Terms & Conditions
Effective date: August 20, 2018
Effective date: August 20, 2018
Express Teleservice Corporation d.b.a. Boomware (Boomware, “us”, “we”, or “our”) and provides messaging, voice, and other communication services (the Services) and operates the Boomware website (the “Website”).
This page informs you of our terms and conditions concerning your use of the Website and the Services (the T&C). If your company has signed a separate agreement with us, then the terms of that agreement will apply to your use of the Services. The T&C set out on this page apply in addition to the terms of your agreement.
Acceptance of the Terms
Changes to the Terms
We may make some changes to these T&C from time to time without notice. The changes will be effective when published. You understand and agree that if you continue to use the Services and the Website after the date of amendment publication, it shall constitute that you accept the updated T&C.
Consent to Use of Data
By using the Services and the Website, you agree that we may collect and use data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the support and other services to you related to the Services and the Website. We may use this information to improve our Services and Website or to provide services or technologies to you.
EXCEPT WHERE EXPRESSLY AGREED OTHERWISE BY BOOMWARE, USE OF THE SERVICES AND THE WEBSITE ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND THE SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. SHOULD THE SERVICES CAUSE ANY DEFECTS, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES AND THE WEBSITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HAVE THE RESPONSIBILITY FOR THE ADEQUATE PROTECTION OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SERVICES AND THE WEBSITE AND YOU WILL NOT MAKE A CLAIM AGAINST US FOR LOST DATA, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE SERVICE AND THE WEBSITE.
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
You agree that the Services and the Website contain proprietary content, information and materials that are protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Service and the Website.
Boomware retains exclusive ownership of the Website and all intellectual property therein (whether or not registered and anywhere in the world). You will not take any action to jeopardize, limit or interfere with our intellectual property rights.
If you have any questions about the T&C, please contact us.