Terms of Service

Effective Date: [INSERT DATE BEFORE LAUNCH]

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, a California limited liability company (“BoomBoom,” “we,” “our,” or “us”).

By accessing or using the Service, 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 Service.

NOTICE: These Terms include a binding arbitration agreement and class action waiver in Section 15. Please read that section carefully before using the Service.

IMPORTANT: These Terms contain disclaimers of warranties and limitations of liability that affect your legal rights. Please read Sections 12 and 13 carefully.

BETA NOTICE: BoomBoom is currently in beta testing. Features, pricing, and policies may change. By participating in the beta, you acknowledge that the Service may contain bugs or incomplete features.

Definitions
Acceptance of Terms
Intellectual Property and Trademarks
Eligibility
How Our Service Is Funded
The Privacy Policy
Your Responsibilities
Content Unlocking & Access
Payments and Financial Features
Termination and Account Closure
Modifications to the Service
Disclaimers
Limitation of Liability
Indemnification
Arbitration Agreement & Class Action Waiver
Governing Law and Venue
Copyright Infringement & DMCA Policy
General Provisions
Contact Us

1. Definitions

For purposes of these Terms:

“ARP” or “Available Revenue Pool” means the net revenue available for distribution to Creators after deducting the Standard Platform Factor and the Operational Expense Fee from gross transaction proceeds, as further described in Section 5.1.

“ARP Unit Value” means the fixed USD value assigned by BoomBoom to each unit of Lux for the purpose of calculating Creator Payouts, derived from the ARP and set at BoomBoom’s sole discretion to ensure payout consistency across all Lux bundles.

“Aura Score” means the performance metric used to determine a Creator’s Payout Tier, calculated as described in Section 9.2.b.

“Community Guidelines” means our rules for acceptable conduct and content on the platform, available at https://boomboomhq.com/community-guidelines.

“Content” or “User Content” means any text, images, videos, audio, interactive experiences, or other materials or deliverables that you upload, post, transmit, or otherwise make available on or through the Service.

“Creator” means a user who makes Content available on the platform that other users may unlock for a fee.

“Lux” means the virtual in-app currency used to unlock Content on the Service.

“Payout” means the monetary compensation paid to Creators based on Content unlocks, calculated according to Section 9.2.a.

“Payout Tier” means the category assigned to a Creator based on their Aura Score, which determines their Payout Rate as described in Section 9.2.b.

“Service” means the BoomBoom platform, mobile application, website, and all related features, content, and functionality.

2. Acceptance of Terms

By using the Service, you acknowledge that you have read and understood these Terms and agree to be legally bound by them. These Terms constitute a binding legal agreement between you and BoomBoom.

These Terms may be updated from time to time. We will notify you of material changes by posting a notice on the Service or by sending you an email to the address associated with your account. It is your responsibility to review these Terms periodically. Your continued use of the Service after any changes to these Terms constitutes your acceptance of those changes. If you do not agree to the updated Terms, you must stop using the Service immediately.

The “Last Updated” date at the bottom of these Terms indicates when the Terms were last revised.

3. 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.

Nothing in these Terms grants you any right, title, or interest in the Service or BoomBoom’s intellectual property, except for the limited license to use the Service as expressly permitted by these Terms.

4. Eligibility

4.1 Age Requirements

Our Services are not intended for anyone under the age of 13. During account registration, we collect your date of birth to verify your age. If you are under 13, you will not be permitted to create an account or access the Service. If we discover or have reason to believe that a user is under the age of 13, we will immediately suspend access, delete the account, and remove associated data in accordance with the Children’s Online Privacy Protection Act (COPPA) and applicable law.

We may offer additional features or Services that require you to be older than 13 to access. Please read all applicable terms carefully.

4.2 Minors Aged 13 to 17

If you are between the ages of 13 and 17, your parent or legal guardian must review these Terms and agree to them on your behalf before you use the Service. By permitting a minor to use the Service, the parent or guardian accepts these Terms and agrees to be bound by them with respect to that minor’s use of the Service, including the arbitration agreement in Section 15.

4.3 General Eligibility Requirements

By using the Service, you represent, warrant, and agree that:

You are able to form a binding contract with BoomBoom under applicable law.
You are not a person barred from using the Service under the laws of the United States or any other applicable jurisdiction, including 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 for violation of law or any of our policies.
You will comply with these Terms, our Community Guidelines, and all applicable local, state, national, and international laws, rules, and regulations.
You will comply with all applicable export control laws and regulations.

4.4 Geographic Restrictions

If you access the Service from outside the United States, you do so at your own risk and are solely responsible for compliance with local laws. We make no representation that the Service is appropriate or legally available outside the United States.

If we discover that a user is located outside the United States, we will handle their data in accordance with applicable law and may restrict or terminate their access to the Service.

4.5 Commercial Use Restrictions

BoomBoom is currently available to individual users within the United States only. Businesses, brands, and other commercial entities are not permitted to create accounts or use the platform for commercial purposes at this time. We may update this policy in the future, and any changes will be reflected in an updated version of these Terms.

