Entity Terms of Service

Modified on: May 22, 2025

Effective Date: July 1, 2025

You Must Sign and Return this Agreement
1. These Entity Terms of Service (the "Entity Terms") automatically apply to Entity purchasers. An "Entity" subject to the Entity Terms means schools, school districts, hospitals, therapy practices, and educational services businesses (for-profit or non-profit) that are not individuals and that are not Publishers.
2. Complete the fields in the Entity Identification table and have a person with authority to bind the Entity sign and return the Entity Terms. Failure to return the signed Entity Terms will waive any provisions that require information from the Entity Identification table until the information is provided.
3. You, the Entity's representative, may also use the fillable agreement accessed [here].
The Terms that Apply to Entity and Its Associated Educators
1. The Notices and Terms that apply to our agreement are listed below. If there is conflict between terms in the listed documents, the term in the document on the list with the lower numeral will prevail over terms in documents with higher numerals.
  1. Any separately signed data protection agreement, including Student Data Privacy Alliance agreements, is incorporated herein by reference.
  2. The Boom Learning General Privacy Notice is incorporated herein by reference.
  3. Any separately signed master service agreement, including cooperative agreements that you participate in, is incorporated herein by reference.
  4. These Entity Terms.
  5. Any Entity-provided Purchase Order Terms and Conditions, to the extent they do not supersede any of the above, and only to the extent they do not impose obligations rejected by these Entity Terms.
2. Any Educator account released by an Entity from an Entity Account immediately ceases to be governed by these Entity Terms and is treated as if individually purchased under our Terms of Service.
3. Student accounts are subsidiaries of Educator accounts and are governed by the terms of service that apply to the Educator license.
4. If United States federal award monies are utilized in procuring the services covered by these Entity Terms, then 2 CFR Appendix II to Part 200 shall be the controlling law, voiding any language in the agreements that conflicts with Appendix II. This agreement is not a funding agreement as defined in 37 CFR § 401.2(a).
Changes
1. All Entity Terms are in effect from July 1 to June 30 of the applicable year. We update our Entity Terms to be effective each July 1.
2. If we make material changes, we will notify Entity via our newsletter. Reorganizing components between cross-referenced documents and adding details previously stated in our FAQs that do not alter fundamental commitments are not material changes.
3. Entity is bound by the updated Entity Terms unless the terms are superseded by a separately signed agreement or unless Entity contacts us to object to an updated term.
4. Entity agrees to send us updated contact information when its information changes. The authorized representative may download and send the renewal Entity Terms of Service as early as June 1 of each calendar year.
5. If we are not in compliance with our obligations under the Entity Terms, Entity may (a) terminate its relationship with us for cause in writing, and (b) demand a refund of all unredeemed purchased points and a pro-rata refund of the remaining portion of annual subscriptions paid. The termination for cause shall be effective on either the delivery of the notice by email or the delivery by certified mail to the mailing address.
Who "We" Are and How to Reach Us
1. We (also "our" and "us") are Boom Learning, a trade name of Omega Labs Inc., a corporation based in Washington state, and its successors, assigns, and subsidiaries.
2. Email sales
3. Email legal
4. Email customer support
5. Mailing address: 9805 NE 116th ST STE 7198 Kirkland, WA 98034
6. Physical service address: 10916 101st PL NE Kirkland, WA 98033
7. Customer service phone: 1-833-969-2666
Who You Are
1. "Entity" is the Entity identified in the Entity Identification table at the bottom of these Entity Terms. It includes all Governmental Entities and Business Entities.
2. A "Governmental Entity" is a local, state, provincial, federal, or national governmental unit supervised by an elected person or body.
3. A non-governmental Entity is a "Business Entity."
4. "Authorized Users" refers to educators, specialists, therapists, and administrators authorized by Entity to create an account on Boom Learning's service associated with Entity and who are thus governed by this agreement. "Student Users" are students authorized by Entity to use the Boom Learning service and governed by this agreement.
5. Boom Learning products and services are not available in all languages or all countries. Entity represents, warrants and covenants that it is not providing services in or to any person (a) located in, or a resident or a national of, China, Russia, Belarus, or any country subject to a U.S., UK, or EU government embargo or other restriction, or that the U.S. government has designated that as a “terrorist supporting” country (“Prohibited Territories”); or (b) on any of the U.S. government lists of restricted end users. Boom Learning, in its sole discretion and at any time, may add to or remove from the list of Prohibited Territories.
