BoomPop Terms of Service

PLEASE READ THESE PLATFORM TERMS AND CONDITIONS (THESE “TERMS”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY BOOMPOP, INC. (“BOOMPOP,” “WE” OR “OUR”). BY MUTUALLY EXECUTING ONE OR MORE BOOMPOP ORDER FORMS, OR BY CLICKING “I AGREE” OR OTHER SIMILAR BUTTON ON A BOOMPOP LANDING PAGE, THAT REFERENCE THESE TERMS (EACH, AN “ORDER FORM”), YOU (“YOU” OR “CLIENT”) AGREE TO BE BOUND BY THESE TERMS (TOGETHER WITH ALL ORDER FORMS, THE “AGREEMENT”) TO THE EXCLUSION OF ALL OTHER TERMS (SUCH MUTUAL EXECUTION, “ACCEPTANCE”). FOR CLARITY, ANY ONLINE ORDER FORM THAT YOU SUBMIT VIA BOOMPOP’S STANDARD ONLINE PROCESS AND THAT IS ACCEPTED BY BOOMPOP SHALL BE DEEMED TO BE MUTUALLY EXECUTED. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO BIND SUCH ENTITY TO THE TERMS OF THIS AGREEMENT, AND ALL REFERENCES TO “CLIENT” HEREIN SHALL BE DEEMED TO BE A REFERENCE TO SUCH ENTITY.

BY ACCEPTING THESE TERMS, CLIENT AGREES THAT BY CREATING ANY EVENT VIA THE PLATFORM (AS THOSE TERMS ARE DEFINED BELOW), CLIENT SHALL HAVE BEEN DEEMED TO HAVE APPOINTED BOOMPOP (AND TO HAVE RATIFIED SUCH APPOINTMENT) AS CLIENT’S AGENCY OF RECORD FOR SUCH EVENT, WITH THE POWER TO ENTER INTO VENDOR AGREEMENTS (AS DEFINED BELOW) WITH RESPECT THERETO AND TO RECEIVE A COMMISSION FROM CERTAIN VENDORS AS AN IATA-CERTIFIED TRAVEL AGENCY.

1. Definitions

• “Client.” means the Company or Organization entering into this agreement.

• “User” means an individual using the Platform: organizer, guest, or general user.

• “Attendee” means any individual or person attending an event that is organized, either partially or entirely, on the BoomPop Platform.

• “Analytics” means statistics, metrics and other analyses that are based on or derived from the Service, and are developed in the aggregate with other data or results or in a manner that does not disclose Client’s identity or Client Data.

• “Event Spend” means the total program spend actively managed by BoomPop’s platform or Services teams.

• “Client Data” means all other information and data provided by Client, which may be stored, analyzed, processed and used by the Platform.

• “Event” means any event created by or on behalf of Client via the Platform.

• “IATA” means the International Association of Travel Agents.

• “Planning Services” means travel-agent or other services performed by BoomPop employees or contractors in connection with one or more Events pursuant to a [Single-Event Service Order Form] or [Full Service Order Form].

• “Platform” means the event platform used by BoomPop in providing the Service, currently hosted at boompop.com (including all related ideas, concepts, inventions, systems, hardware, software, interfaces, tools, utilities, content, templates, forms, techniques, methods, processes, algorithms, know-how, trade secrets and other technologies, implementations and information), and including all corrections, improvements and extensions thereto.

• “AI”means artificial intelligence models or algorithms used by BoomPop to process anonymized and aggregated event data to improve the Platform’s recommendation, planning, and booking capabilities.

• “Vendor” means any third-party vendor or service vendor presented to Client by BoomPop via the Platform in connection with any Event.

• “Service” means the product(s) or service(s) provided by BoomPop through the Platform, including the BoomPop product(s) and service(s) (including Planning Services) described in such Order Form.

• “Merchant of Record” means BoomPop, as the entity responsible for processing all payments from the Client for an Event. As Merchant of Record, BoomPop contracts directly with the Client, collects funds, and disburses payments to Vendors on behalf of the Client, handling associated tax, compliance, and financial operations

• “Agency of Record” means BoomPop, as the Client’s authorized agent for a given Event, with the right to engage, negotiate with, and contract Vendors on the Client’s behalf. This includes the right to collect commissions or fees from Vendors and to represent the Client in communications and transactions related to the Event.

2. Platform Terms

• Client Data. Client bears all responsibility and liability for the accuracy and completeness of the Client Data and BoomPop’s access, possession and use as permitted herein. BoomPop has no obligation to backup, retain or deliver any Client Data. Client hereby grants BoomPop a non-exclusive, royalty-free, worldwide right and license to access, copy, store, process, distribute, transmit and otherwise use the Client Data for the purposes of providing the Service (and support services) to Client. Without limiting the generality of the foregoing, Client represents and warrants that it (a) has properly obtained, and will not share any Client Data with BoomPop unless it has obtained, all necessary rights, consents and authorizations to share the Client Data with BoomPop and (b) will at all times comply with all applicable laws pertaining to the collection, use and disclosure of the Client Data. For clarity, BoomPop does not use Client Data that includes personally identifiable information (“PII”) to train its AI models.

• Data Security. BoomPop agrees that, during the term of this Agreement, it shall maintain an information-security program that complies with prevailing best practices and applicable law and includes appropriate administrative, technical, and physical safeguards reasonably designed to (a) ensure the security and confidentiality of Client Data; (b) protect against any anticipated threats or hazards to the security or integrity of such Client Data; (c) protect against unauthorized access to or use of such Client Data that could result in material harm or inconvenience to Client; and (d) dispose of such Client Data in a secure manner as described herein (which disposal, for the avoidance of doubt, shall consist of deleting the private key used to encrypt such Client Data). 

• Service Levels; Support. BoomPop warrants to Client that it will use commercially reasonable efforts to  provide Client with Platform availability and technical support for the Service in accordance with the following terms:

• Summary: As further described below, BoomPop will use commercially reasonable efforts to: (i) provide Client with 99.9% availability to the Service (the “Service Availability”); and (ii) provide standard support to Client.

