Boom Terms & Conditions

• Boom Platform

  The Boom Platform offers various management tools for those renting out properties on a short-term basis (each, a “Property”, and collectively, the “Properties”), to guests (the “Guests”).

• Third Parties

  The Boom Platform can also be used with third-party platforms such as Airbnb (the “Third-Party Channels”). Using the Boom Platform, the Customer can also manage interactions with external third-party service providers such as housekeeping cleaners, laundry service providers, and house-key handoff services (the “Third-Party Service Providers”).

• Customer’s Account.

  Each Customer has an “Account” on the Boom Platform with which he or she can manage multiple Properties. Each Account is first and foremost accessible by the Account’s administrator (the “Admin User(s)”) and the Admin User is given access to tools for managing the Account itself. For instance, the Admin User can set up user accounts that the Admin User can assign to his or her team members so that they can manage the Properties using Boom Platform’s Property management tools.

• Add-On Services.

  The Customer may also opt to use any of our additional add-on modules such as booking website, channel manager services, accounting services, guest communication service, consulting services, etc. (the “Add-On Services”), which Add-On Services may be subject to additional terms and conditions, and in connection to which the Customer’s Account information may be shared with any third party affiliated to the Add-On Services, where applicable. The guest communication service (the “GCS”) for example is the add-on module where our guest service experts (the “GSE”) are available to assist the Customer’s Guests and prospective Guests with reservations and similar reception-related matters.

• Applying to register.

  • In order to use the Boom Platform, the Customer must apply for registration. The Customer must provide true, accurate, current and complete information in the course of the Customer’s application to register to the Boom Platform, and the Customer is fully accountable for any outcome that may result from the Customer’s failure to do so. Within the application process, Boom may request additional information, documentation and materials from the Customer, as it deems necessary, at its sole discretion.

  • Once we complete processing, evaluating and considering the Customer’s application, we will determine, at our sole discretion, whether to accept or decline the Customer’s application to register to the Boom Platform. We are not obligated to admit the Customer to the Boom Platform. The Customer will have no claim or demand against Boom in connection with any decision we may or may not make regarding the Customer’s application or admission. Our decision is final and non-contestable. If we decline the Customer’s application to register to the Boom Platform, these Terms will immediately terminate. If we believe that the registration information that the Customer provided is false or not correct, current or complete, or if we believe that the Customer has violated these Terms, we reserve the right to suspend or terminate the Customer’s application to register to the Boom Platform. However, we have no obligation to verify the accuracy, correctness, or completeness of any information that the Customer or others have provided nor are we liable for losses or any damage resulting therefrom. The customer may not hold payments that Boom is entitled to due to such action by Boom.

• Once registered.

  • If we admit the Customer to the Boom Platform, the Customer must, as a first step, create an Admin. The Admin can then create and assign multiple Admin Users to his or her team members so that they can manage the Properties using Boom Platform’s Property management tools. Each Admin User can have multiple and different types of Account permissions that the Admin is responsible for assigning. Note, however, that we are not liable for errors or mistakes made with respect to such permissions.

  • The Customer must ensure that whomever the Customer designates to use the Boom Platform as an Admin User or a User, fully complies with these Terms. The Customer is liable for all acts or omissions of the Admin Users and all Users in connection with the Boom Platform.

  • Admin and Admin Users access the Boom Platform using their Account username and password. The Customer must make sure that the Admin and Admin Users change their passwords periodically. The Admin and Admin Users must maintain the confidentiality of their account login details.

  • Boom shall not be responsible for the conduct and actions that the Admin User or Users engage in on the Account, the Customer is responsible for these actions including changes, deletion, and adding costly features.

• Integration with Third-Party Channels

  • If the Customer wishes to connect its Account to a Third-Party Channel (each such interconnection is named an “Integration”), then the Boom Platform may need to change the email or other user credential for the Customer to use with each respective Third-Party Channel. The Boom Platform will then maintain the Integration with the Customer’s account on the Third-Party Channel. To do this, the Customer may need to change the email address or other user credential that he or she has listed on the Third-Party Channel. Also, in order for the Boom Platform to operate properly, the Customer must keep its account on the Third-Party Channel connected to the Customer’s Account on the Boom Platform.

  • The Customer will have no plea, claim or demand against Boom for any loss of data, reservations or revenue due to Customer’s failure to keep his or her account on the Third-Party Channel connected to the Customer’s Account on the Boom Platform. The Customer is exclusively responsible for all consequences of such failure.

