Terms & Conditions
1. Agreement
These Terms & Conditions (“Terms”) are a binding agreement between you and Dan B. (“BOOM”, “we”, “us”), the operator of sendaboom.com and related services (the “Service”). By creating a Boom, opening a Boom link, committing to a Boom, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
2. What BOOM is
BOOM coordinates a moment. An organizer picks a person, an occasion and an exact time, then shares a link. Guests open the link, see the countdown in their own time zone, and commit to send a message when the moment arrives. Every message is sent by the guest, from the guest’s own device, using the guest’s own messaging app. BOOM does not send, deliver, schedule, store or read your messages, and we are not a telecommunications carrier or messaging provider.
3. Eligibility and accounts
- You must be at least 13 years old to use the Service, and 18 or older to create a Boom.
- Organizers sign in with a one-time email link. You are responsible for keeping access to that email account secure.
- Guests do not create accounts. Anyone with a Boom link can view that Boom and commit, so share links only with people you intend to invite.
- Organizer control-room links grant full control of a Boom. Keep them private; we cannot distinguish you from someone else holding your link.
4. Your responsibilities
- Consent for names. Only enter another person’s name, nickname or details if you have a good-faith basis to believe they would be happy to be surprised.
- Consent for contact. Only invite people who want to be invited, and only send messages to a recipient you are permitted to contact. If a recipient asks you to stop, stop.
- Your own messages. You are solely responsible for the content, timing and volume of anything you send from your device, and for complying with applicable messaging and anti-spam laws in your jurisdiction.
- Accuracy. Provide accurate information and keep your Boom details current.
5. Acceptable use
You agree not to use the Service to:
- harass, bully, threaten, stalk, dox, intimidate or coordinate a pile-on against anyone;
- send unlawful, hateful, sexually explicit, deceptive or fraudulent content;
- send commercial solicitations, bulk marketing, political campaigning or spam;
- impersonate another person or misrepresent your affiliation;
- collect or scrape guest information, or use a Boom roster for any purpose other than that Boom;
- probe, scan, brute-force, reverse engineer, overload, or circumvent any security or rate limit of the Service, or access another organizer’s control room;
- upload malware or use automation, bots or scripts to create or join Booms.
Anti-harassment. BOOM is built for celebration. Using a coordinated message moment to overwhelm, punish or frighten someone is a serious violation and grounds for immediate termination and, where appropriate, referral to law enforcement.
6. Content and license
You keep ownership of everything you type into a Boom. You grant us a limited, worldwide, royalty-free license to host, store, display and transmit that content solely to operate and improve the Service — for example rendering the invite page, the share card and the recap. You confirm you have the rights needed to grant this license.
Our name, wordmark, design, copy and code are owned by us and protected by intellectual property laws. These Terms do not grant you any right to use our branding except to share a Boom link as intended by the Service.
7. Moderation and termination
We may remove content, disable a Boom link, or suspend or terminate access at any time, with or without notice, if we reasonably believe these Terms have been violated or that the Service is being used to harm someone. You may stop using the Service at any time, and an organizer may delete a Boom from their control room. Sections that by their nature should survive termination (including Sections 6, 8, 9, 10, 11 and 12) survive.
8. Third-party services
The Service relies on your device, your carrier, your messaging apps, calendar apps and third-party infrastructure. Those are outside our control and governed by their own terms. We are not responsible for their availability, charges (including message or data fees) or behavior.
9. Availability, beta features and no guarantees of timing
The Service is provided on an “as is” and “as available” basis and may be modified, interrupted or discontinued. Parts of the Service may be labeled preview, demo or beta and may change or disappear. Countdowns, reminders and calendar files are conveniences only — we do not guarantee that a reminder will arrive, that a guest will show up, or that any message will be delivered at a particular time.
10. Disclaimer of warranties
To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, secure, error-free, or that any content will be preserved. Some jurisdictions do not allow certain disclaimers, so parts of this section may not apply to you.
11. Limitation of liability
To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost data, lost goodwill, missed moments, or the acts or omissions of other users. Our total aggregate liability for all claims relating to the Service will not exceed the greater of the amount you paid us in the twelve months before the claim or fifty U.S. dollars (USD $50). These limits apply even if a remedy fails of its essential purpose.
12. Indemnity
You agree to defend, indemnify and hold harmless BOOM and its operator from any claims, damages, liabilities, losses and expenses (including reasonable legal fees) arising from your use of the Service, your content, the messages you send, or your breach of these Terms or of any law or third-party right.
13. Governing law and disputes
These Terms are governed by the laws of the State of Illinois, United States, without regard to its conflict-of-laws rules. Before filing anything, you agree to contact us at help@sendaboom.com and give us 30 days to resolve the issue informally. If that fails, you and we agree to the exclusive jurisdiction of the state and federal courts located in Cook County, Illinois, and each side waives any objection to venue there. Claims must be brought individually, not as a class or representative action, to the extent permitted by law. Nothing here limits any non-waivable rights you have under the consumer law of your home country.
14. Changes to these Terms
We may update these Terms as the Service evolves. We will update the “Last updated” date and, for material changes, provide notice in the product or by email. Continuing to use the Service after the effective date means you accept the updated Terms.
15. General
These Terms, together with the Privacy Policy, are the entire agreement between you and us about the Service. If a provision is found unenforceable, the rest stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. There are no third-party beneficiaries.
16. Contact
Questions about these Terms: help@sendaboom.com.