5. How Our Service Is Funded

BoomBoom is a creator-first platform. Our goal is to provide a sustainable environment for Creators while maintaining a high-quality experience for all users. The Service is funded through a combination of in-app transactions and future advertising revenue.

5.1 Revenue Distribution

When a user purchases Lux to unlock Content, the gross purchase price is distributed as follows:

A. Calculation of the Available Revenue Pool (ARP)

Two fees are deducted from the gross purchase price before any Creator distribution occurs. Both fees are calculated against the gross purchase price:

Standard Platform Factor: A fixed percentage deducted from the gross purchase price to account for third-party platform commissions (such as Apple App Store fees), payment processing costs, and transaction overhead.
Operational Expense (Opex) Fee: A fixed percentage deducted from the gross purchase price to cover hosting, security, infrastructure, and ongoing platform maintenance.

The ARP is the amount remaining after both deductions and any applicable sales taxes. It represents the pool of funds available for distribution between the Creator and BoomBoom.

B. Distribution of the ARP

The ARP is split between the Creator and BoomBoom as follows:

Creator Share: The Creator receives a percentage of the ARP based on their Payout Tier, ranging from 80% to 100% of the ARP (see Sections 9.2.b and 9.2.c).
Platform Share: BoomBoom retains the remainder of the ARP to support ongoing platform operations.

C. Retention of Other Revenue

BoomBoom retains 100% of any revenue not explicitly allocated as a Creator Payout, including the Opex Fee and any savings realized when actual third-party fees are lower than the Standard Platform Factor. These funds are retained at BoomBoom’s sole discretion for platform development and operational stability.

5.2 Advertising and Data

To keep BoomBoom operational and to minimize costs for our Creators, we may display advertisements from third-party businesses and organizations within the Service.

We may use your activity and interests on the platform to show you more relevant ads.

We do not sell your personal data. We do not share information that directly identifies you — such as your name or email address — with advertisers without your explicit consent.

Advertisers may provide us with audience profiles and campaign goals. We match ads to users based on those criteria and provide advertisers with aggregated, non-identifying performance reports only.

You may have options to control certain advertising preferences through your account settings or device settings. See our Privacy Policy for more information.

5.3 Branded Content and Third-Party Partners

In the future, users may encounter branded or sponsored content posted by Creators who have commercial relationships with third-party partners. Such content will be clearly labeled as sponsored or branded where required by applicable law.

We may also work with third-party advertising partners who use cookies and similar technologies to serve ads based on your activity on and off the Service. See our Privacy Policy for more information on how these partners use your data.

6. The Privacy Policy

Your use of the Service is subject to our Privacy Policy, available at https://boomboomhq.com/privacy-policy. By using the Service, you agree to the Privacy Policy and consent to our collection, use, and disclosure of your information as described therein.

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). Please see our Privacy Policy for details.

7. Your Responsibilities

7.1 Account Registration and Security

To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration — including your date of birth — and to keep that information up to date.

You are solely responsible for the security of your account credentials and for all activity that occurs under your account. You agree to:

Use a strong, unique password for your account.
Never share your account credentials with any other person.
Notify us immediately at support@boomboom.email if you suspect any unauthorized access to or use of your account.
Log out of your account after each session on shared or public devices.

We reserve the right to suspend or terminate accounts that appear to be compromised or that are used in violation of these Terms.

7.2 Age-Based Access Restrictions

Under 13: No access to any part of the Service is permitted.

Ages 13 to 17: You may access features of the Service that do not involve real currency, including earning and spending Lux. You may purchase Lux only with the verified consent of a parent or legal guardian, as facilitated through Apple’s Ask to Buy feature or equivalent parental controls. By permitting a minor in your household to make in-app purchases, the parent or guardian accepts full responsibility for all resulting charges. You may post Content subject to the additional restrictions in our Community Guidelines. You may not link a financial account, request monetary payouts, or access features designated for users 18 and older.

18 and older: Full access to all features of the Service, including monetary payouts, subject to identity verification and these Terms.

Note: BoomBoom does not independently verify parental consent beyond what Apple’s platform provides. If you are a parent and believe an unauthorized purchase was made, contact Apple directly for a refund and notify us at support@boomboom.email.

We may use device signals, IP, or behavioral flags to cross-check age claims. We reserve the right to request proof of age at any time. Accounts that cannot verify eligibility may be suspended or terminated.

7.3 User Content

You retain ownership of all Content you upload, post, or otherwise make available on the Service, subject to the license granted below.

By submitting Content through the Service, you grant BoomBoom a worldwide, royalty-free, transferable, sub-licensable, non-exclusive license to host, store, use, distribute, modify, reproduce, publicly perform or display, translate, and create derivative works of your Content, solely for the purposes of operating, promoting, and improving the Service. This license remains in effect even if you stop using the Service, but only with respect to Content that has been unlocked by other users. You may delete your Content at any time; however, Content that has already been unlocked by other users may remain accessible to those users in accordance with Section 8.3. For clarity, this license does not permit BoomBoom to sell your Content to third parties or use it in ways unrelated to operating and promoting the platform.

