FREE GROWTH SESSION

Terms & Conditions

Effective Date: April 24, 2023 Welcome to Big Boost Marketing and its network of websites, including bigboost.marketing, go.bigboost.marketing, app.bigboost.marketing and academy.bigboost.marketing (collectively the “Sites”). This Terms of Use Agreement (the “Agreement”) is made and entered into by and between you and Big Boost Marketing LLC (the “Company”, “Big Boost Marketing”, “BBM”, “us”, “we”, or “our”). This Agreement sets forth the terms and conditions that govern your use of and access to the Sites and any products, materials, and services provided by or on the Sites or the Big Boost App (collectively, the “Services”).

1. Acceptance Of This Agreement

1.1 Acceptance Through Using or Accessing the Services

Please review the following terms carefully. By accessing or using the Services (or by clicking on “accept” or “agree” to this Agreement when prompted), you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the entity or organization that you represent. If you do not agree to the terms and conditions of this Agreement, you may not use or access the Services and must exit the Sites immediately.

1.2 Eligibility Requirements to Use or Access the Services

To use the Sites or any other Services, you must be (i) at least 18 years old, (ii) a resident of the United States, Canada, United Kingdom, Australia, India, Singapore, and (iii) not a competitor of or using the Services for purposes that are competitive with the Company. By accessing or using the Services, you represent and warrant that you meet all the foregoing eligibility requirements. You also represent and warrant that you have the right, authority, and capacity to enter into this Agreement on your behalf or the entity or organization that you represent. If you do not meet all these requirements, you may not use or access the Services.

1.3 Changes to this Agreement

The Company reserves the right to change this Agreement from time to time in its sole discretion.  Except for changes made for legal or administrative purposes, the Company will provide reasonable advance notice before the changes become effective. All changes will apply to your use of and access to the Services from the date the changes become effective and onwards. For new users, the changes will be effective immediately. Your continued use of or access to the Services following any changes to this Agreement shall constitute your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. You should check this page frequently so that you are aware of any changes since they are binding on you.

2. Access To The Services

  1. Changes to Your Access and the Services. The Services may change from time to time as the Company evolves, refines, or adds more features to the Services. In addition, as a white-labelled Software as a Service (SaaS), the Company has no direct control over the availability of any particular features in the BBM App. As such, the Company reserves the right to modify, withdraw, or discontinue the Services, in whole or in part, with as much advance notice as possible to you. You agree that the Company shall have no liability to you or any third party for any losses or damages caused by the Services not being available, in whole or in part, at any time or for any period.
  2. Creating an Account. You may be required to register for an account and provide certain information about yourself to access the Services or certain features of the Services. You promise to provide us with accurate, complete, and updated information about yourself. The Company may have different types of accounts for different users. If you connect to any Services with a third-party service, you grant us permission to access and use your information from such service as permitted by that service to store your login credentials for that service. All information that you provide will be governed by our Privacy Policy. You consent to all actions that we may take with respect to your information consistent with our Privacy Policy.
  3. Account Responsibilities. You are entirely responsible for maintaining the confidentiality of your password and account. You are also entirely responsible for any and all activities associated with your account. Your account is personal to you and you agree not to provide any other person with access to the Services or any portions of it using your username, password, or other security information. You should ensure that you exit from your account at the end of each session. You should use extra caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may not transfer your account to anyone else without our prior written permission. Individual staff members of your team should each use their own accounts. You agree to notify the Company immediately of any actual or suspected unauthorized use of your account or any other breach of security. The Company will not be liable for any losses or damages arising from your failure to comply with the above requirements. You will be held liable for losses or damages incurred by the Company or any third party due to someone else using your account or password.
  4. Termination or Deletion of an Account. The Company shall have the right to suspend or terminate your account at any time in our sole discretion if we determine that you have violated any terms or conditions of this Agreement.

3. Policy For Using The Services

3.1 Prohibited Uses

You may use the Services for lawful purposes only and in accordance with this Agreement. You agree not to use the Services in any way that could damage the Services or general business of the Company.  You may use the Services for any business or commercial purposes.

3.2 Prohibited Activities

You further agree not to engage in any of the following prohibited activities in connection with using the Services:
  1. No Violation of Laws or Obligations. Violate any applicable laws or regulations (including intellectual property laws and right of privacy or publicity laws) or any contractual obligations.
  2. No Unsolicited Communications. Send any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or any other form of unsolicited communications, whether commercial or otherwise.
  3. No Impersonation. Impersonate others or otherwise misrepresent your affiliation with a person or entity in an attempt to mislead, confuse, or deceive others.
  4. No Harming of Minors. Exploit or harm minors in any way, including exposing inappropriate content or obtaining personally identifiable information.
  5. Compliance with Content Standards. Upload, display, distribute, or transmit any material that does not comply with the Content Standards set out below in this Agreement.
  6. No Interference with Others’ Enjoyment. Harass or interfere with anyone’s use or enjoyment of the Services, or expose the Company or other users to liability or other harm.
  7. No Interference or Disabling of the Services. Use any device, software, or routine that interferes with the proper working of the Services, or take any action that may interfere with, disrupt, disable, impair, or create an undue burden on the infrastructure of the Services, including servers or networks connected to the Sites.
  8. No Monitoring or Copying Material. Copy, monitor, distribute, or disclose any part of the Services by automated or manual processes, devices, or means. This includes, without limitation, using automatic devices such as robots, spiders, offline readers, crawlers, or scrapers to strip, scrape, or mine data from the Sites; provided, however, that the Company conditionally grants to the operators of public search engines revocable permission to use spiders to copy materials from the Sites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
  9. No Viruses, Worms, or Other Damaging Software. Upload, transmit, or distribute to or through the Services any viruses, Trojan horses, worms, logic bombs, or other materials intended to damage or alter the property of others, including attacking the Services via a denial-of-service or distributed denial-of-service attack.
  10. No Unauthorized Access or Violation of Security. Violate the security of the Services through (i) any attempt to gain unauthorized access to the Services or to other systems or networks connected to the Services, (ii) the breach or circumvention of encryption or other security codes or tools, or (iii) data mining or interference to any server, computer, database, host, user, or network connected to the Services.
  11. No Reverse Engineering. Reverse engineer, decompile, or otherwise attempt to obtain the source code or underlying information of or relating to the Services.
  12. No Collecting User Data. Collect, harvest, or assemble any data or information regarding any other user without their consent. This includes, without limitation, their emails, usernames, or passwords.
  13. No Other Interference. Otherwise attempt to interfere with the proper working of the Services.
  14. Attempt or Assist Others in Attempting. Attempt any of the foregoing or assist, permit, or encourage others to do or attempt any of the foregoing.

3.3 Geographic Restrictions

The Company is based in the United States. The Services are for use by persons located in the United States, Canada, United Kingdom, Australia, India, Singapore only. By choosing to access the Services from any location other than the United States, Canada, United Kingdom, Australia, India or Singapore, you accept full responsibility for compliance with all local laws. The Company makes no representations that the Services or any of its content are accessible or appropriate outside of the United States, Canada, United Kingdom, Australia, India or Singapore.

4. Terms And Conditions Of Sale

4.1 Purchasing Process

Any steps taken from choosing Services to order submission form part of the purchasing process. The purchasing process includes these steps:
  1. By clicking on the checkout button, users open the third-party merchant checkout section, wherein they will have to specify their contact details and a payment method of their choice.
  2. After providing all the required information, users must carefully review the order and, subsequently, confirm and submit it by using the relevant button or mechanism on the Sites, hereby accepting these Terms and committing to pay the agreed-upon price.

4.2 Order submission

When you submit an order, the following applies:
  1. The submission of an order determines contract conclusion and therefore creates for you the obligation to pay the price, taxes, and possible further fees and expenses, as specified on the order page.
  2. In case the purchased Services requires active input from you, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for you to cooperate accordingly.
  3. Upon submission of the order, users will receive a receipt confirming that the order has been received.
All notifications related to the described purchasing process shall be sent to the email address provided by you for such purposes.

4.3 Prices

You are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.

4.4 Methods of payment

Information related to accepted payment methods are made available during the purchasing process. Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of the Sites. All payments are independently processed through third-party services. Therefore, the Sites does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. If payment through the available methods fail or is refused by the payment service provider, the Company shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by you.

4.5 Retention of usage rights

You do not acquire any rights to use the purchased Services until the total purchase price is received by the Company.