  • Once connected to an Integration, the Boom Platform automatically imports the Properties and Guest related data in the Customer’s accounts on the respective Third-Party Channel, such as listings, reservations, past Guests, etc. Boom allows you to manage future reservations (reservations that were already booked where the check-in is in the future) on the Boom Platform right away. These reservations will be charged regularly according to the terms of the Boom Contract.

  • In some cases, the Boom Platform performs the Integration using “Channel Managers”, which are subject to their own terms of use that the Customer is responsible to comply with. In those cases, we merely push the data through the relevant Channel Manager and pay the fees applicable to that Channel Manager according to the terms of the Boom Contract.

  • Boom is not liable for any problems in the Customer’s Account on a Third-Party Channel, including response rate or the account being locked out. Payments to Third-Party Channels are at the Customer’s cost and responsibility (except in case of Channel Managers, as shall be agreed upon under the Boom Contract).

• Third-Party Service Providers.

  Boom shall not be responsible for Third-Party Service Providers, any and all communications, transactions payments, and engagements with Third-Party Service Providers, are exclusively between the Customer and the relevant Third-Party Service Provider. Boom shall not screen, endorse or recommend Third-Party Service Providers and cannot confirm their professional qualifications, skills, licenses, or permits needed for their line of work, or that they are properly covered by insurance.

• Third-Party Payment Processor Services.

  Our payment process service is provided by a third party, and it is offered to the Customer on an “as-is” and “as-available” basis. Boom is not liable for any error or malfunction in such payment process service. the Customer is exclusively responsible for all tax filings and withholdings in connection with the collection of fees made through such payment process service. The Payment Processor may charge additional transaction fees for the integration with the Customer’s Boom Account. We may deduct or withhold any amounts collected through the payment process service, to the extent we determine it to be necessary.

• Service Fees.

  Use of the Boom Platform and the Add-On Services is subject to the fees at the rates, packages, schemes, amounts, overage charges, and payment cycles separately agreed upon by the Customer and the Company under the Boom Contract.

• Property booking fees.

  Fees that are contingent on Property booking fees are determined according to the Property booking fees reported to Boom by the Third-Party Channel or by the Customer. The Customer is obligated to report accurate, correct, and true information.

• Change of Fees.

  We may, from time to time, change the applicable fees, rates, packages, schemes, amounts, overage charges, and payment cycles. If we do so, we will put the Customer on notice of such changes, but we will not radically change these matters in a way that adversely affects the Customer, without obtaining his or her consent.

• Additional Fees.

  You may incur certain other fees or charges for your use of the Boom Platform and the Add-On Services (the “Additional Fees”). Any Additional Fees will be agreed upon by the Customer and Boom.

• Currency.

  Fees are chargeable in US Dollars, but we reserve the right to offer that fees be charged in other currencies. If we do so and the Customer opts to be charged in another currency, the Customer may be subject to additional exchange fees or commissions collected by the Customer’s payment method provider.

• Exchange rates.

  Exchange rates determined by a reputable third-party provider and converted with the exchange rate applicable at the time the given reservation is made and is rounded up. The Customer will have no plea, claim, or demand with respect to the exchange rate used or currency conversion performed.

• Payment Methods.

  The Customer must pay the applicable fees using one of the payment methods we support, such as a credit card. By providing the Customer’s payment information, the Customer gives his or her consent to being billed for the applicable fees, in addition to any applicable surcharges or commissions that may apply under the Customer’s agreement with his or her payment method provider. The Customer must keep the billing information that he or she provided to Boom current, complete, and accurate, and notify Boom promptly in case of any change in the billing information. The Customer will be invoiced by Boom and/or any of its subsidiaries. Payments are collected by our payment and billing service providers, and not necessarily directly by us. We are therefore not responsible for their mishandling of the Customer’s payment information or any related security breaches.

• Refunds and Set-off.

  Except if and as expressly agreed otherwise, the Customer is not entitled to any refunds or reimbursements in connection with the Boom Platform, the Add-On Services, or the applicable fees. In any event, the Customer is not entitled to a refund for partial use of the Boom Platform, any unused portion of the Boom Platform, unused features of the Boom Platform, or for any time period during which the Customer did not actually use or take advantage of the Boom Platform. Customer may not set-off or deduct amounts from fees due to Boom.

• Failure to Pay.

  Fees that we are unable to charge through the payment method the Customer provided, as well as payable fees for which the Customer has not provided a payment method, are deemed overdue. Failure to settle any overdue fee within seven (7) calendar days of its original due date constitutes a breach of these Terms, entitling Boom to suspend the Customer’s Account. Failure to settle any overdue fees within fourteen (14) calendar days of its original due date constitutes a material breach of these Terms.

