Terms and Conditions

Last Updated: [Date of Last Update]

1. Agreement to Terms

By accessing or using any of the software products and services provided by Boost360 AS (hereinafter referred to as "Boost360," "we," "us," or "our"), including but not limited to Payments, ERP, CRM, and AI services (collectively, the "Services"), you (hereinafter referred to as "you" or "User") agree to be bound by these Terms and Conditions (the "Terms"). If you do not agree to these Terms, you may not access or use the Services.  

2. Definitions

Agreement: These Terms and Conditions, together with any order forms, invoices, and other documents expressly incorporated herein.
Confidential Information: Any information disclosed by one party to the other, directly or indirectly, in writing, orally, or by inspection of tangible objects, which is designated as "confidential" or which reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.  
Intellectual Property Rights: All patents, patent applications, trademarks, service marks, trade names, copyrights, moral rights, trade secrets, domain names, and other intellectual property rights, whether registered or unregistered, and all applications for and renewals or extensions of such rights.  
Services: The software products and services provided by Boost360, including Payments, ERP, CRM, and AI services, as described on our website or in order forms.
User Data: Any data, information, or material that you input, upload, or otherwise transmit through the Services.
3. Account Registration and Use

3.1. Eligibility: By registering for an account and using the Services, you represent and warrant that you are of legal age and have the legal capacity to enter into this Agreement.  

3.2. Account Information: You are responsible for providing accurate, current, and complete information during the registration process and for keeping your account information up-to-date.  

3.3. Account Security: You are responsible for maintaining the security and confidentiality of your account credentials (usernames and passwords). You agree to notify Boost360 immediately of any unauthorized access to or use of your account.

3.4. User Conduct: You agree to use the Services in compliance with all applicable laws and regulations and these Terms. You agree not to:
* Use the Services for any illegal or unauthorized purpose.
* Interfere with or disrupt the integrity or performance of the Services.
* Attempt to gain unauthorized access to the Services or related systems or networks.
* Transmit any viruses, malware, or other harmful code.
* Reverse engineer, decompile, or disassemble any part of the Services, except to the extent expressly permitted by applicable law.
* Infringe upon the Intellectual Property Rights of Boost360 or any third party.
* Upload or transmit any User Data that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.  

4. License and Access to Services

4.1. Limited License: Subject to your compliance with these Terms and payment of applicable fees, Boost360 grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your internal business purposes during the term of this Agreement.  

4.2. Service Modifications: Boost360 reserves the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.  

4.3. Support: Boost360 may provide technical support for the Services as outlined in your service plan or as otherwise agreed upon.

5. Fees and Payment

5.1. Fees: The fees for the Services will be as set forth in the applicable order form or pricing schedule provided to you.

5.2. Payment Terms: Unless otherwise agreed in writing, all fees are payable in advance and are non-refundable. Payment methods will be specified in the order form or invoice.

5.3. Taxes: You are responsible for any applicable sales, use, value-added tax (VAT), or other taxes or duties arising out of or in connection with your use of the Services, except for taxes on Boost360's income.

5.4. Late Payments: Late payments may be subject to interest at a rate of [Specify Percentage, e.g., 1.5%] per month or the maximum rate permitted by applicable law, whichever is lower.

5.5. Price Changes: Boost360 reserves the right to change its fees and pricing structure upon [Specify Notice Period, e.g., 30 days'] prior written notice to you.

6. User Data

6.1. Ownership: You retain ownership of your User Data.

6.2. License to Use User Data: By using the Services, you grant Boost360 a non-exclusive, worldwide, royalty-free license to access, use, process, store, copy, distribute, and display your User Data solely to the extent necessary to provide and improve the Services and as otherwise permitted by our Privacy Policy.

6.3. Data Security: Boost360 will implement and maintain reasonable technical and organizational measures designed to protect the security and confidentiality of your User Data. However, we cannot guarantee absolute security.

6.4. Data Retention and Deletion: We will retain your User Data for as long as necessary to provide the Services to you and as required by applicable law. Upon termination or expiration of this Agreement, we may retain or delete your User Data in accordance with our data retention policy.

7. Intellectual Property Rights

7.1. Boost360 IP: The Services, including all software, code, databases, interfaces, content, graphics, designs, and Intellectual Property Rights therein, are owned by and shall remain the sole and exclusive property of Boost360 and its licensors. You acknowledge that you have no right, title, or interest in or to the Services except as expressly granted in this Agreement.

7.2. User Feedback: If you provide any feedback, suggestions, or ideas regarding the Services ("Feedback"), you hereby assign to Boost360 all rights, title, and interest in and to such Feedback, and Boost360 shall be free to use, reproduce, modify, distribute, and exploit such Feedback without any obligation to you.

