effective.
If you object to any changes, you may terminate (without refund) your account within the 15-day notice period. Continued use of the Services after the effective date of any changes will constitute acceptance of the revised terms.
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, or Content.
3.2. Account Approval: Boom has the right to refuse account creation or access to its Application, Services, or 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 ensuring that their systems meet 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.
3.9 Version Updates: User are responsible for ensuring they are using the most recent version of the Application, Services, and Content. Failure to update may result in a lack of access to certain features or support services.
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 Content. For clarity, Boom only provides support for the most recent version of the Application, Services, and Content. Users are responsible for ensuring they are using the latest version to receive support.
4.6 Minimum Requirements: Boom’s Application, Services, and Content require the User to meet/satisfy minimum requirements. These minimum requirements may change from time to time at Boom’s discretion. Current minimum requirements can be found here.
4.7. 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.
4.8. 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.
4.9. 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
4.10. 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.
4.11. Subcontractors: Boom can assign parts of its services to its affiliates and other third-party companies.
4.12. 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, including free, monthly, yearly, and lifetime plans. Plan details and availability may change over time. Please visit our pricing page for plan details.
5.2. Billing: Subscription plans are billed either monthly, yearly in advance, or as a one-time payment for lifetime plans. Free plans do not incur any charges. 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 at any time without notice. Refunds will not be issued to Users who cancel their subscriptions. Despite cancelling, a User may still access the features associated with the cancelled subscription until the User’s subscription period 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, excluding free and lifetime plans, will automatically renew each month or year, depending on the plan selected. A receipt will be emailed to the email address registered to the User’s account when the User has been billed. Users may prevent a renewal by cancelling their 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. Free plans commence upon account creation. The User waives any legal rights to a cooling-off period.
5.5. Plan Changes: If applicable, Users can upgrade or downgrade their plan at any time. Upgrades take effect immediately. In the event of an upgrade, the User will be immediately charged the difference between the cost of the former plan and the new plan the User has subscribed to. Downgrades take effect at the end of the current subscription period. In the event of a downgrade, the User will be charged the price of the new plan at the beginning of the next billing period. Users switching from lifetime plans will first need to cancel their plan subscription(no refunds will be provided for such cancellations) and then subscribe to their new plan of choice.
5.6. Lifetime Plans: Users who purchase a lifetime plan will have access to the Application, Services, and Content for the duration of Boom's existence, subject to the following conditions:
a) Boom reserves the right to modify, limit, or discontinue lifetime plan features at its discretion with reasonable notice to Users.
b) Lifetime plans provide perpetual access to the core features of the Application, Services, and Content as defined at the time of purchase. However, these plans do not include:
1. Features or functionality that require the use of artificial intelligence (AI) technologies;
2. Server-side processing capabilities that may incur ongoing costs to Boom;
3. Future major upgrades or new features that significantly expand the scope of the original offering; and,
4. Any third-party integrations or services that involve recurring fees
Boom reserves the right to offer these excluded features as separate, paid add-ons to lifetime plan holders. Boom will maintain support and updates for the features included in lifetime plans for as long as the product exists, subject to reasonable technical and economic feasibility.
c) Boom will provide support for lifetime plans only on the most current version of the Application, Services, and Content.
d) If Boom discontinues the product or service associated with the lifetime plan, it will provide Users with at least 90 days' notice.
e) The transfer or resale of lifetime plans is prohibited unless explicitly authorized by Boom.
h) Boom reserves the right to impose reasonable restrictions on the use of lifetime plans to prevent abuse or excessive use that may negatively impact service quality for other Users.
5.7. No Cooling-off Period: Users waive any legal rights to a cooling-off period for subscriptions (new or renewal).
5.8. 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.
5.9. 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: To the extent permitted by applicable law, if Boom is found liable for any damages, Boom's total aggregate liability for all claims arising out of or related to these Terms, any additional terms, the Application, Services, and Content, regardless of the form of action, whether in contract, tort, or otherwise, shall not exceed the greater of:
a) the amount paid by you to Boom for use of the Application, Services, and Content in the 12 months immediately preceding the event giving rise to the claim; or
b) two hundred fifty Canadian dollars (CAD 250.00) or its equivalent in your local currency at the time of the claim.
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.
7.9 Lifetime Plan Termination: Boom reserves the right to terminate lifetime plans in the event of service discontinuation or under extraordinary circumstances. In such cases, Boom will provide Users with at least 90 days' notice.
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. Users cannot give others access to their login and account details.
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.
