Welcome to Boon. These Terms of Service ("Terms") govern your access to and use of the services provided by Boon ("Company," "we," "us," or "our"). By subscribing to our services, creating an account, or otherwise accessing or using our services, you ("Client," "you," or "your") agree to be bound by these Terms.

PLEASE READ THESE TERMS CAREFULLY. BY CLICKING "I AGREE," COMPLETING THE CHECKOUT PROCESS, OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.

These Terms constitute a legally binding agreement between you and Boon. Your agreement to these Terms is indicated by your affirmative action in clicking "I Agree" or a similar button during the checkout process, and such action shall have the same legal effect as a handwritten signature.

1. DEFINITIONS

"Services" means the specific grant research, grant writing, funder network, and related services offered by Boon as selected by you during the checkout process. Services are limited to those activities expressly associated with your subscription plan and do not include any services not specifically included in your selected plan.

"Client Data" means any information, materials, or data provided by you to Boon in connection with the Services.

"Deliverables" means all documents, materials, and work product created or produced by Boon for you under these Terms.

"Confidential Information" means any non-public information disclosed by either party to the other party, either directly or indirectly, in writing, orally, or by inspection of tangible objects, which is designated as "Confidential," "Proprietary," or some similar designation, or information that, by its nature, would reasonably be understood to be confidential. Confidential Information includes, but is not limited to, Client Data, business plans, strategies, financial information, proprietary organizational information, technical information, and the terms of your subscription.

"Prospect Information" means research data and analysis provided by Boon regarding potential funders, which is provided for informational purposes only and does not constitute investment advice, legal advice, or guaranteed funding opportunities.

"Grant Writing Services" means the grant research and grant writing services offered under certain subscription plans, including grant opportunity identification and application preparation.

"Funder Network Services" means the funder research and networking services offered under certain subscription plans, including prospect research, funder matching, and strategic guidance for relationship building.

2. DESCRIPTION OF SERVICES

2.1 Service Plans

Boon offers multiple subscription plans with varying features and service levels. The specific features, limitations, and service levels for each plan are described on our website and are displayed during the checkout process. Not all features described in these Terms apply to all plans—your specific entitlements are determined by the plan you select at checkout.

2.2 Grant Writing Services

For subscription plans that include Grant Writing Services, the following terms apply:

(a) Minimum Notice Requirement. To ensure high-quality submissions, a minimum of two (2) weeks' notice is required for the preparation, writing, and submission of any grant application. Boon shall not commence work on any grants that must be finalized and submitted within a two-week period from the request date.

(b) Late Requests. Requests for grant applications with less than two weeks' notice shall be reviewed on a case-by-case basis and may be subject to additional fees or declined based on current workload, at Boon's sole discretion.

(c) Application Fees. Any application fees associated with grant submissions are your sole responsibility. Boon shall not pay application fees on your behalf due to submission process requirements.

2.3 Funder Network Services

For subscription plans that include Funder Network Services, the following terms apply:

(a) Research and Guidance Only. Funder Network Services provide research, prospect information, and strategic guidance only. All outreach, relationship building, and fundraising activities are your sole responsibility.

(b) No Guarantees. Prospect Information is provided for informational purposes only and does not guarantee any funding, meetings, or relationships with any identified prospects.

(c) Compliance. You are solely responsible for ensuring that your outreach activities comply with all applicable laws, including anti-solicitation laws, fundraising regulations, and privacy laws in your jurisdiction.

3. SUBSCRIPTION AND PAYMENT

3.1 Subscription Fees

You agree to pay the subscription fees for your selected plan as displayed at checkout. Fees are based on the plan you select and are billed in advance on a recurring basis according to your billing cycle (monthly or as otherwise specified at checkout).

3.2 Payment Authorization

By providing your payment information during checkout, you authorize Boon and our payment processor to automatically charge the applicable subscription fees to your designated payment method on each billing date. This authorization remains in effect until your subscription is terminated in accordance with these Terms.

3.3 Payment Methods

Payment is processed through our third-party payment processor. You agree to provide accurate and complete payment information and to promptly update such information if it changes. You warrant that you have authority to use the payment method provided.