• If the Service becomes substantially unavailable to Client due to defects with the Service, BoomPop will respond to Client as follows:

• BoomPop agrees to confirm receipt of Client’s notification of an Incident or Major Incident within eight (8) from Client’s notification to BoomPop of such Incident or Major Incident.

• BoomPop agrees to provide an initial response setting forth next steps to resolve the incident within twelve (12) hours of Client’s notification to BoomPop of such Incident or Major Incident.

• In the case of a Major Incident, BoomPop agrees to provide Client with status updates every twelve (12) hours until the Major Incident is resolved.

• In the case of a Request, BoomPop agrees to respond to Client (i) within twelve (12) hours from Client’s notification to BoomPop of such unavailability, if during normal business hours (Monday-Friday, 8:00am – 6:00pm Pacific), or (ii) within twelve (12) hours of the start of the next business day, if outside of normal business hours.  

• The Service Availability will be measured on a monthly basis, with all hours weighted equally, but the Service Availability measurement will exclude reasonable scheduled downtime for system maintenance as well as any downtime or performance issues resulting from third party connections, services or utilities or other reason beyond BoomPop’s control (including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving BoomPop employees), computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware, software or power systems not within BoomPop’s possession or reasonable control, and denial of service attacks). 

• Privacy. BoomPop’s current privacy policy is available at boompop.com/privacy-policy (the “Privacy Policy”). BoomPop will not intentionally disclose, distribute, transmit or use any Client Data except as set forth in the Privacy Policy or (a) as reasonably necessary for BoomPop (or its contractors) to provide the Service, (b) as authorized by Client or as otherwise expressly permitted under this Agreement or (c) as required by court order, law or regulation, or if BoomPop reasonably believes that such action is necessary to conform or comply with any legal, regulatory, law enforcement or similar requirement or investigation, to protect or defend the rights or property of BoomPop or any third party or to enforce this Agreement.

• Third-Party Integrations. Client acknowledges and agrees that (a) the Platform may operate on, with or using application programming interfaces or other services operated or provided by third parties (e.g., other Vendors of Client) (collectively, “Third-Party Integrations”), (b) the availability and operation of the Service or certain portions thereof may be dependent on BoomPop’s ability to access such Third-Party Integrations, and (c) Client’s failure to provide adequate access or any retraction of permissions relating to such Third-Party Integrations may result in a suspension or interruption of the Platform. Client hereby represents and warrants that it has all rights, licenses, permissions and consents necessary to connect, use and access any Third-Party Integrations that it integrates with the Platform. BoomPop cannot and does not guarantee that the Platform shall incorporate (or continue to incorporate) any particular Third-Party Integrations and does not make any representations or warranties with respect to Third-Party Integrations. Client is solely responsible for procuring any and all rights necessary for it to access Third-Party Integrations (including any Client Data or other information relating thereto) and for complying with any applicable terms or conditions thereof. Any exchange of data or other interaction between Client and a third-party Vendor is solely between Client and such third-party Vendor and is governed exclusively by such third party’s terms and conditions.

• Messaging. By providing a phone number via the Platform, Client consents to be contacted by BoomPop or by Vendors via text message, SMS, and/or MMS message in connection with an Event or for marketing, solicitation, informational or other purposes, even if such telephone number(s) is registered on the National Do Not Call List, a state Do Not Call List, or the internal Do Not Call List of BoomPop or any such Vendor. There is no additional charge for telephonic communications, but a User carrier’s standard message and data rates apply to any text messages, SMS, or MMS messages Client sends or receives. Client may opt out from any text, SMS, or MMS messaging by texting “STOP” to cancel or “HELP” for customer support information. Client understands that opting out of text, SMS, or MMS messaging may affect the ability to coordinate or participate in the Event.

• Changes. BoomPop reserves the right, at its sole discretion and at any time, to modify or discontinue the Platform or Service and/or to modify the terms and conditions of this Agreement (in whole or in part). BoomPop may communicate any such change via the Platform, the effective date posted in connection with this Agreement, electronic mail or other permitted notice. Following any such notice, continued use of the Service after the effective date of the change constitutes Client’s acceptance of that change.

• Custom Work Product. All customizations or work product created using the Platform remain property of BoomPop unless otherwise specified in a separate Order Form

• Commission Entitlement & Disintermediation. Client agrees that BoomPop is entitled to commissions, referral fees, or other compensation for any Vendor introduction, booking, or transaction facilitated by the Platform, regardless of where the final transaction occurs. Client shall not enter into any off-platform agreement with a Vendor introduced by BoomPop for twelve (12) months following introduction. If such a Disintermediated Transaction occurs, BoomPop may invoice the Client (or Vendor) for the full commission plus a reasonable administrative fee of up to 5% of the booking value. BoomPop may audit relevant records to enforce this policy, and Client agrees to cooperate. Client assumes full risk and liability for any off-platform Vendor engagement and waives any claim against BoomPop for issues arising therefrom. Repeat violations may result in account suspension or termination.

• Vendor Notification. BoomPop shall be authorized to notify Vendors, on behalf of the Client, of its role as Agency of Record and may provide Vendors with documentation evidencing this clause (including pre-generated Agency of Record notices).

• AI Usage and Disclosure. BoomPop uses AI to streamline the sourcing, booking, and planning of events by learning from past activity to improve future recommendations, pricing predictions, Vendor availability forecasts, and RFP responses. The AI adapts to both company-wide and individual preferences over time to deliver more personalized results. To protect privacy, no PII is ever used to train our models. All Event data is anonymized and aggregated, and inputs like headcount, purpose, date, location, and budget may be used to inform better outcomes for similar future events.

• Enterprise Clients and Conflicting Terms. Enterprise Clients may enter into a separate, mutually executed agreement with BoomPop that governs their use of the Platform and Services (an “Enterprise Agreement”). In the event of a conflict between this Agreement and the applicable Enterprise Agreement, the terms of the Enterprise Agreement shall control with respect to the Enterprise Client. Unless and until such Enterprise Agreement is executed, this Agreement governs all use of the Platform.

