Terms and Conditions
Last Modified: September 2, 2024
PLEASE READ THIS DOCUMENT CAREFULLY
This document outlines the Terms and Conditions for Bomenzo (“Bomenzo,” “Company,” “we,” “us,” “our”) and applies to all users accessing our platform, which includes our suite of digital services, content, templates, tools, community resources, and other features and functionalities provided by Bomenzo (collectively, the “Platform”). These Terms and Conditions govern all individuals using the Platform, including software members, coaching clients, team members of account holders, paused plan members, and other users (collectively, “Users”). When referring to "You" or "Users," we will specify details unique to particular types of members if necessary.
1. ACCEPTANCE OF TERMS
Bomenzo is an all-in-one CRM and marketing automation platform tailored to support mission-driven businesses, speakers, and faith-based communities in managing and expanding their reach. Through Bomenzo, we offer a comprehensive suite of tools and features to simplify your operations and maximize engagement, allowing you to focus on your mission and growth. Our services include, but are not limited to, customer relationship management (CRM), marketing automation, email and SMS campaigns, funnel and website building, appointment scheduling, data tracking, lead management, and analytics (collectively, the “Services”).
The Bomenzo Platform is accessible at https://bomenzo.com/ and includes all subdomains, mobile applications, any related media, and other locations or applications associated with Bomenzo. For the purposes of this Agreement, we will collectively refer to these as the "Platform."
By using Bomenzo’s Platform, you agree to the following Terms and Conditions, which form a binding contract between you and Bomenzo. These Terms govern your access to and use of our Platform, Services, content, and tools. Please read this Agreement carefully before proceeding, as it contains important information about your rights and obligations. If you do not agree to all terms in this Agreement, you are prohibited from using or accessing the Platform in any capacity.
Note: Access to certain tools and services within Bomenzo may be subject to additional terms or eligibility requirements. These include, but are not limited to, integration with third-party payment processors (example: Stripe), compliance with data privacy standards, and adherence to all applicable marketing laws and regulations. As part of the Bomenzo community, you are responsible for complying with these standards, ensuring ethical use of the Platform, and following our Privacy Policy and any other policies we reference.
2. ELIGIBILITY AND RESPONSIBLE USE
By agreeing to these Terms and Conditions, you confirm that you meet the following requirements:
A. Age of Majority
You represent that you are at least the age of majority in your state, province, or country of residence. If you are under the age of majority, you confirm that you have obtained permission from a legal guardian or have provided any required consents to allow your use of the Platform.
B. Compliance with Laws
You agree to use the Services in compliance with all applicable local, state, federal, and international laws, regulations, and ordinances, including but not limited to copyright, privacy, and data security laws.
C. Prohibited Conduct
You are prohibited from using the Platform to engage in any unauthorized, harmful, or illegal activities. This includes, without limitation:
Transmitting viruses, malware, or any harmful code.
Engaging in actions that may interfere with or disrupt the integrity, performance, or security of the Platform.
Misusing the Platform in any manner that violates these Terms.
D. Consequences of Violation
Any breach of these Terms may result in the immediate suspension or termination of your access to the Platform and Services, and Bomenzo reserves the right to take further legal action where applicable.
3. ACCOUNT REGISTRATION
A. Account Holders
To access and use Bomenzo, each user must create an account and complete the registration process by providing current, complete, and accurate information as requested. The individual registering is considered the "Account Holder" and agrees to keep their login credentials secure and to register only once using one valid email address. Account Holders are solely responsible for any activity that occurs under their account, including actions by any authorized Team Members.
Account Holders must be of legal age and are responsible for ensuring compliance with these terms.
If an account is created on behalf of an entity (e.g., a business or organization), the Account Holder must have authority to represent and bind that entity under this agreement.
B. Team Members
Account Holders may add authorized Team Members to their account by providing individual login credentials. Team Members are permitted access only to the portions of the Services that the Account Holder grants them and must comply with these terms.
Account Holders are fully responsible for their Team Members’ compliance with these terms and any actions taken within the platform.
Account Holders agree to remove or restrict Team Member access if a Team Member’s use of the platform violates these terms or poses a security risk.
Bomenzo reserves the right to suspend or terminate access for any Team Member found in breach of these terms.
C. Security
Bomenzo prioritizes the security of all accounts and data. By registering, you agree to the following security responsibilities:
Confidentiality: You must protect your account credentials, such as your username and password, and avoid sharing them with others.
Notification of Unauthorized Access: If you suspect unauthorized access or a security breach, you must notify Bomenzo immediately at [email protected]. We are not liable for any losses caused by unauthorized access to your account.
