Terms of service

THE TERMS OF SERVICE

THE RELATIONSHIP BETWEEN THE USER AND BOOMBIT REGARDING THE USER’S USE OF BOOMBIT’S SERVICES IS GOVERNED BY THIS AGREEMENT AND OTHER RELEVANT BOOMBIT’S POLICIES.

IF THE USER INSTALLS, USES OR ENTERS THE SERVICE OTHERWISE, IT MEANS THAT THE USER ACCEPTS THE TERMS OF THIS AGREEMENT. OTHERWISE THE USER MUST NOT INSTALL, USE OR ENTER THE SERVICE IN ANY OTHER WAY.

LAST UPDATED: 16th of July 2026.

Definitions. Capitalized terms shall have the meaning set forth as below:
1. BoomBit – BoomBit Spółka Akcyjna /joint stock company/ (formerly Aidem Media Spółka z ograniczoną odpowiedzialnością) with its registered office in Gdańsk, Zacna 2 Street, 80-283 Gdańsk, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Gdańsk – Północ, VII Commercial Division of the National Court Register, under KRS number 0000740933, share capital PLN 6,820,000.00, NIP: 9571040747
2. Agreement – shall mean these Terms of Service;
3. Account – an account created by the User in the Service; the User shall make reasonable efforts to ensure the Account’s security, especially the User shall not share the Account or password. If the User suspects that the Account is not secure, including but not limited to its loss or theft, the User shall notify BoomBit and change the Account’s information required to log in. The User is fully responsible for any use of the Account, including but not limited to any purchases, whether authorized by the User or not. Any username may be at any time removed or reclaimed by BoomBit for any reason, especially but not limited to occurrence of third party’s claims that a username may violate that party’s rights. Only one Account per game is supported on a device;.
4. Intellectual Property Rights – means all and any data, information, video, graphics, sound, music, photographs, software, any other materials or content (in whatever format), copyrights as well as all computer code or scripts, whether compiled or not in any computer language or program, all patents, utility models, trademarks, know-how, trade names, domain names, rights in logo and get-up, inventions, all rights in computer software and data, databases, confidential information, trade secrets design rights (whether registered or unregistered) and semiconductor topographies and all intangible rights, privileges and forms of protection of a nature or having a similar effect to any of the above which may subsist anywhere in the world;
5. Platform – means third party distribution platform (e.g. IOS, Android) on which BoomBit distributes the Services;
6. Restricted Content – means any content or term that:
  - promotes or is related to illegal activities (illegal drugs, phishing, terrorism, criminal activities, contests, pyramid schemes or chain letters etc.);
  - promotes or is related to tobacco, gambling or weapons;
  - is related to pornographic or obscene material;
  - is related to excessively graphic or explicit violence;
  - is defamatory, inappropriate or profane;
  - is discriminatory or constitutes “hate speech”, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group;
  - promotes or contains viruses, worms, corrupted files, cracks or other materials that are intended to or may damage or render inoperable software, hardware or security measures of BoomBit, any User, or any other third party.
7. Service – use of BoomBit’s games and related services;
8. SNS – Social Networking Site, such as Facebook or Google+;
9. User – a person who uses the Services;
10. User Content – shall mean all the non-personal data that the User uploads, transmits, creates, generates, posts, publishes or shares on or through the Services, including but not limited to pictures, videos messages, files, in-game art or any other content. The User’s Content shall be accurate and in compliance with any laws and this Agreement and shall not include non-confidential information, Restricted Content or viruses, adware, spyware, worms or other harmful codes, files and software;.
11. Virtual Item – shall mean: i) virtual currency, including without limitation virtual coins, cash, tokens, or points, all for use in the Services and ii) virtual in-game items; whether earned in a game or purchased from BoomBit.
Restrictions.
1. Our games are intended to be played by adults and we do not knowingly collect, and do not wish to collect information about children. Creating an Account or entering the Service is not permitted for persons under the age of 13. The User shall deny access to the Service to children under the age of 13. The User shall be fully liable for any unauthorized use of the Service by minors, including payment instruments, such as credit card or online payments system, such as PayPal.
