Terms of Service

Last Updated Date - October 23, 2024

General Terms -- All Users

Welcome to BoomCut (the "Platform"), which is provided and controlled by AMPLE FORTUNE PTE. LTD. (the "Company", "we" or "us"). You are reading the Terms of Service (the "Terms"), which govern the relationship and serve as an agreement between you and the Company and set forth the terms and conditions by which you may access and use the Platform and our related websites, services, applications, products and content (collectively, the "Services"). Our Services are provided for private, non-commercial use. For purposes of these Terms, "you" and "your" means you as the user of the Services. The Terms form a legally binding agreement between you and the Company. Please take the time to read them carefully. By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service.

I. Your Agreement with the Company

Individual users. BoomCut IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13. If you are under the age of 13, you must have permission from your legal guardian before useBoomCut.
Non-individual users. If you are accessing or using the Services on behalf of a business or entity, then (a) "you" and "your" includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the business or entity to these Terms and that you agree to these Terms on behalf of the business or entity, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your business or entity, including any employees, agents or contractors.
Supplemental Terms. If you access or use the Services from a jurisdiction for which there are separate supplemental terms, you also hereby agree to the supplemental terms applicable to users in each jurisdiction as outlined in the relevant "Supplemental Terms -- Jurisdiction Specific" section below. In the event of a conflict between the provisions of the Supplemental Terms -- Jurisdiction Specific that is relevant to your jurisdiction from which you access or use the Services, and the rest of these Terms, the relevant jurisdiction's Supplemental Terms -- Jurisdiction Specific will supersede and control with respect to your use of the Services from that jurisdiction.
Changes to the Terms. We may amend these Terms from time to time, for instance when we update the functionality of our Services, when we combine apps or services operated by us or our affiliates into one single combined service or app, or when there are regulatory changes. We use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on the Platform, however, you should look at the Terms regularly to check for such changes. We will also update the "Last Updated" date at the top of these Terms, which reflects the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.

II. Use of the Services

License. Subject to the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to access and use the Services, including to download the Platform onto a permitted device, and to access the Company's Content (defined as below) solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. The Company reserves all rights not expressly granted herein in the Services and the Company's Content. You acknowledge and agree that the Company may terminate this license at any time for any reason or no reason.

NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICE.

Restrictions on Use. Your access to and use of the Services shall be subject to these Terms and all applicable laws and regulations. You may not:
- access or use the Services if you are not fully able and legally competent to agree to these Terms or are authorized to use the Services by your parent or legal guardian;
  - access or use the Services if you are not fully able and legally competent to agree to these Terms or are authorized to use the Services by your parent or legal guardian;
  - make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables, or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
  - incorporate the Services or any portion thereof into any other program or product;
  - distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;
  - market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;
  - interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
  - use automated scripts to collect information from or otherwise interact with the Services;
  - impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;
  - promote sexually explicit material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  - use the services to upload, transmit, distribute, store or otherwise make available in any way files that contain viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful;
  - hack into, or insert malicious code, including viruses, or harmful data, into, our services;
  - use the Services in a manner that violates or infringes on someone else's rights of publicity, privacy, copyright, trademark, or other intellectual property rights;
  - use the Services in a manner that is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable;
  - in any way promote or incite anyone to commit or assist in any unlawful or criminal activity or anti-social behavior, or encourage activities which could endanger the safety or wellbeing of others;
  - disclose anyone's personal information or invade their privacy;
  - engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
When you use our related functions involving face editing or synthesis, you should especially comply with: 1. not to synthesize illegal content; 2. not use composite content for illegal or infringing purposes; 3. not lie about composite content as natural content; 4. The materials used for synthesis (especially videos or photos and etc.containing human faces) should be legal and compliant. In principle, it is not allowed to use other people's faces for editing or synthesis. If you use other people's faces, please obtain the explicit consent of others; 5. Please carefully share the content you made that contains faces to protect the relevant facial information in the content. We will mark the content involving face synthesis (including the synthetic content you create), and you may not block, delete, destroy or ask us to remove the mark for you in any way. Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Services for any or no reason at any time without notice.
Use of Third Party Materials in the Services. Certain Services may display, include or make available content, data, information, applications or materials from third parties ("Third Party Materials") or provide links to certain third party websites. By using the Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. You use all links to third-party websites at your own risk. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.
Sharing Your Content and Information with Third Parties. We may provide tools through the Services that enable you to export information, including Your Content, to third-party websites, including through features that allow you to link your Account with a third-party website or account, or through our implementation of third-party buttons (such as "like" or "share" buttons). By using one of these tools, you agree that the Company may transfer that information to the applicable third-party website. The Company is not responsible for any third-party services' use of your exported information.

