Terms of Service

Effective Date: October 27, 2026

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.

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:

“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 posts Content on the Service, including Content that requires Lux to unlock.

“Lux” means the virtual in-app currency used to unlock Content on the Service. Lux is a limited license (see Section 9.1).

“Net Revenue” (formerly called the “Available Revenue Pool” or “ARP”) means the measure of BoomBoom’s own net revenue that BoomBoom uses to calculate Creator Payouts: BoomBoom’s gross revenue from Lux spent to unlock Content, minus the Standard Platform Factor and the Operational Expense Fee, as further described in Section 5.1. It is not a pool, fund or account, and no part of it is held for any Creator or user.

“Payout” means a revenue-share payment that BoomBoom makes to an eligible Creator from BoomBoom’s own revenue, based on unlocks of the Creator’s Content and 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.

“Revenue Rate” (formerly the “Lux Rate” or “ARP Unit Value”) means the average amount of Net Revenue, in USD, that BoomBoom counts for each Lux spent unlocking Content, used only to calculate Creator Payouts. BoomBoom sets it at its sole discretion so payouts are the same whichever Lux bundle a user purchased. The Revenue Rate measures BoomBoom’s revenue; it is not a value, price or exchange rate of Lux, and Lux has no cash value (Section 9.1).

“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 check your age. If you are under 13, you will not be permitted to create an account or access the Service. If we learn that a user is under the age of 13, we will suspend the account immediately and delete the account and the personal information we collected from that user, as described in our Privacy Policy and as required by the Children’s Online Privacy Protection Act (COPPA), except for information that the law requires or permits us to keep (for example, information we must preserve after a report to the National Center for Missing & Exploited Children, or information subject to a legal hold).

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, you represent that you have your parent or legal guardian’s permission to use the Service and to agree to these Terms, including the arbitration agreement in Section 15. We do not independently verify parental permission beyond the age information collected at registration. Parents and guardians are responsible for monitoring their minor’s use of the Service and may contact us at support@boomboom.email to request access to, or removal of, their child’s account.

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. Official BoomBoom platform accounts are exempt from the individuals-only policy and are operated solely for platform communication purposes.

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 currently funded through in-app transactions. We may add advertising in the future, as described in Section 5.2.

5.1 How Creator Payouts Are Measured

When a user spends Lux to unlock Content, BoomBoom measures its revenue from that unlock as follows:

A. Calculation of Net Revenue

Two fees are deducted from the gross purchase price to arrive at Net Revenue. Both fees are calculated against the gross purchase price:

Standard Platform Factor: A fixed percentage deducted from the gross purchase price to account for platform 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.

Net Revenue is the amount remaining after both deductions and any applicable sales taxes. It is a measure of BoomBoom’s own revenue, used only to calculate the revenue share BoomBoom pays the Creator; it is not a fund held for, or owned by, any Creator.

Illustrative Example (Not a Guarantee of Specific Rates): By way of illustration only, if Lux that BoomBoom sold for $10.00 is spent to unlock Content, a portion of BoomBoom’s $10.00 of revenue is deducted as the Standard Platform Factor and Operational Expense Fee to arrive at Net Revenue. BoomBoom then pays the Creator a revenue share of that Net Revenue according to the Creator’s Payout Tier, from BoomBoom’s own funds, and keeps the rest. The exact percentages deducted for the Standard Platform Factor and Opex Fee are not fixed rates guaranteed to any Creator and may vary over time or by transaction type; current effective rates are available upon written request to support@boomboom.email.

B. Creator Revenue Share

BoomBoom calculates the Creator’s revenue share as follows:

Creator Share: BoomBoom pays the Creator a revenue share equal to a percentage of Net Revenue: 80%, 90% or 100% based on their Payout Tier, or their Promotional Tier rate (see Sections 9.2.b and 9.2.c). Each Creator’s revenue share is based only on unlocks of that Creator’s own Content; no Creator’s Payout depends on, or reduces, another Creator’s Payout.
Platform Share: BoomBoom keeps the remainder of its revenue 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.