Dispute Resolution
1. Negotiations First: If the Parties have a falling out, the Parties agree to attempt in good faith to resolve all disputes by negotiations between representatives with the authority to settle the controversy.
2. Entity Selected Mediation Second: If negotiations do not resolve the matter and the total amount in controversy is less than $100,000, upon the election of the Entity, the matter may proceed to mediation to be conducted online through JAMS or a mediation service selected by Entity. The initiation of mediation shall toll the limitations period from the date of initiation through the date of completion of the mediation.
3. Copyright Claims Board: If negotiations do not resolve the matter, and it falls within the jurisdiction of the Copyright Claims Board, Entity agrees that we will refer the matter to the Copyright Claims Board for resolution.
4. ENTITY ELECTED ARBITRATION: If mediation fails and the matter is not within the jurisdiction of the Copyright Claims Board, the Entity may elect to initiate virtual arbitration administered by JAMS following JAMS’ Streamlined Arbitration Rules and Procedures. If Entity is situated outside of the United States, JAMS will use the JAMS International Arbitration Rules.
5. Venue and Choice of Law if Court Action is Involved
  1. For United States state or local Governmental Entities: If Entity is a US local, city, county, parish, or state Governmental Entity, then these Entity Terms are silent regarding governing law and venue.
  2. For United States federal Governmental Entities: If Entity is a US Governmental Entity, then the following applies: ALL CLAIMS ARISING OUT OF OR RELATING TO THESE ENTITY TERMS WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA, EXCLUDING ITS CONFLICTS OF LAWS RULES. SOLELY TO THE EXTENT PERMITTED BY FEDERAL LAW, (I) THE LAWS OF THE STATE OF WASHINGTON (EXLCUDING WASHINGTON’S CONFLICT OF LAWS RULES) WILL APPLY IN THE ABSENCE OF APPLICABLE FEDERAL LAW; AND (II) FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE ENTITY TERMS OR THE SERVICES, THE PARTIES CONSENT TO THE PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS IN KING COUNTY, WASHINGTON.
  3. For all other Entities: If Entity is not identified in (a) or (b) above, then the following applies: ALL CLAIMS ARISING OUT OF OR RELATING TO THE ENTITY TERMS OR THE SERVICES WILL BE GOVERNED BY WASHINGTON LAW, EXCLUDING WASHINGTON’S CONFLICT OF LAWS RULES, AND WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF KING COUNTY, WASHINGTON. THE PARTIES CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.
The Boom Learning Products and Services for Entities
1. All Entity services offer user management tools (the "Admin Dashboard") that are unavailable for individually purchased or unpaid accounts. A minimum fee is required to access Entity service features. Entity accounts must renew at the minimum rate, or they will be terminated and deleted. Entity subscriptions are annual, pre-paid, and non-refundable.
2. For Entity subscribers to Boom Passport, we give Entity Authorized Users access to a collection of Boom Cards created by selected Publishers. Boom Cards in a Boom Passport account are rented, not purchased, and access expires at the end of the subscription. Except where noted otherwise, references to Boom Cards include those in the Boom Passport program.
3. If Entity has a Legacy Entity account, it does not have access to the Boom Passport collection. "Legacy" Entity accounts have a selection of tools subscriptions, points, or both.
4. All Entity account types have specific limits, conditions, and available services. Consult your sales representative for specifics regarding your purchased subscription. Some of the currently available services (collectively referred to as the “Boom App”) for Entity include
  1. a platform for creating interactive, self-grading teaching resources (“Boom Cards“), including the ability to incorporate “assets“, such as images, artwork, fonts, video, and sound, into those Boom Cards (the creation platform is called the “Studio“).
  2. a "Store" through which ready-made Boom Cards and assets are selected.
  3. tools to share self-created Boom Cards with others at Entity (“School Library“).
  4. tools for managing and assigning Boom Cards (“Classes“) and reviewing student performance (“Reports“).
  5. access to Entity selected subprocessors, called "integrated subprocessors." Entity is responsible for complying with any additional terms imposed by the integrated subprocessor.
  6. web apps, native apps (Amazon, the App Store, and Google Play), and LMS modules (Canvas and Google Add-on) for Student Users to play Boom Cards (the "Boom App"). LMS modules are integrated subprocessor modules.