5. Contract Duration

5.1 App Subscriptions

Subscriptions allow you to receive Services continuously or regularly over a determined period of time. Paid subscriptions begin on the day the payment is received by the Company. In order to maintain subscriptions, you must pay the required recurring fee in a timely manner. In the event of any payment delinquency, the Client must cure such delinquency within 5 business days of the due date. Failure to make timely payments or to cure delinquencies within this specified period will result in immediate suspension of the Client's access to the BBM app. Access to the BBM App will be restored once the outstanding payment is made in full. The Client acknowledges that delays in payment may result in a disruption of service and access to the BBM App. The Client further understands that such disruptions do not affect the billing cycle, and monthly charges will continue to accrue during the period of suspended access. Repeated or continued delinquency in payments may result in termination of this Agreement at the discretion of BBM, in accordance with the termination provisions set forth herein.

5.2 Service Subscriptions

Subscriptions allow you to receive Services continuously or regularly over a determined period of time. Paid subscriptions begin on the day the payment is received by the Company. In order to maintain subscriptions, you must pay the required recurring fee in a timely manner. In the event of any payment delinquency, the Client must cure such delinquency within 5 business days of the due date. Failure to make timely payments or to cure delinquencies within this specified period will result in all BBM activities being put on hold until outstanding payment is received. BBM activities will resume once the outstanding payment is made in full. The Client acknowledges that delays in payment may impact the overall timeline and delivery of services under this Agreement. Repeated or continued delinquency in payments may result in termination of this Agreement at the discretion of BBM, in accordance with the termination provisions set forth herein.

5.3 Fixed-term Subscriptions

Paid fixed-term subscriptions start on the day the payment is received by the Company and last for the subscription period chosen by you or otherwise specified during the purchasing process. Once the subscription period expires, the Services shall no longer be accessible, unless you renew the subscription by paying the relevant fee. Fixed-term subscriptions may not be terminated prematurely and shall run out upon expiration of the subscription term. In the event of any payment delinquency, the Client must cure such delinquency within 5 business days of the due date. Failure to make timely payments or to cure delinquencies within this period will result in all BBM activities or services being put on hold until outstanding payment is received. BBM activities or services will resume once the outstanding payment is made in full. The Client acknowledges that delays in payment may impact the overall timeline and delivery of services under this Agreement.

5.4 Automatic Renewal

Subscriptions are automatically renewed through the payment method that you chose during purchase unless you cancel the subscription within the deadlines for termination specified in the relevant section of these Terms and/or Sites. The renewed subscription will last for a period equal to the original term. You shall receive a reminder of the upcoming renewal with reasonable advance, outlining the procedure to be followed in order to cancel the automatic renewal. It is the Client's responsibility to monitor their subscription renewal dates with BBM. The Client must notify BBM in a timely manner of their intention to cancel any or all parts of their services. This notification must be provided in writing at least 30 days prior to the renewal date to avoid charges for the next billing cycle. No refunds will be issued on subscription payments collected, including those resulting from failure to notify BBM of cancellation in a timely manner.

5.5 Termination

Recurring subscriptions may be terminated with 30 days advance notice by sending a clear and unambiguous termination notice to the Company using the contact details provided in this document, or — if applicable — by using the corresponding controls inside the Sites.

5.6 Termination notice

If the notice of termination is received by the Company with 30 days advance notice, the termination shall take effect as soon as the next period is completed.

6. Intellectual Property Rights

6.1 Ownership of Intellectual Property

You acknowledge that all intellectual property rights, including copyrights, trademarks, trade secrets, and patents, in the Services and its contents, features, and functionality (collectively, the “Content”), are owned by the Company, its licensors, or other providers of such material. The Content is protected by U.S. and international intellectual property or proprietary rights laws. Neither this Agreement nor your access to the Services transfers to you any right, title, or interest in or to such intellectual property rights. Any rights not expressly granted in this Agreement are reserved by the Company and its licensors.

6.2 License to Use the Services

During the Term of this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use and access the Content for any business or commercial use in accordance with this Agreement. The Content may not be used for any other purpose. This license will terminate upon your cessation of use of the Services or at the termination of this Agreement.

6.3 Certain Restrictions

The rights granted to you in this Agreement are subject to the following restrictions:
  1. No Copying or Distribution. You shall not copy, reproduce, publish, display, perform, post, transmit, or distribute any part of the Content in any form or by any means except as expressly permitted herein or as enabled by a feature, product, or the Services when provided to you.
  2. No Modifications. You shall not modify, create derivative works from, translate, adapt, disassemble, reverse compile, or reverse engineer any part of the Content.
  3. No Exploitation. You shall not sell, license, sublicense, transfer, assign, rent, lease, loan, host, or otherwise exploit the Content or the Services in any way, whether in whole or in part.
  4. No Altering of Notices. You shall not delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Content.
  5. No Competition. You shall not access or use the Content in order to build a similar or competitive website, product, or service.
  6. Systematic Retrieval. You shall not use any information retrieval system to create, compile, directly or indirectly, a database, compilation, collection or directory of the Content or other data from the Services.

6.4 Trademark Notice

All trademarks, logos, and service marks displayed on the Services are either the Company’s property or the property of third parties. You may not use such trademarks, logos, or service marks without the prior written consent of their respective owners.

7. User Content

7.1 User Generated Content

The Services may contain message boards, chatrooms, profiles, forums, and other interactive features that allow users to post, upload, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Content”) on or through the Services. For the sake of clarity, any content inside a Client's subaccount within the Big Boost App (for example proprietary marketing content) is not considered User Content within the meaning of this section. You are solely responsible for your User Content. Please consider carefully what you choose to share. All User Content must comply with the Content Standards set forth below. Any User Content you post on or through the Services will be considered non-confidential and non-proprietary. You assume all risks associated with the use of your User Content. This includes any reliance on its accuracy, completeness, reliability, or appropriateness by other users and third parties, or any disclosure of your User Content that personally identifies you or any third party. You agree that the Company shall not be responsible or liable to any third party for any User Content posted by you or any other user of the Services. You further agree that the Company shall not be responsible for any loss or damage incurred as the result of any interactions between you and other users. Your interactions with other users are solely between you and such users. If there is a dispute between you and any other user, we are under no obligation to become involved.

7.2 License

You hereby grant to the Company an irrevocable, non-exclusive, royalty-free and fully paid, transferable, perpetual, and worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, in connection with the Services and the Company’s business including, without limitation, for promoting and redistributing part or all of the Services in any media formats and through any media channels. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any User Content that you submit. You hereby irrevocably waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content, or material submitted to us. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to any User Content that contains any personally identifiable information.

7.3 Content Standards

You agree not to send, knowingly receive, upload, transmit, display, or distribute any User Content that does not comply with the following standards (“Content Standards”). User Content must not:
  1. Violate Laws or Obligations. Violate any applicable laws or regulations (including intellectual property laws and right of privacy or publicity laws), or any contractual or fiduciary obligations.
  2. Promote Illegal Activity or Harm to Others. Promote any illegal activity; advocate, promote, or assist any unlawful act; or create any risk of any harm, loss, or damage to any person or property.
  3. Infringe Intellectual Property Rights. Infringe any copyright, trademark, patent, trade secret, moral right, or other intellectual property rights of any other person.
  4. Defamatory, Abusive, or Otherwise Objectionable Material. Contain any information or material that we deem to be unlawful, defamatory, trade libelous, invasive of another’s privacy or publicity rights, abusive, threatening, harassing, harmful, violent, hateful, obscene, vulgar, profane, indecent, offensive, inflammatory, humiliating to other people (publicly or otherwise), or otherwise objectionable. This includes any information or material that we deem to cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, alarm, or annoy another person.
  5. Promotion of Sexually Explicit Material or Discrimination. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  6. Fraudulent Information or Impersonation. Contain any information or material that is false, intentionally misleading, or otherwise likely to deceive any person including, without limitation, impersonating any person, or misrepresenting your identity or affiliation with any person or organization.
  7. Endorsement by the Company. Represent or imply to others that it is in any way provided, sponsored, or endorsed by the Company or any other person or entity, if that is not the case.

7.4 Monitoring and Enforcement

We reserve the right at all times, but are not obligated, to:
  1. take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Content Standards or any other provision in this Agreement, or creates liability for the Company or any other person. Such action may include reporting you to law enforcement authorities.
  2. remove or reject any User Content for any or no reason in our sole discretion.
  3. disclose any User Content, your identity, or electronic communication of any kind to satisfy any law, regulation, or government request, or to protect the rights or property of the Company or any other person.
  4. Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of this Agreement.
We do not review User Content before it is posted on or through the Services, and therefore cannot ensure prompt removal of questionable User Content. Accordingly, the Company and its affiliates, and their respective officers, directors, employees or agents, assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. The Company shall have no liability or responsibility to anyone for performance or non-performance of the activities described in this Section.