By submitting Content, you represent and warrant that:

You own or have obtained all rights, licenses, consents, and permissions necessary to grant the license above.
Your Content does not infringe any third-party intellectual property, privacy, publicity, or other rights.
Your Content complies with these Terms and our Community Guidelines.
You have obtained all necessary consents from any individuals who appear in or are identifiable from your Content, including from a parent or guardian if such individual is under 18.
You have the right to monetize such Content and to grant BoomBoom the license described above.

You are solely responsible for the Content you submit and the consequences of making it available. We reserve the right to remove any Content that violates these Terms or our Community Guidelines at any time, without notice or liability to you. You are also solely responsible for maintaining backup copies of your Content. BoomBoom is not responsible for any loss or corruption of Content.

7.4 Prohibited Conduct

You agree not to engage in any of the following while using the Service:

Impersonating any person or entity, or misrepresenting your identity or affiliation.
Creating accounts for others, sharing your account, or using another person’s account.
Uploading Content — including profile information or usernames — that violates our Community Guidelines.
Manipulating or misrepresenting information on your profile or posts in a way that misleads other users or interferes with the Service’s intended functionality.
Engaging in fraudulent transactions, including artificially inflating your Aura Score, coordinating with others to exploit the Lux or payout systems, or creating fake accounts to purchase your own Content.
Attempting to sell, transfer, or exchange Lux outside the platform or for real-world currency.
Using deceptive or manipulative tactics to price Content or promote your profile.
Using the Service for any unlawful, fraudulent, or unauthorized purpose.
Using the platform to facilitate, promote, advertise, or solicit prostitution, sex trafficking, or any form of human trafficking or sexual exploitation. BoomBoom complies fully with the Fight Online Sex Trafficking Act (FOSTA), the Stop Enabling Sex Traffickers Act (SESTA), and all applicable federal and state laws.
Violating, or encouraging others to violate, these Terms or any of our policies.
Transmitting viruses, malware, or any other harmful or disruptive code.
Misusing any reporting, appeals, or dispute channel by submitting false or groundless submissions.
Accessing or attempting to access the Service through automated means, including bots, scripts, or scrapers, without our express written permission.
Selling, transferring, or otherwise dealing in any account, username, or data obtained from the Service.
Soliciting or collecting login credentials or personal information from other users.
Disclosing another user’s private or confidential information without their consent.
Infringing any intellectual property rights, including copyright, trademark, or rights in counterfeit or pirated goods.
Stalking, harassing, bullying, threatening, or harming other users.
Attempting to reverse engineer, decompile, disassemble, or otherwise derive the source code of any part of the Service.
Attempting to circumvent, disable, or interfere with any security features or access controls within the Service.
Using the Service in any manner that could damage, overburden, or impair our systems or networks.
Violating any applicable law or regulation.

7.5 Identity Verification for Payouts

To receive monetary payouts, you must link a verified payment account registered in your legal name and complete all identity verification requirements we or our payment processors request. We may require government-issued identification and tax documentation before processing any payout. See Section 9.2 for full payout requirements.

7.6 Promotional Use

By using BoomBoom, you grant us a non-exclusive, royalty-free license to display your username, profile picture, and information about your public activity on the platform — such as Content you have posted or interactions you have made — for the purpose of operating and promoting the Service. This may include featuring your profile in discovery or recommendation features, displaying your activity in connection with Content, or including your Content in promotional materials, subject to the license in Section 7.3.

You will not receive compensation for these uses beyond the payout structure in Section 9.

California Users: Under California Civil Code Section 1798.83, California residents may request information about our disclosure of personal information to third parties for direct marketing purposes. To opt out of promotional use of your information as described in this section, contact us at support@boomboom.email.

8. Content Unlocking and Access

Some Content on BoomBoom is paywalled and requires Lux to unlock. Prices are set by the Creator of each piece of Content. We do not guarantee the continued availability of any specific Content. Creators must provide an accurate preview or description of paywalled Content that gives users sufficient information to make an informed purchase decision. Deliberately misleading previews or descriptions violate our Community Guidelines and may result in Content removal and forfeiture of associated Payouts.

8.1 Purchases and Refunds

All Lux purchases and Content unlocks are final and non-refundable, except:

Where a refund is required by applicable law.
At our sole discretion in cases of verified technical errors or confirmed fraudulent activity.
Where Content is removed for a policy violation within 48 hours of the unlock.

8.2 Content Availability

Creators may remove Content from the platform at any time. If you have already unlocked Content:

You will retain access to it for as long as your account remains active and in good standing.
If the Creator’s account is terminated, you may lose access to their Content without a refund.
If your account is suspended or terminated for violating these Terms or our Community Guidelines, you will immediately lose access to all unlocked Content without a refund.