BoomBoom will provide at least 30 days’ notice via the app or email before increasing the combined Standard Platform Factor and Opex Fee above the rate in effect at the time you accepted these Terms. Current rates are available upon written request to support@boomboom.email.

5.2 Advertising

We do not show ads in the Service today. If we decide to add advertising, we will update our Privacy Policy and notify you through the app or by email before any ads appear.

We do not sell your personal data, and we will not share information that directly identifies you — such as your name or email address — with advertisers without your explicit consent. We will never use the data of users under 18 for behavioral or targeted advertising. Any future advertising will comply with applicable privacy laws, and we will provide opt-out options where required.

5.3 Branded Content

In the future, users may encounter branded or sponsored content posted by Creators who have commercial relationships with third parties. Creators must clearly label such content as sponsored or branded where required by law, including the FTC’s endorsement rules.

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 most features of the Service. You may purchase Lux through Apple’s in-app purchase system, subject to any parental controls (such as Apple’s Ask to Buy) your parent or legal guardian has set up, and use Lux to unlock other users’ priced Content. You may post your own Content for free, and your Content may accrue Aura Score based on unlocks, ratings, and engagement as described in Section 9.2.b. However, until you turn 18, you cannot: (a) set a Lux price on any Content you post — all Content you post must remain free to unlock; (b) link a financial account or payment method for the purpose of receiving Payouts; or (c) request or receive any monetary Payout. Upon turning 18, you may begin pricing Content and will be eligible for Payouts occurring after that date. By permitting a minor in your household to make in-app purchases, the parent or guardian accepts full responsibility for all resulting charges.

18 and older: Full access to all features of the Service, including monetary payouts, subject to identity verification through our payment processor as described in Section 9.2.e, 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, including granting access to your Content to users who unlock it (Section 8.3). You grant this license as a condition of using the Service, whether or not you earn anything. No part of any Payout under Section 9.2 is paid for this license or for any use of your Content, and the license is not a royalty arrangement. 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 except that BoomBoom will disable further access to Content that has been the subject of a valid DMCA takedown notice, court order, or confirmed rights violation, even where previously unlocked. 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

BoomBoom has zero tolerance for objectionable content and abusive users. We remove content that breaks these rules and suspend or permanently ban the accounts responsible.

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 unlock 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. This conduct is prohibited under the Fight Online Sex Trafficking Act (FOSTA), the Stop Enabling Sex Traffickers Act (SESTA), and other federal and state laws, and we cooperate with law enforcement as the law requires.
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 Reporting and Blocking

BoomBoom provides in-app tools that allow users to report Content or accounts that they believe violate these Terms or our Community Guidelines, and to block other users from interacting with them.

Reporting. To report Content or an account, use the report function available within the app. BoomBoom aims to review reports within 24 hours and will decide, in our sole discretion, what action, if any, to take, which may include removing Content, issuing a warning, restricting features, suspending, or permanently terminating the reported account. We are not obligated to take any specific action in response to a report or to notify you of the outcome. Reports submitted in bad faith or as a form of harassment may result in action against the reporting account.

Blocking. Blocking another user is designed to stop that user from viewing your profile, interacting with your Content, or contacting you through the Service. Blocking does not guarantee complete isolation in all contexts. You may unblock a user at any time through your account settings.

No Guarantee of Safety. These tools are provided to help maintain community standards but do not guarantee that violating Content or conduct will be identified or removed. BoomBoom is not liable for any harm arising from Content or conduct that was reported but not removed, or that was not reported.

7.6 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.

7.7 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

Only Creators who are 18 years of age or older may set a Lux price on Content. Content posted by Creators under 18 is available to all users at no cost. A Creator’s Aura Score accrues based on engagement with their Content regardless of age, but Payout Tier Rates under Section 9.2.b apply only once the Creator turns 18 and is Payout-eligible.