7.5 Copyright Infringement (Digital Millennium Copyright Act Policy)

The Company respects the intellectual property of others and expects users of the Services to do the same. It is the Company’s policy to terminate the users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that your work has been copied in a way that constitutes copyright infringement and wish to have the allegedly infringing material removed, please provide the following information in accordance with the Digital Millennium Copyright Act to our designated copyright agent:
  1. a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  2. a description of the copyrighted work that you allege has been infringed;
  3. a description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;
  4. a description of where the material that you claim is infringing is located;
  5. your contact information, including your address, telephone number, and email address;
  6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  7. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please note that pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorneys’ fees incurred by us in connection with the written notification and allegation of copyright infringement. Designated copyright agent for the Company: Uli Iserloh Big Boost Marketing, 297 Route 72 W, Ste 35 #303, Manahawkin, NJ 08050 (646) 906-8098 support @ bigboostmktg.com

7.6 Feedback to the Company

If you provide the Company with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to the Company all rights in such Feedback and agree that the Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. The Company will treat any Feedback that you provide to the Company as non-confidential and non-proprietary. You agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary.

7.7. Disclaimer Regarding Links

The links on any of the Sites and/or Services will let you leave the particular Site or Service you are accessing in order to access a linked site (the “Linked Sites”). Big Boost Marketing provides these links as a convenience, but we neither control nor endorse these Linked Sites, nor has Big Boost Marketing reviewed or approved the content which appears on the Linked Sites. Big Boost Marketing is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any Linked Sites. You acknowledge and agree that Big Boost Marketing shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Linked Sites.

8. Assumption Of Risk

The information presented on or through the Services is made available for general information purposes only. The Company does not warrant the accuracy, completeness, suitability, or quality of any such information. Any reliance on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such information by you or any other user to the Services, or by anyone who may be informed of any of its contents

9. Privacy

For information about how the Company collects, uses, and shares your information, please review our Privacy Policy. You agree that by using the Services you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of such information.

10. Termination

10.1 Termination

The Company may suspend or terminate your access or rights to use the Services at any time, for any reason, in our sole discretion, and without prior notice, including for any breach of the terms of this Agreement. Upon termination of your access or rights to use the Services, your right to access and use the Services will immediately cease. The Company will not have any liability whatsoever to you for any suspension or termination of your rights under this Agreement, including for termination of your account or deletion of your User Content. If you have registered for an account, you may terminate this Agreement at any time by contacting the Company and requesting termination.

10.2 Effect of Termination

Upon termination of this Agreement, any provisions that by their nature should survive termination shall remain in full force and effect. This includes, without limitation, ownership or intellectual property provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to the Company or any third party.You understand that any termination of your access to and use of the Services may involve deletion of your User Content associated with your account from our databases.

11. No Warranty

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, COMPLETE, OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR REQUIREMENTS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL THAT MAY RESULT FROM YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR THIRD-PARTY LINKS, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES OR ANY OTHER USER. THE SERVICES WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

12. Limitation Of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES, ANY THIRD-PARTY LINK, OR ANY CONTENT ON THE SERVICES OR SUCH THIRD-PARTY LINK, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, REVENUE, OR PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

13. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates and their respective officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, “Indemnified Party”) from and against any and all losses, claims, actions, suits, complaints, damages, liabilities, penalties, interest, judgments, settlements, deficiencies, disbursements, awards, fines, costs, fees, or expenses of whatever kind, including reasonable attorneys’ fees, fees and other costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out of or relating to your breach of this Agreement or your use or misuse of the Services including, but not limited to, your User Content or any actions taken by a third party using your account. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to assist and cooperate with our defense or settlement of these claims.

14. Disputes

14.1 Governing Law

All matters relating to this Agreement, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of New Jersey, without giving effect to any conflict of law principles.

14.2 Dispute Resolution

Any action or proceeding arising out of or related to this Agreement or the Services shall be brought only in a state or federal court located in the State of New Jersey, Ocean County, although we retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You hereby irrevocably submit to the jurisdiction of these courts and waive the defense of inconvenient forum to the maintenance of any action or proceeding in such venues. At the Company’s sole discretion, it may require any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, to be submitted to and decided by a single arbitrator by binding arbitration under the rules of the American Arbitration Association in Ocean County, State of New Jersey. The decision of the arbitrator shall be final and binding on the parties and may be entered and enforced in any court of competent jurisdiction by either party. The prevailing party in the arbitration proceedings shall be awarded reasonable attorneys’ fees, expert witness costs and expenses, and all other costs and expenses incurred directly or indirectly in connection with the proceedings, unless the arbitrator shall for good cause determine otherwise. All arbitrations shall proceed on an individual basis. You agree that you may bring claims against the Company in arbitration only in your individual capacities and in so doing you hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. Notwithstanding anything to the contrary under the rules of the American Arbitration Association, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

14.3 Limitation to Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY WAIVED AND BARRED.

15. Miscellaneous

15.1 Dealings With Third Parties

Except as otherwise set forth in this Agreement, no failure of the Company to exercise, or delay by the Company in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

15.2 Waiver

Your participation, correspondence or business dealings with any third party found on or through our Sites and Services, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Big Boost Marketing shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

15.3 Severability

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

15.4 Entire Agreement

This Agreement, together with all documents referenced herein, constitutes the entire agreement between you and the Company with respect to the subject matter contained herein. This Agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter hereof.

15.5 Headings

Headings and titles of sections, clauses, and parts in this Agreement are for convenience only. Such headings and titles shall not affect the meaning of any provisions of the Agreement.

15.6 No Agency, Partnership or Joint Venture.

No agency, partnership, or joint venture has been created between you and the Company as a result of this Agreement. You do not have any authority of any kind to bind the Company in any respect whatsoever.

15.7 Assignment

You shall not assign or delegate any of your rights or obligations under this Agreement without the prior written consent of the Company. Any purported assignment or delegation in violation of this Section shall be deemed null and void. No assignment or delegation shall relieve you of any of your obligations hereunder. The Company may freely assign or delegate its rights and obligations under this Agreement at any time. Subject to the limits on assignment stated above, this Agreement will inure to the benefit of, be binding on, and be enforceable against each of the parties hereto and their respective successors and assigns.

15.8 Export Laws

The Services may be subject to U.S. export control laws and regulations. You agree to abide by these laws and their regulations (including, without limitation, the Export Administration Act and the Arms Export Control Act) and not to transfer, by electronic transmission or otherwise, any materials from the Services to either a foreign national or a foreign destination in violation of such laws or regulations.

16. Contact Information

All notices of copyright infringement claims should be sent to the designated copyright agent as provided in Section 7 (User Content). All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to support @ bigboostmktg.com

Last Update: July 20, 2026

Welcome to Big Boost Marketing and its network of websites, including bigboost.marketing, go.bigboost.marketing, app.bigboost.marketing and academy.bigboost.marketing (collectively the “Sites”). This Terms of Use Agreement (the “Agreement”) is made and entered into by and between you and Big Boost Marketing LLC (the “Company”, “Big Boost Marketing”, “BBM”, “us”, “we”, or “our”). This Agreement sets forth the terms and conditions that govern your use of and access to the Sites and any products, materials, and services provided by or on the Sites or the Big Boost App (collectively, the “Services”).

1. Acceptance of Terms; Eligibility; Modifications

1.1 Acceptance Of Terms

Please review the following terms carefully. This Terms and Conditions Agreement (“Agreement”) is made and entered into by and between you and Big Boost Marketing LLC (“Company,” “Big Boost Marketing,” “BBM,” “we,” “us,” or “our”).

By accessing or using the Services (or by clicking on “accept” or “agree” when prompted), you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the entity or organization that you represent.

If you are entering into this Agreement on behalf of an entity or organization, you represent and warrant that you have the right, authority, and capacity to bind such entity to this Agreement. In such case, “you” and “your” shall refer to that entity.

If you do not agree to the terms and conditions of this Agreement, you may not use or access the Services and must exit the Sites immediately.

1.2 Eligibility Requirements to Use or Access the Services

To use the Sites or any other Services, you must:

(i) be at least eighteen (18) years old;
(ii) be a resident of the United States, Canada, United Kingdom, Australia, India;
(iii) not be a competitor of the Company or using the Services for purposes that are competitive with the Company; and
(iv) not be prohibited from using the Services under applicable law.

By accessing or using the Services, you represent and warrant that:

  • You meet all the foregoing eligibility requirements;
  • You have the right, authority, and capacity to enter into this Agreement;
  • You are not located in, under the control of, or a resident of any country subject to U.S. trade sanctions or embargoes;
  • You are not listed on any U.S. government list of prohibited or restricted parties; and
  • You will use the Services solely for lawful business or commercial purposes in compliance with all applicable laws and regulations.

If you do not meet all these requirements, you may not use or access the Services.