2. If the User’s age is between 13 and 17, it is the User’s legal guardian who has to review and agree to this Agreement. If the User access the Service from an SNS, the User shall comply with its terms of service/use as well as this Agreement.
3. It is prohibited to:
  - - use the Service if the User has been previously removed or banned from playing any BoomBit’s game by Boombit;
    - create an Account using a false identity or information or on behalf of someone other than User;
    - purchase, sell, rent or give away the User’s Account;
    - use the Account for commercial purposes or to advertise, solicit, transmit commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.
    - use any software that provides an unfair advantage over other players. This includes, but is not limited to, DDoS tools/websites, cheat clients, auto-typers, autoclickers, exploits, automation software, bots, hacks, mods or any other unauthorized third-party software;
    - use of any autoclicking software or any other program that performs repeated or automated clicking or keystrokes;
    - use third-party software or engage in macroing activities that provide an unfair advantage. This includes, but is not limited to, using external programs to automate actions or gain benefits within the game.
Amendments of the Agreement. BoomBit at its sole discretion has the right to make any amendments of this Agreement and other relevant BoomBit’s policies at any time. The amended version shall be published on the BoomBit’s Services. If the User continues to use the Services, that shall be considered as the User’s consent to the said amendments. The User shall be informed about the changes, If the User does not agree to the said amendments, the User’s license terminates immediately and the User must not use the Service any longer.
License
1. Limited License. Upon this Agreement and other relevant BoomBit’s policies, BoomBit grants the User a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Service for the User’s own non-commercial, entertainment purposes. The User must not use the Service for any other purpose.
2. License Limitations. Unless the User comply with License Limitations, it is prohibited to use the Service and BoomBit may revoke the User’s license. Furthermore, the User shall be liable for any breach of law. Under any circumstances the User shall not:
  - violate any law, including but not limited to intellectual property law;
  - perform any actions against the community of users, the BoomBit’s employees, BoomBit itself, the spirit or intent of the Service or misuse BoomBit’s Services; including but not limited to posting, publishing, uploading or sharing any information, photo or video that can be understood as Restricted Content or violating good manners.
  - modify or interfere with the Service by using, directly or indirectly, cheats, exploits, automation software, bots, hacks, mods or any other unauthorized third-party software;
  - harm the Services, BoomBit’s computers and servers and other users, including but not limited to overburdening the servers, any attack, including distribution of a virus, gaining unauthorized access to the Service or to any other data protected by BoomBit, especially personal data, manipulating Services and its rankings or taking advantage of errors in the Service or modifying any files constituting the Service without BoomBit’s prior written consent.
  BoomBit may at its sole discretion decide what misconduct shall be considered as violating this Agreement and take suitable actions, including deleting the User Content, termination of the User’s Account, prohibiting the User from using the Service or take any other actions allowed by the law.
Termination of Account and Service
Notwithstanding with BoomBit’s other remedies, if BoomBit considers that the User violates this Agreement or law, BoomBit may at its own discretion limit, suspend, terminate, modify or delete Accounts, access to the Service or parts of it. BoomBit shall not be obliged to compensate the User loss of the Account, Virtual Items and other benefits and privileges relating to use of the Services and lost due to aforementioned BoomBit’s decision. BoomBit may also take other technical and legal steps to prevent the User who violates this Agreement or law to access the Service, if BoomBit considers that the User’s actions violate any laws and third parties rights, including but not limited to Intellectual Property Rights and create risk of possible legal actions against BoomBit or its affiliates.Any Account inactive for 180 days may be terminated by BoomBit at its sole discretion.BoomBit has the right to stop supporting or offering the Service at any time and for any reason. In that case the User’s license is immediately terminated. BoomBit shall not be responsible to compensate the User any loss of benefits, privileges or funds that may derive from the Service’s discontinuation.The User may terminate the User’s Account at any time and for any reason by informing BoomBit that the User wishes to terminate the Account. Please contact us at: https://boombit.zendesk.com.
