Welcome to GoBoost, an app (the "App") owned and operated by Kinertia LLC (the “Company”).
The following Terms of Service (“Terms”) apply when you use the App.
Please review these Terms carefully. By downloading, accessing, or using the App, you agree to these Terms. If you don’t agree to these Terms, do not download, access, or use the App.
The App offers services including, but not limited to, websites, review monitoring/procuring, social media posts, and internet ads The services provided by the App are collectively called the "Service."
Since the Service requires call recording to provide you with potential client leads, you agree that it is your responsibility to notify anyone answering calls for your company that the calls may be recorded. By using the App and the Service, you give us the right to monitor calls to your company.
To use the Service, you may be charged a fee. Fees will be charged monthly or annually depending on your plan. Fees will be disclosed to you on the payment page.
If you are subscribed to the Ads plan, 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. Fees are currently collected via third-party billing service providers which have their own legal terms.
Fees may be subject to a processing fee in addition to our other charges.
To use the Service, 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 accurate and that you are authorized to use the payment method.
You agree that you will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date). If a valid payment method is not available, your ads (if applicable) and Services will be paused until a successful payment method is available.
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 agree that Company may cancel your account subscription if you fail to pay Company in a timely manner.
You can terminate your use of the Service or otherwise manage your account using the App. For certain plans, you may 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.
We reserve the right to change the Company’s fees at any time. If the Company does change its fees, the Company will provide you with notice of the change in the App, on the Company's website at goboost.com, 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 constitutes your agreement to pay the changed amount.
You will automatically be billed monthly or annually until you cancel your account. If you properly terminate your paid account, you will not be charged for future months. If you terminate, you may receive a pro-rated refund for any portion of a month in which you don't use the Service.
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 ad via the App or by contacting us at firstname.lastname@example.org. Funds uploaded specifically for advertising via the App that have not yet been spent may be refunded upon your request. However, in most cases it takes up to a week to finalize ad spend. Therefore, you may be refunded an amount that is less than what is displayed on your dashboard.
You must 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:
You represent and warrant that you will comply with all applicable laws, rules, and regulations in connection with your use of the App or Service, including but not limited to, the Telephone Consumer Protection Act, 47 U.S.C. § 227 and its implementing regulations ("TCPA"), the Telemarketing Sales Rule, 16 C.F.R. Part 310 ("TSR"), and the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM”).
You are solely responsible for complying with the TCPA, the TSR, and CAN-SPAM with respect to your use of the App or Service to contact your customers. You are responsible for obtaining prior express written consent(s) from any and all third parties (including your customers) to send and receive SMS text messages using the App or Service.
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, websites and landing pages, URLs, social media campaign posts, 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.
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 email@example.com.
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.
The Company does not guarantee that your use of the App or Service will produce any specific results.
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 wrong numbers or telemarketing calls.
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. 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 may use anonymized statistics about your use of the App or Service in our marketing materials. Any data we use for such purposes will only be in the aggregate.
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 (1) 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.
Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: Current rates for the Service are available by contacting us at firstname.lastname@example.org. 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.