The Company reserves the right to refuse access to the Services to any person or entity at its sole discretion.

1.3 Changes to this Agreement

The Company reserves the right to modify or update this Agreement from time to time in its sole discretion.

Except for changes made for legal or administrative purposes, the Company will provide reasonable advance notice before the changes become effective. All changes will apply to your use of and access to the Services from the date the changes become effective and onward. For new users, the changes will be effective immediately.

The “Effective Date” at the top of this Agreement will reflect the most recent revision date.

Your continued use of or access to the Services following any changes to this Agreement constitutes your acknowledgment of such changes and your agreement to be bound by the updated terms.

If you do not agree to the revised Agreement, your sole remedy is to discontinue use of the Services.

You are encouraged to review this page periodically to remain informed of any updates, as they are binding on you.

2. Access To The Services

2.1 Changes to Your Access and the Services

The Services may change from time to time as the Company evolves, refines, or adds features.

As a white-labeled Software as a Service (SaaS) platform, certain components of the Big Boost App and related Services may be provided through third-party technology providers, including HighLevel. The Company does not have direct control over the availability, performance, or modification of such third-party features.

Accordingly, the Company reserves the right to modify, suspend, withdraw, or discontinue the Services, in whole or in part, at any time, with or without notice, to the extent reasonably possible.

You agree that the Company shall not be liable to you or any third party for:

  • Any modification, suspension, or discontinuance of the Services;
  • Any failure, delay, or unavailability caused by third-party providers;
  • Any outages, interruptions, or feature limitations beyond the Company’s reasonable control.

The Services are provided on a commercially reasonable efforts basis and not as a guaranteed uninterrupted utility service.

2.2 Creating an Account

You may be required to register for an account and provide certain information about yourself to access the Services or certain features.

You agree to provide accurate, complete, and current information at all times and to promptly update such information as necessary.

If you connect the Services with a third-party service, you authorize the Company to access and use information from such third-party service as permitted by that service’s terms.

All information provided is governed by our Privacy Policy, and you consent to all actions taken consistent with that policy.

2.3 Account Responsibilities

You are entirely responsible for:

  • Maintaining the confidentiality of your login credentials;
  • Restricting access to your account;
  • All activities that occur under your account.

Accounts are personal to the authorized user or business entity and may not be shared without prior written consent of the Company.

Each staff member of your organization should maintain separate credentials where applicable.

You agree to notify the Company immediately of:

  • Any unauthorized use of your account;
  • Any suspected breach of security.

The Company shall not be liable for any loss or damage arising from your failure to safeguard your credentials.

You may be held liable for losses incurred by the Company or third parties resulting from unauthorized use of your account.

2.4 Suspension and Security Rights

In addition to termination rights set forth elsewhere in this Agreement, the Company reserves the right to immediately suspend or restrict access to the Services, in whole or in part, without prior notice if:

  • We reasonably suspect fraud, abuse, or unlawful activity;
  • Your use exposes the Company to legal, regulatory, or reputational risk;
  • There is a security threat or attempted unauthorized access;
  • You violate applicable laws governing marketing, communications, or data privacy;
  • Required by law or regulatory authority.

Suspension does not relieve you of payment obligations under any active subscription.

2.5 Compliance with Marketing and Communications Laws

If you use the Services to send emails, text messages, voice messages, AI-generated communications, or other marketing or outreach communications, you are exclusively responsible for all communications sent using the Platform and for compliance with all applicable federal, state, and international laws governing marketing, advertising, or communications, as amended from time to time.

This includes, but is not limited to:

  • The Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and its implementing regulations;
  • The Telemarketing Sales Rule (TSR), 16 C.F.R. Part 310;
  • The CAN-SPAM Act of 2003;
  • All federal and state laws and regulations related to do-not-call registries;
  • All state-specific telemarketing laws, including those requiring registration, licensing, or bonding of telemarketers (including, without limitation, Texas Business & Commerce Code Chapter 302 and similar “mini-TCPA” laws in other jurisdictions);
  • Carrier or telecommunications provider rules, including 10DLC registration and messaging requirements;
  • International laws and regulations governing marketing and electronic communications, including but not limited to the EU General Data Protection Regulation (GDPR) and Canada’s Anti-Spam Legislation (CASL).

You represent and warrant that:

  • You have obtained all necessary consents, permissions, and authorizations from recipients prior to contacting them using the Services;
  • You will not use the Services to contact any individual who has not provided the legally required level of consent;
  • You have determined whether you are required to register, obtain a license, or post a bond under any applicable telemarketing, marketing, or advertising law and have satisfied all such requirements prior to sending communications;
  • You will maintain such compliance throughout the term of this Agreement;
  • You will maintain accurate and complete records of all required consents and compliance documentation.

You acknowledge and agree that you are solely responsible for the content of all communications sent through the Services, including any claims relating to false, misleading, or deceptive advertising, privacy or data protection violations, or other unlawful conduct.

Any compliance-related tools or features provided within the Platform are offered solely for your convenience. Their availability does not constitute legal advice and does not guarantee compliance with any law. You are solely responsible for properly configuring and using such features.

These obligations survive termination or expiration of this Agreement.

The Company disclaims all liability for the content, legality, or compliance of communications transmitted through the Services.

2.6 AI and Automation Tools

Certain features of the Services may utilize artificial intelligence, automation, predictive systems, or algorithmic tools (“AI Tools”). Your use of any Artificial Intelligence (“AI”) features of the Platform is subject to the following terms in addition to the main Terms of Service.

2.6.1 Disclaimers and Acknowledgement of Risk.

AI Output May Be Inaccurate. You acknowledge that artificial intelligence and machine learning are rapidly evolving fields. The AI features may produce content that is inaccurate, incomplete, offensive, or that does not reflect the most current information. Big Boost Marketing makes no warranty or guarantee as to the accuracy, reliability, timeliness, or appropriateness of any content generated by the AI features.

No Professional Advice. As stated elsewhere in these Terms, content generated by the AI features does not constitute legal, financial, medical, or other professional advice. You should consult with a qualified professional for such advice.

AS-IS Basis. THE AI FEATURES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BIG BOOST MARKETING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE AI FEATURES.

2.6.2 Your Responsibilities.

Review of AI Output. You are solely responsible for reviewing, editing, and validating all AI-generated content before its use, publication, or distribution. You should not rely on any AI-generated content without independent verification. You assume all risks associated with the use of content generated by the AI features.

Sensitive Information. You agree not to provide any sensitive personal information, Protected Health Information (PHI), or other confidential information as input into the AI features. You acknowledge that data you provide may be processed by third-party AI service providers subject to their own terms and privacy policies.

Indemnification. In addition to the indemnification obligations in Section 8 of these Terms, you agree to indemnify, defend, and hold Big Boost Marketing harmless from any and all claims, damages, and liabilities arising from your use of the AI features or any content generated therefrom, including but not limited to claims of copyright infringement, defamation, or misinformation.

2.6.3 Acceptable Use.

You agree not to use the AI features of the Platform in any manner contrary to relevant laws, regulations, and industry standards, including, but not limited to:

  • In any jurisdiction that prohibits or restricts the use of AI.
  • To discriminate against any person or group, or to generate hateful, harassing, or violent content.
  • To generate content that infringes on any third-party intellectual property rights.
  • To spread misinformation, engage in fraudulent or deceptive practices, or for any other malicious purpose.
  • For any other Prohibited Uses as defined in the Code of Conduct (Exhibit A).

AI features of the Platform may not be used in any manner contrary to the relevant laws, regulations, and industry standards, including, but not limited to, data protection and privacy regulations (e.g., GDPR, CCPA); financial industry guidelines (e.g., PCI DSS); as a part of automated decision making process with legal or similarly significant effects; or in violation of any intellectual property rights or geographical restriction.

AI features may not be used to discriminate against any person or groups on grounds of religion, race, sexual orientation, gender, national/ethnic origin, political beliefs. disability, health status, trade union membership, age, criminal convictions or engage in any biased, intimidating, defamatory, harassing, bullying or otherwise inappropriate behaviors.

AI features may not be used for generating individualized advice that in the ordinary course of business would be provided by a licensed professional including but not limited to medical, financial, tax, or legal advice. You must disclose to your customers when they are interacting with an AI-based voice or chatbot.

All assets created through the use of generative AI systems must be professional and respectful. You may not use offensive or abusive language and may not engage in any behavior that could be considered discriminatory, harassing, or biased when applying generative techniques.

You must take necessary steps to protect confidential and sensitive information of your users and customers

AI usage may not not damage, disable, overburden, or impair any websites or launches any automated system, including “robots,” “spiders,” or “offline readers,” that sends more request messages to any servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser.

