Last updated: October 18, 2021
PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (THE “WEBSITE”). THESE WEBSITE TERMS OF SERVICE (THE “TOS”) GOVERN YOUR ACCESS TO AND USE OF THIS WEBSITE AND OTHER WEBSITES (COLLECTIVELY, THE “SITES”), APPLICATIONS, SERVICES, AND PRODUCTS PROVIDED BY TLA INNOVATION, INC. D/B/A BOOMID (“BOOMID”). THE WEBSITE IS AVAILABLE FOR YOUR USE ONLY IF YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.
THE APPLICATION, SERVICES AND PRODUCTS: The application, Services and products are being provided for testing purposes (“Alpha Services”) may be accessed under this TOS. Without limiting any other provision contained herein, the Alpha Services are provided on an ‘as is’ and ‘where available’ basis. BoomID, in its sole discretion, (1) may not provide standard technical support for and does not offer any warranties for the Alpha Services, (2) may change or discontinue any Alpha Service at any time without notice, or (3) choose not to make an Alpha Service generally commercially available. Enterprise Customer may provide BoomID with information relating to access, use, testing, or evaluation of Alpha Services, including observations or information regarding the performance, features, and functionality of Alpha Services (“Test Observations”). BoomID will own, may use, and evaluate all Test Observations for its own purposes. Customer shall not use any Test Observations except for Enterprise Customer’s internal evaluation purposes of any Beta Service.
Definitions
“BoomID Identity Assurance Platform ™” is a SaaS based cloud solution which provides customers from any industry advanced and adaptive security capabilities including: (i) identity assurance, (ii) single-sign on, (iii) two-factor authentication direct integration, (iv) a decentralized digital wallet, (v) bot protection, (vi) scalping prevention, (vi) fraud identification and prevention, and (vii) case management.
“BoomID Mobile™” is a privacy product, combining an easy-to-use password manager and digital wallet functionality. By scanning your palm, BoomID Mobile™ Users can gain access to their stored information, including master passwords, digital wallets and Verified Records, stored in the blockchain with a key stored securely on the User’s own mobile device(s).
“BoomID SDK™” allows direct integration of authentication and authorization services available within the BoomID Identity Assurance Platform™ enabling Enterprise Customers to further protect access to business-critical resources.
“BoomID SSO™” allows users to “login with BoomID” to third party services using federated identity management. BoomID SSO™ supports SAML v2.0, OAUTH v.2.0 and OpenID Connect (OICD).
“BoomID Zappa” provides alternative means (as opposed to tools such as “captcha” or “recaptcha”) of performing bot detection and prevention.
“Customer Data” means all electronic data or information submitted by Customer or Users via the Services.
“Employees” means Enterprise customers’ employees, consultants, contractors, and agents.
“Enterprise Customer” means a company that has contracted with BoomID to subscribe to use the Services for an organization’s employees.
“Services” means subscription services that BoomID provides, such as: (1) BoomID Identity Assurance Platform™, (2) BoomID SDK™, (3) BoomID Mobile™, (4) BoomID Zappa, and (5) BoomID SSO™.
“Users” means individuals accessing the Sites, use the Services and/or Employees.
“Verified Records” are User artifacts that can be digitally verified.
The Services and Responsibilities
Enterprise Customer
The Enterprise Customer shall be responsible for (i) its Users’ compliance with this TOS, (ii) any and all activity on the Services arising from its Users’ credentials, (iii) its Users use of any Customer Data including without limitation any use of Customer Data in violation of applicable laws and regulations, Enterprise Customer’s policies, Customer’s EULA with BoomID, and BoomID’s privacy policy (available at: https://www.boomid.io/privacy), and (iv) use the Services only in accordance with the terms of this TOS, Customer’s EULA with BoomID, and applicable laws/government regulations. If individual consents are required to collect, use, transfer or otherwise process any Customer Data, including without limitation Customer Data subject to data privacy laws and regulations, the Enterprise Customer shall be solely responsible for obtaining all such consents. The Enterprise Customer shall not (a) make the Services available to anyone other than those authorized by the applicable agreement between BoomID and the Enterprise Customer, (b) sell, resell, rent or lease the Services, (c) interfere with or disrupt the integrity or performance of the Services or any content contained therein, or (d) attempt to gain unauthorized access to the Services or the underlying systems or networks.