Some posts on BoomBoom are priced and requires Lux to unlock. The Lux amount required to unlock each piece of Content is chosen by its Creator. A Creator may also give a post an expiry date or a limit on how many times it can be unlocked. Once a post expires or reaches its limit, it can no longer be unlocked by new users and may stop appearing in feeds; users who already unlocked it keep access as described in Section 8.2. We do not guarantee the continued availability of any specific Content. Creators must provide an accurate preview or description of priced Content that gives users sufficient information to make an informed decision before unlocking. 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

Lux is purchased through the Apple App Store and all such purchases are processed and governed by Apple. Refunds of Lux purchases are subject to Apple’s own refund policies and procedures, and BoomBoom has no independent ability to issue a refund for a Lux purchase. If Apple issues a refund, the corresponding Lux will be deducted from your account balance as described in Section 9.1.

Spending Lux to unlock Content is final and Lux is non-refundable, except where required by applicable law, or where we determine, in our sole discretion, that a refund of Lux to your balance is warranted — including in cases of verified technical error, confirmed fraudulent activity, or Content removed for a violation of these Terms or our Community Guidelines. BoomBoom is under no obligation to issue a discretionary refund and may consider factors such as how long ago the Content was unlocked, the reason for removal, and your account history in making that determination.

8.2 Content Availability

Creators may remove Content from the platform at any time, and posts may expire or reach their unlock limit (Section 8). If you have already unlocked Content, including Content that has since been removed by its Creator, expired, or reached its limit:

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 BoomBoom removes the Content for violating these Terms, our Community Guidelines, or the law (for example, after a DMCA notice or an intimate-image removal request), you will lose access to it. Any refund of Lux is handled under Section 8.1.
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, BoomBoom grants you, under the license Creators grant to BoomBoom in Section 7.3, 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

BoomBoom’s role. Lux is sold through the Apple App Store, and Apple processes every Lux purchase. BoomBoom makes Content available to users who unlock it (Section 8.3) under the license every user grants as a condition of using the Service (Section 7.3). Users do not pay Creators, and Creators do not sell Content to users. Payouts are compensation BoomBoom pays eligible Creators for creating and posting Content on the Service, measured as a share of BoomBoom’s revenue and paid by BoomBoom from its own funds; they are not payment for the license in Section 7.3, and they are not funds received from, or held on behalf of, any user. BoomBoom does not hold money for users or transfer money between users.

9.1 In-App Purchases

All Lux purchases are processed through the Apple App Store, and are subject to Apple’s terms and policies. See Section 8.1 for information on Lux purchase and Content unlock refunds.

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, we may deduct the difference from future Lux purchases or grants, and may restrict access to the specific Content that was unlocked with the refunded Lux.

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 is a limited license to unlock Content on the Service. It is not your personal property and has no value outside the Service.

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.

Your earnings balance is BoomBoom’s record of the revenue share it expects to pay you under this Section 9.2. It is not money held for you, and it earns no interest.

Payouts are compensation for the service of creating and posting Content on BoomBoom. As a Creator, you are an independent contractor, not an employee, partner or agent of BoomBoom; you decide what, when and whether to post. Nothing in these Terms creates an employment relationship.

9.2.a Payout Calculation

BoomBoom calculates and pays each Creator’s compensation monthly, as a revenue share, from BoomBoom’s own revenue. To measure it, each unlock of your Content is recorded in your Earnings balance as it happens (so you can follow it in real time), using the following formula:

Total Payout = (Content Price in Lux × Revenue Rate) × Payout Tier Rate

Content Price in Lux: The Lux amount you set for your Content.
Revenue Rate: BoomBoom’s average Net Revenue per Lux unlocked, as set and updated by BoomBoom and shown in the Earnings Dashboard. It is the same across all Lux bundles, so your earnings are not affected by which bundle a user purchased.
Payout Tier Rate: Your revenue share as a percentage of Net Revenue, determined by your Aura Score Tier at the time of the unlock (80%, 90%, or 100%), or your Promotional Tier rate (Section 9.2.c).