3.4 Failed Payments

If any payment fails, we will attempt to process the payment again. If payment cannot be collected, we reserve the right to suspend your access to the Services until all outstanding amounts are paid. You are responsible for any fees charged by your financial institution related to failed payments.

3.5 Late Payment

(a) Suspension. If payment is not received within seven (7) days of the due date, Boon reserves the right to suspend all Services until all outstanding balances are paid.

(b) Late Fees. A late fee of 2% of the outstanding balance may be assessed every seven (7) days the payment remains overdue, beginning the day after the due date.

(c) Collection Costs. You shall be responsible for all costs of collection, including reasonable attorneys' fees, if legal action becomes necessary to collect amounts owed.

3.6 Taxes

All fees are exclusive of applicable taxes. You are responsible for paying all taxes associated with your subscription.

3.7 Price Changes

Boon reserves the right to change subscription fees. We will provide you with at least thirty (30) days' notice of any price increase via email to the address associated with your account. If you do not agree to the new pricing, you may cancel your subscription before the price change takes effect. Your continued use of the Services after the price change becomes effective constitutes your acceptance of the new pricing.

3.8 Disputed Charges

If you dispute any charge, you must notify us in writing within five (5) business days of the charge date. The parties shall work together in good faith to resolve the dispute promptly. You agree not to dispute or reverse any properly charged payment through your financial institution without first attempting to resolve the dispute directly with Boon. Any unauthorized chargeback may result in immediate termination and your liability for all outstanding amounts plus a $75 administrative fee.

4. SUBSCRIPTION TERM AND RENEWAL

4.1 Initial Term

Your subscription begins on the date you complete checkout and continues for the initial term associated with your selected plan (the "Initial Term"), as displayed at checkout. Certain plans may require a minimum commitment period as disclosed at checkout.

4.2 Automatic Renewal

YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH TERM FOR SUCCESSIVE PERIODS OF THE SAME DURATION (EACH A "RENEWAL TERM"), UNLESS YOU CANCEL BEFORE THE RENEWAL DATE. YOU AUTHORIZE US TO CHARGE THE THEN-CURRENT SUBSCRIPTION FEE TO YOUR PAYMENT METHOD ON FILE AT THE START OF EACH RENEWAL TERM.

4.3 Renewal Pricing

Renewal pricing may differ from promotional or introductory rates. We will notify you of any price increases at least thirty (30) days before your renewal date via email to the address associated with your account. If you do not cancel before the renewal date, you accept the updated pricing.

4.4 Renewal Reminders

For subscriptions with annual or longer billing cycles, we will send a reminder to the email address on file at least fifteen (15) days before your renewal date.

4.5 Plan Changes

You may upgrade or downgrade your subscription plan at any time through your account settings or by contacting us. Upgrades take effect immediately and any difference in fees will be prorated. Downgrades take effect at the start of your next billing cycle; no refunds or credits will be provided for the current billing period.

5. CANCELLATION AND TERMINATION

5.1 Cancellation by You

You may cancel your subscription at any time through your account settings at the URL provided in your account dashboard, or by contacting us at the email address listed in Section 18 of these Terms. Cancellation will be effective at the end of your current paid term. You will retain access to the Services until the end of your paid term, but no refunds will be provided for partial periods.

5.2 Minimum Commitment

If your subscription plan includes a minimum commitment period as disclosed at checkout, early cancellation does not relieve your obligation to pay fees for the remainder of that commitment period. If you cancel during a minimum commitment period, you remain responsible for all fees through the end of that commitment period, and such amounts may be charged immediately upon your cancellation request.

5.3 Termination by Boon

Boon may terminate or suspend your subscription immediately, without prior notice or liability, for any reason, including but not limited to: (a) your breach of these Terms; (b) your failure to pay fees when due; (c) your engagement in fraudulent or illegal activity; or (d) conduct that we determine, in our sole discretion, to be harmful to Boon, other clients, or third parties.

5.4 Effect of Termination

Upon termination for any reason: (a) your right to access and use the Services will immediately cease; (b) you remain liable for all fees and charges incurred prior to termination, including any amounts due for the remainder of any minimum commitment period; (c) Sections 1, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 17 shall survive termination.