Limitations on Usage and License Restrictions
1. Modifications: Boom Cards are owned by their publishers. You receive a license to use them. Publishers reserve the right to modify Boom Cards after purchase to correct errors and omissions. The Boom Cards included in a Boom Passport account may change from time to time. We reserve the right to add or remove Boom Cards from the Passport program anytime.
2. Cloud Only: You can’t use them offline; they require a connection to the internet (wired, wireless, or cellular). You cannot export Boom Cards decks. You may not extract or attempt to extract images, fonts, video, sound, or other elements from Boom Cards using any means. Attempting to do so can result in you being banned from our system and/or subject to civil or criminal action against you.
3. Subscription Elements Can Change and Be Enforced: Each Entity subscription type has specific limits, conditions, and available services. We reserve the right to enforce those limits technologically or administratively. We reserve the right to change or discontinue subscription plans and services available from time to time. Changes will take effect on renewal.
4. Entity Must Purchase One Subscription and Boom Cards Deck License per Entity Educator
  1. "Entity Educator" is a certified or classified staff member or equivalent contractor assigned to work directly with students or patients and who has a roster or caseload assigned to them.
  2. One Boom Cards Tools License per Entity Educator: All subscriptions are licensed per Entity Educator, not to an entire Entity or subdivision thereof.
  3. One Boom Passport License per Entity Educator: For Boom Passport, each Entity Educator must have a Boom Passport license to access the Premier Publisher Boom Cards library included in the Boom Passport product.
  4. One Boom Cards Deck License per Entity Educator: All Boom Cards deck licenses are for a single Entity Educator and the Entity must purchase one license per Entity Educator. This applies even for Boom Cards decks purchased from a different vendor.
  5. One Printables License per Entity Educator: Purchased printables and assets are licensed to a single Entity Educator. They may not be shared without a license for each Entity Educator receiving a copy.
  6. One Asset License per Educator: Entity Educators can create Boom Cards using assets they upload or redeem using Points purchased by the Entity and distributed to the Educator.
  7. Obtain Rights Clearance for Likenesses: Use of assets made or licensed by the Entity Educators may not use images of living people unless the Entity has permission (a right of publicity clearance) to use the likeness. We reserve the right to block Entity Educators from accessing assets if we determine that the Entity Educator may not lawfully use the asset. We, in our sole discretion, will decide whether the account is entitled to a refund for assets purchased from a Publisher on the Boom App.
  8. License Sharing is Not Permitted: All listed licenses are per Entity Educator, not to an entire Entity or subdivision thereof. If Entity Educators use materials without sufficient licenses, the Entity will need to pay for the additional licenses to bring the account into compliance. Entity Educators may not share an account (which is defined as the Entity Educator dashboard with a single user login, as distinguished from the school dashboard). Disallowed sharing includes, but is not limited to, redeeming Boom Cards purchased elsewhere to multiple Entity Educator accounts, creating distinct classrooms for multiple Entity Educators inside a single licensed Educator account, and sharing Fast Pins created by a licensed Entity Educator with unlicensed staff at the Entity.
  9. Admin Dashboard License: The Entity Admin Dashboard is licensed to the entire Entity. A minimum purchase is required to have an Admin dashboard license. Once minimum purchase requirements are satisfied, the Entity Admin Dashboard is available to the Entity's Admin and designated Delegees.
5. First Purchaser Rule
  1. We use a first-purchaser rule to determine account ownership. The first purchaser owns the account.
  2. The following actions will change the ownership of an account:
    1. Release by an Entity of an account to an individual. All items in the account at the time of release are deemed gifted to the individual.
    2. Accepting an invitation from an Entity to join an Entity account is an agreement by an individual to transfer ownership of the account to the Entity.
  3. Any attempt to seize or transfer ownership inconsistent with this section shall be null and void unless supported by a notarized statement signed by both parties stating the correct ownership of the account or a court or arbitral order.
FERPA
1. We comply with the Family Education Rights and Privacy Act ("FERPA"). We do not require students' personally identifiable information to serve our educational purpose.
2. Parents and legal guardians may review student accounts from the student dashboard. Parents must contact the Educator if they need a password reset for a student account, to correct an error in a student record, or to request an export of student performance records. We must have authorization from the Educator or a legal authority to fulfill parent requests.