• Late Payment.

  Without derogating from any other rights and remedies available to Boom under applicable law, overdue fees may accrue interest at the rate of three-quarters of one percent (0.75%) per month or part thereof, cumulative monthly on the linked capital from the due date until the date of actual payment. The Customer will reimburse Boom for all legal costs, chargebacks, chargeback fees, credit card commissions, and attorney fees we incur in the course of collecting overdue or disputed fees. The Customer shall not file a credit card charge dispute on amounts charged by Boom, and shall instead raise all such disputes directly with Boom.

• By the Customer.

  The Customer may request to terminate these Terms and the Customer’s Account by clicking the “Cancel Account” button available on the Boom Platform, or alternatively by having the Admin send an email requesting termination to our Support email address https://support.boomnow.com/en/contact. Termination will enter into effect once we complete processing the Customer’s request.If the Customer terminates the Boom Contract prior to the end of its applicable Term, then the Customer shall pay to the Company, an Early Termination Fee, equal to the amount of the Customer’s Minimum Monthly Fee (as defined in its Boom Contract) multiplied by the number of the remaining months on the applicable Term.

• By the Company.

  In addition to any remedies that may be available to Boom under any applicable law, we may promptly temporarily or permanently deny, limit, suspend, or terminate the Customer’s Account, prohibit the Customer from accessing the Boom Platform, and take technical and legal measures to keep the Customer off the Boom Platform, if we, in our reasonable discretion, determine that (i) the Customer abused the Customer’s rights to use the Boom Platform; or (ii) the Customer materially breached these Terms; or (iii) the Customer performed any act or omission which is harmful or likely to be harmful to the Company, or any other third party, including other users of the Boom Platform.

• Liability.

  We will not be liable to the Customer for terminating the Customer’s Account or access to the Boom Platform in accordance with the provisions of these Terms.

• Payments Upon Termination.

  Upon termination of the Customer’s Account, the Customer must immediately settle all due fees and payments incurred up through the effective date of termination. The Customer will fully pay all fees applicable to all Guest reservations that were confirmed after the Customer’s registration date to the Boom Platform (according to the applicable Pricing Model set forth in the Boom Contract). We may promptly charge the Customer for those fees and payments using the payment method the Customer provided.

• Customer’s Information and Data.

  We may permanently delete the Customer’s Account on the Boom Platform, including all information and data it contains. Subject to the Customer’s payment of all due fees and payments incurred up through the effective date of termination, we will export and make available to the Customer a copy of the information and data that the Customer’s Account contains, as of the effective date of termination.

• Survival.

  Provisions in these Terms that by their nature are intended to survive termination of these Terms will so survive, including the following sections: Important disclaimers, Fees, Privacy, Copyright policy Intellectual property, Termination, Disclaimer of Warranty, Limitation of liability, Indemnification, Governing law and dispute resolution, and General.

• General.

  The Customer acknowledges and agrees that all Add-On Services are not immune from errors, mistakes, and incorrect responses. The Customer is responsible to report to Boom any and all errors, mistakes, and incorrect responses he or she becomes aware of.

• Guest Communication Service (GCS).

  • The Customer may opt to use our GCS. Our GSE’s will respond to reservation inquiries and requests originating from any connected Third-Party Channels in the order which our priority system automatically determines.

  • Our GSE’s will handle tickets as follows: (i) we first try to respond to inquiries according to the information and guidelines that the Customer has provided us; and (ii) If we are unable to determine an appropriate response or solution based on that information or guidelines, we will make good faith efforts to research the answer using information publicly available online; and (iii) If we are still not able to determine an appropriate response, we will attempt to contact the Customer’s designated contact person. We will contact the designated contact person according to the priority of contact channels that the Customer has indicated. An inquiry may be submitted to Boom at any time during the day or night, and the contact person must therefore be ready, willing, and able to respond promptly at any time we contact him or her for an inquiry. The Customer acknowledges and agrees that if we are not able to get a hold of the designated contact person, or if he or she is unable to address the inquiry, we may not be able to respond to the inquiry properly and in a timely manner.

  • Cancellation of our GCS services will be subject to 30 days’ notice. Future reservations that were made before canceling the service will be charged according to the terms of the Boom Contract.

• White Labeled Guest Communication Service.

  We may also offer white labeled GCS, which we will provide subject to the restrictions and limitations specified by law. This may therefore limit the scope or types of response we are able to provide to inquiries.

