Boom App
Terms of Service

1. Students: Student accounts are subsidiaries of Educator or District accounts. Educators and Districts inform students of the terms applicable to them.
2. Districts: See the District Terms.
3. Educators: Educators purchasing as individuals are bound by
   
   1. The Boom Learning General Privacy Notice and
   2. This Boom Learning Terms of Service.
4. Publishers: Educators who are also Publishers are bound by
   
   1. The Passport Publisher Addendum to the Terms of Service, if a Passport Publisher, and
   2. The Publisher Addendum to the Terms of Service,
   3. The Boom Learning General Privacy Notice, and
   4. This Boom Learning Terms of Service.
5. If you do not accept all the terms and notices that apply to your usage, do not use Boom Learning products and services or Boom Cards.

1. We review and update our Terms of Service and Privacy Notices effective each July 1.
2. We notify you via our newsletter if we make material changes to the terms. Reorganizing components between cross-referenced documents is not a material change, and the addition of details previously stated in our FAQs that do not alter fundamental commitments is not a material change.
3. You must accept the terms anew each year to continue using Boom Learning products and services. If you do not wish to accept the new or revised terms, you must cancel your subscription and, if a Publisher, withdraw your products from our Store.

1. Boom Learning is a trade name of Omega Labs Inc., a corporation based in Washington state.
2. Email customer support
3. Mailing address: 9805 NE 116th ST STE 7198 Kirkland, WA 98034
4. Customer service phone: 1-833-969-2666

1. "You" means the Educator who creates an account with us, whether a free or paid account. We may refer to you as a "subscriber" in these terms if you have a paid subscription plan. We act on your behalf to process data for your educational purposes.
2. You promise you are an adult and will comply with privacy rules when interacting with students. We market and direct our products and services to adults, who create accounts for students under their charge.
3. You agree that we can verify the account information you provide, directly or through third parties. This includes verifying your authority to agree to the terms.
4. You represent and warrant that you have permission and authorization, as required by law or policy, from your school and affected parents, guardians, and students, to bind students and your school to the terms. If you purchase an account with out-of-pocket funds for use at a public school with students, Boom Learning agrees that the public school is a beneficiary of the terms.

1. Boom Learning products and services are not available in all languages or in all countries. You represent, warrant, and covenant that you and any student for whom you create an account are not (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 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.

The Boom Learning services we offer from time to time are offered on a subscription basis (See our Pricing page for current offerings). The Boom Learning services currently involve some combination of access to or use of the following:

1. We offer a platform at wow.boomlearning.com for creating interactive, self-grading teaching resources (“Boom Cards“), including the ability to incorporate licensed “Assets“, such as images, artwork, fonts, video, and sound, into those Boom Cards (the creation platform is called the “Studio“).
2. We offer Publishers tools for selling and sharing Boom Cards licenses on other marketplaces (“External Marketplaces“).
3. We offer a marketplace for offering and obtaining licenses for Boom Cards and assets (the “Store“).
4. We provide tools for managing and assigning Boom Cards (“Classes“) and reviewing student performance (“Reports“).
5. We offer web apps and native apps (Amazon, the App Store, and Google Play) for playing Boom Cards (the "Mobile Apps"). Mobile Apps are also subject to the rules and agreements of their respective app stores;
6. We offer subscription access to tools (Studio, Classes, Reports, and more), which are collectively referred to as the "Boom App".

1. If negotiations do not resolve the matter, and it falls within the jurisdiction of the Copyright Claims Board, you agree that we will refer the matter to the Copyright Claims Board for resolution.
2. If negotiations do not resolve the matter and it doesn’t fall into the jurisdiction of the Copyright Claims Board, the matter will proceed to mediation to be conducted online through JAMS. If mediation is unsuccessful in resolving the dispute, then you and we will proceed to the arbitration procedures in the next paragraph.

1. If we get to the stage of arbitration, any dispute, controversy, or claim arising out of or relating to these terms or your purchase or use of our products or services will be referred to JAMS in King County, Washington, under JAMS’ Streamlined Arbitration Rules and Procedures. JAMS will determine the outcome of the dispute.
2. If you are situated outside of the United States, JAMS will use the JAMS International Arbitration Rules.
3. By “any dispute,” we mean any, including disputes over whether we even formed an agreement, how to interpret our agreement, whether or how there was a breach, whether or how there was a termination, and even whether or not claims are arbitrable.
4. You and we agree that the laws applied to govern this agreement will be the laws of the State of Washington, without regard to the conflicts of laws provisions.
5. You and we further agree that arbitration must be on an individual basis. This means neither you nor we may join or consolidate claims in arbitration by or against other purchasers or users of our products or litigate in court or arbitrate any claims as a representative or member of a class.