We reserve the right to remove any Content at any time for any reason, including policy violations, legal requirements, or technical necessity.

8.3 Content License to Users

When you unlock Content with Lux, you receive a limited, personal, non-exclusive, non-transferable license to access and view that Content through the Service for your own personal, non-commercial use. This license does not convey any ownership rights in the Content.

You may not:

Download, copy, reproduce, or distribute unlocked Content outside the Service.
Share your access to unlocked Content with any other person.
Use unlocked Content for any commercial purpose.
Modify, create derivative works from, or reverse engineer unlocked Content.

9. Payments and Financial Features

9.1 In-App Purchases

All Lux purchases are processed through the Apple App Store. Apple’s terms and policies govern those transactions. All Lux purchases are final and non-refundable except where required by applicable law or where Apple grants a refund under their own policies.

If Apple issues a refund on a Lux purchase, the equivalent amount of Lux will be deducted from your account balance. If your balance is insufficient to cover the deduction, your balance may go negative. A negative Lux balance must be resolved before you can make further Lux purchases.

All Lux prices are displayed in U.S. Dollars (USD). Prices may vary based on promotional offers, bundle sizes, or region. We reserve the right to change pricing at any time.

Lux has no cash value. It cannot be redeemed for cash, transferred between accounts, or used outside the BoomBoom platform.

Lux does not expire while your account remains active and in good standing. If we discontinue the Service, we will provide notice at least 30 days prior to discontinuation and, where possible, an opportunity to use your remaining balance before shutdown.

9.2 Payouts

Payouts are available only to users who are 18 years of age or older and who have completed all required identity verification. By linking a payment account, you agree to comply with all applicable laws and the terms of your chosen payment platform.

9.2.a Payout Calculation

Creator earnings are calculated at the moment of each sale using the following formula:

Total Payout = (Content Price in Lux × ARP Unit Value) × Payout Tier Rate

Content Price in Lux: The Lux amount you set for your Content.
ARP Unit Value: The fixed USD value per Lux unit, as set and updated by BoomBoom in the Creator Dashboard. This value is standardized across all Lux bundles so your earnings are not affected by which bundle a user purchases.
Payout Tier Rate: Your percentage of the ARP, determined by your Aura Score Tier at the time of the sale (80%, 90%, or 100%).

The ARP Unit Value is always visible in your Creator Dashboard. BoomBoom reserves the right to adjust the ARP Unit Value at its sole discretion to reflect changes in third-party fees, operational costs, or platform economics. Any change to the ARP Unit Value will be reflected in the Creator Dashboard and will apply to all transactions occurring after the effective date of the change.

9.2.b The Aura Score

Your Aura Score determines your Payout Tier and is recalculated daily using the following formula:

Aura Score = (Total Lux Earned in the past 30 days) × (Average User Rating)

Total Lux Earned: The total Lux spent by users to unlock your Content over the past 30 calendar days.
Average User Rating: Your average rating on a scale of 1.0 to 5.0 from users who have rated your Content. If you have not yet received any ratings, a default rating of 2.5 is applied.

Payout Tiers:

Tier	Status	Aura Score Required	Payout Rate
Tier 1	Novice	Below 100,000	80% of ARP
Tier 2	Pro	100,000 – 999,999	90% of ARP
Tier 3	Elite	1,000,000+	100% of ARP

Because your Aura Score is based on a rolling 30-day window, your Tier may change from day to day. Sales are always credited at the Tier rate in effect at the exact moment of the sale. BoomBoom is not responsible for earnings changes resulting from fluctuations in your Aura Score.

Changes to Tiers and Rates: BoomBoom reserves the right to modify Payout Tier thresholds or Payout Rates at any time. We will provide at least 7 days’ notice of any such changes via the app or email. Rate changes apply to all unlocks occurring after the effective date — including Content you published before the change. Current rates are always displayed in your Creator Dashboard.

Your Right to Exit: If you do not accept a change to Payout Rates or Tier thresholds, you may close your account within 30 days of the change and request processing of any pending Payouts above the minimum threshold.

9.2.c Promotional Tiers

BoomBoom may grant Tier upgrades or exceptions as part of promotional campaigns or creator recruitment programs. Promotional Tiers are granted at our sole discretion and may be revoked at any time. For revocations unrelated to a policy violation, we will provide at least 7 days’ notice. For revocations due to Terms violations, fraud, or legal requirements, revocation may be immediate and without prior notice.

9.2.d Payout Eligibility and Verification

To receive Payouts, you must:

Be at least 18 years of age.
Complete identity verification as required by BoomBoom and our payment processors.
Provide accurate and complete tax documentation where required (see Section 9.2.h).
Maintain an account in good standing with no active policy violations or fraud investigations.
Have earnings that meet or exceed the minimum payout threshold described in Section 9.2.e.