The Revenue Rate is always visible in your Earnings Dashboard. BoomBoom reserves the right to adjust the Revenue Rate at its sole discretion to reflect changes in third-party fees, operational costs, or platform economics. Any change to the Revenue Rate will be announced in the app or by email and will apply to all unlocks occurring after the effective date of the change.

9.2.b The Aura Score

Your Aura Score determines your Payout Tier and is calculated in real-time using the following formula:

Aura Score = (Total Lux Revenue in the past 30 days + Total Content Unlocks in the past 30 days) × (Average User Rating ÷ 5.0)

Total Lux Revenue: The total Lux spent by users to unlock your Content over the past 30 calendar days.
Total Content Unlocks: The total number of individual unlocks of your Content over the past 30 calendar days.
Average User Rating: Your average rating on a scale of 0.0 to 5.0 from users who have rated your Content. If you have not yet received any ratings, a default rating of 5.0 is applied so that new Creators are not penalized before they have received feedback. Once you receive your first rating, your Aura Score will reflect your actual average rating going forward.

Payout Tiers:

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

Because your Aura Score is based on a rolling 30-day window, your Tier may change from day to day. Unlocks are always credited at the Tier rate in effect at the exact moment of the unlock. 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 Earnings 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 and Invite-Only Tiers

BoomBoom may, at its sole discretion, invite select Creators to redeem a code for a Promotional Payout Tier, with rate and duration specified individually in the invitation. Terms are not published or disclosed to non-invited users. Once redeemed and approved, the Creator’s Dashboard reflects their active tier and rate.

Where a Promotional Tier’s rate exceeds 100% of Net Revenue on a given unlock, BoomBoom pays the difference from its own revenue, like every Payout.

Promotional Tiers are granted at our sole discretion and may be modified or revoked at any time — with at least 7 days’ notice, except immediately in cases of Terms violations, fraud, or legal requirements. Misuse of redemption codes (exploiting, farming, buying, selling, or fraudulent redemption) results in forfeiture of associated earnings and may lead to account termination.

Partner Codes: To redeem a code you must be at least 18, have a date of birth on file, have an account in good standing, and accept the partner terms shown in the app. Each account may hold one code. Codes may have limited uses, may expire, and may be turned off at any time; turning a code off doesn’t affect Creators who already redeemed it. If a Promotional Tier is revoked, unlocks already credited keep their rate. Creators under 18 never accrue earnings (Section 9.2.d).

Confidentiality and Disclosure: Please keep your Promotional Tier details private. This doesn’t limit what you may tell a government agency or your legal, tax, or financial advisers. If you promote BoomBoom, you must clearly disclose the partnership (for example, “#ad”), as the FTC’s Endorsement Guides and similar laws require.

BoomBoom may also offer individually negotiated Payout terms to specific Creators under a separate written agreement, which controls over this Section 9.2 to the extent of any conflict.

9.2.d Earning Eligibility

You may set a price on your Content and accrue earnings to your Earnings balance once you:

Are at least 18 years of age.
Maintain an account in good standing with no active policy violations or fraud investigations.

Accruing earnings under this Section does not by itself entitle you to receive a Payout of those earnings. Receiving a Payout is governed exclusively by Section 9.2.e (Payout Eligibility) below.

9.2.e Payout Eligibility and Verification

To receive a Payout of accrued earnings, you must, in addition to satisfying Section 9.2.d:

Link a payment account registered in your legal name.
Complete all identity verification required by our payment processor, including confirmation that you are at least 18 years of age.
Provide accurate and complete tax documentation where required (see Section 9.2.i).
Have earnings that meet or exceed the minimum payout threshold described in Section 9.2.g.
Have a linked payment account that is verified and in good standing according to both BoomBoom’s requirements and the requirements of the applicable payment platform.

Earnings accrued before you complete Payout Eligibility remain in your Earnings balance and are not forfeited solely due to delayed linking or verification, subject to Section 9.2.m (Payout Forfeiture) and applicable account closure terms in Section 10.

BoomBoom is not responsible for payouts delayed or prevented by a payment platform’s own verification, limitation, or compliance processes.

