Terms of Service

Effective Date: TBD

These Terms of Service (the “Terms”) set forth the terms and conditions governing your access to and use of the platform, mobile application, services, and all related features, content, and functionality (collectively, the “Service”) provided by BoomBoom LLC (“BoomBoom,” “we,” “our,” or “us”).

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional guidelines, rules, or policies applicable to specific features or services (collectively, the “Agreements”). If you do not agree to these Terms or any part of the Agreements, you are prohibited from accessing or using the Services.

NOTICE: To help resolve issues fairly and efficiently, these Terms include a binding arbitration agreement and class action waiver. This helps protect both you and us, especially as a small company. Please review Section 13 carefully.

1. Acceptance of Terms

By using our Services, you acknowledge that you have read and understood these Terms and agree to be legally bound by them. These Terms may be updated from time to time. It is your responsibility to review these Terms periodically to stay informed about any changes. Your continued use of the Services after any changes to these Terms will constitute acceptance of those changes.

2. Intellectual Property and Trademarks

All content, features, and functionality on the BoomBoom app and website—including but not limited to text, graphics, logos, icons, images, audio and video clips, data compilations, and software—is the property of BoomBoom, its affiliates, or its licensors, and is protected under United States copyright, trademark, patent, and other intellectual property laws.

BoomBoom, the BoomBoom logo, and all related names, slogans, and designs are trademarks or service marks of BoomBoom, whether registered or under common law. You may not use these marks without our prior written permission. Other product and company names mentioned on the platform may be trademarks of their respective owners.

3. Eligibility

Our Services are not designed for anyone under the age of 13, and you must confirm that you are 13 years or older to create an account and use the Services. If we gather information indicating that you are below the age of 13 (or the minimum age at which a person may use the Services in your state, province, or country without parental consent, if greater), we will cease providing the Services to you and delete your account and your data. We may offer additional Services with additional terms that may require you to be even older to use them. Please read all such terms carefully. By using the Services, you represent, warrant, and agree that:

• You can form a binding contract with BoomBoom.
• You are not a person who is barred from using the Services under the laws of the United States or any other applicable jurisdiction — including, for example, that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition.
• You are not a convicted sex offender.
• We have not previously disabled your account(s) for violation of law or any of our policies.
• You will comply with these Terms (including any other terms and policies referenced in these Terms, such as the Community Guidelines) and all applicable local, state, national, and international laws, rules, and regulations.

At this time, BoomBoom is only available for individual users. Businesses, brands, and other commercial entities are not permitted to create accounts or use the platform. We may update this policy in the future to allow brand or business accounts. Any changes will be reflected in an updated version of these Terms.

4. How Our Service Is Funded

When users purchase in-app currency, a portion of the payment goes to Apple (typically 30%). The remainder is received by BoomBoom. From that, BoomBoom retains a portion to support the operation of the platform and pays the rest to creators.

The amount BoomBoom retains is not a fixed percentage and may vary depending on which Lux bundles users purchase and how Lux are distributed. For example, users may receive more Lux per dollar when purchasing larger bundles, which can impact the effective percentage BoomBoom retains after covering transaction costs and creator payouts.

BoomBoom sets a fixed exchange rate for redemptions (e.g., 1000 Lux = $1), and calculates creator earnings based on that rate. Our goal is to offer a sustainable and creator-friendly platform while keeping the business operational.

In an effort to minimize further fees, to provide creators with the maximum possible profit margins, and to keep BoomBoom operational, by using the Services covered by these Terms, you acknowledge that we can show you ads that businesses and organizations pay us to promote on and off of BoomBoom. We do not currently include ads within our services. However, in the future we may use your personal data, such as information about your activity and interests, to show you ads that are more relevant to you.

We may show you ads that we think are relevant to you without telling advertisers who you are. We do not sell your personal data. We may allow advertisers to tell us things like their business goal and the kind of audience they want to see their ads. We may then show their ad to people who might be interested.

We may also provide advertisers with reports about the performance of their ads to help them understand how people are interacting with their content on and off BoomBoom. For example, we may provide general demographic and interest information to advertisers to help them better understand their audience. We don’t share information that directly identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are). Learn more about how BoomBoom ads work here.

5. The Privacy Policy

Our service requires collecting and using your information. Your use of the Service is governed by our Privacy Policy. By using the Service, you agree to our Privacy Policy.

6. Your Responsibilities

6.1 Account Registration and Security

To use certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and any payment processes, and to update your information as necessary.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at support@boomboom.email of any unauthorized use or security breaches.

6.2 Age-Based Restrictions

Users must be 13 or older to access our services or create an account. Users must be 18 or older to access the full-features of our Services.

