BOOST CAPITAL APPLICATION TERMS OF SERVICE – Boost Capital

BOOST CAPITAL APPLICATION TERMS OF SERVICE

Last revised: February 16, 2020

These terms of service, together with any other agreements or terms incorporated by reference, including the Boost Capital Privacy Policy (available at: https://34.174.191.116/) (the “Terms“) govern your use of the Services. These Terms constitute a binding and enforceable legal contract between Boost Capital and You. By accepting these Terms electronically by clicking a box indicating your acceptance, or by using the Services, you agree to these Terms. If you are entering into these Terms on behalf of a company or another legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case the term “You” will refer to such entity and its affiliates. If the legal entity that you represent does not agree with these Terms, you must not accept these Terms or use the Services.

1. Definitions

  1. “Account” means an online account registered by You for the purpose of using the Services.
  2. “Content” means any files, data, material, and information submitted, uploaded, and stored by You through the Services.
  3. “Platform” means Boost Capital’s online solution for end-users to business loans and merchant cash advances.
  4. “Services” means any applications, products, services, documentation, and software made available through the Platform.
  5. “We“, “Us“, “Boost Capital” or “Our” means Boost Capital Ltd.
  6. “You” or “Customer” means the company or other legal entity and its affiliates for which you are accepting these Terms.

2. The Services

  1. Access to the Platform. Following the initial registration of an Account you will have the ability to access the Platform and use the Services solely for the purpose of your business activity. We may update the Services from time to time, including adding or removing functions.
  2. Software. Some Services may require you to download software. If any software is offered under an open source license, we will make the license available to you and the provisions of that license shall apply notwithstanding any provisions to the contrary under these Terms.
  3. Service Providers. We may use third-parties in the operation of our Services or to perform any of our obligations (each a “Service Provider“), including using Service Providers for cloud infrastructure and hosting services. In order for our Service Providers to be able to provide you with certain aspects of the Services, we may share your data or Content with such Service Provider. Our agreements with Service Providers outline the appropriate use and handling of this information and prohibit the Service Provider from using any of your information for purposes unrelated to the Services.
  4. Children under 18. The Service is not directed at children. If you are a child, please do not use or attempt to register to use the Service.

3. Registration and User Account

  1. Establishing an Account. You may be required to register and establish an Account in order to use our Services.
  2. SNS Account. You may register an Account by logging into your account with certain third-party sites (“SNS“) including, but not limited to, Facebook, LinkedIn, Google (each such account, a “Third-Party Account“), as described below. By registering an Account through a social networking site (SNS), You represent that you are entitled to grant Boost Capital access to your Third-Party Account without breaching any of the terms and conditions that govern your use of the applicable Third-Party Account.
  3. Account Information. You must safeguard and not disclose your Account username and password and you must supervise the use of such Account. You must provide us with accurate and complete information in order to create an Account.
  4. SNS Account Information. By granting Boost Capital access to any Third-Party Accounts, you understand that Boost Capital will access, make available and store certain content that you have provided to and stored in your Third-Party Account.
  5. Deletion of Account. You may delete your Account at any time. Any Content and other information and data entered into the Services may be permanently deleted if you delete the Account.

4. Your Content

  1. License to Content. You grant us a worldwide, non-exclusive license to host, copy and use your Content as required in order to provide You with the Services.
  2. Responsibility for Content. The Services are not intended to be used as storage, backup, or archiving services. It is your responsibility to back up your Content and you are responsible for any lost or unrecoverable Content.

5. Use Obligations and Restrictions

  1. Obligations. You agree to do each of the following in connection with your use of the Services: (i) comply with all applicable laws, rules, and regulations; (ii) pay the fees for the Services, if applicable, when due; (iii) use reasonable security precautions.
  2. Restrictions. You must not misuse the Services. For example, you may not sell, resell, or lease the Services or access or attempt to access the Services by any means other than the approved interface.

6. Intellectual Property Rights

  1. Retention of Rights. All rights not expressly granted to You under these Terms are reserved by Boost Capital and its licensors.
  2. Feedback. To the extent You provide us any feedback, comments or suggestions (“Feedback“), you grant us a royalty-free, fully paid up, worldwide license to incorporate the Feedback into the Services.

7. Indemnification

You will indemnify, defend, and hold harmless Boost Capital from all liabilities arising out of any claim by a third-party alleging that your Content or your use of the Services infringes or violates applicable law.

8. Disclaimers of Warranties

  1. The Services Are Provided On An “As Is” Basis, And Boost Capital Disclaims All Warranties Of Any Kind.
  2. We do not warrant that The Services will be secure, uninterrupted, or free of defects.

9. Limitation of Liability

  1. In No Event Will Boost Capital Be Liable For Incidental, Special, Indirect, Or Consequential Damages.
  2. Boost Capital’s total liability to You for all damages shall not exceed an amount of US$100.00.
  3. These Limitations Will Not Apply To The Extent Prohibited By Law.

10. Term and Termination

  1. Term. These Terms commence on the date you first accept them and will remain in effect until terminated.
  2. Termination. You may stop using the Services at any time. We may suspend or terminate your access to the Services at any time at our discretion.
  3. Survival. The provisions of these Terms that must survive the termination shall so survive.

11. Governing Law and Jurisdiction

These Terms are governed by the laws of Singapore, and the competent courts in Singapore will have jurisdiction.

12. General

  1. Changes to Terms. Boost Capital may change the Terms from time to time, and such change will become effective upon the date on which it is posted on the Platform.
  2. Severability. If any part of these Terms is deemed unlawful, that provision shall be deemed to be severable from the rest.
  3. Waiver. No waiver by us of a breach shall be construed as a waiver of any succeeding breach.
  4. Relationship. Nothing in these Terms shall be construed as creating any agency, partnership, or joint enterprise between You and Boost Capital.
  5. Entire Agreement. These Terms contain the entire agreement between Boost Capital and You relating to your use of the Services.
  6. Assignment. You may not assign your rights under these Terms without Boost Capital’s prior written consent.
  7. No Third-Party Rights. There are no third-party beneficiaries to these Terms.