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.f 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.

Payouts are sent only to PayPal accounts registered in the United States. If your PayPal account is registered elsewhere, we may pause your Payouts until you connect a U.S. PayPal account.

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.

To receive a Payout for a given earning period, your PayPal account must be linked, verified, and in good standing before the end of that earning period (11:59:59 PM Pacific Time on the 24th of the month). Accounts linked or verified after the 24th will be eligible for payouts beginning in the following earning period. BoomBoom is not responsible for missed payouts resulting from late account setup or verification.

9.2.g Payout Timeline

Payouts are initiated on or around the 1st of each calendar month for earnings from the prior earning period, except as described under “Delay while Apple’s payment arrives” below. Earning periods run from 12:00:00 AM Pacific Time on the 25th of one month through 11:59:59 PM Pacific Time on the 24th of the following month, with no gaps between periods. All earning-period boundaries are determined by Pacific Time (America/Los_Angeles), regardless of your device’s local timezone.

You must have at least $10.00 USD in earnings, after any refund deductions (Section 9.2.h), to receive a Payout. Balances below the threshold roll over to the following month.

Delay while Apple’s payment arrives: Apple pays BoomBoom the revenue from Lux purchases several weeks after each purchase. If, on the payout date, BoomBoom has not yet received from Apple the revenue for the Lux spent on unlocks in an earning period, BoomBoom may delay that period’s Payouts, in whole or in part, until it has received that revenue, but never later than the 20th day of the second calendar month after the earning period ends (for example, January 20 for the earning period that ends on November 24), whether or not Apple has paid by then. A delayed Payout is shown as scheduled in your Payout History, with the date by which it will be paid, or we tell you by email. A delay never reduces the amount you are owed. Sections 9.2.l and 9.2.n still apply.

In the event of a technical failure during payout processing, BoomBoom will make reasonable efforts to complete payment as soon as possible, typically within 7 business days of the original payout date. 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, technical issues, or retry processing. BoomBoom is not liable for delays caused by factors outside our control.

Earning period finalization, Aura Score recalculation, and Payout Tier assignment are performed by automated systems that run on a scheduled basis. While BoomBoom designs these systems to run reliably at the intended time, you acknowledge and agree that:

Automated processing may occasionally be delayed, interrupted, or require reprocessing due to technical issues, system load, or third-party service disruptions.
In the event of a processing delay, BoomBoom will make reasonable efforts to complete finalization and Tier assignment as soon as reasonably possible, and any resulting Payout will be adjusted to reflect the correct earning period once processing is complete.
A brief delay in automated processing does not entitle you to compensation, damages, or an adjusted Payout Rate beyond what you would have received had processing completed on schedule.
BoomBoom is not liable for discrepancies caused by a Creator’s own activity (such as new unlocks) occurring during a processing delay, which will be resolved by our good-faith reconstruction of the applicable earning period based on transaction timestamps.

9.2.h Fees and Deductions

Each Payout carries a flat payout fee of $0.25 to cover payment processing, deducted from the Payout amount before it is sent. For PayPal accounts registered in the United States, this fee covers PayPal’s own payout fee. By enabling a payout method, you authorize this deduction. The amount you receive is your Payout amount minus the $0.25 payout fee, plus any currency conversion or receiving fees your payment platform charges you directly. We will give at least 30 days’ notice via the app or email before increasing the payout fee.

If a Lux purchase is refunded or reversed by Apple or another platform provider after the user spent those Lux to unlock your Content, the earnings you received from those unlocks are deducted from your Earnings balance. If your balance is too low, or you have already been paid those earnings, the remaining amount is offset against your future earnings before they are paid out. Each deduction is shown in your Payout History, and we email you when one is made. If Apple reverses the refund, the deducted amount is added back.

9.2.i 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.

