Terms of Service

Modified on: May 20, 2025

Effective Date: July 1, 2025

This Boom Learning Terms of Service document is a Binding Agreement.
1. You, the adult Educator or Publisher who makes an account with us, must click in the Boom App to let us know that you agree to these Terms of Service and the General Privacy Notice, incorporated here, before using the Boom App and associated Boom Learning products and services.
2. Our Entity Terms of Service, rather than these Terms of Service, automatically apply to Entity purchasers. "Entity" means schools, school districts, hospitals, therapy practices, and educational services businesses (for-profit or non-profit) that are not individuals. The only exception is that Publishers who are businesses are covered by these Terms of Service and not the Entity Terms of Service. If you represent an Entity, please complete and return the Entity Terms of Service so we have the information we need for your contract with us.
3. OUR TERMS CONTAIN A BINDING ARBITRATION PROVISION, A WAIVER OF CLASS-ACTION RIGHTS, AND A WAIVER OF THE RIGHT TO A JURY TRIAL. THESE AFFECT YOUR LEGAL RIGHTS. EITHER YOU OR WE MAY ENFORCE THIS AGREEMENT.
4. Take Note of the Terms that Apply to You: The Notices and Terms are listed below in the order of precedence. If there is a conflict between the terms of one or more documents, the term in the document on the list with the lower numeral will prevail over the terms with a higher numeral.
  1. Students: Student accounts are subsidiaries of Educator or Entity accounts. Educators and Entities inform students of the terms applicable to them.
  2. Entities: See the Entity Terms of Service.
  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 publish Boom Cards or assets for purchase to the public, are bound by
    1. The Premier Publisher Terms of Service, if a Premier Publisher,
    2. The Publisher 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 or Boom Cards.
5. Changes
  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 Cards. If you do not wish to accept the new or revised terms, you must cancel your subscription and, if applicable, withdraw your products from our Store.
6. Who "We" Are and How to Reach Us
  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
7. Who "You" Are
  1. "You" means the adult Educator or Publisher 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 an Entity with students, Boom Learning agrees that the school is a beneficiary of the terms. If the purchase is made with Entity funds, the Entity Terms of Service apply.
8. Prohibited Countries and Restricted End Users
  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 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.
9. What We Are - The Boom Learning Products and Services
  1. We give you a platform at wow.boomlearning.com 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. We offer Publishers tools for selling and sharing Boom Cards on other marketplaces (“External Marketplaces“).
  3. We offer a marketplace for obtaining and listing 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 "Boom App"). 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".
Dispute Resolution, including ARBITRATION
1. Negotiations First: If we have a falling out, before calling in the big guns (aka arbitration), you and we shall attempt in good faith to resolve all disputes by negotiation over a period of at least ten business days.
2. Mediation or Copyright Claims Board Second
  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.
3. ARBITRATION and CLASS ACTION WAIVER
  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.
4. You Must Bring a Dispute Within 180 Calendar Days of the Triggering Event ("The Limitations Period")
  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.
5. Venue and Choice of Law if Court Action is Involved
  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.
Account Management and Ownership
1. Accounts and Subscriptions
  1. You must have an account to use Boom Cards. There are free and paid subscriptions.
  2. All subscriptions are annual, pre-paid, and non-refundable.
  3. Free accounts allow you to play purchased Boom Cards using Fastplay.
  4. Paid subscriber accounts allow you a number of benefits including the ability to track student progress based on the number of seats you purchased, create your own Boom Cards, and get special discounts.
  5. 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 on renewal.
  6. We may also introduce new technical controls to enforce current tier sizes at any time. The number of student seats available and the feature set determine the tier size.
2. Account Deletion and Closure
  1. DELETION IS NOT REVERSIBLE.
  2. Points and Subscriptions on Deletion
    1. Points purchased after July 1, 2021, are nonrefundable. Subscriptions are also non-refundable.
    2. If you purchased points before July 1, 2021, and those points are still in your account unspent (we use a first-in, first-out method of accounting):
      1. If you want a refund of those points, you must request it before deleting your account (or before we delete it automatically).
      2. Once an account is deleted, points are forfeited and non-refundable.
  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 deletion schedule for automatic deletion of student records.
  4. Account Deletion
    1. You may delete your account using Account Deletion from My Settings at any time, without notice to us.
    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 deletion schedule.
3. Account Sharing is Not Allowed
  1. Boom Cards are licensed to a single account operated by a single individual. Each individual, whether their account was purchased directly or by an entity, must have his or her own account. Use our Colleagues feature to share students with co-workers.
  2. You may not share Boom Cards that you purchase at any location with others through any method.
  3. Fast Pins allow you to interact with students without tracking student performance. Fast Pins expire and must be regenerated once they have expired. We reserve the right to limit the number of Fastplays per account to a number commensurate with the number of students licensed for your tier.
  4. Your subscription tier may allow other assignment methods and a specified number of students.
4. 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 not change the ownership of an account:
    1. Purchasing points 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 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.