Enterprise Customer shall, and shall ensure that all Users, provide information on or associated with Enterprise Customer’s BoomID Hub™ that is accurate, complete, and sufficient for its enterprise use. BoomID shall have no responsibility for providing Customer with multiple User accounts. Enterprise Customer and its Users are entirely and fully responsible for maintaining the confidentiality of the login credentials of the Users, and preventing unauthorized use of the login credentials. Enterprise Customer shall not allow multiple individuals to share one common login credential. Enterprise Customer is solely responsible for all activities that occur under any of its User accounts, and will promptly notify BoomID upon becoming aware of any unauthorized use of login credentials, password issues, data breach, User complaint(s), loss of Customer Data or intellectual property or privacy claims. Enterprise Customer acknowledges and agrees that BoomID has no obligation or liability to Customer or any User for the Users’ usage of the Sites or Services (or any associated professional services). By using the Sites or Services (or any associated professional services), a User may not bring any action against BoomID in relation to the Sites or Services (or any associated professional services). Enterprise Customer agrees to hold harmless and indemnify BoomID from and against any claim by a User, third party, and/or regulatory authority in connection with the use of the Sites or Services by any of its User(s). Enterprise Customer shall pay any resulting judgment, fine, forfeiture, or settlement, and all costs, including reasonable attorney’s fees, and expenses related thereto.
For all Users of Enterprise Customers, you represent and warrant that your digital identity will be securely stored using blockchain on your mobile device. BoomID is not responsible for the security of your vault stored on your mobile device, the security of your mobile device, and the security of your digital identity that you voluntarily shared with third parties. At any time during the term of the agreement between the Enterprise Customer and BoomID, the Enterprise Customer may access the Users’ digital identity stored within the enterprise vault. BoomID is not responsible or liable to the User for access or use of such digital identity by the Enterprise Customer.
Conflict – Enterprise Customers
If any term set forth in this TOS conflicts with the Enterprise Customer’s End User License Agreement with BoomID, the terms set forth in this TOS shall govern.
All Users
BoomID Identity Assurance Platform ™ can be utilized to provide: (i) multi-factor authentication for web-based applications, (ii) passwordless authentication for mobile applications, (iii) “captcha”-free sites for verified identities without requiring login, (iv) Verified Records storage for digital identities, and (v) Verified Records recall with a touchless scan of the User’s palm. When an Enterprise Customer uses BoomID SDK™, which is available for both iOS and Android platforms and via JavaScript to integrate with web applications, Users will be required to authenticate to BoomID and a second factor; BoomID supports palm based, a one-time password delivered via SMS, FaceID or fingerprint, local password, or a behavioral identifier.
BoomID Mobile™, available on the Apple App Store and Google Play Store, allows Users to leverage the privacy features of the BoomID Identity Assurance Platform™, by allowing Users the ability to securely store your passwords and digital identities.
Browser Extension: BoomID provides browser extensions, which offers the same capabilities as BoomID Mobile™, allowing the user to securely add, edit, and delete credentials and digital identities. Passwords are never stored within the browser; when a User wants to login to a registered site, the browser extension performs a secure request to the User’s device seeking the specific credentials required.
Your Security Responsibilities
Users are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must not use your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and BoomID may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause BoomID liability. You must immediately notify BoomID of any unauthorized uses of your account, your vault or any other breaches of security. BoomID will not be liable for any acts or omissions by you, including any damages of any kind incurred because of such acts or omissions.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. BoomID disclaims any responsibility for any harm resulting from the use by visitors of the Sites, or from any downloading by those visitors of content there posted.
You will have the option to securely store your vault in your personal file share drive. We encourage you to store a backup of your vault in your personal file share drive. BoomID is not responsible and shall not be liable for your failure to back up your vault and digital identities. For Enterprise Customers, we strongly encourage backing up your vaults in a single universal file share drive.