Data Storage Locations
1. Student Data is stored in the United States. Please see our Non-US Data Subject Privacy Notice if you do not live in the United States.
2. Boom Learning makes no representation that the Boom Cards or other products or services available from Boom Learning are appropriate or available for use in any particular location or country. Entity bears the risk of any use it allows from various locations. Entity is responsible for compliance with any applicable laws, including applicable local laws that may be based on user location.
Referrals, Rewards, and Special Offers: From time to time, we extend special offers. Entity Educators may opt in to receive special offers by changing their Communication Preferences on their newsletter subscription; provided, however, that Entity Educator is solely responsible for ensuring that it complies with Entity’s rules and regulations regarding offers, vendor gifts, and compensation. Entity may contact us to have its Educators excluded from the ability to opt in to special offers.
Acceptable Use Policy
1. The Policies: Entity will require its Authorized Users to follow our acceptable use policies, applicable law, and any integrated subprocessor acceptable use policies. We will tell Authorized Users if they made a mistake and we expect them to fix their mistakes. Authorized Users must
  1. only disclose the private information of others that they have a right to disclose and only to authorized persons;
  2. only incorporate the intellectual property of others into materials that Entity staff creates with permission;
  3. give credit where required to give credit;
  4. comply with all applicable laws that apply;
  5. access Boom Learning only through pages we make publicly available using authorized login credentials;
  6. ensure messages and electronic instructions delivered to us do not include malicious code or otherwise attack our systems;
  7. inspect all materials created, selected, shared, and delivered to students before assigning the materials;
  8. take responsibility for any artificial intelligence (AI) created materials incorporated by Entity staff into Boom Cards; and
  9. not engage in any conduct in any forum hosted by Boom Learning that is harassing, threatening, fraudulent, inappropriate, hateful, pornographic, defamatory, obscene, offensive, indecent, or unlawful (as judged solely by us).
2. Report Violations: You can report abuse, bias, or infringement by clicking Reviews and then Report for the Boom Cards deck in the Store description for the deck or by contacting our Integrity Team.
3. Bad Choices Have Consequences: Failure to conform to acceptable use policies can result in suspended or locked-out Authorized User or Student User accounts, or a suspension of all user accounts for an Entity. We are not required to monitor our sites and apps, though we have the right to do so. We may proactively disable access to content that violates applicable acceptable use policies and contact the Entity administrator after doing so. We'll help Entity administrators remove access to materials they deem inappropriate for their Entity. We reserve the right to provide information to third parties such as our publishers, law enforcement, supervisory authorities, and attorneys general, to resolve claims of civil or criminal misconduct.
4. Videos: Boom Cards allow the embedding of videos. Our rules prohibit the distribution to the public of Boom Cards decks that contain videos that contain an advertisement or tracking cookies. If one of Entity’s Authorized Users discovers a deck that contains an advertisement or that is sending a tracking cookie, please contact us immediately so we can correct the deck. Entity may allow its Authorized Users to create and publish decks with videos to the Entity’s private library. Entity is solely responsible for educating Entity staff on which videos may be included.
Duty to Inspect
1. Before you assign any material, Entity's Authorized Users who are educators (an "Entity Educator") must inspect it to make sure the material is suitable for the applicable students. If an Entity Educator acquires a resource with points and then determines it is not suitable, the Entity Administrator or Entity Educator may request a refund of the points by contacting us. Please provide the resource title, publisher, and a brief statement of the issue if requesting a refund. Boom Passport materials can simple be deleted from the Entity Educator’s library. Refund requests must be within a reasonable proximity of the purchase date (generally within two weeks). We will grant reasonable and timely refund requests. We reserve the right to refuse refunds.
2. Publishers create content on Boom Learning and are solely responsible for the content they make available in the Boom Store. We are not responsible for the accuracy, appropriateness, lawfulness, or truthfulness of any content. Publishers who participate in the Boom Passport program are required to meet certain standards to participate. Entity can review those [standards].
Reporting Infringements: Copyrights are rights to control when others can copy, display, perform, distribute, or make a variation of an original expressive work you create and capture. The Digital Millennium Copyright Act (DMCA) provides specific guidelines for reporting infringement of your copyrights to us. If we receive a compliant DMCA claim through our Notice and Procedure for Making Claims of Copyright Infringement, we will remove the items. Follow the DMCA procedure to have us reinstate materials removed under the DMCA.