We reserve the right to request additional documentation at any time. Failure to provide requested documentation within 30 days may result in suspension of Payout processing.

9.2.e Payout Methods

Payouts are currently processed through the following platforms:

PayPal (available in most U.S. regions)
Additional platforms such as Venmo, Stripe, or direct bank transfer may be added in the future.

Availability may vary by region due to local regulations and platform limitations.

By linking a payment account, you agree to:

Use an account registered in your own legal name. Business or third-party accounts require prior written approval from BoomBoom.
Comply with the terms of service of the applicable payment platform.
Allow BoomBoom to verify payout requests for compliance and fraud prevention purposes.
Accept that BoomBoom is not responsible for the payment platform’s availability, security, disputes, or account limitations.

9.2.f Payout Timeline

Payouts are initiated on or around the 1st of each calendar month for earnings from the prior earning period. Earning periods run from the 26th of one month through the 25th of the following month, with no gaps between periods.

You must have at least $10.00 USD in cleared, available earnings to receive a Payout. Balances below the threshold roll over to the following month.

Payouts typically arrive within 0–10 business days after initiation, depending on the payment platform and your financial institution. Delays may occur due to payment platform procedures, banking holidays, compliance reviews, or technical issues. BoomBoom is not liable for delays caused by factors outside our control.

9.2.g Fees and Deductions

Payouts are subject to transaction fees charged by third-party payment processors such as PayPal. By enabling a payout method, you authorize the deduction of all applicable fees from your earnings before transfer. The amount you receive will reflect your net earnings after all applicable fees. Fee structures are set by the payment processors and may change without notice from BoomBoom.

If a Lux purchase is refunded or reversed by Apple or another platform provider, the corresponding Creator Payout will be deducted from your account balance. If you have already withdrawn the funds associated with a reversed transaction, BoomBoom reserves the right to apply a negative balance to your account, to be offset against future earnings.

9.2.h Tax Responsibilities

You are solely responsible for determining, reporting, and paying all taxes applicable to your earnings on BoomBoom, including income taxes, self-employment taxes, and any other federal, state, or local taxes.

PayPal may be required to report your earnings to the IRS and applicable state tax authorities, typically via Form 1099-K for users meeting applicable reporting thresholds. You are responsible for reporting all earnings on your tax returns regardless of whether you receive a tax form.

BoomBoom is not a tax advisor. We strongly recommend consulting a qualified tax professional to understand your obligations. BoomBoom is not liable for any tax penalties or liabilities you incur.

9.2.i Failed or Misrouted Payments

BoomBoom is not responsible for Payouts sent to incorrect accounts due to user error, including:

Providing an incorrect email address or payment account identifier.
Linking an account you do not own or control.
Failing to update your payment information after it changes.

You bear full responsibility and any resulting financial loss from inaccurate payment information. If a Payout fails due to an error on our part, we will make reasonable efforts to correct and resend it.

9.2.j Payout Disputes

If you believe there is an error in your Payout calculation or that a Payout was not received, you must contact us at support@boomboom.email within 30 days of the Payout date or expected Payout date. Your notice must include:

Your account username.
The earnings period in question.
A detailed description of the discrepancy.
Any supporting documentation.

Failure to notify us within 30 days constitutes a waiver of your right to contest that Payout. We will investigate all disputes in good faith and respond within 30 business days of receiving a complete submission.

9.2.k Suspension or Withholding of Payouts

We reserve the right to suspend, withhold, or delay Payouts if:

We suspect fraudulent activity, money laundering, or other illegal conduct.
Your account is under investigation for a potential violation of these Terms or our Community Guidelines.
We detect unusual activity or potential manipulation of the payout system.
You have not completed required identity verification or provided required tax documentation.
There are pending chargebacks or unresolved disputes on your account.
We receive a legal request or court order to freeze your funds.

We will notify you of a Payout suspension within 5 business days, except where notice would interfere with a fraud investigation or legal proceeding. Funds suspended due to confirmed violations may be forfeited.

Payouts suspended pending investigation will be resolved within 90 days unless extended by a legal order or ongoing law enforcement cooperation.

9.2.l Payout Forfeiture

Your right to receive Payouts may be forfeited, and any pending balance voided, in the following circumstances:

Account Violations: Your account is terminated for violating these Terms or our Community Guidelines.
Fraud: You provide false or fraudulent information during identity or financial verification, following written notice and an opportunity to cure within 10 business days where permitted by applicable law.

Unclaimed balances not subject to the above conditions are governed by applicable state unclaimed property (escheat) laws.

BoomBoom reserves the right to conduct periodic audits of Creator accounts for compliance with payout and security policies.

9.3 Subscription Cancellations

If any future features operate on a subscription basis, cancellations must be managed through your Apple App Store subscription settings. Upon cancellation, access to subscription features continues through the end of the current billing period. No refunds are issued for partial billing periods, except where required by applicable law.