AI features may not be used to spread misinformation, engage in malicious activities, or any other uses that could harm individuals or society.

AI features may not be used in any manner which is prohibited by the Agreement or the Code of Conduct provided herein.

2.7 Third-Party Integrations

The Services may integrate with or link to third-party platforms, including but not limited to payment processors, social media platforms, advertising networks, messaging providers, or other SaaS tools.

Your use of any third-party service is governed solely by that third party’s terms and policies.

The Company does not control and is not responsible for:

  • Third-party service performance;
  • Data handling practices of third parties;
  • Service interruptions caused by third parties;
  • Changes to APIs or access restrictions imposed by third parties.

You assume all risks arising from third-party integrations.

2.8 Modification or Discontinuation of Services

The Company reserves the sole right to modify, suspend, or discontinue the Services, including any features, tools, pricing structures, or functionality, at any time with or without notice.

Modifications may include, without limitation:

  • Changes to pricing;
  • Addition of free or fee-based services;
  • Removal or restriction of features;
  • Updates to AI tools or automation systems.

Any new features that augment or enhance the current Services shall be subject to these Terms.

The Company shall not be liable to you or any third party for exercising such rights.

2.9 Beta Products or Early Release Features

From time to time, the Company may offer early release, preview, experimental, or beta features, tools, AI systems, automation components, integrations, or documentation (“Beta Products”).

You acknowledge that the Big Boost App is a white-labeled platform powered in part by third-party technology providers, including HighLevel, which may independently develop, modify, or release beta or early-stage functionality.

Accordingly:

  • Certain Beta Products may be developed or hosted by HighLevel or other third-party infrastructure providers;
  • Such Beta Products may not be generally available to all users;
  • Beta Products may contain errors, defects, security vulnerabilities, or incomplete functionality;
  • Beta Products may be modified, restricted, or discontinued at any time, with or without notice.

All Beta Products are provided strictly on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether express, implied, statutory, or otherwise.

The Company provides no indemnities, service level commitments, uptime guarantees, or warranties (including warranties of merchantability, title, non-infringement, or fitness for a particular purpose) with respect to Beta Products.

The Company and its underlying platform providers, including HighLevel, reserve the right to modify, suspend, or terminate access to Beta Products at any time without notice.

You may discontinue use of Beta Products at any time.

Your use of Beta Products is at your own risk.

3. Policy For Using The Services

3.1 Lawful Use

You may use the Services for lawful business purposes only and in accordance with this Agreement.

You agree not to use the Services in any way that could damage, disable, overburden, impair, or interfere with the Services or the Company’s business operations.

You may use the Services for commercial or business purposes consistent with these Terms.

3.2 Prohibited Activities

In addition to the restrictions already set forth in this Agreement, you agree not to engage in any of the following prohibited activities:

(a) Violation of Laws or Obligations

Violate any applicable federal, state, local, or international laws or regulations, including but not limited to:

  • Marketing and communications laws;
  • Healthcare advertising laws;
  • Data protection laws;
  • Intellectual property laws;
  • Consumer protection laws.

(b) False or Misleading Healthcare or Business Claims

Upload, publish, distribute, or promote any content that:

  • Makes unsubstantiated medical claims;
  • Guarantees specific health outcomes;
  • Claims to cure, prevent, or treat diseases without appropriate regulatory approval;
  • Violates FDA, FTC, or state medical board advertising guidelines;
  • Misrepresents credentials, licensure, or clinical results.

The Company does not review, verify, or approve client marketing claims. You are solely responsible for ensuring all claims comply with applicable laws and professional regulations.

(c) Unlawful Marketing Practices

Use the Services to:

  • Send unsolicited bulk communications without lawful consent;
  • Upload or use purchased, rented, scraped, or third-party email or phone lists;
  • Circumvent opt-out mechanisms;
  • Engage in SMS, email, or telemarketing activities without legally required consent;
  • Violate CAN-SPAM, TCPA, GDPR, or similar regulations.

The Company reserves the right to suspend accounts engaged in suspected spam or unlawful outreach activities.

(d) No Impersonation

Impersonate any person or entity or misrepresent affiliation with any individual or organization.

(e) No Harm to Minors

Exploit or harm minors in any way, including exposing inappropriate content or collecting personal information in violation of applicable law.

(f) No Interference with the Services

Use any device, software, routine, automation, or scraping technology that interferes with the proper functioning of the Services.

This includes:

  • Data mining;
  • Automated scraping;
  • Crawlers;
  • Bots used to extract proprietary information.

(g) No Reverse Engineering

Reverse engineer, decompile, disassemble, or attempt to discover source code or proprietary methodologies underlying the Services.

(h) No Unauthorized Access

Attempt to gain unauthorized access to any part of the Services, related systems, or other users’ accounts.

(i) No Collection of User Data

Collect, harvest, or assemble personal information about other users without their express consent.

(j) No Use for Competitive Purposes

Use the Services to build, benchmark, reverse engineer, or develop a competitive product or service.

3.3 Responsibility for Data and Compliance

If you use the Services in connection with healthcare-related businesses, you acknowledge and agree that:

  • You remain the sole custodian of any patient or prospect data;
  • You are responsible for complying with HIPAA and other applicable healthcare privacy laws;
  • The Company does not act as a healthcare provider;
  • The Company does not verify the legality or compliance of your communications.

You assume all risk associated with the content and legality of materials you publish or distribute through the Services.

3.4 Geographic Restrictions

The Company is based in the United States. The Services are intended for use by persons located in the United States, Canada, United Kingdom.

By choosing to access the Services from any location other than the United States, Canada, United Kingdom, you accept full responsibility for compliance with all local laws and regulations.

The Company makes no representations that the Services or any of their content are accessible, appropriate, or legally permissible outside of the jurisdictions listed above.

Certain features of the Services — including but not limited to messaging capabilities, AI tools, telephony services, payment processing, integrations, data storage options, or automation functions — may not be available in all jurisdictions due to legal, regulatory, technical, or third-party provider limitations.

Feature availability may vary by country, region, or regulatory environment and may change at any time, with or without advance notice.

The Company does not guarantee that any particular feature, functionality, or integration will be available in any specific jurisdiction.

You acknowledge and agree that:

  • The availability of features may be restricted, modified, or discontinued in certain jurisdictions;
  • Such changes may occur without prior notice;
  • The Company bears no responsibility or liability for feature unavailability, modification, suspension, or discontinuance resulting from jurisdictional, regulatory, or third-party limitations.

Your continued use of the Services in any jurisdiction is at your own risk.

4. Terms And Conditions Of Sale

4.1 Purchasing Process

Any steps taken from selecting Services through order submission form part of the purchasing process.

By clicking on the checkout button or otherwise submitting an order, you enter into a legally binding agreement to purchase the selected Services under these Terms.

Where applicable, the purchasing process may involve a third-party payment processor. You agree to provide accurate billing and contact information and to promptly update such information if it changes.

4.2 Order Submission and Contract Formation

When you submit an order:

  • You acknowledge that submission constitutes acceptance of these Terms;
  • A binding contract is formed upon confirmation of payment;
  • You agree to pay all applicable fees, taxes, and charges specified at checkout.

If the purchased Services require input from you (including but not limited to content, brand assets, login credentials, technical specifications, or approvals), you agree to cooperate in a timely and commercially reasonable manner.

Failure to provide required input may delay delivery timelines and does not relieve you of payment obligations.

Upon submission of the order, you will receive confirmation that the order has been received.

4.3 Pricing and Payment

You are informed during the purchasing process of all applicable fees, taxes, and costs.

All payments are processed through third-party payment providers. The Company does not store full payment card information.

If payment fails or is declined, the Company is under no obligation to provide the Services until payment is successfully completed.

You agree not to initiate chargebacks or payment disputes without first contacting the Company to resolve the issue in good faith.

Improper chargebacks may result in:

  • Immediate suspension of Services;
  • Recovery of chargeback fees;
  • Referral to collections;
  • Legal action.

4.4 No Refund Policy

Except where explicitly required by applicable law, all payments are non-refundable.

This includes, without limitation:

  • Subscription fees;
  • Setup fees;
  • Strategy fees;
  • Website or asset configuration fees;
  • Platform access fees;
  • Renewal payments.

No refunds will be issued for:

  • Partial use of Services;
  • Failure to use Services;
  • Delays caused by client non-cooperation;
  • Account suspension due to policy violations.

4.5 No Guarantee of Results

You acknowledge and agree that:

  • Marketing outcomes depend on numerous factors beyond the Company’s control;
  • The Company does not guarantee specific results, including but not limited to revenue, lead volume, conversion rates, patient acquisition, search rankings, or advertising performance;
  • Any examples, case studies, or testimonials are illustrative and not guarantees of future results.