6. CLIENT RESPONSIBILITIES

6.1 Information and Materials. You shall provide all necessary information and materials requested by Boon in a timely manner to facilitate the provision of Services. You understand that delays in providing requested information may impact the quality and timeliness of Deliverables.

6.2 Accuracy. You shall be solely responsible for the accuracy and completeness of all information provided to Boon. Boon relies on the information you provide and is not responsible for verifying its accuracy.

6.3 Point of Contact. You shall designate a primary point of contact who is authorized to make decisions regarding the Services and shall ensure that such contact is available for consultations and approvals as reasonably required by Boon.

6.4 Updates. You shall notify Boon promptly of any changes to your organization, mission, programs, or financials that may affect grant applications or strategies.

6.5 Final Review. You are responsible for reviewing and approving all Deliverables before submission. Boon shall not be liable for any inaccuracies in information provided in any drafts or final versions of a grant application. You are responsible for the accuracy, completeness, and sign-off on each submission.

6.6 Outreach Activities. You acknowledge that all outreach, relationship building, and fundraising activities are your sole responsibility. Boon provides research and strategic guidance only.

7. CONFIDENTIALITY

7.1 Protection of Confidential Information. Each party shall protect the other party's Confidential Information with at least the same degree of care as it uses to protect its own confidential information, but in no event less than reasonable care.

7.2 Use of Confidential Information. Each party shall use the Confidential Information of the other party only for the purpose of performing its obligations under these Terms.

7.3 Disclosure Restrictions. Neither party shall disclose Confidential Information to any third party without the prior written consent of the disclosing party, except: (a) to its employees, contractors, and advisors who have a need to know and who are bound by confidentiality obligations at least as restrictive as those in these Terms; or (b) as required by law, provided that the receiving party gives the disclosing party prompt written notice of such requirement prior to disclosure and reasonable assistance in obtaining an order protecting the information from public disclosure.

7.4 Return of Materials. Upon termination of your subscription or upon the disclosing party's request, the receiving party shall promptly return or destroy all Confidential Information and copies thereof.

7.5 Duration. The confidentiality obligations under these Terms shall survive for a period of one (1) year following the termination of your subscription.

8. DATA SECURITY AND THIRD-PARTY SERVICES

8.1 Data Security Commitment. Boon maintains reasonable data security measures to protect Client Data. While data security, confidentiality, and privacy are priorities for Boon, you acknowledge the inherent risks involved in digital data storage and transmission.

8.2 Use of Technology Tools. Boon utilizes various technology tools, platforms, and services to store, process, and transmit Client Data in connection with the Services. Boon shall: (a) implement reasonable security measures when selecting and utilizing such tools; (b) opt out, where technically and commercially feasible, from programs that would allow Client Data to be used for training third-party artificial intelligence or machine learning systems; and (c) follow generally accepted industry practices for data protection.

8.3 Third-Party Access and AI Training Data

(a) You expressly acknowledge and agree that despite Boon's reasonable efforts, information provided by you or published online may be accessed by third parties, including but not limited to artificial intelligence companies, for purposes including but not limited to training AI models.

(b) You understand that the internet ecosystem and AI training methodologies exist largely outside of Boon's control, and that information, once digitized or published, may be collected, processed, or utilized by third parties in ways that cannot be prevented by Boon.

8.4 Limitation of Liability for Data Usage

(a) Boon shall not be responsible or liable for any Client Data that becomes part of any AI training dataset, regardless of how or when such data was obtained.

(b) Boon makes no warranties, express or implied, regarding the absolute security of any digital storage system or transmission method.

(c) You expressly waive any and all claims against Boon related to the use, misuse, or incorporation of your information in third-party systems, databases, or AI training datasets.

9. INTELLECTUAL PROPERTY

9.1 Pre-Existing Intellectual Property. Each party shall retain all right, title, and interest in and to its pre-existing intellectual property, including but not limited to methodologies, know-how, proprietary information, software, templates, and tools that existed prior to your subscription or were developed independently of the Services.

9.2 Client Materials. You shall retain all right, title, and interest in and to all Client Data provided to Boon. You grant Boon a limited, non-exclusive license to use Client Data solely for the purpose of providing the Services.