10. Termination and Account Closure

10.1 Termination by BoomBoom

We reserve the right to suspend, restrict, or terminate your account at our sole discretion, with or without notice, for any reason, including:

Violations of these Terms or our Community Guidelines.
Fraudulent, abusive, or harmful behavior.
Conduct that damages or could damage the integrity of the Service or its community.
Suspected illegal activity or platform misuse.
Creating multiple accounts to circumvent restrictions or penalties.
Prolonged inactivity — 12 or more months for accounts without linked payout methods; 18 or more months for accounts with linked payout methods or unclaimed earnings.
Legal or regulatory requirements.

We may also take action against your account if we believe your conduct, on or off the platform, poses a risk to the safety, security, or reputation of the Service or its users.

Upon termination:

Your right to use the Service ends immediately.
Pending Payouts will be handled in accordance with Section 9.2.l and applicable law.
Your account data, including Lux balance, may be deleted per our data retention policies.
You will lose access to all unlocked Content without refund.
All licenses granted to you under these Terms terminate immediately.

We are not required to give advance notice or a reason for termination. Termination does not limit any other rights or remedies available to us.

10.2 Account Closure by You

You may close your account at any time by using the “Delete Account” option in your account settings, or by emailing support@boomboom.email.

Upon closure:

Your public profile and Content will be removed from public view within a reasonable timeframe.
Content previously unlocked by other users may remain accessible to them per Section 7.3.
Earnings above the minimum payout threshold will be processed in the next payout cycle.
Earnings below the minimum threshold at the time of voluntary account closure are governed by applicable state unclaimed property laws.
Certain data will be retained as required by law or for legitimate business purposes such as fraud prevention and dispute resolution.

Account deletion is permanent and irreversible. Withdraw all available funds before deleting your account. See our Privacy Policy for information on data retention following account closure.

10.3 Survival

The following sections survive any termination or expiration of these Terms or your account: Sections 3, 7.3, 7.4, 7.6, 8.3, 9, 12, 13, 14, 15, 16, 17, and 18.

11. Modifications to the Service

We may modify, suspend, or discontinue the Service or any part of it at any time, with or without notice, for reasons including maintenance, legal or regulatory requirements, business changes, or technical necessity. We are not liable to you or any third party for any such modification, suspension, or discontinuation. Where feasible, we will provide reasonable advance notice of changes that materially affect how you use the Service.

12. Disclaimers

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BOOMBOOM MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

To the fullest extent permitted by applicable law, BoomBoom expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure; that defects will be corrected; that the Service is free of harmful components; or that any Content, data, or results obtained through the Service will be accurate or reliable.

You use the Service entirely at your own risk. BoomBoom is not responsible for any damage to your device, loss of data, or harm of any kind arising from your use of the Service.

Some jurisdictions do not permit certain warranty exclusions. In those jurisdictions, our liability is limited to the greatest extent permitted by applicable law.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOOMBOOM AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES — ARISING FROM OR RELATED TO:

(a) Your use of or inability to use the Service;
(b) Unauthorized access to or use of our servers or any personal information stored therein;
(c) Any interruption or cessation of transmission to or from the Service;
(d) Any bugs, viruses, or harmful code transmitted through the Service by any third party;
(e) Any errors or inaccuracies in any Content, or any loss or damage resulting from your use of Content made available through the Service;
(f) The conduct or Content of any user or third party on the Service;
(g) Any Content obtained from the Service; or
(h) Any other matter relating to the Service.

IN NO EVENT SHALL BOOMBOOM’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE EXCEED THE GREATER OF: (A) $100 USD, OR (B) THE TOTAL AMOUNT YOU PAID TO BOOMBOOM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY UNDERLYING THE CLAIM — WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE — EVEN IF BOOMBOOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not permit the exclusion or limitation of incidental or consequential damages. In those jurisdictions, the above limitations apply to the fullest extent permitted by law.

14. Indemnification

You agree to defend, indemnify, and hold harmless BoomBoom, its affiliates, and their respective directors, officers, employees, contractors, agents, licensors, and service providers (the “BoomBoom Parties”) from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

Your use of or inability to use the Service.
Your violation of these Terms or any applicable law or regulation.
Your violation of any third-party right, including intellectual property, privacy, or publicity rights.
Any Content you post or make available on the Service.
Any fraudulent, negligent, or wrongful act or omission by you.
Any dispute between you and another user.

You agree to cooperate fully with us in the defense of any indemnified claim. We reserve the right, at our own expense, to assume exclusive control of any matter subject to indemnification by you, in which case you agree not to settle that matter without our prior written consent.

This obligation survives the termination of your account and these Terms.

15. Arbitration Agreement and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTION LITIGATION.

15.1 Informal Resolution First

Before initiating any arbitration, you agree to first contact us at legal@boomboom.email with a written description of your dispute and the specific relief you are seeking. We will attempt to resolve the dispute informally within 30 days of receipt. If we are unable to reach a resolution within that period, either party may proceed to arbitration as described below. This informal resolution step is a prerequisite to filing arbitration and is not optional.