Internal Access Controls: For added security, we may require multi-factor authentication or other security protocols. You also agree to keep your device software and browser updated for secure use.
Bomenzo reserves the right to suspend or terminate access to any account where there are reasonable grounds to believe that the Account Holder or any Team Member has engaged in activities that compromise security, breach these Terms, or violate any applicable laws.
4. PRICING PLANS AND TRIALS
A. Annual and Monthly Plan Fees; Price Changes
Bomenzo offers various subscription plans to provide flexibility for our users, which are available on an annual or monthly billing cycle (“Plans”). You can find a description of our current Plans and associated pricing on our website at https://bomenzo.com.
By subscribing to a Plan, you agree to the recurring fees, which will be billed automatically according to the billing cycle you select at registration.
Prices for Plans are subject to change. Should there be any changes in Plan pricing, Bomenzo will notify you in advance, and any adjustments will take effect at the beginning of the next billing cycle.
If you have purchased or received any special promotions, gift cards, pre-paid offers, or other discount codes for a Plan, those terms and conditions will apply in addition to these Terms.
B. Trial Period
From time to time, Bomenzo may offer a free or discounted trial period for new users (“Trial”). Trial details, including duration and any costs, will be provided at the time the Trial offer is made.
To access the Trial, you may be required to provide payment information. At the end of the Trial period, if you have not canceled, you will be automatically enrolled in a paid subscription for the Plan selected at registration.
You may cancel your Trial at any time before the end date to avoid charges. If you do not cancel before the end of the Trial period, your payment method on file will be billed according to your chosen Plan’s regular billing cycle and pricing.
Bomenzo reserves the right to modify or withdraw Trial offers at any time and for any reason without notice or liability.
C. Paused Plans
Bomenzo may allow users to pause their subscription Plan (“Paused Plan”) while maintaining their account and data on the platform, provided the account is in good standing.
During a Paused Plan, your account will remain active, but access to some or all of the Services may be restricted until you resume a regular billing cycle.
While on a Paused Plan, we may require you to disconnect or limit access to certain tools, such as payment processors or domains, to ensure data security and prevent unauthorized access.
Paused Plans are subject to specific terms and conditions and may not be available to all Plan types. For details on eligibility and availability, please contact [email protected].
5. USER PAYMENTS, CANCELLATIONS, AND REFUNDS
A. Payments
By registering for an account with Bomenzo and subscribing to a Plan, you agree to provide complete and accurate payment information and authorize Bomenzo to charge your payment method on file for the applicable fees and any recurring charges associated with your selected Plan.
Automatic Renewal: Subscription fees for your selected Plan are charged on a recurring basis, either monthly or annually, according to your billing cycle. Unless you cancel, you authorize Bomenzo to automatically charge the current subscription rate to your payment method at the beginning of each billing cycle.
Payment Authorization: You represent and warrant that you have the legal authority to use any payment method provided, and you authorize Bomenzo to process all fees and charges associated with your account. Bomenzo may use third-party payment processors to handle transactions; by subscribing, you agree to comply with the terms and conditions of those processors.
Failed Payments: If a payment fails, Bomenzo reserves the right to suspend or terminate access to your account and Services until all outstanding amounts are paid in full. You may be responsible for any fees or charges incurred by us due to a failed payment.
B. Cancellations
Account Holders may cancel their subscription Plan at any time by following the cancellation procedures outlined on the Bomenzo platform or by contacting support at [email protected].
Cancellation Effective Date: Your subscription will remain active until the end of the current billing cycle following your cancellation. After the end of the billing cycle, your account will be downgraded or closed according to the terms of your Plan.
Account Access Upon Cancellation: Upon cancellation, you may lose access to some or all of your account data, content, and Services associated with your subscription Plan. It is your responsibility to back up or export any data you wish to retain before canceling.
Non-Renewal: To avoid charges for the next billing cycle, please ensure you cancel your Plan before the renewal date. Charges for a new billing cycle are non-refundable once the cycle begins.
C. Refunds
Bomenzo’s refund policy is as follows:
No Refunds: Due to the digital nature of our Services and the extensive preparation and resources involved, all subscription fees and payments are non-refundable once processed, unless otherwise required by law. By subscribing, you agree to this no-refund policy.
Chargebacks: Any chargeback from your payment provider will result in the immediate suspension or termination of your account. Bomenzo reserves the right to dispute any chargeback and to provide proof of your agreement to these Terms to your payment provider.
Exceptions and Promotions: In certain instances, Bomenzo may offer limited promotional refund terms or conditions as specified at the time of purchase. Please review the terms of any promotion or special offer, as they may override standard refund terms.