Ownership. BoomBit is owner and shall have all rights, title and interest, including but not limited to all Intellectual Property Rights or other proprietary rights in connection with:
1. Games and Service – including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a BoomBit game client, and the BoomBit game clients and server software.
2. Accounts – the User shall have no ownership or other proprietary interest in the Account.
3. Virtual Items – the User shall have no right or title in or to any content that appears in the Service.
User Content
The User warrants that the User Content comply with this Agreement and any laws, including but not limited to Intellectual Property Rights. The User agrees that the User Content will be processed by BoomBit in accordance with its policies. BoomBit has the right to monitor, record or store the User’s interactions with the Services, BoomBit or other players while the User is using the Services (including without limitation communications through in-game text or video chat). BoomBit may also edit, refuse to post, or remove any User Content.However, BoomBit shall not be liable for any User Content; the only subject liable for the User Content is the User. The User uses the Services for the User’s own risk. BoomBit shall not be responsible in particular for monitoring the User’s content or conduct. Notwithstanding with BoomBit’s other remedies set forth in this Agreement or by law, the User shall compensate to BoomBit any damages deriving from the User Content, including but not limited to these arising of other User’s compensation, decisions of court, government or other suitable authorities.
License to User Content
User hereby grants BoomBit an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to a third party) to the User Content. The said license entitles BoomBit to use the User Content for any purpose, including marketing and promotion of the Service on all fields of exploitation known at the time of authorization, in particular on the following:
1. any recording and reproduction (including the insertion into the computer or other device memory), production of copies, by any technique, including printing, reprographic, magnetic, mechanical, optical, electronic or other, by analogue or digital technique, in any system or format; on any media, including audio or video media, paper or similar, photosensitive, magnetic, optical, discs, memory bones, computer media and other storage media and memory;
2. any transactions with the User Content’s original and copies made in accordance with point 1 – placing them on the market, renting, lending;
3. any other distribution, including:
  - any broadcasting and rebroadcasting, including by means of a wired or wireless vision or sound, by land stations, via satellite, cable, telecommunications or multimedia systems or other transmission systems (including simulcasting or webcasting), in an uncoded manner or coded, in an open or closed circuit, in any technique (including analog or digital), system or format, with or without the possibility of recording, including text, multimedia, Internet, telephone or telecommunications services;
  - any public access to the User Content in such a way that everyone can access it in a place and time of their choice, including the introduction of User Content to IT networks, in particular to the intranet and the Internet, to make the User Content available in such networks, as well as through stations terrestrial, via satellite, cable, telecommunications or multimedia networks, databases, servers or other devices and systems, including third parties, in an open or closed circuit, in any technique, system or format, with or without the possibility of recording on a medium, also within the services mentioned in letter “a”;
  - any public performance, display, exhibition,
and in relation to User Content computer program layer also in the following fields of use:
1. permanent or temporary duplication of the software in whole or in part, by any means and in any form;
2. distribution, including lending or rental of software or a copy thereof.
BoomBit may therefore in particular copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, the User Content and all modified works and works which derive from the User Content
On the basis of the given consent by User, BoomBit can use and exploit the User’s name, likeness and any other information or material included in any User Content and in connection with any User Content, within the scope regulated by the Privacy Policy and in accordance with The General Data Protection Regulation (GDPR) (EU) 2016/679.
User hereby waives or undertakes not to perform any rights of attribution and/or any moral rights the User may have in the User Content, regardless of whether the User Content is altered or changed in any manner unless it is prohibited by applicable law.
BoomBit does not claim any ownership rights in the User Content and nothing in this Agreement is intended to restrict any rights that the User may have to use and exploit the User Content.
Interactions. BoomBit is not responsible for the User’s interactions with other Users and third parties. In particular BoomBit is not responsible, but reserves its right to get involved in disputes arising from the use of the Services. If the User suspects unlawful, harmful or other improper activity of the other users, the User shall contact BoomBit. In case of the User’s disputes with other users, BoomBit shall be released from any claims, demands and damages arising of these disputes.
