HeyBoomy · Legal
Terms of Service
Last updated:
These Terms of Service (“Terms”) govern your access to and use of the websites, platform, and marketing services provided by Boomy Marketing Agency Inc. (“HeyBoomy,” “we,” “us”). By using our website or engaging our services, you agree to these Terms. If you do not agree, do not use the service.
1. Who we are and what we provide
HeyBoomy is an AI-native marketing agency that provides services such as local search engine optimization, paid advertising management, reviews and reputation management, content, and reporting for home-services and local businesses. The specific services, deliverables, and fees for your engagement are defined in a separate written proposal or order (the “Order”), which forms part of these Terms.
2. Eligibility and accounts
Access to the HeyBoomy platform is provided to our clients and their authorized users. There is no public self-registration. You are responsible for keeping your login credentials secure and for all activity under your account. Notify us promptly of any unauthorized use.
3. Scope of services and approvals
We perform the services described in your Order. Many deliverables are produced with the help of AI tools and are reviewed by our team before they are published. Where your approval is required, we will not publish or launch the affected deliverable until you approve it. You are responsible for reviewing materials submitted for your approval within a reasonable time.
4. Your responsibilities
- Provide accurate business information and timely access to the accounts and assets needed to perform the services.
- Ensure that materials you provide do not infringe third-party rights and that any claims about your business are truthful and substantiated.
- Comply with the terms and advertising policies of the platforms we operate on your behalf (for example, Google and Meta).
5. Fees, billing, and cancellation
Fees, billing frequency, and any applicable taxes are set out in your Order. Unless stated otherwise, fees are billed in advance on a recurring basis and are due on receipt. Third-party costs, such as ad spend paid to advertising platforms, are billed to or paid directly by you and are separate from our service fees. Either party may cancel an ongoing engagement with the notice stated in the Order.
Confirm billing currency, applicable sales tax or VAT/GST/HST handling for each market (US, Canada, UK, Australia, New Zealand), refund terms, late-payment interest, and the exact notice period before publishing.
6. Intellectual property and ownership
Subject to payment of the applicable fees, the final deliverables we create specifically for you (such as website content, ad copy, and published assets) are owned by you. You retain ownership of your brand, trademarks, and the materials you provide. We retain ownership of our pre-existing tools, software, templates, and know-how, and of the HeyBoomy platform. We may use anonymized, aggregated performance data to improve our services.
7. Third-party platforms
Our services rely on third-party platforms that we do not control. Those platforms set their own rules, pricing, and availability, and may change or suspend access at any time. We are not responsible for the acts, omissions, or policy decisions of third-party platforms, including ad disapprovals, account suspensions, or ranking changes.
8. Results and no guarantee
Marketing outcomes depend on many factors outside our control, including your market, competition, pricing, and how you handle the leads we generate. We bring professional skill and effort, but we do not guarantee specific rankings, lead volumes, revenue, or return on investment. Any examples or projections are illustrative, not promises.
9. Confidentiality
Each party may receive confidential information from the other. Both parties agree to protect the other’s confidential information, use it only to perform under these Terms, and not disclose it except as required by law or to service providers bound by similar obligations.
10. Warranties and disclaimers
We provide the services with reasonable skill and care. Except as expressly stated, the website and services are provided “as is” without warranties of any kind, to the fullest extent permitted by law.
Statutory consumer-protection rights may not be excludable in some jurisdictions (for example, certain UK and Canadian consumer laws). Counsel should adjust this disclaimer per market.
11. Limitation of liability
To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, or consequential damages, or for lost profits or revenue. Our total liability arising out of or relating to the services is limited to the fees you paid us for the services in the three months before the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited by law.
12. Term and termination
These Terms apply while you use our website or services. We may suspend or terminate access for non-payment, breach of these Terms, or misuse of the platform. On termination, you remain responsible for fees incurred up to the termination date, and each party will return or delete the other’s confidential information on request.
13. Governing law
These Terms are governed by the laws applicable at our principal place of business, without regard to conflict-of-laws rules, and the courts there have jurisdiction, except where mandatory local law provides otherwise.
Set the specific governing jurisdiction (for example, the Province of Ontario, Canada) and the dispute-resolution venue. Confirm whether arbitration is preferred and whether per-market terms are needed for US, Canadian, and UK clients.
14. Changes to these Terms
We may update these Terms from time to time. Material changes will be reflected by updating the “Last updated” date above, and, for active clients, by reasonable notice. Continued use after changes take effect means you accept the updated Terms.
15. Contact
Questions about these Terms: boomymarketing.com@gmail.com (Boomy Marketing Agency Inc.).