1. You and we agree that any arbitration (or court action if arbitration fails) initiated hereunder must be brought no later than one hundred and eighty (180) calendar days after the event causing the dispute first occurred.
2. However, if we start with mediation, the initiation of mediation shall toll (in lay terms, "pause the running of") the limitations period from the date of mediation's initiation through the date of its completion.

1. If arbitration fails and court action is involved, the governing law shall be the laws of the State of Washington (excluding Washington’s conflict of laws rules) and the laws of the United States.
2. The parties agree to the personal jurisdiction in, and exclusive venue of, the federal or state courts located in King County in the State of Washington.

1. You must have an account at wow.boomlearning.com to use Boom Cards. There are free and paid subscriptions that enable use of an account.
2. All subscriptions are pre-paid and non-refundable. Accounts are forfeitable if you violate our terms of service.
3. Each subscription tier has specific included benefits. For paid subscription tiers, the benefits are set forth in the pricing tableau on the Pricing page at the time of purchase or renewal. We reserve the right to limit benefits associated with a tier to usage commensurate with the intended purchaser and associated seats.
4. We reserve the right to add or remove additional benefits from any tier at any time. Benefits not explicitly and expressly stated as included are subject to removal at any time.
5. Free accounts are intended for individual personal use and have limited features, including limitations on their ability to interact with paid account users.
6. We may discontinue any previously offered tier. We reserve the right to change, add, or discontinue subscription tiers at any time at our discretion. Changes to subscription offerings will take effect for you upon renewal.
7. We use technical controls to enforce tier limits.

1. DELETION IS NOT REVERSIBLE.
2. Points and Subscriptions on Deletion
   
   1. Points are nonrefundable, non-transferable, and forfeited on account deletion. Subscription fees are also non-refundable, non-transferable, and forfeit on account deletion or violation of our terms of service.
3. Student Deletion
   1. You may add and delete students. When you delete a student, you delete the record of that student’s past work.
   2. To protect student privacy, we take you at your word when you issue a deletion instruction.
   3. See our Data Privacy and Security Plan for our statement of automatic deletion of student records.
4. Account Deletion
   
   1. You may delete your Educator account using Account Deletion from My Settings at any time, without notice to us. Publishers have limits on their ability to delete their account.
   2. We may, at our discretion, close or suspend your account at any time for any reason, with or without notice.
   3. Account deletion is permanent and irreversible. Decks created but not sold are permanently destroyed.
   4. To minimize privacy risk, we delete unused Educator accounts as described in our Data Privacy and Security Plan.

1. Boom Cards are licensed to a single individual. Each individual must have his or her own account.
2. With the purchase of a Boom Cards license, you get a limited use license personal to you, regardless of where you purchased them. You may not share Boom Cards licenses with others except as strictly allowed in the Boom App and according to our documentation (for example, assigning a decks to the students in your account).

3. Subscriptions offered to individual Educators are for use by a single individual Educator and access is not to be shared with other Educators.

1. We use a first-purchaser rule to determine account ownership, as between the individual Educator or the organization that the individual works for. The first purchaser owns the account.
2. The following actions will not change the ownership of an account:
   1. Purchasing licenses for Boom Cards or assets for an existing account. The purchase is a gift to the account owner.
   2. Paying for a subscription for an existing account. The purchase is a gift to the account owner.
3. The following actions will change the ownership of an account:
   1. Release by a District of an account to an individual. All licenses in the account at the time of release are deemed a gift to the individual.
   2. Accepting an invitation from a District to join an organization’s District account is an agreement by an individual to transfer ownership of the account to the inviting District, including all licenses to individual Boom Cards and assets in the account.
4. 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.

1. From time to time, we offer paid referrals and/or other special offers. You may opt in to have your information disclosed to the referring party.
2. We are not obligated to offer rewards, referral fees, or any other special offer. We can change or discontinue any referral, reward, or special offer program at any time, at our sole discretion.
3. We don't need to compensate you for giving a review, referring customers, or spreading the word. If you are compensated for discussing us, you must disclose that your endorsement is "sponsored" by us or that you received payment for your endorsement.