6. INTELLECTUAL PROPERTY OWNERSHIP AND USAGE RIGHTS
A. Intellectual Property of Bomenzo
All content, materials, and functionalities provided by Bomenzo on the Platform, including but not limited to software, designs, logos, templates, data, text, images, and any other intellectual property (collectively, “Bomenzo Content”), are owned exclusively by Bomenzo and protected by applicable copyright, trademark, and intellectual property laws. No Bomenzo Content may be reproduced, modified, republished, or distributed in any form without our prior written consent. All rights not expressly granted to you in these Terms are reserved by Bomenzo.
B. User License and Permitted Use
Subject to your compliance with these Terms, Bomenzo grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license to access and use the Platform and Bomenzo Content solely for your own lawful business or personal purposes as permitted by Bomenzo. You agree not to engage in any resale, distribution, or unauthorized copying of any Bomenzo Content, nor to make any derivative works based on the Platform, except where expressly permitted by us. Unauthorized use of Bomenzo Content is strictly prohibited and may result in immediate termination of your access to the Platform.
C. User-Generated Content Ownership
Content that you upload, post, or otherwise share on the Platform remains your property, subject to the following terms (“User Content”). By uploading or submitting User Content to Bomenzo, you represent that you have the necessary licenses, rights, consents, and permissions to grant Bomenzo the rights outlined below. You retain ownership of your User Content but grant Bomenzo a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to access, store, reproduce, and use such content in connection with providing and supporting the Services. This license allows us to display or use your User Content for customer support and operational purposes.
D. Restrictions on Usage and Content Removal
The Platform and all related Content provided by Bomenzo are strictly for use within the Bomenzo ecosystem. Users are prohibited from exporting, transferring, or replicating any Bomenzo Content, User Content, or materials to other platforms, software, or ecosystems. Additionally, upon cancellation or termination of your account, we may delete or remove your User Content without notice. Bomenzo has no obligation to retain User Content after cancellation or termination, and any claims for loss or access to User Content post-cancellation are waived.
E. License to Company for Testimonials and Marketing
From time to time, we may invite you to share feedback, testimonials, or suggestions related to the Platform and Services. By submitting such feedback or testimonials, you grant Bomenzo and its affiliates the right to use, reproduce, and publish your feedback, testimonials, or likeness (including your name, company, or image if voluntarily provided) for marketing, advertising, and promotional purposes without compensation to you. We may use these materials at our discretion and without obligation.
7. USER RESPONSIBILITIES AND EXPECTATIONS
We want to make sure that Bomenzo’s Platform and Services remain a safe, lawful, and respectful place for all users. By using our platform, you agree to follow this Code of Conduct. Violating these guidelines could lead to suspension or termination of your account and access to the Services.
A. Following Laws and Regulations
Legal Use Only: Use the Platform and Services only for lawful purposes, and always follow the laws, regulations, and rules in your area.
Prohibited Activities: Avoid using the Platform to participate in or promote anything illegal, including:
Fraud or scams
Money laundering
Terrorist activities
Unauthorized gambling
Unauthorized gambling
Stealing or misusing intellectual property
B. Respecting Content Rules
We want to keep our platform safe and respectful. You agree not to post or share anything that:
Violates Others’ Rights: Don’t share anything that breaks someone else's copyright, patent, trademark, or other ownership rights.
Is Harmful or Offensive: Don’t post anything that could be considered threatening, abusive, hateful, obscene, or otherwise inappropriate..
Contains Harmful Software: Avoid posting anything that might contain viruses, worms, or other harmful software.
Is Misleading: Don’t impersonate others or misrepresent yourself.
C. Keeping Our Platform Safe
No Unauthorized Access: Don’t try to access parts of the Platform you don’t have permission to use.
No Interference: Avoid disrupting or trying to damage our systems or the experience of other users.
Respect System Resources: Use the Platform in a way that doesn’t slow down or harm our systems for other users.
D. Responsible Use – No Spam
No Spam: Avoid sending any mass or unsolicited messages (spam), including unwanted emails or texts.
Follow Communication Laws: All messages sent using the Platform must comply with anti-spam and privacy laws like the CAN-SPAM Act and GDPR.
Opt-Out Options: Ensure that people have a clear way to unsubscribe from your messages, and honor their requests promptly.
E. Respecting Intellectual Property
Honor Intellectual Property: Don’t use the Platform to infringe upon the rights of others or share unauthorized content.
Report Infringements: If you believe your intellectual property is being misused, let us know in line with our DMCA Policy.