  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.
5. Referrals, Rewards, and Special Offers
  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.
What You Can Do with Boom Cards
1. All subscription tiers have specific limits and conditions. Consult the subscription tableau for options. We reserve the right to change subscriptions and subscription plan limits, conditions, and tiers from time to time. Some examples of things you can do with Boom Cards include
  1. Redeeming them.
  2. Assigning them to your students or therapy clients. FastPlay is available for all accounts. Other methods require a paid subscription.
  3. Displaying and performing them with your students or therapy clients or demonstrating them to others associated with your school or practice.
  4. Setting Custom Play settings for Hyperplay and assigned decks.
  5. Giving feedback, rating them, and contacting the publisher.
  6. Printing them for your students.
  7. Creating them (subject to limits based on your account tier).
  8. Sharing or transferring ones you’ve created with your team.
2. Modifications: Boom Cards are owned by their publishers. You receive the right to use them. Publishers reserve the right to modify Boom Cards after purchase to correct errors and omissions.
3. What You Can't Do with Boom Cards
  1. 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.
  2. Commercial Use is Limited to Publishers
    1. Publisher accounts may engage in the commercial use of decks, including resale and sharing by any method (including but not limited to Fastplay, assignment links, and screen shares), whether as part of an online course, posting decks to an advertising site, or selling them through any channel, including email and social sites, and posting to any internal site in excess of the permitted uses of the subscription tier. 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 decks with your assigned therapy clients, your assigned students, or 1:1 or with a small group of your tutees, consistent with the limits of your subscription tier is considered an educational use and not a commercial use. We reserve the right to add maximum limits to Fastplays and Fast Pins for integrity purposes to prevent abuse of educational tiers. Entities must have adequate licenses per student or per Educator for team, district, or school wide use of Fastplay and Fast Pins.
4. Using "Assets" (Images, Fonts, Sounds, Videos, Gifs, and More)
  1. Use assets you made yourself or that you have permission to use. You can purchase assets for use 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. We take steps to prevent right-click saving of images, so many artists will say “yes” that would otherwise say “no” to digital use. Don’t use images of living people unless you have their permission (a right of publicity clearance). For dead people who have been dead less than 70 years, the question gets more complicated, and you should contact an attorney for guidance.
  2. We reserve the right to block you from accessing assets you upload, use, or purchase, if we determine that you may not lawfully use the asset. We, in our sole discretion, will decide whether you are entitled to a refund for assets you purchased from a publisher on the Boom App.
  3. Assets Purchase from the Boom Store: When you buy assets from the Boom Store, you get permission to include those assets in decks you create and to use assets included in decks with your students. 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. If so, their terms apply.
Acceptable Use Policy
1. The Policies
  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 sell with permission;
    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 AI Acceptable Use Policies; 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 Boom Cards deck at issue.
2. Bad Choices Have Consequences
  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 acceptable use 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 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,
    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 current subscription and any points in 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, including all points, subscriptions, and credits in the account, regardless of when we discover the account.
3. Special Rules for Video
  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, 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.
4. Fair Use: Using Boom Cards in your own classroom is typically a personal use and may qualify for the fair use rules for teachers. Sharing with colleagues is a different story. Sharing will often be considered a commercial use, which means that fair use may not apply.
5. Providing Proof of a License: We can require you to provide proof of a license for any element of a Boom Cards deck you have made, whether or not you have published or shared it. If you cannot provide proof of a license, we will presume you do not have the right to use the material. We have the right to modify, delete, or unpublish items. We'll take these actions if you do not have sufficient rights to any deck element. We have a right to share your proof of a license with any rights holder who challenges whether you have a license.
Reporting Infringements
1. 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.
2. Digital Millennium Copyright Act (DMCA) provides specific guidelines for reporting infringement of your copyrights to us and tells us what we must do when we receive your complaint. If you think your copyrights have been violated, please tell us. We act on compliant requests. If you add patent or trademark claims to your DMCA notice, we will reject it as non-conforming. If you choose to use the DMCA, we expect you to get it right.
3. We prefer to work with rights holders using a less formal, more interactive, and more flexible approach where we educate educators about the allowed and disallowed use of materials. You can contact our integrity team. Trademark claims should be submitted through this process. Also, you can use the Report tool for the deck (found in the Reviews tab). Please include your concern, your legal right to demand we act, and the actionable remedy you are seeking.
Parents: 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.
FERPA Compliance: We are Family Education Rights and Privacy Act (FERPA) compliant. We do not require student personally identifiable information to serve our educational purpose.
Data Storage: 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.
Duty to Inspect
1. Before you assign any material, you'll need to look it over to make sure it's suitable for your students. If you buy a deck and then determine it is not appropriate, you may request a refund if it was purchased with Points. You will need to identify the deck title, deck publisher, and a brief statement of the issue with the deck. 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. It is your responsibility to review the material before assigning it to students. We are not responsible for the accuracy, appropriateness, lawfulness, or truthfulness of any content.