1. Cloud Only: Boom Cards 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. You license rights are limited: when you abandon or close your account your license rights expire.
2. Commercial Use is Limited to Publishers
   
   1. Publisher accounts may engage in the commercial use of decks they created and own. If you wish to engage in the commercial use of decks you purchase, you must have a Publisher account and the consent of the Publishers for each deck you wish to use commercially. Accounts that violate this rule will be banned and forfeit and the account holder banned permanently.
   2. Use of purchased decks in a manner consistent with the benefits and limits of your subscription tier with your assigned therapy clients, your assigned students, or 1:1 or with a small group of your tutees, is considered an educational use and not a commercial use.

1. You may use Assets you made yourself or that you have permission to use (you have licensed). You can purchase Asset licenses from the Boom Store. You can also purchase them from a variety of other locations. If you do so, make sure that your permission allows use with Boom Cards. Don’t use images of people unless you have their permission (a right of publicity clearance) or the law permits the use.
2. If we determine that you may not lawfully use Assets you upload, use, or purchase, we reserve the right to block you from accessing that Asset.
3. Assets Licensed from the Boom Store: When you license Assets from the Boom Store, your license allows you to include those Assets in Boom Cards decks you create and to use Assets included in decks with your students. Boom Cards decks are limited to the Boom platform and can only be accessed so long as the user maintains the account. You may modify assets to the extent allowed by the tools included in the Boom App. Asset publishers may provide more generous terms to you in their license of their assets. If so, their terms apply.

1. We require all our customers and users to follow these rules and applicable law along with any additional applicable Acceptable Use policies found in other terms of service and/or our FAQs. We do our best to provide the information you need to follow them. We will tell you if you make a mistake. We expect you to fix your mistake, if we tell you that you need to. You must
   
   1. only disclose the private information of others that you have a right to disclose and only to authorized persons;
   2. only incorporate the intellectual property of others into materials you make or license with permission or a right under law;
   3. give credit where you are required to give credit;
   4. comply with all applicable laws that apply;
   5. access Boom Learning only through pages we make publicly available using your authorized login credentials;
   6. ensure messages and electronic instructions delivered to us do not include malicious code or otherwise attack our systems;
   7. create, select, share, and deliver to students materials that distinguish fact from opinion and that are factually accurate (supported by verifiable and substantial evidence);
   8. avoid including material that contains advertising or marketing content in materials directed to K-12 students;
   9. take responsibility for any artificial intelligence (AI) created materials you incorporate into Boom Cards, including complying with our Use of Artificial Intelligence (AI) policy; and
   10. review all materials created, selected, shared, and delivered to students to ensure they do not contain materials that are biased, offensive, inappropriate, hateful, indecent, harassing, or unlawful, considered in light of the age of the students who are the intended users of the materials (as judged solely by us).
2. Do 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).
3. We make 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. To the extent you choose to access our products and services, you do so at your own risk and are responsible for compliance with any applicable laws, including applicable local laws.
4. You can report abuse, bias, or infringement informally by clicking Reviews and Report for the deck at issue.

1. Failure to conform to our Acceptable Use policies can result in your account being suspended or locked out. We are not required to monitor our sites and apps. We have a right to monitor our sites and apps. We proactively edit and unpublish Boom Cards that violate applicable policies.
2. In our sole discretion, at any time, and without telling you in advance, we can
   1. remove content,
   2. suspend you,
   3. ban you, or
   4. pursue other remedies against you.
3. To facilitate legal remedies against you if you make bad choices, we reserve the right to provide information to third parties such as
   1. our publishers,
   2. schools and organizations,
   3. law enforcement,
   4. supervisory authorities and regulators, and
   5. attorneys general.
4. You agree that we will not be liable to you or any third party for any suspension or termination of your account. If we terminate or ban your account, you will forfeit your account. If you were banned for unfair, false, misleading, or deceptive practices, you also forfeit any payouts owed to you. You won't be able to set up a new account without our permission. You must pay a new amount to reopen an account that we terminated. We can ban you permanently, which means that any new account you create is immediately forfeit, regardless of when we discover the account. These measures have been implemented to protect the integrity of the educational service we provide.

1. You may not embed any video that contains an advertisement. Before embedding, watch videos in full to ensure that no advertisements are displayed. If your hosting service changes its rules to add advertisements, you must update your videos.
2. You may not collect personally identifiable information from any user via a video link. Before including a video link in a deck, you must turn off all marketing settings that collect information.