All Services are provided on a commercially reasonable efforts basis.

4.6 Asset Licensing Model

Certain Services may include access to proprietary marketing frameworks, website templates, automation workflows, video scripts, funnels, AI tools, or other intellectual property (“Licensed Assets”).

Unless otherwise agreed in writing:

  • You are granted a limited, non-exclusive, non-transferable, revocable license to use Licensed Assets during the active subscription term;
  • Licensed Assets remain the intellectual property of the Company;
  • You may not resell, sublicense, replicate, distribute, or use Licensed Assets outside your business;
  • Upon termination of Services, your right to use Licensed Assets may cease.

No ownership rights in Licensed Assets are transferred to you.

4.7 Retention of Usage Rights

You do not acquire any right to use purchased Services until full payment has been received.

In the event of delinquent payment, the Company reserves the right to:

  • Suspend access to Services;
  • Withhold deliverables;
  • Remove hosted content after reasonable notice;
  • Terminate the Agreement.

4.8 Taxes

You are responsible for all applicable sales, use, VAT, GST, or similar taxes imposed by any jurisdiction in connection with your purchase of the Services, except for taxes based on the Company’s net income.

4.9 Wallet and Rebilling

Your Platform Account may contain a prepaid balance feature (the “Wallet”) that allows you to pre-load funds to purchase Services through the Platform or to support rebilling of your customers’ fees.

If you are enrolled in certain subscription plans that include rebilling functionality, you may be automatically enrolled in the rebilling feature. You may modify or disable rebilling settings within your Platform Account, subject to any applicable plan limitations.

The Wallet system is used for all usage-based fees, including but not limited to:

  • Communication surcharges;
  • Messaging fees (SMS, MMS, email usage);
  • Telephony usage;
  • AI usage-based fees;
  • Other metered Services.

Usage-based fees are deducted from your Wallet balance in real time as they are incurred.

If your Wallet balance falls below a designated minimum threshold (for example, $25 USD or such other threshold as may be specified within the Platform), the Company may automatically charge the payment method on file to replenish your Wallet to your pre-defined reload amount.

You authorize the Company to:

  • Automatically charge your payment method to replenish your Wallet;
  • Automatically charge your payment method to cure any negative Wallet balance;
  • Make recurring deductions necessary to maintain a positive Wallet balance.

Products and Services purchased with Wallet funds may be subject to applicable taxes in certain jurisdictions. The Company may calculate and assess applicable taxes periodically and deduct such amounts from your Wallet balance. If tax assessments or other charges result in a negative Wallet balance, the Company may automatically charge your payment method on file to cure such negative balance and restore your Wallet to the designated minimum threshold.

You are solely responsible for maintaining accurate payment information within your Platform Account.

Failure to maintain a positive Wallet balance may result in suspension of usage-based Services.

By using the Wallet feature, you expressly consent to these automatic deductions, charges, and replenishments.

5. Contract Duration

5.1 App Subscriptions

Subscriptions allow you to receive Services continuously or regularly over a determined period of time.

Paid subscriptions begin on the date payment is received by the Company.

To maintain access to subscription-based Services, you must pay all recurring fees on or before the applicable due date.

If payment is delinquent:

  • You must cure such delinquency within five (5) business days of the due date;
  • Failure to cure may result in immediate suspension of access to the Big Boost App;
  • Suspension does not relieve you of payment obligations;
  • Recurring charges will continue to accrue during suspension.

Access will be restored once all outstanding balances are paid in full.

Repeated or continued delinquency may result in termination at the Company’s discretion.

5.2 Service Subscriptions

Service subscriptions (including marketing, consulting, or asset configuration services) begin upon payment and continue for the agreed subscription term.

If payment is delinquent:

  • BBM activities may be placed on hold;
  • Project timelines may be extended accordingly;
  • The Company is not responsible for delays resulting from payment issues.

Repeated delinquency may result in termination.

5.3 Fixed-Term Subscriptions

Paid fixed-term subscriptions begin on the date payment is received and continue for the full subscription period selected at purchase.

Fixed-term subscriptions:

  • May not be terminated prematurely without written agreement from the Company;
  • Are non-cancelable during the active term;
  • Are non-refundable.

If you attempt to terminate early, you remain responsible for all remaining payments due under the full subscription term.

Upon expiration of the fixed term, access to the Services will cease unless renewed.

5.4 Automatic Renewal

Unless otherwise specified in writing, subscriptions automatically renew for successive periods equal to the original subscription term.

Renewal fees will be charged using the payment method on file.

The Company may provide advance notice of renewal where required by law; however, you are solely responsible for monitoring your subscription renewal dates.

To prevent renewal, you must provide written notice of cancellation at least thirty (30) days prior to the next billing cycle.

Failure to provide timely notice will result in automatic renewal and associated charges.

No refunds will be issued for renewal payments resulting from failure to provide timely cancellation notice.

5.5 Termination by You

Recurring subscriptions may be terminated with at least thirty (30) days advance written notice.

Termination becomes effective at the end of the current billing period.

You will not receive prorated refunds for unused portions of subscription periods.

5.6 Termination by the Company

The Company may terminate or suspend Services immediately for:

  • Violation of these Terms;
  • Failure to make required payments;
  • Suspected unlawful activity;
  • Actions exposing the Company to legal or regulatory risk.

Termination does not relieve you of payment obligations accrued prior to termination.

5.7 Effect of Termination

Upon termination or expiration:

  • Your right to access the Services immediately ceases;
  • The Company may deactivate or delete your account;
  • The Company may remove hosted content after reasonable notice;
  • Licensed Assets may no longer be used;
  • The Company has no obligation to retain data beyond thirty (30) days following termination unless otherwise required by law.

It is your responsibility to export any data prior to termination.

The Company bears no liability for data loss following termination.

5.8 Downgrades and Modifications

Subscription downgrades or plan changes may take effect at the start of the next billing cycle.

The Company is not obligated to provide prorated refunds for downgrades.

6. Intellectual Property Rights

6.1 Ownership of Intellectual Property

You acknowledge that all intellectual property rights, including copyrights, trademarks, trade secrets, patents, proprietary methodologies, frameworks, workflows, automation systems, AI models, templates, scripts, designs, educational materials, marketing assets, and all related content, features, and functionality (collectively, the “Content”) are owned by the Company, its licensors, or other providers of such material.

The Content is protected by United States and international intellectual property laws.

Nothing in this Agreement transfers to you any ownership rights in the Content. All rights not expressly granted herein are reserved by the Company.

For clarity:

  • BBM retains ownership of all proprietary frameworks (including but not limited to Prospect-to-Patient (P2P), FastTrack, asset libraries, automation workflows, AI systems, and marketing templates);
  • BBM retains ownership of any pre-existing materials incorporated into deliverables;
  • The structure, sequencing, and architecture of funnels, campaigns, and workflows remain Company intellectual property.

6.2 License to Use the Services and Licensed Assets

During the active term of your subscription, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services and Licensed Assets solely for your internal business purposes in accordance with this Agreement.

This license:

  • Does not permit resale, redistribution, or sublicensing;
  • Does not grant ownership rights;
  • Terminates automatically upon expiration or termination of Services.

Unless otherwise agreed in writing, your right to use proprietary templates, frameworks, or automation structures ceases upon termination of your subscription.

6.3 Client-Owned Content

You retain ownership of content that you independently create and upload to the Services (“Client Content”), including:

  • Branding materials;
  • Logos;
  • Written content created independently by you;
  • Patient education materials you independently own.

However, you grant the Company a limited, non-exclusive license to use Client Content solely for the purpose of providing the Services.

You represent and warrant that you have the legal right to use and upload such Client Content.

6.4 AI-Generated Content

Certain Services may generate content using AI Tools.

Unless otherwise specified:

  • You may use AI-generated outputs for your business purposes;
  • BBM retains ownership of the underlying AI systems, prompts, workflows, and models;
  • AI outputs may be similar to outputs generated for other users;
  • BBM does not guarantee exclusivity of AI-generated language or structure.

You are responsible for reviewing, editing, and ensuring compliance of AI-generated content before use.

6.5 Certain Restrictions

The rights granted to you are subject to the following restrictions:

You shall not:

  • Copy, reproduce, distribute, or publish proprietary Content except as permitted herein;
  • Modify or create derivative works from Company methodologies;
  • Reverse engineer, decompile, or disassemble any part of the Services;
  • Remove proprietary notices;
  • Use the Services to develop or benchmark a competing platform;
  • Extract templates, scripts, frameworks, or automation structures for resale or redistribution;
  • Systematically download or archive proprietary materials.

6.6 No Implied License

No license is granted by implication, estoppel, or otherwise except as expressly stated in this Agreement.