Any person under the age of 13 may not:

• Access or use any of our Services.

Users between the ages of 13 and 17 may:

• Access features of the Service that do not interact with real currency, including earning and spending virtual points.
• Make purchases via in-app purchases in compliance with platform guidelines.

Users between the ages of 13 and 17 may not:

• Link a third-party financial account (such as PayPal) and request payouts in real currency.

6.3 User Content

You retain ownership of all content you upload, post, or share on the Service (“User Content”). By uploading, submitting, or otherwise transmitting any content through the BoomBoom app, you grant us a worldwide royalty-free, transferable, sub-licensable, perpetual license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content license to use, display, and distribute your content solely to operate and improve the Service.

You are solely responsible for the User Content you submit and the consequences of sharing or publishing it. By submitting content, you represent that you have all necessary rights, licenses, and permissions to grant the above license.

You are prohibited from uploading content that is illegal, harmful, goes against the Community Guidelines, or violates third-party rights. We reserve the right to remove content that breaches these Terms.

6.4 User Conduct

You are required to use our Services in accordance with the following terms:

• You must not impersonate anyone or anything.
• You must not create an account for anyone else unless you have their expressed permission.
• You must not upload any content (including username) which goes against the Community Guidelines.
• You must not manipulate, obscure, or alter the appearance of any information displayed on your profile or posts in a way that misleads others or interferes with the intended functionality of the Service.
• You must not engage in fraudulent transactions, such as artificially influencing prices or coordinating with others to exploit the in-app currency or payout systems.
• You must not attempt to sell, transfer, or exchange in-app currency outside of the platform.
• You must not use misleading or deceptive tactics when pricing your content.
• You must not do anything which may be considered misleading, fraudulent, unlawful, or for any illegal or unauthorized purpose.
• You must not violate (or help or encourage others to violate) these Terms or any of our policies.
• You must not do anything to interfere with or impair the intended operation of the Service.
• You must not misuse any reporting, dispute, or appeals channel, such as by making fraudulent or groundless reports or appeals.
• You must not attempt to create accounts in any automated or unauthorized ways.
• You must not attempt to access or collect information in any automated or unauthorized ways.
• You must not license, sell, or purchase any account or data obtained from us or our Service. This includes attempts to buy, sell, or transfer any aspect of your account (including your username and details of unlocked posts);
• You must not solicit, collect, or use login credentials of other users.
• You must not request or collect BoomBoom usernames or passwords.
• You must not post someone else’s private or confidential information without permission or do anything that violates someone else’s rights, including intellectual property rights (e.g., copyright infringement, trademark infringement, counterfeit, or pirated goods).
• You must not create derivative works from, or reverse engineer, any part of our Services (including modifying, translating, copying).
• You must not attempt to bypass, disable, or otherwise interfere with any technological measures designed to control or restrict access to the Service or its data.

6.5 Permissions you grant us

By using BoomBoom, you grant us permission to display your username, profile picture, and other public details (such as posts or ratings) alongside advertisements, promotions, or sponsored content that you engage with. This may include showing that you unlocked or interacted with a sponsored post from a business that has paid for advertising on BoomBoom. You acknowledge that you will not receive compensation for these displays.

7. Content Unlocking & Access

Some content on BoomBoom may require payment via our in-app currency to unlock. Prices and availability are determined by the creator. We do not guarantee continued availability of any specific content, and creators may remove access for potential purchasers at their discretion.

All purchases of content within the app are final, except in cases where a refund is required by law or at our discretion.

If your account is suspended or terminated for violating our policies, you may lose access to previously unlocked content without a refund.

8. Payments and Financial Features

8.1 In-App Purchases (IAP)

In-app purchases are processed through the Apple App Store, and their terms apply. All purchases of in-app currency within the app are final, except in cases where a refund is required by law.

8.2 Payouts

8.2.a Payout Methods

Payouts for our in-app currency within the app will be processed exclusively through supported payment platforms, which currently includes PayPal. In the future, we may introduce additional payout platforms such as Venmo or other payment services. The availability of payout platforms may vary by region and other eligibility factors.

Users 18 years or older may link a verified PayPal account to receive payouts. Users under 18 are prohibited from linking a PayPal account or receiving payouts.

By linking a PayPal account, you explicitly agree to all PayPal Terms of Service and Privacy Policy, as stated in Clause 2: Third-Party Services & PayPal Integration. This includes, but is not limited to, compliance with PayPal’s Acceptable Use Policy, account verification requirements, and restrictions on payments. If you do not accept PayPal’s terms, you must refrain from using PayPal-related features within the Service.