1. Non-refundable, Non-Transferable, and Forfeitable: Points are non-refundable and non-transferable and forfeitable. Points do not constitute a personal property right and have no value outside Boom Learning. Points are and remain at all times the property of Boom Learning. Points have no cash value and cannot be exchanged for cash. If you delete an account or we delete a stale account that is no longer being used, and the account has unused points in it at the time of deletion, all points are forfeited and are unrecoverable. Please read our Data Privacy and Security Plan for when we delete stale accounts. We reserve the right to discontinue the availability of points at any time. If we suspect fraud or abuse regarding your points, we may cancel, suspend, or limit your ability to redeem points. We may also elect to reverse all transactions involving such points. We delete points we determine were obtained fraudulently. We may charge you for the value you obtain by fraudulently using points. Purchases of points have daily maximums.

1. All renewals, whether automatic or not, are renewed from the date the account expired, not the date of the renewal. Maintaining your account even if you are not actively using it has costs.
2. You agree that we may automatically extend or renew your account if you have not opted out of automatic renewal. Paid subscriptions with auto-renewal automatically renew on the day after the subscription expires. During checkout, you can change whether or not your account automatically renews. After purchase, you can change your auto-renewal status in Settings. If your payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not update your payment method and/or timely cancel your subscription, you will remain responsible for any uncollected amounts. If we cannot charge your payment methods, we reserve the right to terminate your subscription.
3. Continuous until Canceled: Auto-renewal subscriptions are continuous until cancelled. By purchasing an automatically renewing subscription, you authorize us to charge you for recurring monthly or annual fees and the rate then in effect at the time of renewal. Settings will show the date by which a cancellation is effective and will show your next renewal data and renewal rate. You can also contact us for support. You can cancel in Settings. Your renewal term will be the same duration as the initial term you purchased. This means if you purchased an annual subscription plan, your automatic renewal will be for an additional year. If you purchased a monthly subscription, your automatic renewal will be for an additional month. If you purchased an annual subscription, you must opt out of automatic renewal at least 30 days before the renewal date. If you have purchased a monthly subscription, you may cancel at any time in Settings and your Subscription will terminate when the current term ends.

1. Downgrades and upgrades of your subscription tier are immediate.
2. Subscription purchases are non-refundable except at our sole discretion (such as when you accidentally open two accounts and purchase duplicate subscriptions).

1. Unless otherwise provided, all purchases and redemptions are final and nonrefundable.
2. We decide whether we will issue a refund. Our decision to issue a refund for a particular customer does not oblige us to reverse redemptions to any other customer or for any other product.
3. We can only issue refunds for purchases made directly from Boom Learning. Direct all other refund requests to the site from which you made the purchase. We receive no payments and no payment information from other sites.
4. If we cancel or suspend your account, your right to acquire and use subscriptions and licenses stops immediately.

1. You must contact us to request a refund. If your payment information was used to make a purchase at Boom Learning and you did not authorize that purchase, please contact us, and we will investigate. For the safety and security of our customers, we will not release the purchaser’s identifying information to you. If we have reason to believe a crime was committed, we will report that information to the appropriate authorities.
2. Disputes Result in Accounts Being Locked and Chargebacks of Dispute Fees:
   1. To ensure we are working with an authorized person, when a dispute is made, we lock the account to prevent additional charges and to preserve the status quo while investigating the dispute.
   2. If you dispute a charge without contacting us or requesting a refund first, we reserve the right to charge you the dispute fee, which can be $15 to $35 per dispute. If we determine you used an unauthorized method of payment, you will be charged the dispute fee. The dispute fee is determined by your financial institution and our payment processor.
   3. If the dispute was not valid (for example, if it was your payment card and you redeemed the points or continued using the subscription) but is nonetheless resolved against us, you will be required to pay the chargeback before you can continue using your account. Accounts will not be unlocked until there has been a resolution, either between us, or by the financial institution the dispute was submitted through.
   4. When a charge is disputed, we will reclaim the purchased items (refunding decks, reducing available points, and expiring subscriptions). We may reclaim the dispute fee by assessing it against any positive credit on your account, including credits created by us and/or returning purchases until there is a sufficient credit to reclaim the dispute fee.