• Post Booking.

  We may also offer a Post Booking service which aims to ensure that each guest is notified of how to check-in and check-out and that cleaning service is ordered for the Property after each Guest checks out. It is the Customer’s responsibility to ensure that he or she gives Boom all information needed regarding check-ins, check-outs, and cleaning service orders.

• New Add-On Services.

  The Customer may also opt to use any of our new Add-On Services suggested by Boom, where such new Add-On Services may be subject to additional terms and conditions (including additional fees that may be charged by Boom).

• We will provide the Customer technical support for questions, problems, and inquiries regarding the Boom Platform and GCS, during our regular business days and hours, and pursuant to the support scheme, hours and channels separately conveyed to the Customer.

• We will make genuine efforts to respond to the Customer’s technical questions, problems, and inquiries quickly. However, we: (i) may decline to provide such support for matters that we deem, at our sole discretion, to require unreasonable time, effort, costs, or expenses;(ii) make no warranties to any specific response-time or to the successful or satisfactory resolution of the question, problem or inquiry. Note that we may also refer the Customer to the Boom Platform’s self-help pages which provide explanatory sections about various aspects of the Boom Platform.

• The following services are provided in response to the request for support from Customer to Boom in accordance with Boom’s case management process. In addition, the documented services provided under this Agreement are hereby authorized to be conducted without prior approval from Customer. The following services are provided in response to trouble tickets from Customer to Boom or initiated by Boom support staff on an as needed basis without a specific request from Customer:

  • Corrective maintenance—Defined as activities associated with root-cause analysis and bug-fix isolation and resolution:

  • Root-cause analysis—Analysis of the root causes of problems. Problems will be reviewed to determine their root causes, measures will be taken to correct the sources of the problems, and reports will be prepared and distributed in a timely fashion.

  • Bug fixes—Defined as the emergency repair of any system operation that does not comply with the current signed and approved system specification. This includes system errors, “hung” or halted screens, or unexpected results within the system that render it unusable for the purpose for which it was designed.

• All Customer requested support services must be prioritized by the Customer; provided, however, that should the customer abuse this privilege with inaccurate priority designations on a continued basis, this shall be grounds, in Boom’s sole and absolute discretion, for the immediate termination of this Agreement by Boom upon providing written notice of termination to the Customer. It is the responsibility of the Customer to assure that users of this system prioritize accurately. Once prioritized and work is initiated, the applied priority designation cannot be revoked.

• For the purpose of this Agreement, normal business hours are between  9 am and 5pm Mondays through Friday; except for Boom documented holidays and weekends. All after hour requests will be handled with a prioritization determined by the Boomr support staff.

• Website creation services.

  If the Customer retains our website creation services, he or she acknowledges and agrees that we will not be considered the “publisher” of any content he or she provides to be posted on such website and will not be liable for any consequences arising from such content. We are also not responsible for the maintenance, uptime, and availability of such a website.

• API.

  The Boom Platform also offers API for the Customer to develop software and other services utilizing the Boom Platform’s features. The provisions in these Terms of Service apply to the APIs as they do to the Boom Platform. Any use of Boom API will be subject to Boom API T&C.

• New Features.

  The Company may offer to the Customer various new features and/or premium features to the Boom Platform that is not part of the Customer’s Boom Contract (“New Feature(s)”), provided that such new Features may be subject to additional terms and conditions (including additional fees).

• Changes; temporary suspension.

  We will make genuine efforts to notify the Customer ahead of time of any changes or temporary suspension, but cannot guarantee that we will do so. We may, at any time and without prior notice, change the layout, design, scope, features, or availability of the Boom Platform and Add-On Services. Such changes, by their nature, may cause inconvenience or even malfunctions. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT WE DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH THE INTRODUCTION OF SUCH CHANGES OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.

• Periodic Maintenance.

  We may suspend the operation of the Boom Platform or any Add-On Service, in whole, or part, for all users, or for certain users, for periodic maintenance or similar purposes.

• We may, from time to time, issue and notify the Customer of guidelines, rules, and instructions addressing, among other things, technical, business, marketing, and operational matters concerning the Boom Platform and its use. The Customer shall follow these guidelines and instructions.