Depending on how Payouts are made, you may receive Form 1099-K from PayPal or Form 1099-NEC from BoomBoom. If BoomBoom needs your taxpayer information, it will ask for a Form W-9 through its tax-form provider and never stores your Social Security or taxpayer number itself. You are responsible for reporting all earnings whether or not you receive a 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.j 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.k 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.l 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 stop or hold your Payouts.
Your account has been automatically flagged for review due to risk or fraud signals, such as unusual earnings volume, elevated report activity, earnings reversed by repeated refunds, or purchases from accounts that appear linked to yours.

We aim to notify you of a Payout suspension within 7 business days, in your Payout History and by email, except where notice would interfere with a fraud investigation or legal proceeding. We aim to complete the review of accounts automatically flagged for unusual activity within 90 days. If no violation is found, any withheld Payouts will be paid in the next available payout cycle. Earnings tied to confirmed violations may be forfeited as described in Section 9.2.m.

9.2.m Payout Forfeiture

Account Violations: If your account is terminated for violating these Terms or our Community Guidelines, any pending (not yet Payout-eligible) earnings tied directly to the violation — including earnings from fraudulent or manipulated activity — are forfeited. Earnings that were legitimately earned and not connected to the violation will be handled per Section 10.1 and applicable unclaimed property law, not forfeited outright.

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

9.2.n Temporary Platform-Wide Suspension

BoomBoom may temporarily suspend or pause Lux purchases, Content unlocks, and/or Payout processing across the Service, without advance notice, when we reasonably believe doing so is necessary to respond to a security incident, suspected fraud, a failure or issue affecting a payment processor or the Apple App Store, a legal or regulatory requirement, a technical defect that could cause incorrect earnings or Payout calculations, or an unexpected operational or cost issue affecting the Service.

Such a suspension is temporary and does not constitute discontinuation of the Service under Section 9.1. We will restore normal operations as promptly as reasonably practicable and will attempt to notify users of any suspension expected to last more than 24 hours. Any Payout or dispute deadline in this Section 9 will be extended by the length of the suspension. BoomBoom is not liable for losses or inconvenience resulting from a suspension under this Section.

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.
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.m 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.
You lose access to Content you unlocked, and any Lux left in your balance is lost. Refunds of Lux purchases are handled by Apple under Section 8.1.
Earnings we owe you are not forfeited. If your PayPal account was connected, a balance at or above the minimum threshold is paid in the next scheduled monthly payout cycle, to that PayPal account.
Certain data will be retained as required by law or for legitimate business purposes such as fraud prevention and dispute resolution.

If a balance is below the minimum threshold, or no PayPal account was connected, email support@boomboom.email from the email address on your account before you delete it, and we will arrange payment once you complete Payout Eligibility (Section 9.2.e). Any balance we owe that is never paid is handled under applicable state unclaimed property laws; it is not kept by BoomBoom as forfeited.

Account deletion is permanent and irreversible. 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. This includes the right to take immediate, temporary action — including restricting access to specific features, pausing transactions, or requiring re-verification — where we reasonably believe such action is necessary to address a security, legal, or operational risk, without such action constituting a permanent discontinuation of 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

Users aged 13 to 17 represent that they have their parent or legal guardian’s permission to agree to this arbitration agreement. We recognize that enforceability of arbitration agreements against minors varies by jurisdiction and depends on the specific circumstances.

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, P.O. Box 4413, Blue Jay, CA 92317, United States
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
P.O. Box 4413
Blue Jay, CA 92317, United States
Phone: (213) 293-6058
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. Any deadline or timeline owed to you under these Terms (including but not limited to Payout timelines, dispute windows, and notice periods) will be automatically extended by the duration of any Force Majeure event that materially prevents us from meeting it.

BoomBoom is operated by a small team. While we aim to review reports and respond to inquiries promptly, response times may vary based on staffing availability. This does not affect your rights or remedies under applicable law.

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
P.O. Box 4413
Blue Jay, CA 92317, United States
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: BoomBoom LLC, P.O. Box 4413, Blue Jay, CA 92317, United States

BoomBoom Privacy
Email: support@boomboom.email

Last Updated: October 31, 2026