Talking About Each Other
1. Credit: We encourage Entity Authorized Users to talk about Boom Cards and give credit to Boom Learning and Publishers by name. If Entity Authorized Users post about Boom Learning or Boom Cards on any site available to the public, Entity grants Boom Learning and the Publisher permission to repost that image and to credit the Entity as the source.
2. Feedback and Ratings: We and our Publishers may freely use any suggestions, ideas, or other feedback that Entity Authorized Users give us. Freely means without restriction and without owing Entity money or compensation. Ratings given by Entity Authorized Users must be based on using the resource for its intended purpose.
3. Boom Learning Names and Logos: Boom Learning's names and logos are the trademarks, trade names, and/or service marks of Boom Learning. Our Publishers’ names and logos are the trademarks, trade names, and/or service marks of our Publishers. You may use our names to describe us in reviews. Using our names and logos must comply with our guidelines. For all other uses, ask for written permission from us or our publishers first.
4. Excerpting: You agree that Boom Learning may excerpt and post relevant content from any blog, social media post, or other writing Entity Authorized Users make about Boom Cards and Boom Learning so long as we give the Entity and the Entity Authorize User credit.
5. Business References: Entity agrees that Boom Learning may use Entity as a public business reference. Entity grants Boom Learning permission to use the current logo of the Entity in Boom Learning's business reference, marketing, and promotional materials in accordance with Entity's usage guidelines. If Entity's guidelines are more restrictive than this paragraph, Entity is responsible for notifying the Boom Learning sales team of restrictions placed on use of its name or logo.
Additional Privacy and Security Terms:
1. These terms amend our General Privacy Notice, which is incorporated herein.
2. Our security and breach response terms are in our Data Privacy and Security Plan.
3. Deletion is irreversible. Deleting a student deletes the record of the student’s past work. Deleting an Educator deletes all students and decks associated with the Educator account. You can reassign an Educator account license if you need to temporarily assign the account to a substitute. Entity may authorize us or a staff member to delete a student, Educator, or Entity account. A staff member who deletes an Entity account without the permission of the Entity is liable to the Entity for the loss.
4. Audits: We will respond to reasonable requests from the Entity, including responses to information security and audit questionnaires, provided that the Entity will not exercise this right more than once per year without cause. Our answers to such responses are confidential and will be held in the strictest confidence by Entity. Such audits are subject to reasonable time and manner restrictions. We will cooperate reasonably with any state or federal agency with jurisdiction in connection with any audit or investigation of us or the delivery of the services.
5. Cooperation: In the event of a breach arising because of Entity personnel, we will cooperate with the Entity and take such reasonable commercial steps as are directed by the Entity to assist in the investigation, mitigation, and remediation of the Entity's data, provided that the Entity shall reimburse us for expenses attributable to the Entity's personnel.
6. Ownership of Data: As between the Entity and us, personally identifiable information provided by the Entity, its Educators, and students is the property of the Entity. Parent or student requests for access to data will be directed to the Entity.
7. Deletion: We provide Entity with self-help tools for data deletion. Entity Authorized Users are expected to promptly and on a regular basis use the tools provided to delete data that is no longer required by the Entity. If data remains in expired and non-renewed Entity accounts, we shall delete that data upon request of the Entity or as in accordance with our standard procedures specified in the Data Privacy and Security Plan.
8. Regulator Notice: We agree not to report a security incident directly to the applicable regulators unless directed in writing by the Entity. The Entity agrees to indemnify and hold us harmless from any fines, fees, or liabilities assessed against us for not reporting an incident that rises to a reportable incident. Where this paragraph is inconsistent with governing law, we may report a reportable incident directly with no liability to the Entity and without being in breach of these Entity Terms.
Payments and Financial Terms
1. Prices exclude taxes: Prices exclude taxes and currency exchange settlements unless stated otherwise. You are responsible for paying taxes or other charges. In regions where we collect applicable taxes, they will be displayed on your invoice.
2. We provide electronic invoices in USD: All monetary amounts are expressed in US dollars ("USD"), and we expect payment in USD funds. We will send Entity electronic invoices. The paid invoice is the receipt.
3. Purchase orders: Entity may use purchase orders by contacting our sales team.
  1. Minimum purchase required.
  2. Terms and conditions in a Purchase Order are rejected to the extent they conflict with or supersede other applicable terms. Specifically:
    1. Additional discount terms over those in the estimate are rejected.
    2. Net payment terms on purchase orders are accepted. In the absence of net payment terms on purchase orders, the net payment terms on our invoices apply.