• License; Restrictions. BoomPop grants Client a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform to access the Service. Except for the limited license granted herein, no rights or licenses, express or implied, are granted to Client under any intellectual property rights of BoomPop. Client shall not (and shall not permit any third party to), directly or indirectly:

• reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Service (except to the extent such restriction is expressly prohibited by applicable law);

• modify, translate, create derivative works of, copy, rent, lease, distribute, assign, pledge, or otherwise transfer or encumber rights to the Service;

• remove, alter, or obscure any proprietary notices or labels on or related to the Service;

• use the Service to build or assist in building a competitive product or service;

• interfere with or disrupt the integrity or performance of the Service or any data contained therein;

• attempt to gain unauthorized access to the Service or its related systems or networks, including through password mining or any other means;

• bypass, breach, or otherwise circumvent any access or security restrictions implemented by BoomPop;

• use the Service in any manner that infringes or violates the intellectual property rights or other rights of any person or entity (including BoomPop);

• use the Service in violation of any applicable law, regulation, or for any purpose not reasonably intended by BoomPop;

• submit or distribute through the Service any content that is unlawful, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

• jeopardize the security of any BoomPop account (including allowing others to access the Service under Client credentials);

• run any automated processes (such as Maillist, Listserv, bots, or auto-responders), or place unreasonable load on the Service’s infrastructure;

• use manual or automated means to crawl, scrape, spider, or harvest data from the Service; or

• copy or store any significant portion of the content made available through the Service.

• Any violation of the foregoing restrictions constitutes a material breach of this Agreement and may result in immediate termination of Company’s access to the Service and give rise to legal action.

3. Planning Services Terms

• Full Agency. If Client selects Full Agency services, BoomPop will act as Client’s end-to-end event planning agency for one or more Events, providing dedicated professional support from concept to execution. This can include (but is not limited to) vendor sourcing, contracting, logistics coordination, budgeting, design and creative consulting, guest management, and on-site staffing where applicable. All Full Agency Clients are granted access to the BoomPop Platform, subject to the terms and conditions of this Agreement, including use of proprietary planning tools, templates, and communication workflows. Unless otherwise stated in an Order Form or Statement of Work, Full Agency services are priced on a flat or percentage-based model and include a dedicated planning team assigned to Client. BoomPop will make commercially reasonable efforts to deliver the scope of services as outlined in the applicable Order Form; however, specific timelines, deliverables, and staffing levels may vary depending on Event complexity and Client responsiveness.

• Agency-Lite.Venue Sourcing: We streamline finding and booking the ideal venue for the client. Our service includes up to 10 options. We utilize our network to secure the best rates, confirm property availability, and assist with executing the group booking contract. If Client exceeds the 10 options we may provide, BoomPop may invoice for additional sourcing. Meeting and Workspace Planning: We secure onsite spaces for meetings and work. This includes managing the inclusion of any required on-site meeting and workspace in the property contract. Once the group booking contract is fully executed, BoomPop will introduce you to the on-site point of contact at the property to ensure a seamless transition and continuation of service. Platform: Access to full BoomPop Platform.

• Platform-Only Services. For Clients using the BoomPop Platform without full event planning support, a Platform Service Fee will apply to all transactions consummated through the Platform. This fee covers the use of BoomPop’s software, vendor contracting infrastructure, payment routing, and administrative support. It does not include any third-party credit card processing fees, which are charged in addition as a separate line item. The Platform Service Fee is applied automatically at the time of transaction and is non-refundable once services are confirmed.

• Exclusions from Scope. BoomPop’s Planning Services are limited to those expressly outlined in a written agreement. They do not include creative or artistic deliverables such as event décor, graphic design, or custom fabrication. If needed, these services may be coordinated separately by BoomPop or a third-party provider for an additional fee. BoomPop also does not provide medical or health-related support, translation services, currency exchange, or recommendations for uncontracted services. Any service not explicitly agreed upon in writing is outside the scope of BoomPop’s obligations.

• Cooperation. Client acknowledges and agrees that the Planning Services can be performed in cooperation with Client personnel and that, in some cases, time shall be of the essence with respect to such cooperation. Client will furnish to Company such (a) descriptions, specifications, and other information (collectively, “Client Information”), (b) cooperation, technical assistance, resources and support, and (c) access to Client’s equipment, systems and networks, in each case, as reasonably necessary or appropriate to enable Company to perform the Planning Services. Client hereby grants Company a nonexclusive and royalty-free right and license to use the Client Information for the purpose of performing the Planning Services. Client agrees that in performing the Planning Services, Company (i) will use and rely primarily on the Client Information and (ii) does not assume any responsibility for the accuracy or completeness of any Client Information, and will not undertake to verify its accuracy or completeness.

• Client Expectations. Clients are expected to provide accurate, timely information and maintain responsive communication throughout the planning process to ensure event success. This includes meeting deadlines for approvals, guest lists, payments, and other key inputs as requested by BoomPop. Clients are also responsible for reviewing and understanding Vendor terms, adhering to agreed-upon timelines, and notifying BoomPop promptly of any material changes. Delays or incomplete information may impact event quality, availability, or cost, and BoomPop will make best efforts—but cannot guarantee—to accommodate late changes.

• Planning Services Warranty. BoomPop will use commercially reasonable efforts to perform Planning Services in a professional manner consistent with industry standards. This warranty does not guarantee any specific event outcome or result, and is subject to the limitations set forth in Section 10.

• Warranty Remedy. Any warranty claim must be submitted in writing within thirty (30) days following completion of the allegedly non-conforming Planning Services. BoomPop’s sole obligation—and Client’s exclusive remedy—shall be, at BoomPop’s election, either (a) to re-perform the non-conforming Planning Services or (b) to terminate the affected portion of the Agreement and issue a pro-rated refund of any pre-paid BoomPop Fees not yet earned. For clarity, this remedy does not apply to Vendor payments, which are governed by Vendor policies.

