(Effective as of April 6th, 2018)
Welcome to goBoost, an app (the "App") operated by Kinertia LLC (the “Company”).
Please review these Terms carefully. By downloading, accessing, or using the App, you show you agree to these Terms. If you don’t agree to these Terms, you may not download, access, or use the App.
ABOUT THE APP
The App allows you to advertise your services on the internet within minutes. The App allows you to place internet ads and record calls from potential clients. The Company reviews the calls for quality and categorizes them as to whether they are quality leads or not. The Company then shares this information, including the recordings of the calls, with you. The services provided by the App are collectively called the "Service."
You will also be asked to create a password.
Also, please note that the App is under constant development. New features may be added frequently, so it’s important to check back to this page for updates.
To use the Service, you will be charged a fee. Fees are usually charged on the first week of each month.
Most of the money you spend (your "Boost Balance") will go to boost your ads so that they appear in front of consumers. A portion of the money you spend is our fee. More details are on our fee page.
This fee is currently collected via Stripe (our "Billing Service Provider"), which has its own legal terms.
Funds uploaded for ad spending are subject to a 2.9% processing fee in addition to our other charges.
You will be required to provide the Company and/or its Billing Service Provider with information regarding your credit card or other payment method. You represent and warrant that such information is true and that you are authorized to use the payment method.
You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date). You hereby authorize the Company to bill you in accordance with the terms of your plan until you terminate your account, and you agree to pay any charges so incurred. If you dispute any charges you must notify the Company within thirty (30) days after the date that you are billed.
You can terminate your use of the Service, change your password, and otherwise manage your account using the App. You will be assigned a phone tracking number when you register, but you won't be able to take this with you if you terminate your account.
If a valid payment method is not available, your ads will be paused until a payment method is available.
We reserve the right to change the Company’s fees. If the Company does change its fees, the Company will provide notice of the change in the App, on the Company's website at goboost.io, or in an email to you, at Company’s option, at least 14 days before the change is to take effect. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the changed amount.
You will be automatically be billed monthly until you cancel your account. If you properly terminate your paid account, you will not be charged for future months. If you terminate, you will receive a pro-rated refund for any portion of a month in which you don't use the Service. However, you will not receive a refund for an unused portion of a month for which you have already paid. Also, you will not receive a refund for any money spent on advertising, even if you spent it inadvertently by failing to turn off an ad. You may cancel an add via the App or by contacting us at firstname.lastname@example.org. Funds uploaded for advertising via the App that have not yet been spent may be refunded upon your request.
You should review Google’s "Working with a third-party" disclosure notice for an introduction in online ads management by a third-party.AUDITYou may request an audit document which details your ad spend and account numbers by emailing us at email@example.com . This audit takes about 1-2 weeks.
USE OF THE APP OR SERVICE
You need to be at least 18 years old to use the App.
Your permission to use the App is conditioned upon the following restrictions and conditions.
You agree that you will not:
Use, display, mirror or frame the Service or any individual element within the Service, Company’s name, any Company trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Company’s express written consent;
Access, tamper with, or use non-public areas of the Service, Company’s computer systems, or the technical delivery systems of Company’s providers;
Attempt to probe, scan or test the vulnerability of any Company system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Company or any of Company’s providers or any other third party (including another user) to protect the Service or Content;
Use any meta tags or other hidden text or metadata utilizing a Company trademark, logo URL or product name without Company’s express written consent;
Use the Service or App content ("Content"), or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service or Content to send altered, deceptive or false source-identifying information;
Collect or store any personally identifiable information from the Service from other users of the Service without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Sublicense, resell, rent, lease, transfer, assign, time share, or otherwise commercially exploit or make the Service available to any third party;
Use the Service for any unlawful purpose or for the promotion of illegal activities;
Use the Service to attempt to, or harass, abuse or harm another person or group;
Use another user’s account without permission;
Interfere or attempt to interfere with the proper functioning of the App or Service;
Make any automated use of the App or Service, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
Attempt to decipher, reverse engineer, decompile or disassemble any portion of the Service or the software used to provide the Service;
Bypass any robot exclusion headers or other measures we take to restrict access to the App or Service or use any software, technology, or device to scrape, spider, or crawl the App or Service or harvest or manipulate data; or
Encourage or enable any other individual to do any of the foregoing.
MONITORING AND COMPLIANCE
Although the Company is not obligated to monitor access to or use of the Service, we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable your access to the App, or terminate your account, at any time and without notice. We have the right to investigate violations of these Terms or conduct that affects the Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
You acknowledge and agree that the Company and its licensors retain ownership of all intellectual property rights of any kind related to the App or Service (including Content), including applicable copyrights, trademarks, and other proprietary rights. The Company reserves all rights that are not expressly granted to you under these Terms.
Specifically, the Company owns the ad campaign setup, keyword mix, bidding strategy, landing pages, URL:s, and ad copy. None of this material may be transferred out of the App. The Company's settings and methods are its trade secrets and part of its intellectual property.
You agree to indemnify, defend, and hold harmless the Company from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the App or Service in violation of these Terms; or (b) your violation of any law or rights of any third party.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you (a) consent to receive emails via the email address you have submitted when you sign up on the App or Service; and (b) agree that all Terms, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
The Company may also use your email address to send you other messages, including information about the Company and App or Service and special offers. You may opt out of such email by changing your account settings or sending an email to firstname.lastname@example.org.
THE APP AND SERVICE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE APP AND SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, UPTIME, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE APP OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR UPLOADING, DOWNLOADING, AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL SENT TO OR OBTAINED FROM THE APP OR SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
NO GUARANTEE OF RESULTS
The Company does not guarantee that your use of the App or Service will produce any specific results.
WRONG NUMBERS AND TELEMARKETERS; OUT-OF-AREA CALLS
Telemarketers or wrong numbers may call your tracking number. This doesn’t mean they clicked on one of your ads. You will be able to set the "Boost Zone" -- the geographic area where people will be able to see your ads. However, this does not guarantee that calls won't come in from outside this area.The Company isn't responsible for such calls.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE APP OR SERVICE; (C) THE APP OR SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE APP AND SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE APP OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), FRAUD, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL COMPANY’S LIABILITY TO YOU EXCEED $10. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
The Company can amend these Terms at any time. It’s your responsibility to check the App and Company website from time to time to view any such changes. If you continue to use the App or Service, you show your agreement to our revisions to these Terms. Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of these Terms by the Company via telephonic or email communications shall be valid.
We will not disclose that you are a user of our App without your permission, but people seeing your ads may be able to tell that you are a user.The Company does not integrate its data with third party accounts like analytics or any other accounts which could be viewed as competitive or could disclose proprietary or trade secret information regarding Company marketing strategies.
We may use anonymized statistics about the performance of your ads in our marketing materials, using the area your ads were displayed in but not your company name.
If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision. Our rights under these Terms will survive any termination of these Terms.
You agree that any legal action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms and your use of the App and Service are governed by the federal laws of the United States of America and the laws of the State of Pennsylvania, without regard to conflict of law provisions.
You agree to resolve any claims relating to these Terms or the App or Service through final and binding arbitration. Any arbitration will be conducted by the American Arbitration Association (AAA) under its commercial arbitration rules. The arbitration will be held in Philadelphia, PA
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE COMPANY MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
If you attempt to bring any legal action against the Company based in any way on the App or Service you agree that, in the event you do not prevail or the Company does prevail, you will reimburse the Company for any costs and attorneys’ fees associated with its defense of the action.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: Current rates for the Service are here. You may contact us at email@example.com. The Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.