F. Helping Us Maintain a Safe Platform
Cooperate with Us: If we need to check on your account or ask questions, please work with us to keep Bomenzo a safe place.
Provide Accurate Information: Be honest and clear about any information you share with us.
G. Consequences of Violating the Code
Monitoring: We may review activity on the Platform to ensure users are following these guidelines and the law.
Actions for Violations: If this Code of Conduct is broken, we may suspend or terminate your account, remove inappropriate content, take legal action, or notify the authorities.
H. Reporting Misuse
Misuse: If you notice any misuse or violation of this Code of Conduct, please report it to [email protected]. We will review the situation and take necessary action.
8. DATA PROTECTION, COMPLIANCE, AND LIABILITY RELEASE
A. Data Protection & Privacy
We are committed to respecting and protecting your privacy. By using our platform, you agree to comply with all relevant data privacy laws, including applicable national, federal, and state regulations.
You are responsible for ensuring that any personal or sensitive data you upload to our platform has been collected, processed, and shared in compliance with these regulations. This includes obtaining the necessary consents from individuals and providing appropriate notices when required.
B. Legal Compliance
By using our platform, you represent and warrant that your activities do not violate any applicable laws or regulations, including but not limited to privacy, data protection, anti-spam, and consumer protection laws.
You agree to take full responsibility for the lawful acquisition, access, and use of any information or personal data you provide or process through our platform.
C. Release of Liability
By agreeing to these terms, you release Bomenzo, its affiliates, officers, employees, and agents from any liability or claims arising from your use of the platform, including any actions that violate third-party rights or applicable laws.
You further agree that Bomenzo is not liable for any unauthorized access, loss, or misuse of data that occurs due to your own actions or oversights, such as failing to maintain adequate security measures on your end.
D. Third-Party Transfers
If you transfer data to third-party providers through our platform, it is your responsibility to ensure that these third parties also comply with relevant laws and standards. Bomenzo is not responsible for third-party actions and assumes no liability for any data transfers or activities managed by external parties.
9. SERVICE MANAGEMENT AND ADMINISTRATIVE RIGHTS
Bomenzo reserves certain rights to maintain the quality, security, and operability of our platform and services, which includes actions we may take as needed for optimal platform operation and compliance. By using Bomenzo, you acknowledge and agree to the following rights we hold in managing our services:
A. Modification or Discontinuation of Services
We reserve the right to modify, suspend, or discontinue any part of Bomenzo’s services or the entire platform, at any time and for any reason, without prior notice. This includes the right to update or replace any features, tools, or functionalities to better serve our users. You agree that Bomenzo shall not be liable for any changes, suspension, or discontinuance of any service or feature.
B. Account Suspension and Termination
Bomenzo reserves the right to suspend or terminate your account or access to the platform at our discretion if you violate any terms, policies, or guidelines, or if we determine that your account poses a risk to the security or performance of our platform. This may be done without prior notice, and you will remain responsible for any outstanding fees owed.
C. Content Monitoring and Removal
We may monitor, review, and retain user-generated content as needed to ensure compliance with our Terms and Conditions and applicable laws. Bomenzo reserves the right, at our sole discretion, to remove or disable access to any content that we deem unlawful, offensive, or in violation of our guidelines, without obligation to notify you.
D. User Support and Account Access
In certain cases, we may require access to your account to provide technical support or resolve specific issues. By using Bomenzo, you grant us permission to access your account content for these purposes, subject to our privacy and data protection policies. However, Bomenzo shall not be liable for any damages resulting from such access, except as required by applicable law.
E. Intellectual Property and Trademark Usage
Bomenzo reserves all rights related to our intellectual property, trademarks, and branding. You agree not to use Bomenzo’s name, trademarks, or logos without our prior written permission, except as specifically permitted under these Terms.
F. Rights to Enforce and Amend Terms
Bomenzo reserves the right to amend, enforce, or waive any part of these Terms as necessary to comply with legal standards, security measures, or operational requirements. Continued use of our platform after any modification indicates your acceptance of the updated terms. It is your responsibility to regularly review these Terms for any changes.
G. Retention of User Data
Upon termination or cancellation of an account, we may retain copies of user data and content in accordance with our data retention policy and applicable laws. Bomenzo does not guarantee the permanent availability of your data after account termination, and you are responsible for retaining backup copies of your content.
10. THIRD-PARTY INTEGRATIONS AND EXTERNAL SERVICES
Bomenzo’s Platform and Services may incorporate or provide access to content, products, and services offered by third parties (“Third-Party Services”), which can include integrations, links, or embedded content that enhances the functionality of our platform. These Third-Party Services are provided solely as a convenience, and Bomenzo does not endorse or control any of these third-party providers, nor are we responsible for the availability, accuracy, or reliability of their content, services, or tools.