III. Payment

Fees. Certain Services, features or contents are only offered for payment (such as paid contents and VIP account). You agree to pay whatever fees and other charges are presented to you when you decide to purchase such paid services (collectively the "Fees"). Except as stated in those policies or stipulated in applicable laws, all Fees are non-refundable and non-cancellable.
Payment Methods and Processing. Payments may be processed via any other third-party payment methods which we make available (such as via PayPal and certain supported payment cards). You must provide accurate billing information, and promptly update any changes to it (such as card numbers and expiry dates). If you are paying via credit or debit card, you represent that you are the authorized user of the card, and you authorize us (and any third party payment processor) to collect payment from you, on a recurring basis (if applicable), and to take all other necessary billing actions. If payment is made via a third-party payment processor, you will also be subject to its terms and conditions (over which we have no control) -- so carefully read those terms.

Ⅳ. Intellectual Property Rights

The Services are protected under the laws of copyright, patent, trademarks and other intellectual property rights of the countries where Services are available. All copyrights in the Services are owned by us or our third-party licensors to the full extent permitted under all applicable laws. Consistent with the other terms in this document, you may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services without our written consent. We respect intellectual property rights and require you to do the same. As a condition of your access to and use of the Services, you agree not to infringe on any intellectual property rights while accessing or using the Services or use any content therein for any commercial or unauthorized purposes. We reserve the right, with or without notice, at any time and in our sole discretion to block access to the Services, including without limitation for any user who infringes or is alleged to infringe any intellectual property rights or proprietary rights.

Ⅴ. Content

The Company's Content As between you and the Company, all content, software, images, text, graphics, illustrations, logos, stickers, filters, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and "look and feel" of the Services, and all intellectual property rights related thereto (the "Company's Content"), are either owned or licensed by the Company. Use of the Company's Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. The Company's Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors' prior written consent. We and our licensors reserve all rights not expressly granted in and to their content. We make no representations, warranties or guarantees, whether express or implied, that any Company's Content is accurate, complete or up to date. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
User-Generated Content By using our Services, you provide us with information, media files, video projects and final videos that you submit to and create at the Platform (collectively your "User Content"). The Services utilize artificial intelligence tools and functionalities to process user inputs to the Services, such as text prompts, directions, images, videos, or other content (the "Input") and generate and return outputs based on such Inputs, which may include or take the form of images, videos, sound effects, or other content (the "Output"). To the fullest extent permitted by law, the Company reserves the right, but not the obligation, to review or monitor Inputs and Outputs using automated and manual tools. The Company does not claim ownership any of your Inputs to the Services ("Your Inputs") or any of the Outputs you create with the Services ("Your Outputs"). As between us and you, to the extent we acquire any rights in any of Your Outputs, we hereby assign to you all right, title and interest in and to Your Outputs. However, you acknowledge that due to the nature of generative artificial intelligence tools, Your Outputs may not be unique and users of the Services may create their own Output that is similar or the same as Your Output. You hereby waive and release the Company and any of its users from any claim that another user's Output is the same as, or reproduces, any of Your Output. You retain full ownership to your User Content. We don't claim any ownership to any of it. These Terms do not grant us any rights to your User Content or intellectual property except for the limited rights that are needed to provide the Services, as explained below. In order to provide the Services, we need your permission to host, share, distribute, display, and perform your User Content. This is called a license. By uploading User Content to the Services, you grant us this license solely as is necessary to provide the corresponding Services, including sharing your User Content with third-party platform, such as Facebook, Instagram. You are solely responsible for maintaining and protecting all of your User Content. We will not be liable for any loss or damage of your User Content, or for any costs or expenses associated with backing up or restoring any of your User Content.