For all Users and Enterprise Customers:
Intellectual Property
Any and all intellectual property rights (“Intellectual Property”) associated with the Sites and its contents (the “Content”) are the sole property of BoomID, provided, however, that it is understood that any User-generated digital identity (“Your Data”) in which you upload or store within the Services, shall be owned by you. The Content is protected by copyright and other laws in both the United States and other countries. Elements of the Sites are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Sites are trademarks, service marks or trade dress (“Marks”) of BoomID, its affiliates or other entities that have granted BoomID the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of BoomID. Except as otherwise expressly authorized by these TOS, You may not copy, reproduce, modify, lease, license, loan, sell, create derivative works from, upload, transmit, transfer or distribute the Intellectual Property of the Sites and Services in any way without BoomID’s or the appropriate third party’s prior written permission. Your use of the Sites grants you no right or license to reproduce or otherwise use any BoomID or third-party trademarks.
Content Posted on Other Websites
We have not reviewed, and cannot review, all the material, including computer software, made available through the Sites and webpages to which BoomID.io links, and that link to BoomID.io. BoomID does not have any control over those non-BoomID.io Sites and webpages, and is not responsible for their contents or their use. By linking to a non-BoomID.io Sites or webpage, BoomID does not represent or imply that it endorses such Sites or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. BoomID disclaims any responsibility for any harm resulting from your use of non-BoomID Sites and webpages.
Modifications
BoomID may revise and update these TOS at any time. Your continued usage of the Website after any changes to these TOS will mean You accept those changes. Any aspect of the Sites may be changed, supplemented, deleted or updated without notice at the sole discretion of BoomID.
Suspension and Termination
BoomID may suspend Your or a Users’ rights to access any part of the Sites in BoomID’s sole discretion at any time and for any reason or for no reason at all. Without limiting the foregoing in anyway, BoomID may suspend Your or a User’s rights to (1) correct a material error in the Sites; (2) prevent violation of these TOS or (3) comply with any law. All provisions of this TOS which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
General Representation and Warranty
You represent and warrant that (i) your use of the Sites will be in strict accordance with the BoomID Privacy Policy, with this TOS and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Sites will not infringe or misappropriate the intellectual property rights of any third party.
Without limiting any of those representations or warranties, BoomID has the right (though not the obligation) to, in BoomID’s sole discretion (i) refuse or remove any content that, in BoomID’s reasonable opinion, violates any BoomID policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Sites to any individual or entity for any reason, in BoomID’ sole discretion. BoomID will have no obligation to provide a refund of any amounts previously paid.
Disclaimer of Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITES OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITES. THIS SITES AND ALL OF ITS CONTENT ARE PROVIDED FOR USE “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE, ITS CONTENT, ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE, AND ANY SITE WITH WHICH IT IS LINKED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THIS SITES, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITES WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITES, OR ANY SITES WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPEARING ON THIS SITES. WE DO NOT REPRESENT OR WARRANT CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OR USE OF THIS SITE. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE. Nothing in these TOS will affect any statutory rights to which you may be entitled as a consumer to the extent your ability to alter or waive such rights by contract is limited by applicable law.
Indemnification
You agree to indemnify and hold harmless BoomID, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all third party claims and expenses, including attorneys’ fees, arising out of your use of the Sites, including but not limited to out of your violation this TOS.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR ANY WEBSITE WITH WHICH THEY ARE LINKED, OR ANY MERCHANDISE AVAILABLE ON THIS SITES. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED (i) TEN DOLLARS ($10.00) FOR INDIVIDUAL PERSONAL USERS, OR (ii) FOR ENTERPRISE CUSTOMERS, THE AMOUNT PAID BY YOUR COMPANY IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM.
Waiver & Severability
Our failure at any time to require performance of any provision of these TOS or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by any of us of any breach of any provision of these TOS or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these TOS. If any provision of this TOS is held invalid, illegal or unenforceable, the remaining provisions shall be enforced to the maximum extent permitted by applicable law.
Governing Law, Jurisdiction and Venue
These TOS shall be governed under the laws of the State of Delaware without regard to its conflicts of law provisions. The venue for all actions or proceedings arising out of or relating to these TOS shall be exclusively in state or federal court in Delaware. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.