    3. Entire Agreement clauses in purchase orders are rejected.
    4. Cover remedies are rejected.
    5. If Entity doesn’t pay the invoice by the due date, we reserve the right to cancel the subscriptions, remove points, and send the bill to collections for the prorated amount due. Entity remains responsible for all prorated actual usage of its Authorized Users for which Entity failed to pay.
4. Legacy Entity Accounts - Purchasing Curricula and Assets:
  1. For Legacy Entity accounts, additional Boom Cards or assets to make Boom Cards (such as images, fonts, and backgrounds) are redeemed using Curriculum Points. Those Curriculum Points are purchased in US dollars. Points can only be used for products from our Store. They enable Entities to control the purchasing by individual Educators. We may reduce an Entity’s points balance to obtain satisfaction of a debt owed to us by Entity, including debts for dispute fee chargebacks and failure to pay on an account.
  2. Curriculum Points are non-refundable and non-transferable. They do not constitute a personal property right and have no value outside Boom Learning. They have no cash value and cannot be exchanged for cash.
  3. Entity’s admin users should recover Curriculum Points to the Entity account before removing or releasing Educator Accounts. If an account is deleted and the account has points in it at the time of deletion, all points are forfeit and are unrecoverable.
  4. We reserve the right to transfer Curriculum Points from Educator Accounts that are no longer being actively used to the Entity account and to discontinue the availability of points at any time. If we suspect fraud or abuse regarding points, we may cancel, suspend, or limit Entity’s ability to redeem points and elect to reverse all transactions involving such points. Purchases of points have daily maximums.
5. All sales are final. Unless otherwise provided, all purchases and redemptions are final and nonrefundable. We may, at our sole discretion, issue refunds. If we cancel or suspend Entity’s account, Entity’s (and its Authorized Users’) right to acquire and use products stops immediately. We can only issue refunds for purchases made directly from Boom Learning. Direct all other refund requests to the vendor from which you made the purchase.
6. We Can Demand Proof of Purchase for External Redemptions at Any Time: If Entity or its Authorized Users purchased Boom Cards from a vendor other than Boom Learning, we can demand proof of purchase at any time. If Entity fails to provide proof of purchase, we can remove any and all decks for which Entity is unable to establish proof of purchase.
Insurance: We will maintain general liability and cyber liability insurance. Contact our sales team to obtain a Certificate of Insurance.
DISCLAIMER OF WARRANTIES
1. "AS IS": Boom Learning and the content, products, and services found on the Boom App are provided "AS IS" and "AS AVAILABLE" without warranty of any kind, whether express or implied. This includes without limitation the implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.
2. The entire risk arising out of the use or performance of the Boom App remains with Entity. No communication, whether oral or written, from us to Entity or its representatives creates any warranty. We and our Publishers may change, suspend, or discontinue the Boom App at any time for any reason, with or without notice. If we discontinue services, materials created by or purchased by Authorized Users may no longer be available. Entity agrees that neither we nor our Publishers shall be liable to you or any third party if the Boom App is changed, suspended, or discontinued.
LIMITATION OF LIABILITY
1. We shall have no liability to Entity for any liability arising from the Entity's actions in assigning resources that collect information in violation of a law that applies, for any failure by the Entity to provide a student with any required information regarding their rights, or for claims that result from an Entity’s election to process sensitive data of students using the Boom Learning platform as that category of data is defined in the General Privacy Notice.
2. We work hard to make sure our system is available. Still, there are a substantial number of factors beyond our control in providing the services, including browser updates, filtering software, entity IT settings, and more. As a result, we can’t guarantee that any or all features will always work, or that the Boom App will be continuously available to you, your Educators, or your students. You acknowledge and agree that we cannot ensure that either content or data will be protected from theft, misuse, hacking attacks, or tampering. We have no liability arising from a failure of any system or feature that limits the use of content or data.