Ⅵ. Indemnify

You agree to defend, indemnify, and hold harmless the Company, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, assigns, and advisors from and against any and all loss, claims, liabilities, damages, costs, and expenses, including, but not limited to, attorneys' fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.

Ⅶ. EXCLUSION OF WARRANTIES

NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER. THE SERVICES ARE PROVIDED "AS IS" AND WE MAKE NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:

YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR
DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS OR WARRANTIES AS TO SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, CONFORMANCE WITH DESCRIPTION, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF THE PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.

Ⅷ. DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATION

Disclaimers
Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, the Company, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the "the Company Entities") DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Company Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services, including with respect to the results or output obtained from the use of the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (c) the operation or compatibility with any other application or any particular system or device; and (d) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (e) the deletion of, or the failure to store or transmit, Your Content and other communications maintained by the Services. No advice or information, whether oral or written, obtained from the Company Entities or through the Services, will create any warranty or representation not expressly made herein.
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN SECTION 7.2 BELOW. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
THE COMPANY ENTITIES TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES.
THE COMPANY ENTITIES DO NOT REPRESENT OR WARRANT THAT YOU ARE THE LEGAL OWNER OF ANY OUTPUT, OR THAT ANY INPUT OR OUTPUT ARE PROTECTABLE BY ANY INTELLECTUAL PROPERTY RIGHTS, OR THAT ANY OUTPUT DOES NOT INCORPORATE, INFRINGE OR MISAPPROPRIATE THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. YOU ACKNOWLEDGE THAT THE SERVICE LEVERAGES THIRD-PARTY SERVICES AND THAT THE COMPANY IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE COMPANY LIABLE, FOR THIRD-PARTY SERVICES, AND THAT THE RISK OF INJURY FROM SUCH THIRD-PARTY SERVICES RESTS ENTIRELY WITH YOU. YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICE AND ANY OUTPUT RESULTING THEREFROM. YOU SHOULD EVALUATE THE FITNESS OF ANY OUTPUT AS APPROPRIATE FOR YOUR SPECIFIC USE CASE.
YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH THE COMPANY ENTITIES WILL BE RESPONSIBLE FOR.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THIRD PARTIES ON THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY ENTITIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE COMPANY ENTITIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
Limitations of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING INDIRECT SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES.
TO THE EXTENT NOT PROHIBITED BY LAW, THE COMPANY ENTITIES' TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE GREATER OF (I) THE TOTAL AMOUNT PAID TO MELLIS BY YOU IN THE PAST SIX (6) MONTHS FOR THE SERVICES GIVING RISE TO SUCH LIABILITY; (II) $100; OR (III) IF APPLICABLE, THE STATUTORY REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES.
THE FOREGOING LIMITATIONS IN THIS SECTION 7.2 WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY.
Indemnification. By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) incurred by the Company Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your misuse of the Services; (d) Your Content, or (e) your negligence or willful misconduct. If you are obligated to indemnify any Company Entity hereunder, then you agree that Company (or, at its discretion, the applicable Company Entity) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Company wishes to settle, and if so, on what terms, and you agree to fully cooperate with Company in the defense or settlement of such claim.

Ⅸ. Termination

Termination by us. We reserve the right to suspend and/or terminate our Services at any time, with or without cause, and with or without notice.
Termination by you. You may stop using the Services at any time via the functionality offered or by cancelling your Account. Termination will take effect immediately, so please confirm there's no unused property interests in your account. We are not responsible for any loss of your rights and interests caused by your voluntary termination of the Services. Termination of your account does not relieve you of any obligation to pay any outstanding fees.
Survival. Upon the expiration or termination of the Terms, some or all of the Services may cease to operate without prior notice. Your indemnification obligations, our warranty disclaimers and limitations of liabilities, and dispute resolution provisions stated in the Terms will survive.