In-Services Purchase Terms
While using the Service, the User may purchase a limited, personal, non-transferable, non-sublicensable and revocable license to „virtual currency”, in-game items (together with virtual currency, the „Virtual Items”) and other goods and services. BoomBit may revise pricing for any reason and at any time. Only BoomBit and its partners are authorized to sell the Virtual Items and other goods and services. BoomBit and its affiliates shall not be liable for Virtual Items and other goods and/or services’ purchase from third parties.Virtual Items and other goods or services may be modified, eliminated, managed, regulated or controlled by BoomBit at any time, for any reason. No User’s rights arise from such activity.Unless it is expressly authorized in the Service, the User must not transfer Virtual Items and other goods and services relating to the Services.All purchases and redemptions of Virtual Items and other goods and services made through the Service are final and non-refundable. The User is not entitled to a refund for any reason, including but not limited to unused Virtual Items and other goods and services or the Account’s termination.The User agrees to pay all fees and applicable taxes incurred by the User or anyone using an Account registered to the User.
Crowdfunded Customed Virtual Items (Community Campaigns)
Campaign Mechanism. BoomBit may, at its sole discretion, introduce a feature, functionality or other mechanism, whether within the Game, through an online store, website, platform or other channel made available or approved by BoomBit, enabling Users to submit ideas for, launch and/or participate in community campaigns for the potential creation and release by BoomBit of custom Virtual Items, including but not limited to skins (each a “Campaign”).
A Campaign is a feature operated exclusively by BoomBit. Participation in a Campaign does not constitute a donation, investment, crowdfunding service, acquisition of ownership rights, acquisition of Intellectual Property Rights, or any form of revenue-sharing arrangement. Payments made by Users in connection with a Campaign are processed through the online store, checkout flow and/or third-party payment solution made available by BoomBit, including BoomBit’s payment partner where applicable. The applicable checkout page may identify the relevant seller, merchant of record, payment processor or payment service provider. The User who initiates a Campaign does not receive, and is not entitled to receive, any funds, remuneration, royalty, revenue share or other benefit from payments made by other Users in connection with a Campaign, regardless of the payment channel, checkout flow or merchant of record used for the relevant transaction unless expressly provided otherwise in separate Program policy.
A User who participates in a Campaign by making a contribution purchases a conditional right to receive a license to use the relevant custom Virtual Item in the Game, provided that the Campaign reaches its funding goal and the custom Virtual Item is developed and released by BoomBit in accordance with this section.
Campaign Launch and Submission Rules. A User who initiates a Campaign (“Campaign Creator”) may be required to submit a concept proposal, description, reference materials and/or other information regarding the proposed custom Virtual Item.
BoomBit reviews Campaign submissions before they are made available to other Users. BoomBit reserves the right, at its sole discretion, to approve, reject, modify, suspend or cancel any Campaign proposal at any stage, including before or after the opening of the Campaign to other Users. Grounds for rejection, modification, suspension or cancellation may include, without limitation, insufficient description of the proposed custom Virtual Item, technical or commercial infeasibility, potential infringement of third-party Intellectual Property Rights, violation of the Game’s community rules, inclusion of Restricted Content, unlawful content, inappropriate content, or any other reason determined by BoomBit.
The Campaign Creator is not the organizer, seller, service provider or beneficiary of the Campaign. The Campaign Creator has no authority to act on behalf of BoomBit and assumes no obligation towards Contributing Users in connection with the Campaign.
Review, Modifications and Intellectual Property Rights. BoomBit handles and reviews all Campaign submissions. BoomBit may, at its sole discretion, use, reject, alter, adapt, redesign or otherwise modify any submitted proposal, including where BoomBit considers this necessary or appropriate to ensure legal compliance, avoid potential infringement of third-party rights, comply with the Game’s guidelines, maintain technical compatibility, or preserve the artistic, commercial or technical direction of the Game.