3. We (and our licensors and suppliers) are not liable to you for any errors or inaccuracies you find in or on the Boom App; any service, system, or process delays, latencies, failures, or interruptions; or any actions you take in reliance on us, our licensors, suppliers, or the content. Our liability to you is limited, whether or not the harm to you was foreseeable. We (and our licensors and suppliers) are not liable to you for any special, exemplary, or punitive damages, including loss of data, revenue, and/or profits, costs, or expenses, including legal fees and expenses, regardless of the legal theory upon which you claim liability, even if you have advised us or our supplier of the possibility of those damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
4. Our (and our licensors’ and suppliers’) liability to you for any activities under or related to this agreement is limited to the amount actually paid by you to us, if any, during the twelve months before the event giving rise to the damages, for the product(s) at issue.
5. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Miscellaneous Terms
1. No Automated Collection for Any Purpose
  1. Entity is prohibited from using any automated process to extract data from our site, including components of Boom Cards and the Boom Cards themselves, for any reason.
  2. Entity agrees that it will not, and will not allow its Authorized Users or any vendor employed by Entity, to
    1. ingest, scrape, or crawl any of our properties for any reason, including Artificial Intelligence review of our content.
    2. facilitate any virus, malware, Trojan horse, worm, ransomware, or other activity that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any code, data, or information.
    3. use a robot, spider, or other automated process or a manual process to monitor or copy the Boom App, or any portion thereof, without our prior written consent.
    4. use any device, software, routine, or process to bypass any technology protecting access to the Boom App.
    5. interfere with or attempt to interfere with technology protecting access to the Boom App.
    6. attempt to replicate, copy, or reverse engineer the Boom App or Boom Cards.
2. Licensed and Not Sold: All necessary rights to take the actions described that are not stated explicitly are implied. The Services are licensed, not sold. Ongoing access requires a current account.
3. Waiver: Our failure to act if Entity fails to comply with a term does not waive our right to act on any subsequent failure to comply. Nor does it waive the term in question.
4. Survival: Any terms that by their nature are intended to apply indefinitely continue to apply, including but not limited to perpetual licenses, ownership provisions, warranties, disclaimers, indemnities, and limitations of liability. Terms that are intended to survive for a period after termination shall also survive for the designated period.
5. Assignment
  1. We Can Assign to a Successor: We may assign any rights we have under any agreement to any successor or purchaser of us or of our assets to the extent permitted by law and provided that such successor or purchaser agrees to be bound by the terms. If Entity assigns its rights or obligations to another party, it must give us written notice of the assignment no later than ten (10) business days following the assignment. This agreement is binding on and inures to the benefit of any successors and assigns.
  2. Delegation and Virtual Assistants: Some user types can have "Delegees". Entity is fully and completely responsible for the actions of any Delegee, whether adult or student. To the extent allowed under applicable law, Entity will indemnify Boom Learning for any actions taken by its Delegees as if they were the Entity. Delegees have access to the delegator account's assets.
6. Severability: If the final judgment of a court or arbitrator declares any term invalid, void, or unenforceable, then the Parties agree to reduce the scope, duration, area, or applicability of the term; to delete specific words or phrases; or to replace any invalid, void, or unenforceable term with a term that is valid and enforceable and that comes closest to expressing the original intention of the invalid or unenforceable term.
7. English Language: It is the express wish of the parties that this Agreement and all related documents, including notices and other communications, be drawn up in the English language only. Il est la volonté expresse des parties que cette convention et tous les documents s’y rattachant, y compris les avis et les autres communications, soient rédigés et signés en anglais seulement.

Entity Identification

Print and complete this section and return with the signature of the person with authority to sign on behalf of the Entity. Or use our [fill in form].

Entity's Legal Name
Entity's Doing-Business-As Name, if any
Type of Entity (City, School Board, Non-profit Corporation, For Profit Corporation, LLC, etc.)
Primary Location Street Address
City
State or Province
Postal Code
Mailing Street Address, if different
City
State or Province
Postal Code
Entity Legal Contact Name and Title
Entity Legal Contact Email, Phone, and Legal Notice Address
Entity Billing Contact Name and Title
Entity Billing Contact Email, Phone, and Billing Address
Entity Account Admin Name and Title
Entity Account Admin Email and Phone
Entity Signatory Name and Title
	By signing below, I warrant and represent that I have the authority to sign and bind the above listed Entity, pursuant to a policy adopted by Entity's governing board or body, to these Entity Terms, and to bind the staff, agents, and employees of Entity to these Entity Terms.
Authorized Signature
Date Signed

Entity Terms of Service

Entity Identification

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