Ⅹ. Miscellaneous

Applicable Law and Jurisdiction. These Terms of Use shall be construed in accordance with the laws of Singapore without regard to its conflict of laws rules. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English.
Open Source. The Platform contains certain open source software. Each item of open source software is subject to its own applicable license terms.
Entire Agreement. These Terms constitute the whole legal agreement between you and the Company and govern your use of the Services, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us.
No Waiver. Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.
Security. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our Services. You should use your own virus protection software.
Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
Assignment. You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.
Third Party Services. Our service includes and links to features and services (including but not limited to, social applications like YouTube, Facebook, Instagram and WhatsApp) that are provided by a third party. We do not control such third-party sites or services and are not responsible for the content or functionality of such sites or services. Our inclusion of links does not imply any endorsement or association with their operators. The terms applicable to the use of such third-party services will apply and we will not be responsible for anything that is done by you or the third party service provider in connection with your use of their service. Please note that we do not keep your private personal information like your account, ID, password and etc. on the third party apps/websites in our Services.
Privacy Policy. Your privacy is very important to BoomCut. Please refer to our Privacy Policy for information on how we collect, use and disclose personal information.
Contact. If you have any questions regarding these terms, please feel free to contact us: [email protected]

Supplemental Terms -- Jurisdiction Specific

THE UNITED STATES

If you are a user of our Services in the United States of America, the below Additional Terms: (a) are incorporated into these Terms; (b) apply to your use of our Services; and (c) override the head terms of these Terms to the extent of any inconsistency. If you are a user of the Services in the United States of America, the following terms expressly replace the above "Applicable Law and Jurisdiction" section of these Terms.

If you live in (or, if a business, your principal place of business is in) the United States, the laws of the state where you live govern all claims, regardless of conflict of law principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts of California, for all disputes arising out of or relating to these Terms that are heard in court (excluding arbitration).
EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.
In the event of a dispute, you and we agree to try for sixty (60) days to resolve it informally. If you and we are unable to come to an informal resolution within sixty (60) days, you and we agree to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act ("FAA") (with such arbitration to be conducted under the AAA's Commercial Arbitration Rules), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator's decision will be final except for a limited right of appeal under the FAA. You and we must file in arbitration any claim or dispute (except intellectual property disputes) within one year from when it first could be filed.
CLASS ACTION WAIVER. ANY CLAIM MUST BE BROUGHT IN THE RESPECTIVE PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE PLAINTIFF, OR SIMILAR PROCEEDING ("CLASS ACTION"). THE PARTIES EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN ANY CLASS ACTION IN ANY FORUM. IF THE CLAIM IS SUBJECT TO ARBITRATION, THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE SIMILAR CLAIMS OR CONDUCT ANY CLASS ACTION NOR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. ANY CLAIM THAT ALL OR PART OF THIS CLASS ACTION WAIVER IS UNENFORCEABLE, UNCONSCIONABLE, VOID, OR VOIDABLE MAY BE DETERMINED ONLY BY A COURT OF COMPETENT JURISDICTION AND NOT BY AN ARBITRATOR.
If any other provision of these provisions regarding arbitration is found to be illegal or unenforceable, that provision will be severed but the rest of these provisions regarding arbitration still apply.
If for any reason a claim proceeds in court rather than in arbitration, you and the Company each waive any right to a jury trial. California Resident. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210. If you are a California resident, then (except to the extent prohibited by applicable laws) you agree to waive California Civil Code Section 1542, and any similar provision in any other jurisdiction (if you are a resident of such other jurisdiction), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor".

EUROPEAN UNION

The following terms apply if you reside in the European Union: Dispute Resolution. Notwithstanding the "Applicable Law and Jurisdiction" section of these Terms, if you are a "consumer" as defined under the EU Direction 83/2011/EU, any dispute, controversy or claim (whether in contract, tort or otherwise) between us and you, arising out of, relating to, or in connection with these Terms will be referred to and finally resolved by the court of your place or residence or domicile. You can also file a complaint at the online platform for alternative dispute resolution (ODR platform). You can find the ODR-platform through the following link: https://ec.europa.eu/consumers/odr. Loss or damage. If any BoomCut services or features which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you reasonable compensation for such damage. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. We only supply the Services accessible via Platform for domestic and private use. If you use the Services for any commercial or business purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Nothing in the Terms affects any legal rights that you are entitled to as a consumer under European Union member state laws which cannot be contractually altered or waived. Accordingly, some of the exclusions and limitations in Sections Ⅶ and Ⅷ of the Terms will not apply to you if you are a consumer living in a European Union country.