Talking About Each Other
1. Give Credit: Please talk about Boom Cards. Be sure to give credit where credit is due. If something is not yours, don't claim it is. If you post an image of Boom Learning or Boom Cards to any social media site available to the public, you grant Boom Learning and the publisher permission to repost that image as long as we give you credit.
2. Feedback and Ratings: We and our publishers may freely use any suggestions, ideas, or other feedback you give. Freely means without restriction and without owing you money or compensation. Ratings you give 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 you make about Boom Cards and Boom Learning so long as we give you credit.
Payments, Fees, Renewals, and the Like (All Are in USD)
1. You Pay All Applicable Charges: Prices exclude taxes and currency exchange settlements unless stated otherwise. You are responsible for paying taxes or other charges. If your account is canceled, you must pay all charges made to your account before the cancellation takes effect. Failure to provide valid payment may result in you being banned (you will not be able to access your account). Banned users must still pay what they owe us.
2. We Provide Electronic Receipts, Invoices, and Statements in USD: All monetary amounts are expressed in US dollars ("USD"), and we expect payment in USD funds. We give you electronic receipts, invoices, and statements. You will receive email receipts from the payment processor you selected. You can find a record of your purchases in My Settings. These are the only receipts, invoices, and statements we provide.
3. You Have 180 Days to Tell Us We Made a Mistake: It is your responsibility to print or save copies for your records. If we make an error on a receipt, you must report the mistake to us within 180 days after the error appears. You agree that if you do not inform us within 180 days, you release us from all claims of liability and loss resulting from the error. You further agree that we will not be required to correct the error or provide a refund.
4. Direct Billed Orders: In our sole discretion, we may elect to fulfill an order and invoice you for a service you have ordered and used. All invoices must be paid within 30 days of issuance. If you don't pay an invoiced service bill, we will cancel subscriptions and remove points. You will be responsible for all usage and points expended for which you failed to pay. We reserve the right to send the bill to collections for the unpaid amount.
5. Points: Points are purchased in US dollars. Points can only be used to redeem Boom Cards and assets for making Boom Cards from Boom Learning. They enable transactions that would otherwise be cost-prohibitive for us to provide. If you have insufficient points in your account to check out products, you will be prompted to purchase points first. After you buy the points, you will be directed to go back and check out the products.
  1. Chargebacks to Points: We may spend your points or enter a negative points balance to obtain satisfaction of a debt you owe us, including debts for dispute fee chargebacks.
  2. Non-refundable and Non-Transferable: Points are non-refundable and non-transferable. Points do not constitute a personal property right and have no value outside 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 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, and we may 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.
6. Subscription Renewals (AUTOMATIC and otherwise)
  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.
7. Upgrades, Downgrades, and Refunds
  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.
8. All Sales are Final
  1. Unless otherwise provided, all purchases and redemptions are final and nonrefundable.
  2. We decide if we will or will not 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 products stops immediately.
9. Chargebacks, Dispute Fees, and Account Locks
  1. You must contact us to request a refund.
  2. Disputes Result in Accounts Being Locked and May Result in 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 institutions and our payment processor.
    3. If the dispute was not valid (for example, if you spent 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, removing points and expiring subscriptions). We may reclaim the dispute fee by removing points, adding a negative points balance, and/or returning redemptions until there are sufficient points to pay your fee.
10. Proof of Purchase for External Redemptions: If you purchased Boom Cards from a seller other than Boom Learning, we can demand proof of purchase at any time. If you fail to provide proof of purchase we can remove any and all decks for which you are unable to establish proof of purchase. Per our Privacy Policy we can disclose your name and redemption date to the external marketplace and the Publisher for integrity purposes.
Security and Breach Response: See our Data Privacy and Security Plan.
WARRANTIES, REPRESENTATIONS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATIONS
1. Your Warranty to Us: You warrant and represent the following:
  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 that 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.
2. Your Indemnification to Us:
  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 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.
3. DISCLAIMER OF WARRANTIES - "AS IS"
  1. Everything is provided "as is" and is subject to change without notice.
  2. The Boom App, and the content/products found on the Boom App, 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 remains with you. No communication, whether oral or written, 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.
4. LIMITATION OF LIABILITY
  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, entity 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.
Additional Terms
1. No Data Scraping or Automated Collection
  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.
2. Lay Language: Rather than burden our users with technical, exhaustive, and precise references to the various intellectual property and related rights necessary, we instruct all attorneys reading this to understand that 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 you fail 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. Going Our Separate Ways: This agreement is effective from your acceptance until terminated by you or us in writing or electronically. You terminate by ceasing to use the Boom App. 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 (such as payout holdbacks for refunds).
5. Assigning Rights to Others
  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 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 Boom Cards Assets.
6. If One Term Fails, They Do Not All Fail: If the final judgment of a court or arbitrator declares any term invalid, void, or unenforceable, then you and we 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.

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