A. Third-Party Services Use
By choosing to use any Third-Party Services in connection with Bomenzo, you acknowledge that your interaction with these services is at your discretion and risk. You agree to review and abide by the Terms and Conditions and privacy policies of any Third-Party Services before engaging with them, as Bomenzo is not liable for any issues or claims that may arise from your use of these third-party offerings.
B. Liability Disclaimer
Bomenzo disclaims all responsibility and liability for any third-party content, products, or services accessed through our Platform. This includes, but is not limited to, any harm, losses, or damages resulting from transactions, reliance, or dealings with any third-party provider or service.
C. Changes and Access Control
We reserve the right to modify or remove access to any Third-Party Services integrated into our Platform at any time, without prior notice, in order to maintain compliance, functionality, and user safety.
D. Third-Party Links
Links to external websites are provided solely for user convenience and do not constitute an endorsement or recommendation by Bomenzo. Accessing these websites is at your own risk, and you should be aware that these sites may have separate terms and privacy policies, for which Bomenzo holds no responsibility.
11. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) POLICY
Bomenzo is committed to respecting the intellectual property rights of others and expects users of our Platform to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), we will respond to valid notifications of claimed copyright infringement. If content hosted on Bomenzo’s Platform violates copyright law, we reserve the right to remove or disable access to the infringing material.
A. General Policy
Bomenzo will take appropriate actions, including but not limited to removing or disabling access to infringing material, in compliance with the DMCA. Users who are repeat infringers of copyright material may be subject to account termination. This policy applies to all content hosted on our Platform, including user-generated content that may inadvertently or knowingly violate copyright law.
B. Reporting of Copyright Infringement
If you believe that content on the Bomenzo Platform infringes your copyright, please submit a written notice containing the following details to our designated DMCA agent:
Your Contact Information: Include your full name, address, telephone number, and email address.
Description of the Infringed Work: Provide a clear and complete description of the copyrighted work claimed to have been infringed.
Identification of the Infringing Material: Include the specific location (URL) or sufficient information to allow us to identify the material on our Platform.
Statement of Good Faith Belief: Include a statement that you have a good faith belief that the use of the material in question is not authorized by the copyright owner, its agent, or the law.
Statement of Accuracy and Authority: Add a statement that the information provided in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright that is allegedly infringed.
Electronic or Physical Signature: The notice must be signed physically or electronically by the copyright owner or a person authorized to act on their behalf.
Please direct DMCA notifications to our designated DMCA agent at:
Bomenzo
418 E Pacific Ave STE 6C,
Spokane WA 99202
Email: [email protected]
12. TRADEMARK POLICY: UNAUTHORIZED USE AND INFRINGEMENT
Bomenzo values brand integrity and respects the trademarks of all individuals and organizations. If you believe that your trademark is being used on our platform without authorization, please submit a notice that includes:
A description of your registered trademark, including the registration number if applicable.
Basis for your trademark claim and a description of the goods or services your trademark represents.
Jurisdiction in which you claim trademark rights.
A statement that you have a good faith belief that the use of the trademarked content is unauthorized.
Your contact information (address, phone number, and email).
Send trademark notices to:
Bomenzo
418 E Pacific Ave STE 6C,
Spokane WA 99202
Email: [email protected]
Upon receiving a valid trademark complaint, Bomenzo may take action such as removing or restricting access to the offending material. In some cases, Bomenzo may contact the user responsible to inform them of the trademark claim.
13. ACCOUNT OWNERSHIP AND RESOLUTION OF DISPUTES
Bomenzo aims to safeguard the integrity of accounts and provide a fair resolution in any ownership disputes. If there is a conflict over account ownership, we may require documentation to confirm the rightful owner before resolving the dispute.
A. Resolution Process
In cases of account ownership disputes, Bomenzo reserves the right to request additional information or documentation to determine the rightful account owner. The documentation we may request includes, but is not limited to:
A government-issued photo ID.
Business documents such as a Certificate of Incorporation, LLC Agreement, business license, or other official documents that demonstrate ownership.
Proof of payment or transaction history associated with the account.
Additional documentation as deemed necessary by Bomenzo to establish ownership.
B. Determination of Ownership
Bomenzo will use its best judgment, based on the provided documentation, to determine the rightful owner of an account. In most cases, we consider the account to belong to the individual or entity listed as the primary contact or the party with verified billing information associated with the account.