15.2 Agreement to Arbitrate

Except as provided in Section 15.4, you and BoomBoom agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or your relationship with BoomBoom — regardless of when it arose or whether it was previously the subject of a dispute — will be resolved exclusively through binding individual arbitration. This includes disputes based on contract, tort, statute, fraud, misrepresentation, or any other legal theory.

This means you are waiving your right to have disputes resolved in court by a judge or jury, except as expressly provided below.

15.3 Minors

By agreeing to these Terms on behalf of a minor user (aged 13 to 17), a parent or legal guardian accepts this arbitration agreement on the minor’s behalf. Disputes involving minor users will be subject to this arbitration agreement to the fullest extent permitted by applicable law.

15.4 Exceptions to Arbitration

The following are not subject to arbitration and may be brought in a court of competent jurisdiction:

Claims that qualify for and remain in small claims court, on an individual basis only.
Claims for injunctive or other equitable relief to protect intellectual property rights, including trademarks, trade dress, trade secrets, copyrights, or patents.
Any claim where binding arbitration is prohibited by applicable law.

Either party may also seek emergency injunctive relief from a court to prevent irreparable harm pending the outcome of arbitration, without waiving this arbitration agreement.

15.5 Arbitration Rules and Procedures

Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by these Terms. Those rules are available at www.adr.org or by calling 1-800-778-7879.

The arbitration will take place in Orange County, California, or by telephone or video conference if both parties agree. The arbitration will be conducted in English by a single, neutral arbitrator.

The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of it is void or voidable. The arbitrator also has authority to rule on their own jurisdiction.

15.6 Arbitration Fees

For claims where the amount in dispute is less than $10,000, BoomBoom will pay all AAA filing fees and arbitrator compensation. For claims of $10,000 or more, AAA fee-sharing rules apply.

If the arbitrator determines that a claim or the relief sought is frivolous or asserted for an improper purpose, the arbitrator may reallocate fees in accordance with AAA rules.

15.7 Arbitrator’s Authority and Award

The arbitrator may award any relief available in an individual court action, including monetary, declaratory, and injunctive relief, but only in favor of the individual claimant and only to the extent required to resolve that individual’s claim. The arbitrator may not award relief that would affect any other user of the Service.

The arbitrator’s award will be final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction. The award is subject to appeal only on the limited grounds available under the Federal Arbitration Act.

15.8 Class Action Waiver

YOU AND BOOMBOOM EACH AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN YOUR OR OUR INDIVIDUAL CAPACITY. NEITHER YOU NOR BOOMBOOM MAY ACT AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING.

The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding. If this class action waiver is found unenforceable for any reason, the entire arbitration agreement in this Section 15 shall be null and void. All other provisions of these Terms remain in full effect.

15.9 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to BoomBoom within 30 days of the date you first accept these Terms (or within 30 days of any material amendment to this Section 15 if you are an existing user at the time of the amendment).

To opt out, your written notice must:

Be sent by email to legal@boomboom.email or by first-class mail to: BoomBoom LLC, [INSERT MAILING ADDRESS BEFORE LAUNCH]
Include your full legal name, your BoomBoom username, and the email address associated with your account.
Clearly state that you are opting out of the BoomBoom arbitration agreement (for example: “I opt out of the arbitration agreement in the BoomBoom Terms of Service”).

Opting out of arbitration does not affect any other part of these Terms. If you opt out, disputes will be resolved in the courts identified in Section 16.

15.10 Survival and Severability

This arbitration agreement survives termination of your account and these Terms. If any part of this Section 15 — other than the class action waiver in Section 15.8 — is found invalid or unenforceable, that part will be severed and the remainder of this Section 15 will continue in full effect.

16. Governing Law and Venue

These Terms and any dispute arising out of or relating to them or the Service will be governed by and construed under the laws of the State of California, without regard to its conflict of law provisions.

To the extent a dispute is not subject to arbitration under Section 15, or if the arbitration agreement is found unenforceable, you and BoomBoom agree that any such dispute will be resolved exclusively in the state or federal courts located in Orange County, California. You consent to the personal jurisdiction of those courts and waive any objection to venue in that jurisdiction.

17. Copyright Infringement and DMCA Policy

BoomBoom respects intellectual property rights and expects users of the Service to do the same. In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), we have adopted the following policy for responding to claims of copyright infringement.

17.1 Designated Copyright Agent

BoomBoom has designated a Copyright Agent to receive notices of alleged infringement. Our Copyright Agent’s contact information is:

BoomBoom LLC — Copyright Agent [INSERT MAILING ADDRESS BEFORE LAUNCH] Email: legal@boomboom.email

Note: This agent address is also registered with the U.S. Copyright Office as required by law. Only DMCA-related communications should be sent to this agent. All other inquiries should be directed to support@boomboom.email.