• Emergencies. In the event of an emergency, medical or otherwise, BoomPop’s sole obligation under this contract is to notify the point of contact at the event and, if necessary and applicable, utilize hotel staff to wake up their point of contact. BoomPop staff may, in their discretion, notify hotel staff or emergency personnel. Any additional step taken by BoomPop in the event of an emergency shall neither incur a contractual obligation of BoomPop nor incur any additional liability.

• Deadlines for Information and Payment. The Client understands that deadlines to provide information—including, but not limited to, guest lists, rooming arrangements, and special needs that require accommodation—will be determined as the event planning progresses and provided to the Client via email; Client understands that in some situations, those deadlines may be very short. Failure to meet those deadlines may result in an experience and final product that is different than originally agreed to under a Statement of Work or Order Form, but in such an event BoomPop will use its best efforts to provide an experience and final product as close as possible to that anticipated by a Statement of Work or Order Form. 

  • Client understands that deadlines to provide payment will vary based on the events planned. Deadlines for payments will be provided via email throughout the planning process. Failure to meet a deadline for payment may result in an experience and final product that is different than originally agreed to under a Statement of Work or Order Form, but in such an event BoomPop will use its best efforts to provide an experience and final product as close as possible to that anticipated by a Statement of Work or Order Form.

  • Client understands that failure to meet deadlines may result in paying for services not received. If no information is received about the number of people for a specific portion of the Scope of Work, BoomPop may default to and charge for that portion of the Scope of Work based on the Expected Number of Attendees. By way of example, if Client misses a deadline for a final count for a food Vendor, BoomPop may arrange for dinner for the Expected Number of Attendees, and if the actual number of attendees is subsequently lower than that amount, Client may have paid for dinners that will not be served to any attendee.

• Firearms Prohibited. Clients and attendees are prohibited from bringing firearms to any event planned by BoomPop. If an attendee has a firearm, BoomPop may cease onsite participation in the event in the presence of an unauthorized firearm; all planning services previously rendered shall remain nonrefundable. This excludes any event where the Vendor provides the firearms, such as a firing range or shooting sports activities; if an attendee plans to bring their firearm to such an event, they must request permission from BoomPop in advance, and provide a detailed description of the manner in which the firearm will be rendered safe. BoomPop does not have to consent to any attendee bringing their own firearm.

• Force Majeure. Client and BoomPop understand that certain events beyond a party’s reasonable control including (a) acts of god, (b) flood, fire, earthquakes, or epidemics, (c) war invasion, hostilities (whether declared or not), terrorist threats or acts, riots or other civil unrest, (d) government order, law, or actions (e) strikes, labor stoppages or slowdowns, or other industrial disturbances, (f) telecommunication breakdowns, power outages or shortages, (g) announcement of a large, previously unknown event or occurrence, such as a sporting event, concert, political rally, or other large event, whether spontaneous or planned, in the area near the Event Location and (h) other events beyond the reasonable control of the parties (“Force Majeure Events”) may affect participation at the Event. If Company wishes to reschedule or cancel an Event due to a Force Majeure Event, BoomPop will use its best efforts to coordinate with relevant third-party Vendors to help Company receive a total or partial refund where available. Client understand and agree that there can be no guarantees of any kind whatsoever in the event of a Force Majeure Event affecting a Statement of Work or Order Form.

• Modifications. Modifications of the scope of work may only be made in writing, which may include confirmations of modifications via e-mail or text message. Client acknowledges that the closer it is to the Event Start Date, the harder, and potentially more expensive, it will be to make modifications.

• On-Site Modifications. All changes made from one week prior to the Event Start Date through the Event End Date are considered on-site modifications. Client shall designate authorized personnel who may request on-site modifications. Such requests may be made orally but must be confirmed via text or email, or documented by BoomPop on a change request log. BoomPop is authorized to act on reasonable requests from designated personnel, including by relying on perceived seniority or authority (e.g., if the CEO requests a champagne toast addition, BoomPop may fulfill the request and invoice accordingly). On-site modifications may not include a final cost; any quoted amount will be treated as a good-faith estimate unless explicitly labeled otherwise (e.g., “shall not exceed”). BoomPop is not required to perform modifications but will use reasonable judgment and make best efforts to accommodate changes where feasible.

• All changes made from one week prior to the Event Start Date through the Event End Date are considered on-site modifications.

• Non-Solicitation. Client agrees that during the term of any applicable Statement of Work and for a period of twelve (12) months following the conclusion of the Event, it shall not, directly or indirectly, solicit for employment or engagement, or hire or contract with, any employee, contractor, or agent of BoomPop who was involved in the planning, coordination, or execution of the Event without BoomPop’s prior written consent. This restriction does not apply to individuals who independently apply to publicly posted roles without prior solicitation. In the event of a breach of this clause, Client agrees to pay BoomPop a fee equal to two (2) times the total annual compensation burden of the individual at the time of departure, including but not limited to salary, bonuses, commissions, equity, benefits, and employer-paid taxes and healthcare contributions, as a reasonable estimate of BoomPop’s costs to replace, train, and backfill such personnel.

4. Third-party relationships.

• Vendor Services. When a Vendor is selected through the BoomPop Platform, Client acknowledges that the Vendor’s own terms and conditions (“Vendor Agreement”) may apply in addition to this Agreement and are deemed accepted by the Client upon booking via embedded workflows (e.g., checkboxes, electronic signatures, or other click-to-consent mechanisms). BoomPop facilitates this process as Merchant and Agency of Record—collecting payment from Client and remitting funds to Vendors—but Vendors remain solely responsible for the delivery, quality, legality, and compliance of their services. Vendors are independent contractors and not employees or agents of BoomPop; as such, BoomPop does not control or guarantee Vendor performance and disclaims any liability arising from Vendor Services. Clients are responsible for reviewing and adhering to Vendor-specific terms, including cancellation, refund, and usage policies, which are deemed incorporated by reference upon confirmation of each booking. 