• When using the Boom Platform, the Customer must refrain from (i) breaching these Terms, Boom Contract’s terms, or any other applicable rules and instructions that we may convey with respect to the use of the Boom Platform; (ii) engaging in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulations, including laws governing privacy, defamation, spam and intellectual property; (iii) interfering with, burdening or disrupting the functionality of the Boom Platform; (iv) breaching the security of the Boom Platform or identifying any security vulnerabilities in it; (v) circumventing or manipulating the operation or functionality of the Boom Platform, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Boom Platform;(vi) using or launching any automated system, including robots, crawlers and similar applications to collect and compile content from the Boom Platform; (vii) displaying the Boom Platform or any part thereof in an exposed or concealed frame, or linking to elements or portions of the Boom Platform, independently from the manner on which they originally appear or are made available through the Boom Platform; (viii) impersonating any person or entity, or making any false statement pertaining to the Customer’s identity, medical condition, agency or affiliation with any person or entity;(ix) collecting, harvesting, obtaining or processing personal information of or about other users of the Boom Platform; and/or (x) using the Boom Platform for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Boom’s endorsement, partnership or otherwise misleads others as to the Customer’s affiliation with Boom or in order to develop or create a similar or competitive service.

• Without derogating from any of the above the Customer may not post or submit any information, or use the Boom Platform in conjunction with any materials, that: (i) may infringe or violate the rights of others, including a person’s right to privacy, or otherwise cause harm to anyone; (ii) may depict or identify minors, their personal details, their address or ways to contact them; (iii) may include software viruses, spyware or any other malicious applications; (iv) may, through posting, publication, dissemination, or making available to the public, be prohibited by any applicable law, including court orders; (v) may be threatening, abusive, harassing, defamatory, libelous, vulgar, violent, obscene or racially, ethnically or otherwise objectionable; and/or (vi) may include unsolicited commercial communications (‘spam’), chain letters, or pyramid schemes.If the Customer finds any content on the Boom Platform that violates these Terms, please contact Boom at: legal@boomnow.com. We will review every request and take action as necessary.WE MAY EMPLOY TECHNOLOGICAL MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE BOOM PLATFORM. WE MAY SUSPEND THE CUSTOMER’S ACCOUNT, OR BLOCK THE CUSTOMER’S ACCESS TO, AND USE OF, THE BOOM PLATFORM, WITHOUT PRIOR NOTICE, IF WE, IN OUR SOLE DISCRETION, BELIEVE THAT THE CUSTOMER HAVE MISUSED THE BOOM PLATFORM.

• Boom’s fees do not include VAT or sales tax, or any other tax which may be applicable. If these taxes apply, the Customer will be charged accordingly, and the Customer consents to those charges.

• The Customer is solely responsible for completing and filing all tax forms, declarations, and submissions to the tax authorities as required by the tax laws applicable to the Customer and for paying all applicable taxes in connection with the Customer’s Properties and the income the Customer generates from them.

• Information and Content.

  Boom shall not be not responsible for any inaccurate, incorrect, or misleading information that the Customer, the Admin Users, or Users provide to Guests or prospective Guests. Boom shall also not be responsible for any such information that the Boom Platform or GSE’s provide to Guests or prospective Guests on the basis of information or data that originates from the Customer, Admin Users or Users, Third-Party Channels, or Third-Party Service Providers. The Customer shall be solely responsible for any content it provides, publishes, transmits, displays, or otherwise communicates through the Boom Platform and for the consequences associated with doing so.

• Third-Party Channels.

  Boom shall not be responsible for the completeness, accuracy, legality, or reliability of the data that originates or is imported from Third-Party Channels (including Property listings, reservations, rankings, past guests, communications with guests, etc.).

• Boom Platform Compliance.

  The Customer shall be the sole responsible for the Customer’s compliance, or non-compliance, with any and all requirements under any law or regulation regarding Customer’s use of the Boom Platform, the Properties, renting the Properties out, or accommodating Guests.

• Marketing Activities.

  Customers shall conduct its marketing activities in compliance with all laws and regulations on the Boom Platform and outside. Boom provides the tools to collect online consent from relevant data subjects for marketing activities. Boomshould not be liable for any failure of the Customer to comply.

• Account Data Backups.

  Although we use advanced methods to store, backup and maintain the Customer’s Account data we do so as a mere courtesy to the Customer and the Customer remains exclusively responsible for maintaining his or her backups.

• Privacy Policy.

  We respect the Customer’s privacy. Our Privacy Policy (the “Policy”), which is incorporated into these Terms by reference, explains the privacy practices on the Boom Platform. We may revise our Privacy Policy, in whole, or in part, at any time. by continuing to use Boom Platform and Boom services you agree that you have read our updated Privacy Policy and that your use is subject to it.

• Copyright policy.