17.2 Filing a DMCA Takedown Notice

If you believe in good faith that Content available on or through the Service infringes a copyright you own or control, you may submit a written notice to our Copyright Agent that includes all of the following:

A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
Identification of the copyrighted work claimed to have been infringed. If multiple works are covered by a single notice, a representative list is acceptable.
Identification of the Content claimed to be infringing, with sufficient detail for us to locate it on the Service (such as a URL or other specific description).
Your full name, mailing address, telephone number, and email address.
A statement that you have a good faith belief that the use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or applicable law.
A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

Notices that do not include all of the above elements may not be acted upon. Submitting a false or materially misleading DMCA notice may expose you to liability, including under 17 U.S.C. § 512(f).

17.3 Counter-Notice Procedure

If you believe Content you submitted was removed or disabled as a result of a DMCA notice that was submitted by mistake or that misidentified your Content, you may submit a written counter-notice to our Copyright Agent that includes:

Your physical or electronic signature.
Identification of the Content that was removed or disabled and its location on the Service before removal.
A statement, under penalty of perjury, that you have a good faith belief that the Content was removed or disabled as a result of mistake or misidentification.
Your full name, mailing address, telephone number, and email address.
A statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if your address is outside the United States, the U.S. District Court for the Central District of California), and that you will accept service of process from the person who filed the original DMCA notice or their agent.

Upon receipt of a valid counter-notice, we will provide a copy to the original complainant and inform them that we may restore the Content after 10 business days unless the complainant notifies us that they have filed a court action seeking to restrain the alleged infringement. We may restore the Content in our sole discretion after the required waiting period.

17.4 Repeat Infringer Policy

It is BoomBoom’s policy, in appropriate circumstances, to terminate the accounts of users who are found to be repeat infringers of copyrights or other intellectual property rights of third parties. We reserve the right to determine, in our sole discretion, what constitutes repeat infringement.

17.5 Limitations on Liability

BoomBoom’s compliance with valid DMCA notices is a condition of our eligibility for the safe harbor protections under 17 U.S.C. § 512. Nothing in this section shall be construed to limit our rights or remedies in any situation where Content infringes upon any legal right.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy and Community Guidelines, constitute the entire agreement between you and BoomBoom regarding your use of the Service. They supersede all prior agreements, understandings, and communications, whether written or oral, relating to the same subject matter.

18.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions of these Terms will continue in full force and effect.

18.3 Waiver

Our failure to enforce any provision of these Terms on any occasion does not constitute a waiver of that provision or our right to enforce it in the future. No waiver of any provision will be deemed a waiver of any other provision.

18.4 Assignment

You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. BoomBoom may freely assign or transfer these Terms, in whole or in part, at any time, including in connection with a merger, acquisition, or sale of assets.

18.5 Force Majeure

BoomBoom will not be in breach of these Terms or liable for any delay or failure in performance to the extent caused by circumstances beyond our reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, civil disturbance, governmental action, internet infrastructure failures, or labor disputes.

18.6 Electronic Communications

By using the Service, you consent to receive communications from BoomBoom electronically, including by email or in-app notification. You agree that electronic communications satisfy any legal requirement that such communications be in writing.

You may opt out of marketing emails by using the unsubscribe link in those emails. You cannot opt out of transactional or administrative communications, such as notices about your account or Payouts.

CAN-SPAM Act: All marketing emails from BoomBoom comply with the CAN-SPAM Act. You may unsubscribe from marketing emails at any time.

18.7 No Third-Party Beneficiaries

These Terms are for the benefit of you and BoomBoom only. Nothing in these Terms confers any rights or remedies on any other person or entity.

18.8 Headings

Section headings are included for convenience only and do not affect the interpretation or legal effect of any provision.

18.9 Relationship of the Parties

Nothing in these Terms creates any employment, agency, partnership, joint venture, or franchise relationship between you and BoomBoom. You have no authority to act on behalf of or bind BoomBoom in any manner.

18.10 Export Controls

You agree to comply with all applicable U.S. export control and sanctions laws and regulations, including the Export Administration Regulations administered by the U.S. Department of Commerce. You represent that you are not located in a country subject to a U.S. embargo and that you are not listed on any U.S. government restricted parties list.

18.11 Language

These Terms are written in English. If translated into any other language, the English version controls in the event of any conflict or ambiguity.

18.12 Legal Notices to BoomBoom

All formal legal notices to BoomBoom must be sent in writing to:

BoomBoom LLC [INSERT MAILING ADDRESS BEFORE LAUNCH] Email: legal@boomboom.email

19. Contact Us

For general questions, support requests, or feedback:

BoomBoom Support Email: support@boomboom.email

For legal matters, DMCA notices, and arbitration opt-outs:

BoomBoom Legal Email: legal@boomboom.email Mailing Address: [INSERT MAILING ADDRESS BEFORE LAUNCH]

For privacy-related requests or inquiries:

BoomBoom Privacy Email: support@boomboom.email

Last Updated: [INSERT DATE BEFORE LAUNCH]