6.7 Post-Termination Use

Upon termination or expiration:

  • Your license to use proprietary frameworks, templates, automation structures, and Licensed Assets may cease;
  • Continued use of proprietary systems beyond the subscription term may constitute infringement;
  • The Company may revoke access to hosted systems.

Client Content may be exported prior to termination, but proprietary structural elements may not be duplicated outside the platform without written permission.

6.8 Trademark Notice

All trademarks, logos, and service marks displayed on the Services are either the Company’s property or the property of third parties.

You may not use such marks without prior written consent.

7. User Content

7.1 User-Generated Content

The Services may contain interactive features allowing users to post, upload, submit, publish, display, or transmit content (“User Content”).

For clarity:

  • Content within a Client’s private subaccount in the BBM App (including marketing materials created for the Client) is not considered public User Content under this section;
  • However, all content you upload or transmit through the Services remains your responsibility.

You are solely responsible for your User Content and assume all risks associated with its use, accuracy, legality, and compliance.

The Company does not pre-screen, monitor, or verify User Content before publication and assumes no responsibility for it.

7.2 Healthcare and Patient Data Responsibility

If you upload, transmit, or store healthcare-related information, you acknowledge and agree that:

  • You remain solely responsible for compliance with HIPAA and other applicable healthcare privacy laws;
  • You are responsible for obtaining all required patient consents;
  • You will not upload Protected Health Information (PHI) unless you have independently ensured compliance with applicable laws;
  • The Company does not provide medical, legal, or regulatory review services;
  • The Company is not responsible for verifying the legality of any healthcare-related content.

You assume all liability arising from healthcare or patient data you process through the Services.

7.3 Testimonials, Case Studies, and Marketing Claims

If you upload testimonials, patient stories, or case studies, you represent and warrant that:

  • You have obtained all necessary written consents;
  • Such use complies with applicable medical advertising laws;
  • All claims are truthful, non-misleading, and properly substantiated.

The Company assumes no responsibility for verifying testimonial authenticity or compliance.

7.4 License to User Content

You grant the Company a non-exclusive, royalty-free, worldwide license to use, reproduce, display, distribute, and process User Content solely for the purpose of providing the Services.

This license does not grant the Company ownership of your proprietary business content.

The Company may use anonymized and aggregated data derived from use of the Services for analytics, system improvement, and marketing purposes, provided no personally identifiable information is disclosed.

7.5 AI Input and Automated Systems

If you submit content into AI tools, chat systems, or automation workflows:

  • You are responsible for the legality and appropriateness of such content;
  • You acknowledge that AI systems may process and generate outputs based on such inputs;
  • You agree not to submit confidential third-party information unless legally permitted;
  • The Company is not responsible for how you use AI-generated outputs.

7.6 Content Standards

You agree not to send, knowingly receive, upload, transmit, display, or distribute any User Content that does not comply with the following standards (“Content Standards”). User Content must not:

  • Violate Laws or Obligations. Violate any applicable laws or regulations (including intellectual property laws and right of privacy or publicity laws), or any contractual or fiduciary obligations.
  • Promote Illegal Activity or Harm to Others. Promote any illegal activity; advocate, promote, or assist any unlawful act; or create any risk of any harm, loss, or damage to any person or property.
  • Infringe Intellectual Property Rights. Infringe any copyright, trademark, patent, trade secret, moral right, or other intellectual property rights of any other person.
  • Defamatory, Abusive, or Otherwise Objectionable Material. Contain any information or material that we deem to be unlawful, defamatory, trade libelous, invasive of another’s privacy or publicity rights, abusive, threatening, harassing, harmful, violent, hateful, obscene, vulgar, profane, indecent, offensive, inflammatory, humiliating to other people (publicly or otherwise), or otherwise objectionable. This includes any information or material that we deem to cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, alarm, or annoy another person.
  • Promotion of Sexually Explicit Material or Discrimination. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Fraudulent Information or Impersonation. Contain any information or material that is false, intentionally misleading, or otherwise likely to deceive any person including, without limitation, impersonating any person, or misrepresenting your identity or affiliation with any person or organization.
  • Endorsement by the Company. Represent or imply to others that it is in any way provided, sponsored, or endorsed by the Company or any other person or entity, if that is not the case.
  • Violate applicable healthcare advertising regulations;
  • Include unlawful medical guarantees;

7.7 Monitoring and Enforcement

The Company reserves the right — but not the obligation — to:

  • Remove or restrict User Content;
  • Suspend accounts;
  • Report unlawful activity to authorities;
  • Disclose User Content to comply with legal obligations;
  • Take any action deemed necessary to protect the Company or third parties.

The Company assumes no liability for failure to monitor or remove User Content.

7.8 Feedback

If you provide the Company with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to the Company all rights in such Feedback and agree that the Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. The Company will treat any Feedback that you provide to the Company as non-confidential and non-proprietary. You agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary.

The Company may use such feedback without restriction or compensation.

7.9 Copyright Infringement (Digital Millennium Copyright Act Policy)

The Company respects the intellectual property of others and expects users of the Services to do the same. It is the Company’s policy to terminate the users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that your work has been copied in a way that constitutes copyright infringement and wish to have the allegedly infringing material removed, please provide the following information in accordance with the Digital Millennium Copyright Act to our designated copyright agent:

  • a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  • a description of the copyrighted work that you allege has been infringed;
  • a description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;
  • a description of where the material that you claim is infringing is located;
  • your contact information, including your address, telephone number, and email address;
  • a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please note that pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorneys’ fees incurred by us in connection with the written notification and allegation of copyright infringement. Designated copyright agent for the Company: Uli Iserloh Big Boost Marketing, 297 Route 72 W, Ste 35 #303, Manahawkin, NJ 08050 (646) 906-8098 support @ bigboostmktg.com

7.10. Disclaimer Regarding Links

The links on any of the Sites and/or Services will let you leave the particular Site or Service you are accessing in order to access a linked site (the “Linked Sites”). Big Boost Marketing provides these links as a convenience, but we neither control nor endorse these Linked Sites, nor has Big Boost Marketing reviewed or approved the content which appears on the Linked Sites. Big Boost Marketing is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any Linked Sites. You acknowledge and agree that Big Boost Marketing shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Linked Sites.

8. Assumption of Risk

8.1 General Informational Disclaimer

The information, content, and materials presented on or through the Services are made available for general informational purposes only.

The Company does not warrant the accuracy, completeness, suitability, or quality of any information provided through the Services.

Any reliance you place on such information is strictly at your own risk.

The Company disclaims all liability and responsibility arising from reliance placed on such materials by you or any third party.

8.2 No Guarantee of Marketing, SEO, AEO, or AI Search Results

You acknowledge and agree that:

  • Search engine rankings are controlled by third-party algorithms;
  • AI search results (including but not limited to ChatGPT, Google AI Overviews, Gemini, Perplexity, or similar systems) are controlled by third-party providers;
  • SEO (Search Engine Optimization), AEO (Answer Engine Optimization), AI visibility, and search placement are influenced by constantly changing external factors beyond the Company’s control.

The Company does not guarantee:

  • Specific keyword rankings;
  • Placement in AI-generated search responses;
  • Inclusion in Google AI Overviews;
  • Traffic volume;
  • Lead volume;
  • Conversion rates;
  • Revenue growth;
  • Domain authority scores;
  • Paid advertising performance.

All marketing services are provided on a commercially reasonable efforts basis only.

8.3 Paid Advertising Disclaimer

If you use paid advertising services (including but not limited to Meta Ads, Facebook Ads, Instagram Ads, Google Ads, YouTube Ads, or other advertising platforms), you acknowledge and agree that:

Advertising platforms operate independently of the Company and are controlled entirely by third-party providers.

The Company does not control and is not responsible for:

  • Whether Meta or any advertising platform spends the entire allocated ad budget;
  • Budget pacing decisions made by the platform;
  • Throttling of reach, impressions, exposure, or results;
  • Ad account restrictions, suspensions, or shutdowns;
  • Campaign disapprovals;
  • Changes in advertising policies or algorithms;
  • Campaign interruption due to a failed client payment method;
  • Any action taken by Meta or other platforms that impedes ad performance outside of the Company’s control.

If an advertising campaign is stalled, restricted, or disabled, the Company will use commercially reasonable efforts to assist in troubleshooting and attempting to restore the campaign. However, the Company does not guarantee that any campaign will be reinstated or perform at prior levels.

The Company makes no guarantee regarding:

  • Webinar registration volume;
  • Cost per registration;
  • Cost per lead;
  • Discovery call booking rates;
  • Enrollment rates;
  • Return on ad spend;
  • Revenue outcomes.