• Agency Appointment. By using the BoomPop platform, including by creating an Event, shortlisting, submitting a request for proposal (RFP), or communicating with any Vendor via the Platform, Client hereby irrevocably appoints BoomPop as its exclusive Agency of Record for such Event. This appointment authorizes BoomPop to act on Client’s behalf to source, negotiate, and contract with Vendors, and to receive commissions or service fees related to Vendor bookings in connection with the Event. BoomPop may execute Vendor Agreements on Client’s behalf and/or instruct Vendors regarding payment, deliverables, and coordination details for such Event.

5. Payments

• Fees. Client agrees to pay BoomPop all fees in the amounts and at the times specified in the applicable Order Form and Statement of Work, and as otherwise provided in this Agreement. Unless otherwise specified in the Order Form, all fees are payable in advance. If Client exceeds any user or usage limitations specified in the applicable Order Form, then BoomPop shall invoice Client, and Client shall pay, for such additional users or usage at the overage rates set forth on the Order Form (or if no overage rates are set forth therein, at BoomPop’s then-current standard overage rates for such usage). For the avoidance of doubt, Client’s failure to timely pay all fees due under this Agreement will be considered a material breach of this Agreement, and without limiting any of BoomPop’s rights and remedies hereunder, BoomPop may terminate this Agreement or suspend Client’s access to the Service until such fees are paid.

• Vendor Payments. Client acknowledges and agrees that all payments under any Vendor Agreement will be processed through BoomPop. BoomPop shall charge Client a processing fee, as set forth in the applicable Order Form, for all Vendor payments processed by BoomPop on behalf of Client. Client acknowledges and agrees that BoomPop will not issue any deposits or payments to any Vendor unless and until an applicable payment or deposit is received by BoomPop from Client. BoomPop agrees to send all funds, minus BoomPop’s processing fee, directly to Vendors upon payment due. For avoidance of doubt, BoomPop’s role as Merchant of Record does not relieve Vendors from delivering services in accordance with their respective Vendor Agreements, nor does it make BoomPop liable for performance or outcomes of such Vendor Services.

• Client Compliance with Internal Policies. Client is solely responsible for ensuring that its use of the BoomPop Platform and Services complies with its own internal travel, procurement, and expense policies. BoomPop is not responsible for reviewing, enforcing, or advising on any such internal policies, nor shall any failure by Client to adhere to its policies affect Client’s obligations under this Agreement, including payment obligations.

• Payment Terms. Unless specified otherwise in the applicable Order Form, all amounts due hereunder shall be paid in full (without deduction, set-off or counterclaim) within seven (7) days after invoice in US dollars at BoomPop’s address or to an account specified by BoomPop. Past due amounts shall bear a late payment charge, until paid, at the rate of one and a half percent (1.5%) per month or the maximum amount permitted by law, whichever is less. Client agrees to reimburse BoomPop for all costs (including attorneys’ fees) incurred by BoomPop in collecting late payments.

• Payment Method. BoomPop uses a third-party payment processor (“Payment Processor”), currently Stripe, Inc., to process payments through a linked billing account (“Billing Account”). Use of the Services constitutes Client’s agreement to pay all applicable charges via the selected payment method (“Payment Method”), and authorizes BoomPop, through the Payment Processor, to charge such amounts in accordance with the applicable payment schedule. Payment processing is subject to the terms and privacy policies of the Payment Processor, including Stripe’s Terms of Service and Privacy Policy. BoomPop is not responsible for any errors or service issues caused by the Payment Processor but reserves the right to correct any processing errors, including after payment has been received. Client remains responsible for any unpaid amounts and agrees to make full payment upon demand if a payment attempt fails.

• Payment Terms of Service. All financial transactions on the BoomPop Platform—including deposits, planning fees, vendor disbursements, reconciliations, and post-event adjustments—are governed by BoomPop’s Payment Terms of Service (“Payment Terms”), which are incorporated herein by reference. The Payment Terms set forth the applicable fee structures, payment timelines, reconciliation processes, and credit card hold policies. In the event of a conflict between these Terms of Service and the Payment Terms, the Payment Terms will govern all payment-related obligations.

• Taxes. All fees under this Agreement are exclusive of any federal, state, local, or foreign taxes, including but not limited to sales, use, VAT, GST, duties, tariffs, and withholding taxes. Client is solely responsible for all such taxes and agrees to gross-up payments if any applicable withholding is required, ensuring BoomPop receives the full invoiced amount. BoomPop may collect and remit taxes where required by law, based on information provided by Client. For international payments, BoomPop shall not be responsible for tax filings or compliance obligations imposed on Clients or Vendors in foreign jurisdictions. BoomPop reserves the right to adjust or update its tax handling procedures as required by applicable law.

6. Confidentiality

• Scope. The term “Confidential Information” means all trade secrets, know-how, inventions, developments, software and other financial, business or technical information disclosed by or for a party in relation to this Agreement, but not including any information the receiving party can demonstrate is (a) already known by it without restriction, (b) rightfully furnished to it without restriction by a third party not in breach of any obligation to the disclosing party, (c) generally available to the public without breach of this Agreement or (d) independently developed by it without reliance on such information. The Platform, Analytics and pricing information are BoomPop’s Confidential Information.

• Confidentiality. Except for the specific rights granted by this Agreement, the receiving party shall not access, use or disclose any of the disclosing party’s Confidential Information without its written consent, and shall use reasonable care to protect the other’s Confidential Information, including ensuring that its employees and contractors with access (a) have a need to know for the purposes of this Agreement and (b) have been apprised of and agree to the restrictions in this Agreement. Each party shall be responsible for any breach of confidentiality by its employees and contractors. Promptly after any termination of this Agreement (or at the disclosing party’s request at any other time), the receiving party shall return all of the other’s tangible Confidential Information, permanently erase all Confidential Information from any storage media and destroy all information, records and materials developed therefrom. Each party may disclose only the general nature, but not the specific terms, of this Agreement without the prior consent of the other party; provided, either party may provide a copy of this Agreement or otherwise disclose its terms in connection with any legal or regulatory requirement, financing transaction or due diligence inquiry.