The final custom Virtual Item is not required to be identical or substantially similar to the Campaign Creator’s original submission and may differ from the initial concept at BoomBit’s sole discretion.
All materials submitted by the Campaign Creator in connection with a Campaign, including any concept proposal, description, artwork, references, designs or other materials, shall be deemed User Content. The Campaign Creator represents and warrants that such materials do not infringe any third-party rights, including Intellectual Property Rights, image rights, privacy rights or other personal rights, and that the Campaign Creator has all rights necessary to submit such materials to BoomBit.
To the maximum extent permitted by applicable law, by submitting any materials in connection with a Campaign, the Campaign Creator grants BoomBit a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free and fully paid-up license to use, reproduce, modify, adapt, translate, create derivative works from, publish, distribute, make available, display, perform, commercialize, implement in the Game and otherwise exploit such materials, in whole or in part, in connection with the Game, the Services, BoomBit’s business and any related marketing or promotional activities. To the extent that any assignment of rights is legally required or effective under applicable law, the Campaign Creator hereby assigns to BoomBit, to the maximum extent permitted by applicable law, all economic copyrights, derivative rights and other transferable Intellectual Property Rights in and to the submitted materials, without any additional remuneration, royalty or compensation. To the extent such assignment is ineffective, invalid or not permitted under applicable law, the license granted above shall apply to the broadest extent permitted by applicable law. To the maximum extent permitted by applicable law, the Campaign Creator waives, and agrees not to assert, any moral rights or similar rights in relation to the submitted materials or any custom Virtual Item created, developed, modified or released by BoomBit on the basis of or in connection with such materials.
For the avoidance of doubt, all Intellectual Property Rights in the final custom Virtual Item, including any models, artwork, designs, animations, names, descriptions, files, code and related assets, shall belong exclusively to BoomBit or its licensors.
Participation and Payment Mechanism. A User who participates in a Campaign by making a financial contribution through their User Account, online store account, checkout flow or other method made available by BoomBit or its payment partner is a “Contributing User”. The amount required to reach the Campaign’s goal, the minimum or maximum contribution amount, the Campaign duration, the availability of the relevant custom Virtual Item and any other Campaign-specific conditions may be determined by BoomBit and displayed in the Game, online store, Campaign page or other channel made available by BoomBit.
To make a payment in connection with a Campaign, the Contributing User may be required to complete the payment process provided through the applicable online store, checkout flow or third-party payment solution. The payment process may be subject to the terms, transaction limits, verification requirements, refund rules and privacy notice of the relevant seller, merchant of record, payment processor, payment service provider or payment partner, as displayed at the time of purchase.. If the payment is not successfully processed, verified or accepted, the User will not participate in the Campaign.
By participating in a Campaign, the Contributing User acknowledges that the Campaign may not reach its funding goal and that, in such case, the custom Virtual Item may not be created, released or made available to the Contributing User, subject to the refund rules set out below.
Campaign Timeline and Refunds. Each Campaign shall remain active for the period specified in the Game, online store, Campaign page or other channel made available by BoomBit, unless extended, shortened, suspended or cancelled by BoomBit. Unless otherwise stated, a Campaign may remain active for up to three (3) months from its official launch date. If a Campaign does not reach its funding goal within the applicable Campaign period, the Campaign will expire and will be cancelled. In such case, notwithstanding the general non-refundable rule set out in the In-Service Purchase Terms, BoomBit will arrange for the refund of the amounts contributed by Contributing Users in that Campaign to be processed through the applicable online store, checkout flow or payment partner, subject to the applicable checkout terms and mandatory consumer protection laws.. Refunds will be made to the original payment method, unless the Contributing User expressly agrees to receive the refund in in-game currency Virtual Currency or another equivalent form, or unless another refund method is required or permitted by applicable law. BoomBit may also provide a refund if a Campaign is cancelled by BoomBit before the custom Virtual Item is released, unless the cancellation results from the User’s breach of these Terms or unlawful conduct, subject always to any mandatory rights available to Users under applicable law.