  Requests to remove content due to alleged copyright infringement must be made in accordance with our Copyright Policy. After receiving a request to remove or re-post content on the Boom Platform, we will review the request and take action as necessary.

• General.

  The Boom Platform is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Boom Platform is made available for use and access, not sold or licensed.

• Exclusive Property.

  All rights, title, and interest in and to the Boom Platform, including without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets, and other intellectual property rights and any goodwill associated therewith (but excluding any content the Customer submits to the Boom Platform and any content imported from third- party sources), are the exclusive property of the Company and its licensors. This includes the Website’s design, graphics, computer code, domain name, and “look and feel”.

• Limitations.

  The Customer may not, either by itself or by a third party on the Customer’s behalf, copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human-readable form, execute publicly, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the Boom Platform or any part thereof, in any way or by any means. The Customer may not use Boom’s name, mark(s), logo(s) or domain name, or any other name, mark(s), logo(s), or domain name that is similar thereto. The Customer must refrain from any action or omission that may dilute, or damage our goodwill.

• Boom APP.

  The Customer may be able to access and use the Boom Platform through our designated mobile smartphone application (the “App”).

• Third Parties’ terms.

  The Customer’s use of the App may be subject to additional third-party terms and conditions that govern that application marketplace from which the Customer downloaded the App, such as Google Play or Amazon Appstore for Android. Those other third parties may be beneficiaries of these Terms, pursuant to those marketplace’s terms. Such other third parties are not responsible for providing maintenance and support services with respect to the App.

• Apple’s App Store.

  The following terms apply if the Customer downloaded an App from Apple’s App Store. Customer and Boom agree and acknowledge as follows:

  • These Terms are concluded between itself and us, and not with Apple Inc. (“Apple”).. Apple is not responsible for the App. In the event of a conflict between these Terms and the App Store Terms of Service then the App Store Terms of Service will prevail, solely with respect to the conflicting provisions.

  • The license granted to the Customer for the App is limited to a non-transferable license to use the App on any iOS Products that the Customer owns or controls, and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

  • The Customer acknowledges that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

  • In the event of a failure to conform to any applicable warranty (if any warranty is applicable), the Customer may notify Apple, and Apple will refund the purchase price for the App to the Customer (if the Customer paid any). To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, will not be at Apple’s responsibility.

  • Apple is not responsible for addressing any claims by the Customer or any third party relating to the App or the Customer’s possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.

  • The Customer acknowledges that in the event of any third party claim that the App or the Customer’s possession and use of the App infringe that third party’s IP Rights, Apple will not be responsible for the investigation, defense, settlement, and discharge of any such infringement claim.

  • The Customer must comply with applicable third-party terms of agreement when using the App (e.g. the Customer must not be in violation of the Customer’s wireless data services agreement when the Customer uses the App).

  • Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms. Upon The Customer’s acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against the Customer as a third party beneficiary thereof. The Customer represents and warrants that (i) the Customer is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) the Customer is not listed on any U.S. Government list of prohibited or restricted parties.

• General Amendments.

  We may revise these Terms, in whole, or in part, at any time, and from time to time. by continuing to use Boom Platform and Boom services you agree that you have read our updated Terms of Service and that your use is subject to it. In case of legal requirement or necessity, we may also introduce immediate changes to these Terms. The latest version of the Terms and its effective date will always be accessible on the Service.

• Changes to the “Fees and Payment Terms” and “Acceptable use”.

  Be advised, however, that issuance of guidelines, rules, and instructions regarding the Boom Platform (as set out in the section titled “Acceptable use” above), as well as material changes to the applicable fees (as set out in the section titled “Fees” above), are not subject to the rules on revisions to the Terms which are described in this section. Material changes on these matters will be made with notice to you, and your continued use of the Boom Platform following such changes constitutes your acceptance of those changes.

• Boom’s role.

  The Boom Platform does not manage the Properties, the Customer does. We and our personnel do not visit the Properties, or oversee the Properties in any way or manner.  We are not a real estate agent or broker, a travel agent, nor are we a provider of travel services and we do guarantee that the Customer will rent out Properties at all time or at all, we do not guarantee any expected business outcomes or earnings from using the Boom Platform.

• Our Customers’ Properties and Guests.