• Compelled Disclosure. Nothing herein shall prevent a receiving party from disclosing any Confidential Information as necessary pursuant to any court order, lawful requirement of a governmental agency or when disclosure is required by operation of law (including disclosures pursuant to any applicable securities laws and regulations); provided, prior to any such disclosure, the receiving party shall use reasonable efforts to (a) promptly notify the disclosing party in writing of such requirement to disclose and (b) cooperate with the disclosing party in protecting against or minimizing any such disclosure or obtaining a protective order.

7. Proprietary Rights

• Client. Except for the limited rights and licenses expressly granted hereunder, no other license is granted, no other use is permitted and Client (and its licensors) shall retain all rights, title and interests (including all intellectual property and proprietary rights) in and to the Client Data.

• Rights to Client Data. Client hereby grants BoomPop a non-exclusive, royalty-free, worldwide, transferable (solely in connection with an assignment pursuant to Section 12.6), sublicensable right and license to access, copy, store, process and otherwise use (but not, for the avoidance of doubt, disclose or transfer to any third party) Client Data in connection with (a) developing, improving, extending and testing the Platform, Service, and other BoomPop products and services and (b) designing, developing and producing Analytics. Client agrees that BoomPop is free to use and disclose the Analytics and aggregate measures of Service or Platform usage and performance, and to reuse all general knowledge, experience, know-how, works and technologies (including ideas, concepts, processes and techniques) acquired during provision of the Service under this Agreement (including without limitation, that which it could have acquired performing the same or similar service for another customer).

• BoomPop. Except for the limited rights and licenses to access and use the Platform and Services expressly granted hereunder, no other license is granted, no other use is permitted and BoomPop (and its licensors) shall retain all rights, title and interests (including all intellectual property and proprietary rights) in and to the Platform, Services and Analytics.

• Restrictions. Client shall not, directly or indirectly (a) use any BoomPop Confidential Information to create any software, platform, service or documentation that is similar to the Platform or Service, (b) attempt to access any Platform or Service component or to disassemble, decompile, reverse engineer or otherwise discover any source code or underlying organization, structures, ideas or algorithms of the Platform or Service, (c) encumber, sublicense, distribute, transfer, rent, lease, lend, access or use the Platform or Service in any time-share or service bureau arrangement, (d) copy, adapt, combine, create derivative works of, translate, localize, port or otherwise modify the Platform or Service, (e) use the Platform or Service for any benchmarking purpose, (f) use or allow the transmission, transfer, export, re-export or other transfer of any product, technology or information it obtains or learns pursuant to this Agreement (or any direct product thereof) in violation of any export control or other laws and regulations of the United States or any other relevant jurisdiction or (g) permit any third party to do any of the foregoing.

8. Disclaimers

EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THE SERVICE (INCLUDING ALL PLANNING SERVICES) AND PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. BOOMPOP DOES NOT WARRANT THAT THE SERVICE, PROFESSIONAL SERVICES, PLATFORM OR ANYTHING ELSE PROVIDED BY BOOMPOP UNDER THIS AGREEMENT WILL MEET CLIENT’S REQUIREMENTS OR RESULT IN ANY OUTCOME, OR THAT OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED BY LAW, BOOMPOP HEREBY DISCLAIMS (FOR ITSELF AND ITS LICENSORS) ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICE, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, INTEGRATION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

9. Indemnification & Insurance.

• Event Insurance. Client hereby acknowledges and agrees that it is solely responsible for obtaining and maintaining any insurance as shall adequately protect it against its potential liabilities under this Agreement or otherwise in connection with or related to any Event. For the avoidance of doubt, BoomPop does not provide insurance on behalf of Client in connection with or related to the Service or any Event.

• Client. Client agrees to defend BoomPop against any demand, suit, action or other claim by a third party that is related to any (a) Client Data, (b) Event, or (c) breach of Client’s representations or warranties hereunder, and to indemnify BoomPop for settlement amounts or damages, liabilities, costs and expenses (including reasonable attorneys’ fees) awarded and arising out of any such claim.

• BoomPop. BoomPop agrees to defend Client against any demand, suit, action or other claim by a third party that the Service infringes a valid US patent, or any copyright or trade secret, of such third party, and to indemnify Client for settlement amounts or damages, liabilities, costs and expenses (including reasonable attorneys’ fees) awarded and arising out of any such claim. The foregoing states the entire liability of BoomPop, and Client’s exclusive remedy, with respect to any actual or alleged violation of intellectual property rights by the Service, any part thereof or its use or operation. Notwithstanding the foregoing, BoomPop shall have no liability or obligation to Client hereunder with respect to any claim based upon (a) any use of the Services not strictly in accordance with this Agreement, (b) use of any Services in an application or environment or on a platform or with devices for which it was not designed or contemplated, (c) alterations, combinations or enhancements of the Services not approved by BoomPop, (d) Client’s continuing allegedly infringing activity after being notified thereof or its continuing use of any version of the Services after being provided modifications that would have avoided the alleged infringement or (e) any intellectual property right in which Client or any of its affiliates has an interest.

• Conditions. The indemnifying party’s obligations hereunder are conditioned on (a) the other Party’s providing prompt written notice of any claim for which indemnification may be sought and reasonable cooperation, information, and assistance in connection therewith and (b) the indemnifying party having sole control and authority to defend, settle or compromise such claim. The indemnified party may participate in the defense at its sole cost and expense. The indemnifying party will not enter into any settlement that adversely affects the indemnified party’s rights or interest without its prior written approval, not to be unreasonably withheld. The indemnifying party shall not be responsible for any settlement it does not approve in writing.

10. Limitation of Liability. 

EXCEPT IN THE CASE OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE BY APPLICABLE LAW, IN NO EVENT SHALL BOOMPOP (OR ITS LICENSORS) BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) LOSS OF DATA, LOSS OR INTERRUPTION OF USE, OR COST TO PROCURE SUBSTITUTE TECHNOLOGIES, GOODS OR SERVICES, (B) ANY MATTER BEYOND ITS REASONABLE CONTROL INCLUDING ERRORS ON CLIENT SYSTEMS, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL OR (D) AGGREGATE DAMAGES IN EXCESS OF THE AMOUNT PAID TO BOOMPOP FOR THE SERVICE DURING THE PRIOR TWELVE (12) MONTHS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.

