terms | BoostCollab

© Copyright 2018 Boost Dream, Inc.
All rights reserved.

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Welcome to BoostCollab!


BoostCollab is a communication platform designed for asynchronous communication and collaboration in distributed companies. This Terms of Service governs your use of the BoostCollab web app and the boostcollab.com website (collectively “the Platform” or “Boost Platform”), as well as the relation between yourself and Boost Dream, Inc. (“BoostCollab”). If you do not agree to these Terms, including the Binding Arbitration Clause included below, please discontinue using the Platform. We strongly believe clear, sensible policies are a matter of trust between ourselves and our users. BoostCollab will notify our users of material changes—any changes which impact your rights—through the BoostCollab web app before the change goes into effect. If you have any questions regarding changes, please contact us at support@boostcollab.com. Continued use of the Platform after the changes go into affect constitutes consent to the change.



Creating a BoostCollab Account


In order to use the Platform you must create an account. You agree that you will use the name you are commonly known by within your Organization to create the account. If you are creating an account on behalf of an Organization that is a business, you agree that you are authorized to create a BoostCollab account on behalf of that business. BoostCollab recommends you treat all content shared through the Platform as public, and you agree not to share any content you are not otherwise authorized to share publicly. By creating an account on the Platform, you agree that you are at least 18 years of age. The Platform is not directed to children under 13, so if you are under 13 years of age, you are not permitted to access or use the Platform. If we become aware that you are using the Platform even though you are under 13, we will deactivate your account. Admin User AccountsThe user who initially creates an Organization is considered an Administrative User (“Admin”). Admins have the ability to create groups, add members, and view consolidated reports of user activity. Employers acting as Admins in professional settings should not rely on the BoostCollab Platform as a substitute for standard attendance, wage calculation, or official communication services. If an Admin abandons an active Organization, you agree that BoostCollab, at our discretion and upon verification, may reassign Admin permissions to another user. By maintaining Admin status within an Organization, you agree to abide by this Terms of Service regarding proper User Conduct and agree not to use the web app for unauthorized or unlawful purposes. BoostCollab is committed to preventing fraud, harassment, or abuse though the Platform, and violation of these Terms may result in account termination.



Non-Admin User Accounts


Users may be invited to join an Organization by any member of the Organization, based on Organization settings . Non-Admin users may share messages, images, audio, and video with other members of the Organization. You may access multiple organizations through one BoostCollab account.



Your Content


We don’t claim ownership over any content you share through the Platform—it’s just not part of our business model. However, we do need a limited license to make the Platform run as you expect it to. You retain ownership of the rights in the copyrighted content you contribute or post to the Platform. By contributing content via the Platform, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to reproduce, distribute, and display your user content in order to provide the Platform. You agree not to contribute or post content that (i) may create a risk of harm to any other person or company, (ii) may constitute a crime or tort, (iii) is unlawful, (iv) infringes the intellectual property rights of others, (v) is invasive of personal privacy or publicity rights, (vi) constitutes harassment or a threat to others, or (vii) contains information that you do not have a legal right to post under any contractual or fiduciary relationship, including information protected by trade secret laws or non-disclosure agreements. While we will do our best to create a tolerant and productive environment on the BoostCollab Platform, you agree that you may see content on the Platform that is offensive, inaccurate, or otherwise objectionable, and that you shall not hold BoostCollab in any way responsible for such content. You agree that Your Content may remain available on the Platform even if your employment ends with your current employer, you leave the Organization, or if you delete the App. However, you will be able to delete Your Content at anytime while you remain on the Platform.



BoostCollab’s Content


Please feel free to tell the world how much you love BoostCollab, but don’t steal our design or code. BoostCollab grants you a personal, non-sublicensable and non-exclusive license to use the Platform solely in connection with the Service. Any rights not expressly granted herein are reserved. Content we create is protected by copyright, trademark and trade secret laws. Some examples of our content are the text on the site, our logo, and our source code. We grant you a license to use our logo and other copyrights or trademarks to promote your adoption of BoostCollab as necessary. You may not otherwise use, reproduce, distribute, perform, publicly display or prepare derivative works of our content unless we give you permission in writing. Please contact support@boostcollab.com if you have any questions.



User Conduct


Don’t do anything on the web app you wouldn’t do at work. You are responsible for all the activity on your account. Inappropriate conduct may lead to account termination. Examples of inappropriate conduct include:

• Illegal Activities - Don’t break the law or encourage others to break the law. 
• Abuse - Don’t harass or bully others, or promote violence or hatred towards others.
• Tracking - Don’t use the Platform to track, monitor, or spy on other users or employees. 
• Personal Information - Don’t distribute others’ personal information or otherwise abuse it. 
• Fraud - Don’t post information that is false or otherwise misleading. 
• Impersonation - Don’t impersonate anyone. Don’t use another’s account, or allow others to use your account. 
• Intellectual Property - Don’t infringe on others’ intellectual property rights. 
• Spam - Don’t spam others or distribute unsolicited advertising material. 
• Reverse Engineering - Don’t take apart BoostCollab to figure out our secret sauce.