If an account ownership dispute cannot be resolved to our satisfaction, we reserve the right to suspend or terminate access to the account until the dispute is resolved. Bomenzo’s decision in ownership disputes will be final and binding, except where prohibited by law.
14. BILLING AND PAYMENT MANAGEMENT
A. Third-Party Payment Providers
Bomenzo’s Platform integrates with third-party payment processors, such as Stripe and PayPal, to securely manage and process transactions. By using Bomenzo’s Platform, you agree to comply with all terms and conditions set forth by the payment providers, which may include separate agreements governing your use of their services.
B. Accurate and Complete Information
You agree to provide accurate, complete, and up-to-date billing information, including your name, billing address, credit card number, expiration date, and security code. You are responsible for updating this information as needed to ensure uninterrupted service.
C. Authorization and Consent
By providing payment details, you authorize Bomenzo and its payment processors to charge your payment method for the applicable fees and any other amounts due under these terms, without additional authorization. Bomenzo may store and use your payment details in accordance with our Privacy Policy and that of our payment processors.
D. Responsibility for Compliance
You are solely responsible for ensuring that your use of Bomenzo’s payment processing services complies with all legal and regulatory requirements in your jurisdiction. Bomenzo is not responsible for any compliance issues related to your transactions or use of third-party payment services.
E. Transaction Disputes
Any transaction disputes should first be directed to Bomenzo’s support team at [email protected]. For disputes concerning third-party payment providers, you may be required to contact the payment provider directly, as Bomenzo may not have direct access to manage external disputes.
15. INFORMATION ACCURACY AND PLATFORM UPDATES
We strive to provide reliable and accurate information on the Bomenzo Platform. However, we do not guarantee that the Platform, Content, or Services will be free of errors or omissions. From time to time, certain details (including product descriptions, pricing, and availability) may contain typographical errors, inaccuracies, or omissions.
We reserve the right to correct any errors and to update information or cancel orders if any details are inaccurate, without prior notice, including after you have submitted an order.We also reserve the right to make necessary improvements, modifications, or updates to the Platform, Content, or Services at our discretion. These changes may occur without notification, and while we aim to avoid interruptions, some downtime may occur. Your continued use of the Platform following these adjustments implies your acceptance of such updates.
16. LIABILITY LIMITATIONS AND DISCLAIMERS
By using Bomenzo, you understand and agree that we can’t be held responsible for any problems, losses, or outcomes that happen as a result of how you use our platform, content, or services. We provide Bomenzo on an "as-is" basis, meaning it may not always be perfect or error-free, and we cannot promise it will work flawlessly all the time.
If you do experience an issue or loss that’s directly connected to our services, the maximum amount we’d be responsible for would be limited to the total amount you’ve paid for Bomenzo in the last 12 months. This keeps things fair and clear, and we appreciate your understanding as we work to provide the best platform possible for you.
YOU UNDERSTAND AND AGREE THAT BOMENZO IS PROVIDED "AS-IS" AND "AS AVAILABLE," WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. BOMENZO, ITS AFFILIATES, OWNERS, OFFICERS, EMPLOYEES, AND PARTNERS MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BOMENZO DOES NOT WARRANT THAT THE PLATFORM OR SERVICES WILL BE FREE OF ERRORS OR INTERRUPTIONS.
NEITHER BOMENZO NOR ANY OWNER OF CONTENT WARRANTS THAT THE SERVICES ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM BOMENZO SHALL CREATE ANY WARRANTY ON BEHALF OF BOMENZO.
ANY CLAIMS FOR DAMAGES AGAINST BOMENZO WILL BE LIMITED TO THE FEES YOU HAVE PAID US IN THE 12 MONTHS PRIOR TO THE ACCRUAL OF ANY CLAIM.
17. LIMITATIONS ON REMEDIES; EXCLUSIVE REMEDY AND DAMAGE LIMITATIONS
A. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BOMENZO, ITS AFFILIATES, AND ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, OR THIRD-PARTY PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE BOMENZO PLATFORM, SOFTWARE, SERVICES, OR CONTENT. THIS LIMITATION APPLIES TO ANY CLAIMS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF BOMENZO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. LIMITATION OF DIRECT DAMAGES
IN NO EVENT WILL BOMENZO’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SERVICES EXCEED THE AMOUNTS PAID BY YOU TO BOMENZO IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT OR CLAIM. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY AND LIMITATION OF LIABILITY FOR ANY CLAIM RELATED TO THE SERVICES PROVIDED UNDER THIS AGREEMENT.
