Terms and Conditions

Last modified: 2017.06.17.

These terms and conditions (the „Terms”) govern your („you” or „Customer”) access to and use of boomla.com and its related services (the „Services”) operated by GardeMatic Ltd („Boomla, „we”, „us” or „our”). By using the Services, you agree to be bound to these Terms, whether or not you are a registered user of the Services. If your are using the Services on behalf of an organization, you are agreeing to these Terms on behalf of that organization and stating that you are authorized to do so. In that case „you” and „Customer” will refer to that organization.

For avoidance of doubt, the Boomla software you can download has a different license.

You may only use the Services if you have the power to form a contract with Boomla and are not prevented from doing so by applicable law.

Boomla reserves the right to revise and change the Terms at any time with notice to registered users. Boomla will send email notifications to registered users to ensure they are aware of such changes. Anonymous visitors bear the responsibility to revisit the Terms page on our website periodically to ensure they are aware of any changes. When updating the Terms, we will update the „Last modified” date on top of the document. By continuing to access or use the Services after changes become effective, you agree to be bound be the new Terms. If you do not agree to the new Terms, please stop using the Services.

ACCOUNT

Some areas of our Services are password protected or secured, only accessible to authorized users. You may not use the Services for unauthorized or illegal purposes, or purposes otherwise prohibited by these Terms. You may only use the Services in accordance with your subscription, and you agree not to circumvent such limitations.

If you register to our Services, you are responsible for maintaining the security of your account and password, as well as access to your associated email mailbox. You are fully responsible for all activities that occur on your account or actions taken in connection with your account. You may not share your username or password, misrepresent your identity or your affiliation with an entity, or misstate the origin or any materials you are exposed to through our Serivces, unless you were expressly authorized in writing to do so. If you violate these obligations, you may be subject to prosecution. Boomla is not liable for any acts or omissions by you, including but not limited to damages of any kind incurred as a result of them.

Our Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13.

If your contact information or other information related to your account changes, you must notify us promptly and keep your information current.

CUSTOMER WEBSITES

You are solely responsible for any contents published on your websites created and hosted with Boomla. You agree not to infringe on any copyright laws or otherwise cause damages to third parties.

PAID SERVICES

Parts of the Services may be offered as distinct products („Products”). Products may be provided for free, while others for a fee, be it a one time fee or recurring subscription fee. If you choose to use our Products, you agree to the terms of sale, pricing, payment and billing policies applicable to those Products. Boomla may add, remove or modify Products at its sole discretion with or without prior notice.

Boomla may change Product prices any time at its sole discretion. Boomla must notify you about any price changes affecting your subscriptions at least 15 days prior to taking effect. This notification my be in form of an email. It is your responsibility that you read the notification email. Price changes are also updated on our website. If you miss our notification email, price changes published on our website are considered a legitimate notification. Should you still miss out on increased price changes, you have 15 days after the day of billing to cancel your subscription in reference of the price change. In this case Boomla will refund the difference amounting from the price increase. Active billing periods are not interrupted, those will run out and be billed on the prior terms. Not canceling the Product subscription until the effective date of pricing change means you agreed to the pricing change.

Unless you have canceled your subscription for subscription based Products until the end of the applicable subscription period, you subscription will automatically renew and authorized us to collect the then applicable subscription fees as well as any taxes if applicable.

In the event that you cancel your subscription within a subscription period, your cancellation will take effect at the end of the applicable subscription period.

Payments which are not paid on the due date, nor in accordance with the specified conditions in the contract or invoices shall accrue an interest at a rate of 1% per month, without prejudice to the right to reimbursement of the costs or compensation for any actual direct or indirect damage resulting from the delay of payment suffered by Boomla, its partners and or affiliates. In case of a payment backlog, Boomla reserves the right to suspend any of its own obligations until the payment backlog is cleared, or to terminate the contract and keep all payments already made by Customer to Boomla, without prejudice to the right to reimbursement of the costs or compensation for any actual direct or indirect damage resulting from the delay of payment suffered by Boomla, its partners and or affiliates.

REFUNDS

All refunds are entirely at the sole discretion of Boomla, unless otherwise specified in these Terms for special cases.

Boomla may issue refunds due to loss of service, at our sole discretion. We may offer service credit instead of cash.

DISCLAIMER

The Services are provided „as is”, „as available” and „with all faults”, without express or implied warranty or condition of any kind. Boomla expressly disclaims any warranties of merchantability, fitness for a particular purpose, accuracy or non-infringement. Without limiting the forgoing, Boomla does not warrant that the Services will meet any of your requirements, that the service will be uninterrupted, reliable, accurate, secure or error-free. Use the Services at your own risk.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no event will Boomla, its affiliates, directors, officers, employees, agents, partners, suppliers or licensors be liable for any indirect, special, incidential, punitive, exemplary or consequential damages, regardless of legal theory, whether or not Boomla has been warned of the possibility of such damages, including, without limitation, damages for loss of profits, cost of replacement goods, goodwill, use, data or other intangible losses, including damages that result from the use of, or the inability to use the Services, and even if the remedy fails of its essential purpose. In no event shall Boomla, its affiliates, directors, officers, employees, agents, partners, suppliers or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs that exceed the amount of fees paid by you to Boomla under this agreement during the three (3) month period to the cause of action.

BOOMLA PROPERTY

These terms do not grant you any right, title or interest in the Services, software or the content in the Services. All materials, including, without limitation, any software, graphics, illustrations, logos, patents, trademarks, service marks, copyrights in connection with our Services are considered to be the property of Boomla or its affiliates, licensors or partners and are protected by the copyright laws of respected Countries. Materials that are extracted from our Services may not be used for commercial purposes without prior written consent of Boomla.

EXTERNAL CONTENT

Our websites, Services or other materials may contain links to third-party websites or resources. Boomla does not endorse and is not responsible or liable for their availability, accuracy, the related content, products or services. Your are solely responsible for your use of any such websites or resources.

TERMINATION

You can stop using our Services at any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. Should this happen, Boomla may notify you in advance, but there may be reasons where we may have to suspend it immediately (for example violating the Terms, court order, etc.).

INDEMNITY

You agree to indemnify, defend, and hold Boomla harmless from and against any third-party claims, liabilities, damages, losses or expenses, including attorneys’ fees, arising out of, based on or in connection with your access and use of our Services, including but not limited to your violation of these Terms.

MISCELLANEOUS LEGAL TERMS

These terms and the use of the services shall be governed by the law of Hungary without giving effects to any conflicts of laws principles that may require the application of the law of a different jurisdiction. All claims arising out of or relating to these terms or the Services must be litigated exclusively in the Metropolitan Court of Budapest, Hungary, and both parties consent to venue and personal jurisdiction there. These Terms constitute the entire and exclusive agreement between you and Boomla with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. Boomla’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Boomla may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Boomla and you are not legal partners or agents; instead, our relationship is that of independent contractors.

IMPRESSUM

Company name: GardeMatic Ltd.
Office: Gordonka street 8, H-1163 Budapest, Hungary
Tel: +36 (30) 347-5412
Email: thalter [at] boomla.com

Executive Officer: Tibor Halter
Registered: at Budapest Metropolitan Court, 0109264189
VAT ID: HU10842926