9.3 Grant Proposals and Deliverables. Subject to full payment of all fees due under these Terms, Boon hereby assigns to you all right, title, and interest in and to the final grant proposals and completed Deliverables specifically created for you.

9.4 Boon's Retained Rights. Notwithstanding the foregoing, Boon shall retain: (a) all rights in and to any templates, frameworks, methodologies, processes, techniques, and know-how developed or utilized by Boon in connection with the Services; (b) the right to use general knowledge, skills, and experience acquired during the performance of Services; (c) the right to create and use non-specific aggregate data or statistics derived from Client Data provided that such use does not identify you or contain your Confidential Information; and (d) the right to use certain Deliverables as portfolio examples with your prior written approval, which shall not be unreasonably withheld.

9.5 Marketing and Publicity Rights

You agree that Boon may: (a) include your name and logo in Boon's client list, website, social media, and promotional materials; (b) describe the general nature of the Services provided to you in Boon's marketing materials; (c) publish case studies, success stories, or testimonials featuring your results; (d) announce significant grant awards secured for you through press releases or social media; and (e) request you to provide testimonials or serve as a reference for potential clients.

You may revoke these marketing permissions at any time with respect to future materials by providing written notice to Boon, provided that Boon shall have a reasonable time to remove your information from digital properties and shall not be required to recall or destroy physical marketing materials already produced.

9.6 Third-Party Materials. Any third-party materials included in the Deliverables shall be subject to the terms of the applicable third-party licenses.

10. DISCLAIMER OF WARRANTIES

10.1 Mutual Representations. Each party represents and warrants that: (a) it has the legal power and authority to enter into these Terms; and (b) it shall comply with all applicable laws and regulations in performing its obligations hereunder.

10.2 Disclaimer

(a) BOON EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES NOT EXPRESSLY STATED IN THESE TERMS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

(b) BOON MAKES NO GUARANTEES OR WARRANTIES REGARDING THE AWARD OF ANY GRANTS OR THE SUCCESS OF ANY GRANT APPLICATIONS. YOU ACKNOWLEDGE THAT THE AWARDING OF GRANTS IS DETERMINED BY THIRD PARTIES AND IS OUTSIDE OF BOON'S CONTROL.

(c) BOON DOES NOT WARRANT THAT THE SERVICES WILL RESULT IN THE RECEIPT OF ANY GRANT FUNDING OR ANY PARTICULAR AMOUNT OF FUNDING.

(d) BOON MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY RESEARCH CONDUCTED OR INFORMATION PROVIDED REGARDING POTENTIAL GRANT OPPORTUNITIES OR FUNDERS.

(e) YOU ACKNOWLEDGE THAT SUCCESS IN OBTAINING GRANTS OR FUNDING DEPENDS ON NUMEROUS FACTORS BEYOND BOON'S CONTROL, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF FUNDING, THE COMPETITIVENESS OF THE GRANT PROCESS, THE QUALITY OF YOUR PROGRAMS AND FINANCIALS, AND THE DISCRETION OF THE GRANTOR OR FUNDER.

(f) YOU ACKNOWLEDGE THAT ALL OUTREACH, RELATIONSHIP BUILDING, AND FUNDRAISING ACTIVITIES ARE YOUR SOLE RESPONSIBILITY. BOON PROVIDES RESEARCH AND STRATEGIC GUIDANCE ONLY.

11. LIMITATION OF LIABILITY

11.1 Accuracy of Submissions. Boon shall not be liable for any inaccuracies in information provided in any drafts or final versions of a grant application. You are responsible for the accuracy, completeness, and sign-off on each submission.

11.2 AI Training. Boon shall not be held liable for any of your information that is used to train artificial intelligence models, regardless of how such information was obtained by the AI provider or when such training occurred. You expressly waive any claims against Boon related to the use of your information in AI training datasets.