11. Term and Termination.

• Term. This Agreement begins upon Acceptance and remains in effect for as long as Client uses the BoomPop Platform or Services, unless superseded by a mutually executed Enterprise Agreement. Clients may stop using the Platform at any time, but this does not constitute termination of the Agreement. If desired, Client may request account deactivation and data deletion in accordance with BoomPop’s Privacy Policy. BoomPop may suspend or terminate access to the Platform or Services at its sole discretion, including for any material breach (such as non-payment) or to protect the integrity of the Platform or its users.

• Termination of Services. Termination of any Planning Services, including Full Agency or Agency-Light, is governed solely by the applicable Statement of Work or Order Form. Cancelling Planning Services does not terminate this Agreement or relieve Client of obligations for accrued fees, Vendor payments, or in-progress Events. Upon suspension or termination of access, all rights and licenses will cease. However, provisions that naturally survive—such as those related to payments, confidentiality, IP, liability, dispute resolution, and general terms—will remain in full force.

• Service Cancellation. Upon execution of a Statement of Work, BoomPop allocates dedicated planning resources, and therefore all BoomPop Fees are deemed earned and nonrefundable once paid. If Client elects to cancel the event, vendor-related fees paid through BoomPop may be refundable solely at the discretion of the applicable vendor and pursuant to their specific terms. Any payments made to BoomPop will first be applied toward BoomPop Fees, with any remaining balance allocated to vendor payments.

• Effects of Termination. Upon expiration or termination of this Agreement for any reason, all licenses, rights, and access to the Platform and Planning Services will immediately cease. Client remains responsible for all accrued but unpaid fees, including any BoomPop Fees and Vendor costs incurred up to the termination date. Sections that by their nature should survive—including those related to payments (Section 5), confidentiality (Section 6), proprietary rights (Section 7), disclaimers (Section 8), indemnities (Section 9), limitations of liability (Section 10), and general provisions (Section 13)—shall remain in full force. Termination does not relieve Client of obligations for any Events already planned, booked, or executed in whole or in part, and BoomPop is entitled to all applicable fees and commissions earned prior to termination.

12. Vendor Agreement

• Platform Access & Fees: Listing Vendor business on the Platform is free. We operate on a pay-for-performance model: you only pay fees when a booking is completed. Commission rates and payment terms are detailed in a separate supplier agreement or shared by Vendor Partner Manager.

• Custom Terms & Contracts: Vendor may define specific cancellation, payment, and deposit policies, and use Vendor event contracts. These must be clearly disclosed on Vendor listing or shared with the Client. Vendor custom terms govern the Client relationship unless they conflict with Platform policies.

• Deposits & Payment Terms: Deposits and final payments are disbursed according to the terms you set with the Client. You may define deposit structures (e.g., % upfront) on Vendor  listing. Payments are routed through the Platform per the agreed schedule. 

• Payment Processing & Compliance: Clients pay BoomPop; we disburse funds to Vendors via secure processors (e.g., Stripe). The Platform is PCI-DSS and SOC 2 compliant. Suppliers must maintain accurate banking and tax information (e.g., W-9, W-8BEN-E).

• Vendor Taxes. Vendors are solely responsible for all taxes arising from amounts paid to them via the Platform, including any income, sales, VAT, GST, or withholding taxes imposed by local or foreign jurisdictions. Vendors must provide accurate and up-to-date tax documentation (e.g., W-9, W-8BEN-E, VAT registration) upon request and acknowledge that BoomPop may be required to withhold taxes in accordance with applicable law. BoomPop does not provide tax advice and is not responsible for a Vendor’s tax filings, liabilities, or compliance obligations in any jurisdiction.

• Vendor Cancellations & Refunds: Client cancellations follow Vendor posted policy. If a refund is required, Vendor is responsible for issuing it. No commissions are charged on fully canceled and refunded events. BoomPop will help facilitate the refund process. BoomPop does not act as a fiduciary or guarantor of Vendor commissions and is not liable for Vendor loss of expected revenue due to Client behavior or cancellation.

• Client Sourcing & Offline Bookings: No commission is owed for Clients that Vendor sources independently. However, if a Client first contacts Vendor via the Platform (e.g., RFP, inquiry), the event must be booked on-platform and is subject to commission. Circumvention may result in removal from the Platform.

• Disintermediation Policy: If a Client is introduced to a Vendor’s business through the Platform (e.g., via search, RFP, messaging, or booking initiation) and attempts to book with Vendor outside of the Platform, Vendor is obligated to report such action and  still responsible for paying the applicable commission as if the booking occurred on-platform. Bypassing the Platform to avoid fees (“disintermediation”) is strictly prohibited and may result in immediate removal of Vendor listing and permanent suspension from the Platform. BoomPop’s good-faith determination, supported by system logs or communication records, shall be deemed sufficient to establish disintermediation, subject to reasonable appeal.

• Communication & Responsiveness: Vendor must respond to Client inquiries and RFPs within 10 business hours. Repeated unresponsiveness may result in Vendor listing being paused or downgraded in visibility. We will notify Vendor before taking action.

• Compliance & Conduct: Vendors must comply with all local, state, and federal laws, including permits, insurance, taxes, and relevant service regulations. Fraudulent or deceptive behavior may result in removal from the Platform.

• Modifications to Vendor Terms: These Terms may be updated periodically. Vendor will be notified of material changes. Continued use of the Platform constitutes acceptance of the updated Terms.

• Insurance. Vendors  are required to maintain (at Vendor’s sole expense), a liability insurance policy that meets minimum state coverage requirements for (and is commensurate with) the applicable industry. Upon request, Vendor shall provide BoomPop evidence of such insurance policy.