We take user privacy seriously. Please see our Privacy Policy for more information. You agree that BoostCollab may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any of Your Data violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of BoostCollab, its users and the public. PaymentTo upgrade your account to Pro (not available at launch), you will be required to select a payment plan and provide accurate information regarding your credit card. You agree to promptly update your account information with any changes in your payment information. You agree to pay BoostCollab in accordance with the terms set forth in your Invoice and this TOS, and you authorize BoostCollab or its third-party payment processors to bill you in advance on a periodic basis in accordance with such terms. You may cancel a Pro Subscription at any time with 7 days notice and we will cease invoicing you. If you dispute any charges you must let us know within 60 days after the date that we invoice you. All amounts paid are non-refundable and we reserve the right to change our prices in the future. If we increase our prices for your Service plan, we will provide notice of the change on the Site and in email to you at least 30 days before the change is to take effect. Your continued use of the Service after the price change goes into effect constitutes your agreement to pay the changed amount. BoostCollab may choose to bill you through an invoice, in which case, full payment for invoices issued must be received by the date specified in the invoice. Past due fees are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. You shall be responsible for all taxes associated with Services other than U.S. taxes based on BoostCollab’s net income.



Account Termination


You may delete your account at any time by contacting us at support@boostcollab.com, but in some cases, we’ll delete it for you. If an account is inactive for over six (6) months, it may be considered abandoned and all stored content, messages, and associations may be disassociated from your account or otherwise deleted. If BoostCollab determines a user has violated these Terms through the use of the Platform, BoostCollab may terminate the account at our own discretion.





If we get sued because of you, you’ll help pay for the legal defense. You will indemnify us from all losses and liabilities, including legal fees, that arise from these terms or relate to your use of the BoostCollab Platform. We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right then you will help us in our defense. Your obligation to indemnify under this clause also applies to our affiliates, officers, directors, employees, agents and third party service providers.



Warranty Disclaimer


Bugs happen. We work hard to fix them. It’s a never-ending cycle, and you accept that. The BoostCollab Platform is provided “as is” and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty is expressly disclaimed and excluded to the greatest extent permitted by law. The disclaimers of warranty under this clause also apply to our affiliates and third party service providers.



Limit of Liability


You can’t sue us for everything plus the kitchen sink. To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these terms, or your use or attempted use of the BoostCollab Service. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of the BoostCollab Platform. We are specifically not liable for loss associated with failure to provide accurate reporting of user activity and from losses caused by conflicting contractual agreements. For this clause “we” and “our” is defined to include our affiliates, officers, directors, employees, agents and third party service providers.



Dispute Resolution


If we have a disagreement, let’s talk about it first. If that doesn’t work, we both agree to go to arbitration instead of court. You agree that any dispute between you and BoostCollab arising out of or relating to these Terms of Service, the Privacy Policy or the Platform (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.



Governing Law


The Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles.



Informal Dispute Resolution


We want to address your concerns without needing a formal legal case. Before filing a claim against BoostCollab, you agree to try to resolve the Dispute informally by contacting support@boostcollab.com. We'll try to resolve the Dispute informally by contacting you through email. If a Dispute is not resolved within 15 days after submission, you or BoostCollab may bring a formal proceeding.



We Both Agree to Arbitrate


You and BoostCollab agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.



Opt-out of Agreement to Arbitrate


You can decline this agreement to arbitrate by contacting support@boostcollab.com within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.



Arbitration Procedures


The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, San Francisco, California, or any other location we agree to.



Arbitration Fees


The AAA rules will govern payment of all arbitration fees. BoostCollab will pay all arbitration fees for claims less than $15,000. BoostCollab will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.



Exceptions to Agreement to Arbitrate


Either you or BoostCollab may assert claims, if they qualify, in small claims court in San Francisco (CA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the BoostCollab products or Platform, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.



No Class Actions


You may only resolve Disputes with BoostCollab on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our agreement.



Judicial Forum for Disputes


In the event that the agreement to arbitrate is found not to apply to you or your claim, you and BoostCollab agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of San Francisco County, California. Both you and BoostCollab consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.



Limitations on Claims


Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the BoostCollab Platform must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.



Integration Clause


This is the entire agreement. These terms and any referenced policies are the entire agreement between you and us, and supersede all prior agreements. If any provision of these terms is held to be unenforceable, that provision is modified to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these terms, and all other provisions remain in force. If either party fails to enforce a right provided by these terms, it does not waive the ability to enforce any rights in the future.



Copyright Policy


Don’t share stuff through the web app that doesn’t belong to you. If you believe that any content on the BoostCollab Platform infringes your copyrights, please send written notice to: 

Copyright Agent Boost Dream, Inc.

This notice should include the following information:

• The electronic or physical signature of the copyright owner, or a person authorized to act on their behalf.
• A description of the copyrighted work that you claim has been infringed.
• A description of the exact location on the BoostCollab Platform of the content that you claim is infringing. This description must allow us to find and identify the content.
• Your name, address, telephone number and email address.
• A statement by you that: a) you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, the copyright owner, or the owner’s agent, b) all information contained in your copyright notice is accurate, and c) under penalty of perjury, you are either the copyright owner, or authorized to act on their behalf. If your content has been removed because of a DMCA notice, but you believe the content was not infringing on another’s copyrights, then you may send a written counter-notice to have the content restored. Your counter-notice should include the following information: 

• Your electronic or physical signature. 
• A description of the content that was removed and the exact location of the content on BoostCollab before it was removed. 
• A statement under penalty of perjury that you believe in good faith that the content was removed by mistake or misidentification. 
• A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which you are located, or if you are outside the U.S., the Northern District of California, and that you will accept service of process from the party that originally sent us the DMCA notice. In appropriate circumstances we may terminate the accounts of repeat infringers.





If you have any questions, please email support@boostcollab.com