You acknowledge that webinar performance, discovery call enrollment, and business conversion results depend on multiple factors outside of the Company’s control, including but not limited to:

  • Offer positioning;
  • Pricing;
  • Market demand;
  • Sales process;
  • Follow-up execution;
  • Economic conditions.

You assume all risks associated with paid advertising expenditures and campaign performance.

Your use of any Artificial Intelligence (“AI”) features of the Big Boost App platform is subject to the following terms in addition to the main Terms and Conditions:

8.4 No Business or Medical Advice

The Services do not constitute:

  • Legal advice;
  • Medical advice;
  • Financial advice;
  • Regulatory compliance advice.

You are responsible for seeking independent professional counsel where appropriate.

The Company does not provide medical review or regulatory approval of your marketing materials.

8.5 Lead Quality and Patient Outcomes

The Company does not control:

  • The intent of prospects;
  • The financial capacity of leads;
  • The readiness of patients to enroll;
  • Clinical outcomes of patients.

You assume full responsibility for screening, evaluating, and accepting clients or patients.

The Company is not responsible for:

  • No-shows;
  • Refund disputes;
  • Patient dissatisfaction;
  • Clinical outcomes;
  • Business profitability.

8.6 Third-Party Platform Dependency

The Services may depend on third-party systems including search engines, advertising platforms, telephony providers, AI providers, hosting services, payment processors, and integration partners.

The Company is not responsible for:

  • API changes;
  • Policy changes;
  • Account suspensions imposed by third parties;
  • Algorithm changes;
  • Platform outages;
  • Removal of business listings;
  • Changes in ranking criteria.

8.7 No Business Opportunity; No Profit Guarantee

The Company makes no guarantees that your business will be profitable or that you will make money using the Services.

Except as expressly set forth in these Terms, the Company is not providing any business opportunity, franchise opportunity, “get rich” program, or guaranteed revenue system.

You acknowledge that business success depends on numerous factors beyond the Company’s control, including your business model, pricing, services, team performance, market conditions, regulatory compliance, advertising execution, and patient experience.

You assume full responsibility for all business decisions made using the Services.

9. Privacy

For information about how the Company collects, uses, and shares personal information, please review our Privacy Policy.

By using the Services, you consent to the collection, use, and sharing of information as described in the Privacy Policy.

You acknowledge and agree that:

  • You are solely responsible for ensuring that your collection and use of personal data complies with applicable privacy laws;
  • You are responsible for obtaining legally required consents from individuals prior to collecting or processing their data through the Services;
  • The Company does not independently verify your compliance with HIPAA, GDPR, CCPA, TCPA, or other privacy laws;
  • The Company is not responsible for unlawful data collection or communications initiated by you.

Where required by law, separate data processing or business associate agreements may govern specific relationships, but nothing in these Terms alone creates a fiduciary or healthcare provider relationship.

10. Termination

10.1 Termination by the Company

The Company may suspend or terminate your access to the Services at any time, with or without notice, if:

  • You violate these Terms;
  • You engage in unlawful or fraudulent activity;
  • Your actions expose the Company to regulatory, reputational, or financial risk;
  • You fail to make required payments;
  • Required by law.

Termination may include:

  • Account deactivation;
  • Removal of hosted content;
  • Deletion of stored data after reasonable notice.

The Company shall not be liable for termination or suspension.

10.2 Termination by You

If you have registered for an account, you may terminate by providing written notice in accordance with Section 5.

Termination does not relieve you of accrued payment obligations.

10.3 Survival

The following provisions survive termination:

  • Intellectual Property Rights
  • Assumption of Risk
  • No Warranty
  • Limitation of Liability
  • Indemnification
  • Dispute Resolution
  • Any other provisions which by their nature should survive.

11. No Warranty

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY;
  • FITNESS FOR A PARTICULAR PURPOSE;
  • TITLE;
  • NON-INFRINGEMENT;
  • ACCURACY;
  • RELIABILITY.

YOUR USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, OR OTHER HARM THAT RESULTS FROM USE OF THE SERVICES.

WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT:

(A) THE SERVICES WILL MEET YOUR REQUIREMENTS;
(B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(C) THE RESULTS OBTAINED FROM USE OF THE SERVICES (INCLUDING SEO, AEO, AI VISIBILITY, OR PAID ADVERTISING PERFORMANCE) WILL BE EFFECTIVE, ACCURATE, OR RELIABLE;
(D) CERTAIN FEATURES WILL BE ADDED TO THE SERVICES;
(E) THE QUALITY OF THE SERVICES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.

YOU ACKNOWLEDGE THAT THE INTERNET AND TELECOMMUNICATIONS NETWORKS ARE INHERENTLY INSECURE. ACCORDINGLY, THE COMPANY IS NOT LIABLE FOR ANY CHANGES TO, INTERCEPTION OF, OR LOSS OF DATA WHILE IN TRANSIT VIA THE INTERNET OR A TELECOMMUNICATIONS PROVIDER’S NETWORK.

THE COMPANY MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH THIRD-PARTY SERVICES OR INTEGRATIONS. SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY PROVIDED IN CONNECTION WITH THIRD-PARTY SERVICES IS PROVIDED SOLELY BY SUCH THIRD PARTY.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Limitation Of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES BE LIABLE FOR:

  • ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
  • LOSS OF PROFITS;
  • LOSS OF REVENUE;
  • LOSS OF DATA;
  • LOSS OF BUSINESS OPPORTUNITY;
  • LOSS OF GOODWILL;
  • DIMINUTION IN VALUE.

THIS APPLIES REGARDLESS OF LEGAL THEORY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR RELATED TO THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

If you have paid no fees, the Company’s total liability shall not exceed one hundred dollars ($100).

12.2 Essential Basis

YOU ACKNOWLEDGE THAT THE SERVICES WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS.

13. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates, and their respective officers, directors, employees, agents, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, penalties, fines, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  1. Your breach of this Agreement;
  2. Your use or misuse of the Services;
  3. Your User Content;
  4. Your marketing communications, including email, SMS, AI-generated communications, or advertising;
  5. Any alleged violation of healthcare advertising laws, FDA/FTC guidelines, or professional regulations;
  6. Any alleged violation of HIPAA or data privacy laws;
  7. Any claim by a third party (including patients, prospects, or regulators) arising from your use of the Services;
  8. Any content submitted into AI tools or automated systems.

The Company reserves the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification. You agree to cooperate fully in such defense.

You further agree to indemnify, defend, and hold harmless the Indemnified Parties from and against any claims, investigations, enforcement actions, fines, penalties, damages, or expenses arising out of or related to:

  • Alleged violations of the TCPA, TSR, CAN-SPAM, do-not-call laws, state telemarketing laws, 10DLC requirements, GDPR, CASL, or any other marketing, advertising, telecommunications, or privacy regulation;
  • Failure to obtain legally sufficient consent prior to contacting recipients;
  • Failure to register, license, or bond as required under applicable telemarketing laws.

14. Disputes

14.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, Ocean County, without regard to conflict-of-law principles.

14.2 Mandatory Arbitration

At the Company’s sole discretion, any dispute, claim, or controversy arising out of or relating to this Agreement or the Services may be submitted to binding arbitration administered by the American Arbitration Association in Ocean County, New Jersey.

Arbitration shall be conducted before a single arbitrator.

The arbitrator’s decision shall be final and binding and may be entered in any court of competent jurisdiction.

The prevailing party shall be entitled to reasonable attorneys’ fees and costs unless the arbitrator determines otherwise for good cause.

14.3 Class Action Waiver

YOU AGREE THAT ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

The arbitrator may not consolidate claims or preside over any form of class proceeding.

14.4 Jury Trial Waiver

YOU WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT.

14.5 Limitation Period

ANY CLAIM MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES, OR IT IS PERMANENTLY BARRED.

15. Miscellaneous

15.1 Force Majeure

The Company shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including but not limited to:

  • Acts of God
  • Natural disasters
  • Government actions
  • War
  • Cyberattacks
  • Third-party service interruptions, including GoHighlevel, Google, Amazon
  • Internet outages
  • Regulatory changes

15.2 Waiver

Failure to enforce any provision shall not constitute a waiver.

15.3 Severability

If any provision is found unenforceable, the remaining provisions remain in full force.

15.4 Entire Agreement

This Agreement constitutes the entire agreement between you and the Company regarding the Services.

15.5 No Agency

No agency, partnership, joint venture, or employment relationship is created.

15.6 Assignment

You may not assign this Agreement without prior written consent.

The Company may assign this Agreement without restriction.

15.7 Export Laws

You agree to comply with all applicable export control laws.

16. Contact Information

All notices of copyright infringement claims should be sent to the designated copyright agent as provided in Section 7 (User Content). All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to support@bigboostmktg.com

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