Additionally, you agree that:

• You may only link and use a PayPal account registered in your own name. Linking third-party or unauthorized accounts is strictly prohibited.
• We reserve the right to review and verify any payout requests for compliance with these Terms.
• You grant BoomBoom permission to access and process necessary account-related information as required by PayPal’s API.
• You understand that BoomBoom is not responsible for PayPal’s services, availability, security, or any disputes related to PayPal transactions.
• You understand that payouts are subject to processing delays, fees, and limitations imposed by PayPal. BoomBoom is not responsible for any issues arising from PayPal’s availability, security, or their enforcement of policies.
• In cases of fraud, dispute, or violation of these Terms, we may suspend, withhold, or revoke any payouts at our sole discretion.

By using PayPal for payouts, you acknowledge that PayPal is a third-party service, and BoomBoom is not liable for any issues, disputes, or financial losses related to your PayPal account or transactions.

8.2.b Payout Timeline

We aim to initiate payouts within 30 calendar days, however actual delivery may take longer depending on third-party payment platforms. We do not guarantee a specific timeframe for payout completion and are not responsible for delays once the payout has been initiated.

8.2.c Fees and Deductions

We aim to ensure that users receive the full payout amount shown in the app, without deductions for payment processing fees. Processing fees apply, but we cover them on your behalf.

8.2.d Failed or Misrouted Payments

We are not responsible for payouts sent to incorrect or invalid accounts due to errors in the information provided by the user. Users acknowledge and accept any potential loss resulting from such errors.

8.2.e Disputes

Users must notify the company within 30 days of any dispute or issue regarding a payout. Failure to notify within this timeframe will result in forfeiture of the right to contest the payout.

8.2.f Suspension of Payouts

We reserve the right to suspend or withhold payouts if fraudulent activity, non-compliance, or misuse of the app or payout platforms is suspected.

8.2.g Future Platform Updates

We reserve the right to add, remove, or modify supported payout platforms at our discretion.

9. Termination

We reserve the right to suspend, terminate, or restrict your account at our sole discretion, for any reason, including but not limited to violations of these Terms, disruptive behavior, or actions that we believe may harm the integrity of our Service, other users, or the community. This includes, but is not limited to, situations where we believe an account is being used for malicious, abusive, or fraudulent activity.

We may also suspend or terminate your account if we believe your past behavior or actions, whether related to the Service or otherwise, could compromise the safety, security, or integrity of the Service or other users.

Upon termination, your right to use the Service ceases immediately, and any pending payouts, licenses, and remaining account balances may be forfeited. We are not obligated to provide a reason for termination, but we may, at our discretion, inform you of the action taken.

10. Modifications to the Service

We may modify or discontinue the Service or any part of it without notice or liability to you.

11. Limitation of Liability

To the maximum extent permitted by applicable law, BoomBoom and its affiliates, officers, employees, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
(a) your use or inability to use the Service;
(b) any unauthorized access to or use of our servers and/or any personal information stored therein;
(c) any interruption or cessation of transmission to or from the Service.

12. Indemnification

You agree to defend, indemnify, and hold harmless BoomBoom, its affiliates, and their respective directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, or your violation of these Terms.

13. Arbitration Agreement & Class Action Waiver

ARBITRATION NOTICE: By using the Service, you agree that any dispute or claim between you and us will be resolved through binding, individual arbitration rather than in court. You waive your right to participate in a class action lawsuit or class-wide arbitration.

This agreement applies to all claims related to your use of the Service or these Terms, regardless of legal theory.

You may opt out of this arbitration agreement by sending written notice within 30 days of first using the Service to support@boomboom.email. Your opt-out notice must include your full name and a clear statement that you wish to opt out of arbitration.

This section does not apply to claims that qualify for small claims court or where applicable law prohibits arbitration of certain disputes.

14. Governing Law and Venue

These Terms and any dispute arising from them or the use of the Service will be governed by the laws of the State of California, without regard to conflict of law principles. Unless otherwise required by law or covered under arbitration, any legal action shall be brought exclusively in the state or federal courts located in Orange County, California, and you consent to the jurisdiction and venue of those courts.

15. Copyright Infringement & DMCA Policy

If you believe that any content on BoomBoom infringes your copyright, you may file a notification under the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information:

• Your physical or electronic signature;
• Identification of the copyrighted work you claim has been infringed;
• Identification of the material that is claimed to be infringing and where it is located on our service;
• Your contact information, including address, telephone number, and email;
• A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law;
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner.

Submit DMCA notices to: Copyright Agent BoomBoom Legal Department legal@boomboom.email

16. Contact Us

If you have any questions about these Terms or need support, please contact us at:

BoomBoom Support
Email: support@boomboom.email

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Last updated: 4/23/2025