  Boom is not a party to any engagements, transactions or dealings between the Customer and its Guests and it shall not be responsible for: (i) the properties, their condition, quality, suitability and safety for Guests, the legality of renting them out to Guests, the maintenance of Properties or the provision or replenishment of supplies in Properties or for any thefts, break-ins or vandalism at or to the Properties, or any other conduct or misconduct taking place in the Properties; (ii) Customers’ policies regarding Guests’ use of the Property cancellation and refund policy for Guests or prospective Guests, and the legality of the policies that the Customer establishes; (iii) Customers’ insurance coverage such as for damage to Properties and Guest injuries; (iv) actions of the Customer’s Guests or prospective Guests, be it with respect to the conduct they engage in in the Properties, their failure to pay or settle amounts due, the reviews they (or anyone else) post, or any other aspect of their dealing with the Customer; (v) any injuries that Guests or other third parties sustain on the Properties.

• Boom’s Platform and Add-on Services.

  Boom does its best to have backups and provide uptime 24/7. The availability, quality, and functionality of the Boom Platform and Add-on Services depend on various factors, including software, hardware, communication networks, which are provided by third parties. These factors are not fault-free. We do not guarantee that the Boom Platform or add-on Services will operate without disruption, errors or interruptions, or that they will be accessible, or available at all times or immune from errors or glitches. We will not be held liable to the Customer for such eventualities.

THE BOOM PLATFORM AND ADD-ON SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. WE AND OUR AFFILIATES, AND OUR AND OUR AFFILIATES’ EMPLOYEES, DIRECTORS, OFFICERS, SUBCONTRACTORS, AGENTS AND REPRESENTATIVES (COLLECTIVELY, “PERSONNEL”) DISCLAIM ALL REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE BOOM PLATFORM AND ADD- ON SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON- INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY, ACCURACY, ENHANCED GOODWILL OR EXPECTED BENEFITS.NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE BOOM PLATFORM AND ADD-ON SERVICES, WHETHER OR NOT MADE BY ANY OF OUR PERSONNEL, WHICH IS NOT EXPRESSLY CONTAINED IN THESE TERMS, SHALL BE DEEMED TO BE A WARRANTY BY US, OUR AFFILIATES, OR THE PERSONNEL FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF OURS, OUR AFFILIATES, OR THE PERSONNEL WHATSOEVER.ALL OF THE DISCLAIMERS CONTEMPLATED UNDER THIS TERMS INCLUDING THE DISCLAIMERS SET OUT UNDER THE SECTION TITLED “IMPORTANT DISCLAIMERS” ABOVE AND ARE INCORPORATED BY REFERENCE INTO THIS SECTION AS WELL.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR AFFILIATES, AND THE PERSONNEL, SHALL NOT BE LIABLE TO THE CUSTOMER FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, LOSS OF PROFIT, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES, AND ANY INTANGIBLE OR ECONOMIC LOSS, WHETHER BASED ON TORT, NEGLIGENCE, OR ANY OTHER THEORY OF LIABILTIY, WHERE SUCH ARISES FROM OR IN CONNECTION WITH: (A) THE BOOM PLATFORM AND ADD-ON SERVICES, (B) THE USE OF OR THE INABILITY TO USE THE BOOM PLATFORM AND ADD-ON SERVICES, (C) THE CUSTOMER’S ACCOUNT, (D) THIRD PARTY CHANNELS OR THIRD PARTY SERVICE PROVIDERS, (E) GUESTS’ CONDUCT OR MISCONDUCT, (F) USERS’ USE OF THE BOOM PLATFORM AND ADD-ON SERVICES, (G) THE CUSTOMER’S RELIANCE UPON OR THE EXPECTED OUTCOME OR BENEFITS FROM THE BOOM PLATFORM AND ADD-ON SERVICES, (H) ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE BOOM PLATFORM AND ADD-ON SERVICES, (I) ANY FAULT, OR ERROR MADE BY OUR PERSONNEL, (J) DENIAL OR CANCELATION OF THE CUSTOMER’S ACCOUNT, OR (K) FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF DATA ON THE BOOM PLATFORM AND ADD-ON SERVICES.IN ADDITION, WE AND OUR PERSONNEL SHALL NOT BE LIABLE TO THE CUSTOMER FOR ANY DAMAGE ARISING FROM EVENTUALITIES DISCLAIMED UNDER THIS TERMS INCLUDING UNDER THE SECTION TITLED “IMPORTANT DISCLAIMERS'' ABOVE.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL, MAXIMUM AND AGGREGATE LIABILITY TO THE CUSTOMER FOR ANY LIABILITY UNDER THESE TERMS SHALL BE LIMITED TO THE AMOUNTS THE CUSTOMER PAID BOOM (IF ANY) IN THE THREE MONTHS PRECEDING THE EVENT PURPORTEDLY GIVING RISE TO THE LIABILITY. THIS AMOUNT LIMITATION SHALL NOT APPLY IN THE EVENT THAT THE LIABILITY WAS CAUSED BY OUR WILLFUL MISCONDUCT.