1. any and all information and products you provide to us are truthful, accurate, complete, current, and in compliance with these terms;
2. any email address you provide is yours and you have not impersonated any person or used a username or password that you are not authorized to use;
3. you are fully authorized to provide the products and to authorize us to provide the products to others; and
4. your products, and any site to which your products link:
   1. comply with all applicable laws and regulations, including those meant to prevent money laundering;
   2. do not infringe, misappropriate, or otherwise violate the intellectual property right of any third party;
   3. do not breach the rights of any person or entity, including without limitation rights of publicity or privacy, and are not defamatory;
   4. do not and will not result in consumer fraud (including being false or misleading), product liability, tort, breach of contract, injury, damage, or harm of any kind to any person or entity; and
   5. do not advertise to students.

1. To the extent allowed under applicable law, at our request, you will defend, hold harmless, and indemnify us and our directors, officers, employees, agents, affiliates, and each of their successors from and against all third-party claims, actions, demands, proceedings, damages, costs, and liabilities of any kind that arise out of or relate to:
   1. your products;
   2. your use of Boom Learning or our Publishers' products;
   3. your violation of laws or applicable regulations;
   4. your breach of your warranties, representations, or obligations under this agreement;
   5. your direct communications with others, including direct communications between customers and Publishers; and
   6. other claims that arise out of your actions, products, or use.

2. We will be entitled, at our expense, to participate in the defense and settlement of the claim or action with counsel of our choosing.

1. Everything is provided "as is" and is subject to change without notice.
2. The Boom App, Boom Cards, and the content/products found on the Boom App, as well as other products and services you purchase or license from us are provided “AS IS” and “AS AVAILABLE” without warranty of any kind, whether express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. The entire risk arising out of the use or performance of the Boom App or other products or services you purchase or license from us remains with you. No oral or written communication from us to you creates any warranty. We and our Publishers may change, suspend, or discontinue the Boom App or any product at any time for any reason, with or without notice. If we discontinue services, your resources may not be available to you. You agree that neither we nor our Public Publishers shall be liable to you or any third party if the Boom App or any product is changed, suspended, or discontinued.

1. We work hard to make sure our system is available, but there are a substantial number of factors beyond our control in providing the services, including browser updates, filtering software, District IT settings, and more. As a result, we cannot guarantee that any or all features will always work, or that the Boom App will be continuously available to you or your students.
2. We and our 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 suppliers, or the content. Our and our suppliers’ liability to you is limited whether or not the harm to you was foreseeable. We and our 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.
3. Our and our suppliers’ liability to you is limited to the amount actually paid by you to us, if any, for the product(s) at issue. If you are a supplier, we will not be liable to you for amounts in excess of proceeds due and payable by us to you for the six months preceding the claim. YOU AGREE THAT YOU ARE WAIVING CLAIMS THAT YOU MAY NOT KNOW OR SUSPECT YOU HAVE AT THE TIME YOU ENTER INTO THIS AGREEMENT. YOU AGREE TO SPECIFICALLY WAIVE ANY CLAIMS AS A CREDITOR YOU MAY HAVE THAT YOU DO NOT KNOW OR SUSPECT EXIST IN YOUR FAVOR. YOUR WAIVER AS A CREDITOR INCLUDES WAIVER OF CLAIMS THAT WOULD HAVE MATERIALLY AFFECTED HOW YOU WOULD SETTLE A MATTER IN WHICH WE ARE A DEBTOR TO YOU. You acknowledge and agree that we cannot ensure that either content or data will be protected from theft or misuse. We have no liability arising from a failure of any system or feature that limits the use of content or data.
4. 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.

1. Scraping refers to the use of an automated process to extract data from our site, including components of Boom Cards, and the Boom Cards themselves. You may not scrape any of our properties for any reason. Search engines that comply with our robots.txt instructions are permitted to index only pages that we authorize for indexing.
2. You are prohibited from using any of our properties for any activity that
   1. facilitates 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;
   2. uses a robot, spider, or other automated process, or manual process to monitor or copy the Boom App, or any portion thereof, without our prior written consent;
   3. uses any device, software, routine, or process to bypass any technology protecting access to the Boom App; or
   4. interferes with or attempts to interfere with technology protecting access to the Boom App.

1. We Can Assign to a Successor: We may assign any rights we have under any agreement to any successor or purchaser of our company 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 you assign your rights or obligations to another party, you 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. You are fully and completely responsible for the actions of any Delegee, whether adult or student. You are responsible for all actions of your Delegees. To the extent allowed under applicable law, you will indemnify Boom Learning for any actions taken by your Delegees as if they were you. Adult Delegees must have a paid Boom subscription to act as a delegee. Delegees have access to your Assets.