• Pro Partner Program. Vendors may opt in to become a Pro Partner at no cost in exchange for meeting elevated service standards, including guaranteed response times (e.g., within 6 business hours), preferential pricing for BoomPop Clients (e.g., discounted rates below public retail rates), most-favored-nation (MFN) pricing, and reasonable built-in concessions (e.g., flexible cancellation terms or A/V inclusions). In return, Pro Partners receive priority placement in search results, enhanced visibility in RFPs, and preferred recommendation status from BoomPop’s planning team. BoomPop reserves the right, in its sole discretion, to grant, suspend, or revoke Pro Partner status at any time based on performance, compliance with these standards, or the overall interests of the Platform and its Clients.

13. General Provisions

• Entire Agreement. This Agreement (including the Privacy Policy, SLA, and all applicable Order Forms) constitutes the complete and exclusive understanding between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous oral or written agreements. Notwithstanding the foregoing, if Client has executed a separate, mutually signed Enterprise Agreement with BoomPop that expressly governs the use of the Platform and Services, such Enterprise Agreement shall control in the event of any conflict with these Terms. BoomPop may standardize such agreements by template and reserves the right to update its Enterprise Agreement structure at any time. Any inconsistent or additional terms on purchase orders, confirmations, or similar documents shall have no effect unless signed by both parties.

• Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflicts of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Unless waived by BoomPop in its sole discretion, exclusive jurisdiction and venue for actions related to this Agreement will be the state or federal courts located in Wilmington, DE, and both parties consent to the jurisdiction of such courts with respect to any such action.

• Remedies. Except as specifically provided otherwise herein, each right and remedy in this Agreement is in addition to any other right or remedy, at law or in equity. Each party agrees that, in the event of any breach or threatened breach of Section 6 or 7, the non-breaching party will suffer irreparable damage for which it will have no adequate remedy at law. Accordingly, the non-breaching party shall be entitled to injunctive and other equitable remedies to prevent or restrain such breach or threatened breach, without the necessity of proving actual damages or posting any bond.

• Notices. All notices under this Agreement will be in writing, in English and delivered to the parties at their respective addresses stated herein, in the applicable Order Form or at such other address designated by written notice. Notices will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or electronic mail; the day after being sent, if sent for next day delivery by recognized overnight delivery service; or upon receipt, if sent by certified or registered mail, return receipt requested.

• Publicity. Client hereby consents to inclusion of its name and logos in customer lists that may be published as part of BoomPop’s marketing and promotional efforts. Otherwise, neither party may issue any press release or other public announcement concerning the arrangements under this Agreement without the other party’s prior written consent, not to be unreasonably delayed, conditioned or withheld.

• Assignment. This Agreement and the rights and obligations hereunder may not be assigned, in whole or in part, by either party without the other party’s prior written consent, not to be unreasonably withheld; provided, however, that either party may assign this Agreement without such consent to a successor in interest in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets related to this Agreement. This Agreement shall be binding upon, and inure to the benefit of, the successors, representatives, and permitted assigns of the parties hereto.

• Independent Contractors. The parties shall be independent contractors under this Agreement, and nothing herein will constitute either party as the employer, employee, agent or representative of the other party, or both parties as joint venturers or partners for any purpose.

• Acknowledgment. Client acknowledges that (a) it has read and understands this Agreement, (b) it has had an opportunity to have its legal counsel review this Agreement, (c) this Agreement has the same force and effect as a signed agreement, (d) BoomPop requires identification of the Client before issuing this license to access and use the Service, and (e) entering into this Agreement does not constitute general publication of the Platform or Analytics. 

• Communication; Notices. BoomPop grants Company access to BoomPop’s online portal, which serves as the primary software tool for all coordination and collaboration of the Service (the “Company Space”). BoomPop may communicate with Company from time to time via the Company Space, and Company will check the Company Space regularly. Any notices in connection with this Agreement will be in writing and sent by first class US mail, email or major commercial rapid delivery courier service to the address specified below for notice or such other address as may be properly specified by written notice hereunder.

• Dispute resolution. Any dispute, controversy, or claim arising out of or relating to this agreement or the breach, termination, or invalidity thereof shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall be conducted by a single arbitrator appointed by mutual agreement between the parties or, failing such agreement, by the AAA. The arbitration shall take place in a mutually agreed neutral location, and the language of the arbitration shall be English. The arbitrator's decision shall be final and binding on the parties and may be enforced in any court of competent jurisdiction. To the fullest extent permitted by applicable law, the customer and the company waive the right to bring or participate in any class, collective, or representative action or proceeding against the other party. Any claims or disputes between the customer and the company will be arbitrated on an individual basis and will not be consolidated with any other claims or joined with any other parties' claims. Upon written notice on or before ten days from the commencement of the final arbitration hearing, any arbitration may proceed
  ex aequo et bono at the sole discretion of BoomPop.

• Mutual Non-Disparagement. Each of BoomPop, Client, and Vendor agrees not to make or publish any false, misleading, or disparaging statements about any other party, including their services, personnel, business practices, or reputation, whether publicly (e.g., on social media or in press statements) or privately in a manner intended to harm. Reasonable, good-faith feedback shared confidentially with BoomPop for issue resolution, or statements required by law or legal process, shall not constitute a breach. This obligation survives termination of this Agreement, and any violation may result in suspension from the Platform or equitable relief, including injunctive remedies.

• Modifications to Terms of Service. You acknowledge that these terms of service may be modified at any time by BoomPop, and continued use of any BoomPop service, continued planning of any events, or continued communication about any contract, Statement of Work, or Order form constitutes agreement to modifications of these Terms of Service. While BoomPop will attempt to notify You in other ways, you further agree that the terms of service page available at BoomPop, Inc. contains a “last updated on” section and that You will check that section when using the BoomPop services to determine if any change has been made, and that the existence of that page and the “last updated on” language is a sufficient notification to put You on notice of any and all Terms of Service.

• Electronic Business. You consent to the use of your electronic signature on documents, and consent to conduct business with BoomPop electronically.

Effective date: June 21, 2025

Email: info@boompop.com

Phone: (510) 239-7006

Address: Building C, 1 Letterman Dr C3500, San Francisco, CA 94129