Delivery, License and Lifecycle. If a Campaign successfully reaches its funding goal, BoomBit will use commercially reasonable efforts to develop and release the relevant custom Virtual Item within the estimated timeline indicated in the Game online store, Campaign page or other channel made available by BoomBit or, if no timeline is indicated, within approximately three (3) months from the date on which the Campaign reaches its funding goal. The Contributing User acknowledges that development and release timelines are estimates only and may be affected by technical, operational, legal, creative or business reasons. BoomBit shall not be liable for temporary technical or operational delays, without prejudice to any mandatory rights available to Users under applicable law. Upon release of the custom Virtual Item, BoomBit grants the Campaign Creator and each eligible Contributing User a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use the custom Virtual Item solely within the Game and solely in accordance with these Terms, regardless of whether the Campaign was launched, supported or paid for through the Game, online store, website, Campaign page or another channel made available or approved by BoomBit. This license does not transfer any ownership rights or Intellectual Property Rights to the User. The license is limited to the period during which the custom Virtual Item is made available by BoomBit as part of the Game and is subject to the active lifecycle of the Game, the availability of the Services, technical requirements, account status and compliance with these Terms. BoomBit may remove, suspend, disable, modify or discontinue access to the custom Virtual Item in accordance with these Terms, including in connection with discontinuation of the Game or Services, technical requirements, legal requirements, balance changes, security issues, breach of these Terms, or other legitimate business reasons. BoomBit retains the full right to use, distribute, commercialize, resell, license, make available or otherwise exploit the same or similar custom Virtual Item, including by making it available to other Users, in other campaigns, in bundles, in the in-game store, online store, Campaign page, as promotional content or otherwise, without any obligation to notify, compensate or share revenue with the Campaign Creator or any Contributing User.
Security and Prohibited Conduct. The use of hacks, exploits, automation software, bots, mods or any unauthorized third-party software to manipulate, circumvent or interfere with the Campaign mechanism, payment process, Campaign results, or access to custom Virtual Items is strictly prohibited. BoomBit reserves the right to suspend, restrict or terminate the Account of any User who engages in unauthorized use, duplication, unlocking, manipulation, exploitation or hacking of custom Virtual Items or the Campaign mechanism. In such case, access to the relevant custom Virtual Items may be revoked without compensation or refund, subject to any mandatory rights available to Users under applicable law.
Subscription. Some parts of the Services and/or Virtual Items may be billed on a subscription basis (“Subscription”). Subscription provides access to dynamic content or services from within the Services on an on-going basis. Subscriptions may be available at different fees chargeable for a set period of time specified in the Services (“Subscription Period”). Payment will be billed on the User’s Platform account when User confirms the Subscription by available confirmation tools within the Services.Trial Subscription is offered free of charge for certain period of time from activation specified in the relevant offer in the Services. In case the User does not cancel the Subscription within such period, Subscription Fee shall be taken from User’s relevant Platform account when the trial period expires. User’s Subscription begins immediately after the activation of a trial Subscription, not after the seven-days trial period. User may cancel a Subscription during its free trial period using the relevant Subscription settings of User’s account in the Platform. BoomBit cannot cancel your free-trial subscription if it has already been activated.Subscription is automatically renewable, unless the User turns such Subscription off at least 24 hours before the expiry of the current Subscription. Subscription Fee shall be taken from User’s relevant Platform account during 24 hours preceding the expiry of the current Subscription. In case Subscription Fee cannot be taken from User’s Platform account due to absence of monetary funds, invalidity of credit card or for any other reasons, Subscription shall be automatically cancelled.Once the User has purchased a Subscription, User can manage it and switch off automatic renewal at any time after the purchase in the settings of User’s Platform account. User cannot cancel User’s current Subscription if it has already been activated.Except when required by law, paid Subscription Fees are final and non-refundable. User is not entitled to a refund for any reason, including but not limited to unused Virtual Items and other goods and services relating to the Subscription or the Account’s termination.BoomBit in its sole discretion and at any time may modify the Subscription Fee. Any Subscription Fee change will become effective at the end of the current Subscription period. User will be provided a reasonable prior notice of any change in Subscription Fee. If User does not take action to agree to the increase in Subscription Fee, such User’s Subscription shall expire at the end of the current Subscription period.User acknowledges and agrees that all billing and transaction processes are handled by relevant Platform operators, and are governed by such Platforms’ terms and conditions. If the User has any payment related issues, such User need to contact the relevant Platform operator directly. BoomBit shall not be a party to such an agreement between the User and Platform operator and shall not be liable for any obligations or damage rising thereof.