8. Confidentiality

8.1. Obligations: Each party (the "Receiving Party") agrees to protect the Confidential Information of the other party (the "Disclosing Party") with the same degree of care that it uses to protect its own confidential information of like nature, but in no event less than a reasonable degree of care. The Receiving Party agrees to:
* Use the Disclosing Party's Confidential Information only for the purpose of exercising its rights and performing its obligations under this Agreement.
* Not disclose the Disclosing Party's Confidential Information to any third party without the Disclosing Party's prior written consent, except to its employees, contractors, and advisors who have a need to know and are bound by confidentiality obligations at least as protective as those contained herein.  

8.2. Exclusions: Confidential Information shall not include information that: (a) is or becomes publicly known through no fault of the Receiving Party; (b) was rightfully in the Receiving Party's possession without obligation of confidentiality prior to disclosure by the Disclosing Party; (c) is rightfully received by the Receiving Party from a third party without obligation of confidentiality; or (d) is independently developed by the Receiving Party without use of or reference to the Disclosing Party's Confidential Information.  

8.3. Required Disclosure: If the Receiving Party is required by law or legal process to disclose any of the Disclosing Party's Confidential Information, it shall provide prompt notice to the Disclosing Party before making such disclosure, if legally permitted, and shall cooperate with the Disclosing Party in any efforts to obtain a protective order or other confidential treatment.  

9. Warranties and Disclaimers

9.1. Limited Warranty: Boost360 warrants that the Services will perform substantially in accordance with their applicable documentation under normal use. Your sole and exclusive remedy for any breach of this warranty shall be the correction of the non-conforming Service or, if Boost360 is unable to correct the non-conforming Service after reasonable efforts, you may terminate the affected Services and receive a pro-rata refund of any prepaid fees for the unused portion of the term.

9.2. Disclaimer: EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BOOST360 DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.  

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BOOST360 BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF BOOST360 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF BOOST360 TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO BOOST360 DURING THE [Specify Time Period, e.g., TWELVE (12) MONTHS] IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.  

11. Indemnification

You agree to indemnify, defend, and hold harmless Boost360 and its officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services; (b) your User Data; (c) your breach of this Agreement; or (d) your violation of any applicable law or the rights of any third party.  

12. Term and Termination

12.1. Term: This Agreement shall commence on the date you first access or use the Services and shall continue until terminated in accordance with this Section.

12.2. Termination by You: You may terminate your account and this Agreement at any time by providing written notice to Boost360.

12.3. Termination by Boost360: Boost360 may terminate this Agreement or suspend your access to the Services at any time, with or without cause, upon written notice to you. Cause for termination by Boost360 may include, but is not limited to, your breach of these Terms, non-payment of fees, or violation of applicable law.

12.4. Effect of Termination: Upon termination of this Agreement for any reason:
* Your right to access and use the Services will immediately cease.
* You will remain liable for all fees accrued up to the date of termination.
* Boost360 may, but is not obligated to, delete your User Data in accordance with its data retention policy.
* Sections [Specify Sections that Survive Termination, e.g., 7 (Intellectual Property Rights), 8 (Confidentiality), 9.2 (Disclaimer), 10 (Limitation of Liability), 11 (Indemnification), and 13 (Governing Law and Dispute Resolution)] shall survive termination.

13. Governing Law and Dispute Resolution

13.1. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Norway, without regard to its conflict of law principles.  

13.2. Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall be subject to the exclusive jurisdiction of the courts of Norway, with the [Specify Court Location, e.g., District Court of Oslo] as the first instance.  

14. Miscellaneous

14.1. Entire Agreement: This Agreement constitutes the entire agreement between you and Boost360 with respect to the Services and supersedes all prior or contemporaneous communications and proposals, whether oral or written.  

14.2. Waiver: The failure of Boost360 to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.3. Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.  

14.4. Assignment: You may not assign or transfer this Agreement or any of your rights or obligations hereunder without the prior written consent of Boost360. Boost360 may assign or transfer this Agreement, in whole or in part, without your consent.  

14.5. Notices: All notices and other communications under this Agreement shall be in writing and shall be deemed to have been duly given when sent by email to the addresses specified in your account or to info@boost360.cloud for Boost360, or when delivered personally, sent by registered mail, or sent by reputable overnight courier to the addresses specified in your account or our principal place of business.  

14.6. Force Majeure: Neither party shall be liable for any failure or delay in performing its obligations under this Agreement (except for payment obligations) due to events beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, natural disasters, labor disputes, internet outages, or governmental actions.  

14.7. Modifications to Terms: Boost360 reserves the right to modify these Terms at any time by posting the updated Terms on our website or by providing notice to you. Your continued use of the Services after the effective date of any such modifications constitutes your acceptance of the updated Terms.

Contact Information:

Boost360 AS
Location: Norway
Email: info@boost360.cloud