C. EXCLUSIVE REMEDIES AND RISK ALLOCATION
THIS SECTION REFLECTS A REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BOMENZO AND APPLIES TO ALL CLAIMS OF LIABILITY (E.G., WARRANTY, CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, AND STATUTORY CLAIMS) AND EVEN IF ANY LIMITED REMEDY HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
D. NO WARRANTY FOR THIRD-PARTY APPLICATIONS
BOMENZO SHALL NOT BE RESPONSIBLE OR LIABLE FOR THIRD-PARTY APPLICATIONS, INCLUDING CONTENT AND SERVICES MADE AVAILABLE THROUGH SUCH APPLICATIONS OR LINKS. YOUR SOLE REMEDY FOR ISSUES OR DISSATISFACTION WITH ANY THIRD-PARTY APPLICATIONS IS DIRECTLY WITH THE THIRD-PARTY PROVIDER.
E. TIME LIMITATION FOR CLAIMS
ANY CLAIM ARISING FROM THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR FROM THE DATE THE CLAIM AROSE. YOU AGREE THAT FAILURE TO FILE WITHIN THIS PERIOD SHALL RESULT IN THE PERMANENT BAR OF SUCH CLAIM.
F. ACKNOWLEDGEMENT OF "AS IS" SERVICES
YOU UNDERSTAND THAT BOMENZO PROVIDES ITS PLATFORM AND SERVICES “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BOMENZO DOES NOT GUARANTEE UNINTERRUPTED, ERROR-FREE, OR PERFECT FUNCTIONALITY OF ITS PLATFORM AND IS NOT RESPONSIBLE FOR ANY LOSSES, DOWNTIME, OR INTERRUPTIONS. YOUR ACCEPTANCE OF THIS AGREEMENT INDICATES YOUR UNDERSTANDING AND ACCEPTANCE OF THIS LIMITATION.
18. INDEMNIFICATION; HOLD HARMLESS
A. General Indemnification Obligation
You agree to defend, indemnify, and hold harmless Bomenzo, its affiliates, and their respective directors, officers, employees, contractors, agents, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, damages, liabilities, costs, and expenses (including but not limited to attorney's fees and costs) arising out of or related to your:
Use or misuse of the Bomenzo platform, services, or content,
Breach or violation of this agreement, including any warranty, representation, or obligation,
Violation of any law or regulation, and
Infringement or violation of any third-party rights, including without limitation any intellectual property, publicity, confidentiality, property, or privacy rights.
B. Third-Party Claims
You agree to defend, indemnify, and hold harmless the Indemnified Parties from any claim, demand, or suit made by a third party arising from your use of the platform or any content uploaded, posted, or otherwise transmitted by you on or through the platform. You acknowledge that Bomenzo reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with Bomenzo in asserting any available defenses.
C. Indemnification Procedure
In the event of a claim subject to indemnification under this section, Bomenzo will provide you with prompt notice of the claim, and you agree to assume and manage the defense or settlement of such claim at your own expense. You will not agree to any settlement or resolution that imposes any liability or obligation on Bomenzo without its prior written consent.
D. Survival of Obligations
Your obligations under this section shall continue after termination or expiration of this agreement and shall survive your use of the Bomenzo platform and services. This indemnification provision is intended to be broadly construed to cover all potential claims or liability arising from your engagement with Bomenzo and its services.
E. Limitation on Indemnity Obligation
You agree that Bomenzo may, in its sole discretion and without waiving any rights under this section, elect to manage its defense in any matter in which it would otherwise be indemnified. This does not limit your obligation to cover costs, damages, and expenses as provided in this section.
19. GOVERNING LAW AND JURISDICTION; DISPUTE RESOLUTION
A. Governing Law
This Agreement and any disputes or claims arising out of or relating to it, the Platform, Content, or Services provided by Bomenzo, shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law principles.
B. Jurisdiction and Venue
Any legal action or proceeding arising out of or related to this Agreement or your use of the Platform or Services shall be brought exclusively in the state or federal courts located in Spokane County, Washington. You consent to the exclusive jurisdiction of such courts and waive any objections to such venue, including claims of inconvenient forum.
C. Waiver of Jury Trial
You and Bomenzo agree to waive the right to a jury trial in any dispute arising out of or related to this Agreement. This waiver is intended to simplify the dispute resolution process and reduce costs.
D. Class Action Waiver
You agree that any claims or disputes brought against Bomenzo shall be conducted solely on an individual basis and not as part of any class action, consolidated, or representative proceeding. You expressly waive your ability to participate in a class action or collective lawsuit against Bomenzo.
E. Prevailing Party Fees
In the event of any litigation or arbitration arising out of or related to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs from the non-prevailing party, in addition to any other relief to which it may be entitled.
