Terms of Service
Last Updated: November 10, 2024
1. General Provisions
This Terms of Service agreement (“Agreement”) governs your use of TargetBOOM (“we”, “our”, “us”). By accessing or using our services, you confirm that you have read, understood, and agree to be bound by this Agreement. If you do not accept these terms, you must refrain from using our services. This Agreement is legally binding between you (“User”) and TargetBOOM, a company registered in Riga, Latvia.
2. Services Provided
TargetBOOM offers a platform that enables users to create, manage, and monitor contests through their social media accounts. The User may configure contest parameters, publish content, and engage with participants through our platform. Our services are provided on an “as is” basis without any express or implied warranties unless otherwise specified.
3. Subscription Plans
3.1 Non-Refundable Payments
By purchasing a subscription plan, the User acknowledges and agrees that all payments made are non-refundable.
3.2 Subscription Validity
Subscription plans are valid for 30 days from the date of payment or renewal. The duration of the subscription begins immediately upon successful processing of the payment transaction. Additionally, the Free Plan serves as a trial period and is valid for 7 days from the date of account creation. After the trial period, users may choose to upgrade to a paid subscription plan to continue accessing the services.
3.3 Non-Renewal
If the User decides not to renew the subscription plan, it will remain active until the end of the 30-day period from the last payment date.
3.4 No Refunds or Credits
Cancellation of the subscription does not entitle the User to any refund or credit for the unused portion of the subscription period.
3.5 Non-Transferable Plans
Subscription plans are non-transferable. The User may not sell, transfer, or share their subscription with any other party.
3.6 Modification of Plans
We reserve the right to modify or discontinue the availability of subscription plans, their features, and their pricing at any time. Notice of such changes will be provided to Users prior to their implementation. Users who continue to use the services after such changes take effect will be deemed to have accepted the revised terms.
4. User Obligations
4.1 Accurate Information
The User agrees to provide accurate, current, and complete information during registration and whenever required by the platform.
4.2 Compliance with Laws
The User agrees to use the services in accordance with all applicable laws and regulations, including but not limited to data protection laws (such as the General Data Protection Regulation “GDPR”).
4.3 Account Security
The User is responsible for maintaining the confidentiality of their login credentials and for all activities conducted through their account.
4.4 Prohibited Activities
The User must not use the services for any unlawful, fraudulent, or harmful activity, including but not limited to:
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Distributing or posting pornography or any other prohibited content.
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Using offensive or obscene language.
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Engaging in activities that promote violence, discrimination, or hatred.
4.5 Content Responsibility
The User is solely responsible for all content they publish through the platform. TargetBOOM is not liable for any content created, published, or shared by the User.
5. Data Protection and Privacy
5.1 Compliance with GDPR
We are committed to protecting the User's privacy and personal data in compliance with GDPR and other applicable regulations.
5.2 Consent to Privacy Policy
By using our services, the User consents to the processing of their personal data as outlined in our Privacy Policy, which is an integral part of this Agreement.
6. Intellectual Property
6.1 Ownership
All content, software, graphics, and other materials available through the services are the intellectual property of TargetBOOM or our licensors and are protected by copyright, trademark, and other laws.
6.2 Usage Restrictions
The User may not copy, modify, reproduce, or distribute any part of the platform or its content without prior written consent from TargetBOOM. Any unauthorized use may result in legal action.
7. Limitation of Liability
7.1 No Liability for Damages
To the fullest extent permitted by law, TargetBOOM shall not be liable for any direct, indirect, incidental, or consequential damages arising from the use or inability to use the services, including but not limited to data loss, business interruption, or any other pecuniary loss.
7.2 No Warranties
The services are provided “as is,” without any warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
8. Termination and Suspension
8.1 Right to Terminate
TargetBOOM reserves the right to suspend or terminate the User’s access to the platform and/or services unilaterally if the User violates any term of this Agreement or engages in any behavior that we determine to be inappropriate, illegal, or harmful.
8.2 Account Blocking
In such cases, TargetBOOM may block the User's account without prior notice, and any remaining subscription period will not be refunded.