To the maximum extent permitted by law, the Customer will indemnify, defend and hold harmless, Boom, its affiliates, subsidiaries, parent companies, affiliated companies, managers, shareholders, members, employees, attorneys, representatives, officers, directors, and/or agents, their respective users and partners, and the Personnel at the Customer’s own expense and immediately after receiving written notice thereof, from and against any damages, losses, costs, and expenses, including attorney’s fees and legal expenses, resulting from any plea, claim, allegation or demand, arising from, or in connection with the Customer’s use of the Boom Platform or Add-On Services, the Customer’s breach of the Terms, the Customer’s violation or infringement of any other person’s rights, the Customer’s communications through the Boom Platform or Add-on Services, or the eventualities disclaimed under this Terms including under the section titled “Important disclaimers” above.

• Choice of Law.

  Regardless of the Customer’s place of residence or where the Customer access or use the Boom Platform or Add-on Services from, these Terms and the Customer’s use of the Boom Platform or add-on Services will be governed by and construed solely in accordance with the laws of the State of Florida, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the State of Florida.

• Venue; Costs of Litigation.

  In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all costs of litigation, including reasonable attorneys’ fees, for trial, appellate, bankruptcy, collection, and post-judgment proceedings.  Venue for any litigation arising out of this Agreement shall be in the State or federal courts of Broward County, Florida

  WAIVER OF JURY TRIAL. EACH OF THE PARTIES HEREBY UNCONDITIONALLY WAIVES ANY RIGHT TO A JURY TRIAL WITH RESPECT TO AND IN ANY ACTION, PROCEEDING, CLAIM, COUNTERCLAIM, DEMAND, DISPUTE OR OTHER MATTER WHATSOEVER ARISING OUT OF THIS AGREEMENT.

• Whenever used in these Terms, the term “Including“ or “Such as”, whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.

• Entire Agreement.

  These Terms constitute the entire agreement between the Customer and Boom concerning the subject matter herein and supersede all prior and contemporaneous negotiations and oral representations, agreements, and statements.

• Waiver and Modification.

  No waiver, concession, extension, representation, alteration, addition, or derogation from These Terms by us, or pursuant to these Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative. Failure on our part to demand performance of any provision in these Terms shall not constitute a waiver of any of our rights under these Terms.

• Relationship of Parties.

  The Parties intend to be, are, and shall at all times be independent contractors with respect to this Agreement and all performance under this Agreement. Under no circumstances shall Boom, any Boom personnel, or any other of Boom’s employees, subcontractors, agents, or representatives be considered to be employees or agents of Customer or any of Customer’s Affiliates, or be entitled to participate in any of Customer’s or its Affiliates’ employee benefit programs including workers compensation and disability insurance, group health, dental and vision insurance, unemployment insurance, retirement plans, or stock-based benefits or plans. Neither Party is an agent, partner or employee of the other Party, or its Affiliates, and neither Party has any right or any other authority to enter into any agreements or undertaking in the name of or for the account of the other Party or to create or assume any obligations of any kind, express or implied, on behalf of the other Party nor will the act or omissions of either create any liability for the other Party. No form of joint employer, joint venture, partnership, or similar relationship between the Parties, or between either Party and any Affiliate of the other Party, is intended or hereby created. This Agreement shall in no way constitute or give rise to a partnership or joint venture between the Parties.

• Successors and Assigns.

  The Customer may not assign, delegate, or transfer the Customer’s rights and obligations under these Terms without our prior written consent. Any attempted or actual assignment by the Customer, without our prior consent, shall be null and void. We may assign and delegate these Terms in their entirety, including all right, duties, liabilities, and obligations therein, upon notice to the Customer, to a third-party, upon a merger, acquisition, change of control, or the sale of all or substantially all of its equity or assets relating to these Terms. The Company is also entitled to assign and delegate any or all of its rights and obligations under these Terms to one or more of its direct or indirect wholly-owned subsidiaries, without providing prior notice to the Customer. By virtue of such assignment and delegation, the assignee assumes our stead, including all rights, duties, liabilities, and obligations and we are irrevocably released from the same.

• Severability.

  If any provision of these Terms is held to be illegal, invalid, or unenforceable by a competent court or arbitration tribunal, then the provision shall be performed and enforced to the maximum extent permissible by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of these Terms shall continue to remain in full force and effect.