F. Time Limit to File Claims
Any claim or cause of action arising out of or related to this Agreement, the Platform, Content, or Services must be filed within one (1) year after the date the claim or cause of action arose, or it shall be permanently barred.
20. PRIVACY AND DATA SECURITY
Your privacy is important to us at Bomenzo. This section briefly outlines our commitment to protecting your data; for comprehensive information, please refer to our Privacy Policy, which governs the collection, use, and protection of your personal information.
By using Bomenzo's Platform, you consent to the collection, use, and sharing of information as outlined in our Privacy Policy. We take reasonable steps to secure your data, including implementing standard security practices to protect against unauthorized access, disclosure, or destruction of your personal information. However, as no system is entirely secure, we cannot guarantee absolute data security.
If you have any questions about how we collect or use your information, or if you wish to make inquiries regarding data rights, you may contact us at [email protected].
21. EVENTS BEYOND OUR CONTROL
Bomenzo shall not be liable for any delay or failure to perform any obligation under these Terms and Conditions if such delay or failure results from events beyond our reasonable control, including, but not limited to, natural disasters, acts of government or regulatory authorities, war, terrorism, civil disturbances, strikes, pandemics, power outages, internet or telecommunications failures, or other unforeseeable circumstances ("Force Majeure Events").
In the occurrence of a Force Majeure Event, Bomenzo’s obligations under these Terms and Conditions will be temporarily suspended to the extent affected by the Force Majeure Event. We will make reasonable efforts to resume our services as soon as practicable. However, Bomenzo shall not be liable for any direct or indirect losses resulting from such delays or inability to fulfill our obligations during the period of the Force Majeure Event.
22. TERMINATION OF SERVICES
A. Termination by Bomenzo
We reserve the right to suspend or terminate your access to the Platform and Services at any time, without notice, for any reason, including but not limited to your breach of these Terms, non-payment, or any actions deemed harmful to the Platform, other users, or our business interests. Termination under these conditions will result in the immediate suspension of all access to your account, and you will not be entitled to any refund of fees.
B. Termination by User
You may terminate your account at any time by providing us with written notice at [email protected]. Your termination will take effect at the end of your current billing cycle, and you will continue to have access to the Platform until that date. However, please note that termination of your account does not entitle you to a refund for any portion of the billing cycle that has already been paid.
C. Effect of Termination
Upon termination of your account, your right to access and use the Platform and Services will immediately cease. Any data or content associated with your account may no longer be accessible or retrievable, and we are under no obligation to maintain or forward such information to you. If you require access to your data post-termination, you must notify us in writing prior to terminating your account.
D. Survival of Terms
Certain provisions of these Terms and Conditions, including but not limited to Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution, shall survive the termination of your account and remain in effect.
23. ENTIRE AGREEMENT; SEVERABILITY OF PROVISIONS; NO WAIVER
These Terms and Conditions, including any policies or notices incorporated by reference (such as the Privacy Policy), represent the entire agreement between you and Bomenzo concerning your access to and use of our Platform, Content, and Services. This Agreement supersedes any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Bomenzo.
If any provision of these Terms and Conditions is found by a court with proper jurisdiction to be unlawful, void, or unenforceable, that provision will be severed from the remaining provisions. The remainder of the Terms and Conditions will continue to be enforceable to the fullest extent permitted by law.
Failure to enforce any right or provision under these Terms and Conditions does not constitute a waiver of that right or provision. No waiver of any term or condition will be effective unless expressly stated in writing and signed by both parties. The absence of immediate enforcement of any provision will not preclude Bomenzo from enforcing it in the future or asserting any other rights or remedies.
24. UPDATES TO TERMS AND CONDITIONS
Bomenzo may make changes to these Terms and Conditions from time to time, and we’ll post any updates directly on our Platform. When we do, the updated terms take effect right away.
We encourage you to check these Terms and Conditions periodically to stay informed of any changes. By continuing to use our Platform and Services after any updates, you agree to follow the modified terms. If you don’t agree with any changes, you should stop using the Platform and Services immediately.
This way, you know our terms are always up-to-date, and your continued use means you’re on board with the latest version.
25. CONTACT INFORMATION
If you have any questions, concerns, or feedback regarding these Terms and Conditions, or if you need further assistance with your account or our services, please don’t hesitate to reach out. You can contact us at:
Bomenzo
418 E Pacific Ave STE 6C,
Spokane WA 99202
Email: [email protected]
Our team is here to help and will respond to your inquiries as promptly as possible. Thank you for choosing Bomenzo, and we look forward to supporting your success!