Updates. To provide the Service’s proper performance, BoomBit at its sole discretion, has the right to update its Service without prior notification. To continue using of the BoomBit’s Services the User must accept these updates, including updates of third parties’ software from time to time.
No Warranties. BoomBit does not warrant that its Services will be accessible for User at the times or locations chosen by the User, are error-free or free of viruses or other harmful components, as well as BoomBit does not warrant that its Services will suit the User’s purpose of use.
Limitation of liability
As far as it is permitted by law, BoomBit is not liable to the User for any damages, including loss of revenues, lost profits, data, business interruption or other unless these damages arise from BoomBit’s gross negligence or willful misconduct or from death or personal injury arising from BoomBit’s any negligence or fraud. This Agreement does not affect any statutory rights of consumer.The User undertakes to indemnify, defend and hold BoomBit (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third party resulting from or arising out of the User’s use of the Service, or any breach by the User of this Agreement. For the avoidance of doubt, the foregoing does not apply if the infringement of rights is not attributable to the User’s intentional or negligent behavior.
Governing Law and Dispute Resolution
This Agreement and any dispute arising out of it or BoomBit’s privacy policy or Terms of Service is governed in all aspects by the law of Poland. Any claim arising out of it shall be resolved exclusively by the competent court having jurisdiction in Poland ,unless the law in your country of residence allows you to choose the courts of that country for the dispute in question.If you are a citizen of the European Union, you can bring an action before the court of your residence.In case of any dispute arising between the User and BoomBit, the User is strongly encouraged first to contact BoomBit directly to find a resolution by going to BoomBit’s customer support site at: https://boombit.zendesk.com.
Severability. If any provision of this Agreement or of the BoomBit Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability and no other provision will be affected.
Right to transfer. BoomBit may transfer this Agreement or relevant policies, in whole or in part, at any time and to any person or entity without the User’s consent. However, BoomBit’s prior written consent is required for the User’s rights or obligations transfer made by the User to be valid.
Additional Policies. BoomBit may publish additional policies related to its Services. The User must agree and comply with these policies to use theServices.
Entire Agreement. This Agreement, together with any documents referred to in it (if any), constitutes the entire agreement and understanding between BoomBit and the User and supersedes any previous agreements or understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent.
No Waiver. If BoomBit fails or delays to enforce its rights under this Agreement or other policies, it shall not preclude BoomBit from taking legal or other actions to enforce its rights. Any prior failure or delay shall not constitute a defense. Any waiver of BoomBit to enforce its rights shall be made in writing to be valid and applies only to certain rights, the waiver does not apply for any future claims, demands or damages, unless it is expressly stated.
Notices. BoomBit may notify the User via BoomBits website (www.boombit.com), the User’s e-mail or using any other contact information provided by the User. All notices given by the User or required from this Agreement or BoomBit’s other policies, shall be made via BoomBit’s website.
Force Majeure. BoomBit shall not be liable and shall be excluded from performing if such performance hereunder is interfered with by any condition beyond BoomBit’s reasonable control, including acts of God, labor disputes, or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts of orders of government, acts of terrorism or war.
Right to change. BoomBit reserves the right to make changes to this Agreement, if necessary, in particular for legal reasons or in connection with changes in the services provided. In the event of such a circumstance, the User shall be informed and BoomBit shall publish the current wording of the Agreement with the date of amendments on boombit.com.