8.3 Data Deletion
In the event of termination, the User’s right to use the services will immediately cease, and any data or content associated with the account may be deleted.
9. Age Restrictions
9.1 Minimum Age
By using the services, the User confirms that they are at least 18 years old or the legal age of majority in their jurisdiction.
9.2 Parental Consent
Users under the age of 18 or the legal age of majority may only use the services with the involvement, supervision, and approval of a parent or legal guardian.
10. Acceptable Use Policy
10.1 Disruption of Services
The User agrees not to engage in any activity that may disrupt or interfere with the services or servers of TargetBOOM, including, but not limited to:
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Unauthorized access attempts or hacking.
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Deploying malware, viruses, or other malicious code.
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Attempting to disrupt the performance or integrity of the platform or its data.
10.2 Automated Access
The User shall not use automated means (e.g., bots or scripts) to access the platform for any purpose without prior written consent from TargetBOOM.
10.3 Policy Breaches
Any breach of this policy may result in suspension or termination of access to the services.
11. Third-Party Services and Integrations
11.1 Use of Third-Party Services
TargetBOOM may integrate with third-party services (e.g., social media platforms, analytics tools). The User acknowledges that the use of such third-party services is governed by their own terms and policies.
11.2 No Responsibility for Third Parties
TargetBOOM is not responsible for the availability, functionality, or security of third-party services integrated into the platform.
12. Limitation on Automated Systems
12.1 Illegal Automation Practices
The User agrees not to use the platform for illegal automation practices, including but not limited to:
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Spamming users with unsolicited messages or comments.
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Automating actions on third-party platforms without complying with their rules (e.g., automated posting without permission).
12.2 Consequences of Violations
Users found violating these terms may face immediate suspension and further legal action.
13. Indemnification
13.1 User Responsibility
The User agrees to indemnify and hold harmless TargetBOOM, its affiliates, and its employees from any claims, liabilities, damages, losses, and expenses, including legal fees, arising from or related to:
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The User’s use of the platform.
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Any breach of this Agreement by the User.
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Any content created, published, or shared by the User through the platform.
13.2 Defense Rights
TargetBOOM reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User.
14. Force Majeure
14.1 Exclusion of Liability
TargetBOOM shall not be held liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to:
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Natural disasters, pandemics, or extreme weather events.
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Acts of government or regulations, or any civil or military authority.
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Cyber attacks, failures of internet services, or third-party service outages.
15. Data Retention and Deletion Policy
15.1 Data Retention
TargetBOOM retains the User's data only for as long as necessary to provide services or as required by law.
15.2 Account Deletion
Upon request, the User can ask for their account and associated data to be deleted. Some data may be retained for legal or compliance reasons, even after account deletion.
16. Compliance with Laws
16.1 User Compliance
The User agrees to comply with all applicable laws and regulations while using the platform.
16.2 Legal Violations
Users who violate these laws or regulations may be subject to suspension, termination of access, or legal action.
17. Customer Support and Dispute Resolution Procedures
17.1 Support Contact
Users can reach out to our support team at info@targetboom.com for assistance with any issues or questions regarding the platform.
17.2 Dispute Resolution
In case of disputes, TargetBOOM aims to resolve conflicts amicably through direct communication. If a resolution cannot be achieved, the User agrees to participate in mediation before pursuing litigation.
18. Notices and Communication
18.1 Legal Notices
All legal notices or required communications will be sent to the User’s registered email address.
18.2 Contact Information Maintenance
Users are responsible for keeping their contact details up to date to ensure that communications from TargetBOOM are received.
19. Privacy Policy
Our Privacy Policy is an integral part of this Agreement and outlines how we handle your personal data.
20. Amendments to the Terms of Service
We reserve the right to modify these Terms of Service at any time. Any changes will be effective immediately upon posting on our website. Continued use of the services after such changes constitutes acceptance of the revised terms.
21. Severability
If any provision of this Agreement is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole. Such provisions will be deleted without affecting the remaining provisions herein.
22. Entire Agreement
This Agreement constitutes the entire agreement between the User and TargetBOOM regarding the use of the services and supersedes all prior agreements, understandings, and representations.