Terms of Service
Last Updated: January 22, 2025
Welcome to GoBoom. These Terms of Service ("Terms") govern your access to and use of the GoBoom website, platform, and services (collectively, the "Services") operated by GoBoom, an 8 Figure Firm Company ("we," "our," or "us").
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Services.
1. Services Overview
GoBoom provides performance marketing services specializing in Meta Ads (Facebook and Instagram advertising) for service-based businesses. Our services may include, but are not limited to:
- Campaign strategy and management
- Audience development and targeting
- Creative strategy and guidance
- Conversion tracking and optimization
- Performance reporting and analytics
- Lead qualification systems
- Marketing automation workflows
The specific scope of services will be defined in a separate service agreement or statement of work between you and GoBoom.
2. Eligibility
To use our Services, you must:
- Be at least 18 years of age
- Have the legal capacity to enter into a binding agreement
- Represent a legitimate business entity (for service clients)
- Not be prohibited from using the Services under applicable law
By using our Services, you represent and warrant that you meet all eligibility requirements.
3. Account Registration
Certain features of our Services may require you to create an account or provide information to us. You agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your information
- Keep your login credentials secure and confidential
- Notify us immediately of any unauthorized access to your account
- Accept responsibility for all activities that occur under your account
4. Client Obligations
As a client of our marketing services, you agree to:
4.1 Access and Permissions
- Provide necessary access to your Meta Business Manager, advertising accounts, and other required platforms
- Grant appropriate permissions for campaign management and optimization
- Ensure all account access is properly authorized within your organization
4.2 Content and Materials
- Provide truthful, accurate, and non-misleading information for advertising content
- Ensure you have all necessary rights, licenses, and permissions for any content, images, or materials provided
- Comply with all applicable advertising laws and regulations
- Not request or approve content that is unlawful, fraudulent, or violates third-party rights
4.3 Platform Compliance
- Maintain compliance with Meta's advertising policies and community standards
- Not engage in activities that could result in account suspension or termination
- Promptly address any policy violations or compliance issues
4.4 Payment Obligations
- Pay all fees as specified in your service agreement
- Maintain valid payment methods on file
- Fund advertising accounts as required for campaign execution
5. Fees and Payment
5.1 Service Fees
Fees for our Services are specified in your individual service agreement. Unless otherwise stated:
- Service fees are charged on a monthly retainer basis
- Fees are due in advance of each service period
- Fees are non-refundable once the service period has begun
5.2 Advertising Spend
Advertising spend (budget allocated to Meta Ads) is separate from our service fees. You are responsible for:
- Funding your advertising accounts directly with Meta
- All costs associated with ad placement and delivery
- Any taxes or fees imposed by advertising platforms
5.3 Late Payment
Late payments may result in suspension of services, late fees, or termination of the service agreement. We reserve the right to pause campaign management if payment is not received by the due date.
6. Intellectual Property
6.1 Our Intellectual Property
All content, materials, methodologies, processes, and technology developed by GoBoom remain our exclusive property. This includes:
- Our website content, design, and branding
- Proprietary optimization strategies and frameworks
- Automation workflows and systems
- Reporting templates and analytics methodologies
- Training materials and documentation
6.2 Client Content
You retain ownership of all content, materials, and data you provide to us. By providing such content, you grant us a non-exclusive license to use it solely for the purpose of delivering our Services.
6.3 Campaign Assets
Ad creative, copy, and campaign structures developed during our engagement may be used by you upon termination of services, subject to any third-party licensing restrictions.
7. Confidentiality
Both parties agree to maintain the confidentiality of sensitive business information shared during the course of the engagement. This includes:
- Business strategies and proprietary processes
- Financial information and performance data
- Customer and lead information
- Campaign strategies and targeting details
Confidentiality obligations survive the termination of these Terms for a period of two (2) years.
8. Disclaimers
8.1 No Guaranteed Results
While we strive to deliver measurable improvements in your marketing performance, we cannot and do not guarantee specific results, including:
- A particular number of leads, sales, or conversions
- Specific cost per lead or return on ad spend
- Campaign approval or ad account standing
- Placement or reach of advertisements
Marketing results depend on numerous factors beyond our control, including market conditions, competition, product quality, and platform algorithm changes.
8.2 Third-Party Platforms
Our Services depend on third-party platforms, primarily Meta (Facebook/Instagram). We are not responsible for:
- Changes to platform policies, algorithms, or features
- Platform outages, technical issues, or service disruptions
- Account suspensions or restrictions imposed by Meta
- Changes in advertising costs or auction dynamics
8.3 "As Is" Provision
Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
9. Limitation of Liability
To the maximum extent permitted by law:
- GoBoom shall not be liable for any indirect, incidental, special, consequential, or punitive damages
- GoBoom shall not be liable for any loss of profits, revenue, data, or business opportunities
- Our total liability for any claims arising from these Terms or our Services shall not exceed the total fees paid by you to GoBoom in the twelve (12) months preceding the claim
These limitations apply regardless of the theory of liability and even if we have been advised of the possibility of such damages.
10. Indemnification
You agree to indemnify, defend, and hold harmless GoBoom and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
- Your use of our Services
- Your violation of these Terms
- Your violation of any law or third-party rights
- Content or materials you provide to us
- Your advertising content or business practices
11. Term and Termination
11.1 Term
These Terms remain in effect while you use our website or Services. Service engagements are governed by the term specified in your individual service agreement.
11.2 Termination for Convenience
Either party may terminate a service engagement by providing written notice as specified in the service agreement (typically 30 days).
11.3 Termination for Cause
We may terminate or suspend your access immediately if:
- You breach these Terms or your service agreement
- You fail to pay fees when due
- Your conduct harms our reputation or business
- We are required to do so by law
11.4 Effect of Termination
Upon termination:
- All rights granted to you under these Terms will cease
- You must pay all outstanding fees
- We will provide reasonable transition assistance as specified in your agreement
- Provisions that by their nature should survive will remain in effect
12. Dispute Resolution
12.1 Informal Resolution
Before initiating formal dispute resolution, the parties agree to attempt to resolve any dispute informally by contacting each other and negotiating in good faith.
12.2 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
12.3 Arbitration
Any dispute arising from these Terms that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware, and the decision of the arbitrator shall be final and binding.
12.4 Class Action Waiver
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
13. General Provisions
13.1 Entire Agreement
These Terms, together with any service agreement and our Privacy Policy, constitute the entire agreement between you and GoBoom regarding the subject matter hereof.
13.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
13.3 Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
13.4 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
13.5 Notices
Notices to you may be sent to the email address associated with your account. Notices to us should be sent to the contact information below.
14. Changes to These Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website with a new "Last Updated" date. Your continued use of our Services after such changes constitutes your acceptance of the updated Terms.
15. Contact Us
If you have any questions about these Terms, please contact us at:
GoBoom
An 8 Figure Firm Company
Email: legal@goboom.io