11.3 Aggregate Liability Cap. IN NO EVENT SHALL BOON'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY YOU UNDER THESE TERMS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11.4 Exclusion of Damages. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) THE OTHER PARTY'S USE OR INABILITY TO USE THE SERVICES; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; OR (C) ANY OTHER MATTER RELATING TO THESE TERMS, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.5 Essential Purpose. The limitations of liability in this Section shall apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

12. INDEMNIFICATION

12.1 Your Indemnification Obligations

You shall indemnify, defend, and hold harmless Boon, its officers, directors, employees, agents, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, that arise out of or result from:

(a) Your breach of any representation, warranty, covenant, or obligation under these Terms;

(b) Any inaccurate or incomplete information provided by you that is incorporated into any grant application or Deliverable;

(c) Your use of the Deliverables in a manner not authorized by these Terms;

(d) Your failure to comply with applicable laws, rules, or regulations in connection with these Terms;

(e) Any claim that Client Data, or your use of the Deliverables in violation of these Terms, infringes or misappropriates the intellectual property rights of a third party or violates applicable law;

(f) Any claim related to commitments or representations made by you to any third party regarding any grant application or funding;

(g) Any claims arising from your outreach activities, communications with prospects, or fundraising efforts in connection with Funder Network Services;

(h) Any violation of anti-solicitation laws, fundraising regulations, or privacy laws in your jurisdiction related to your use of Prospect Information or networking activities; and

(i) Any misrepresentation made by you to prospects or third parties regarding Boon's role, recommendations, or the prospect research provided.

12.2 Indemnification Procedure

The indemnified party shall: (a) promptly notify the indemnifying party in writing of any claim, suit, or proceeding for which indemnity is claimed, provided that failure to so notify will not remove the indemnifying party's obligation except to the extent it is prejudiced thereby; (b) allow the indemnifying party to solely control the defense of any claim, suit, or proceeding and all negotiations for settlement; and (c) reasonably cooperate with the indemnifying party in the defense and settlement of any such claim, suit, or proceeding. The indemnifying party may not settle any claim without the indemnified party's prior written consent (which shall not be unreasonably withheld) if such settlement contains an admission of fault or wrongdoing by the indemnified party or requires the indemnified party to take or refrain from taking any action or to pay any amount.

13. DISPUTE RESOLUTION

13.1 Informal Resolution. The parties shall attempt in good faith to resolve any dispute arising out of or relating to these Terms through prompt negotiations between representatives who have authority to settle the dispute.

13.2 Mediation. If the dispute cannot be resolved through negotiation within thirty (30) days, the parties agree to submit the dispute to mediation before resorting to arbitration or litigation.

13.3 Jurisdiction. Any litigation arising out of or related to these Terms shall be brought exclusively in the state or federal courts located in Colorado, and each party consents to the personal jurisdiction of such courts.

14. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any choice of law or conflict of law provisions.

15. MODIFICATIONS TO TERMS

15.1 Right to Modify. Boon reserves the right to modify these Terms at any time. We will notify you of material changes by sending an email to the address associated with your account at least thirty (30) days before the changes take effect. For non-material changes, we will update the "Last Updated" date at the top of these Terms.

15.2 Acceptance of Changes. Your continued use of the Services after the effective date of any modifications constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you may cancel your subscription before the changes take effect in accordance with Section 5.

15.3 Current Terms. The current version of these Terms is always available on our website. We encourage you to review these Terms periodically.

16. FORCE MAJEURE

Neither party shall be liable for delays or failures in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, war, terrorism, riot, fire, government actions, or power or communication failures.

17. GENERAL PROVISIONS

17.1 Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Boon regarding the Services and supersede all prior discussions, agreements, or understandings, whether written or oral.

17.2 Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

17.3 No Assignment. You may not assign or transfer these Terms or your rights hereunder without the prior written consent of Boon. Boon may assign these Terms without restriction. Any attempted assignment in violation of this Section shall be void.

17.4 No Waiver. The failure of either party to enforce any provision of these Terms shall not be construed as a waiver of such provision or the right of such party thereafter to enforce such provision.

17.5 Relationship of Parties. The relationship between the parties is that of independent contractors. Nothing in these Terms shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties.

17.6 Notices. All notices required under these Terms shall be in writing and delivered by email. Notices to you will be sent to the email address associated with your account. Notices to Boon should be sent to the email address listed in Section 18. Notice is deemed given when sent.

17.7 Electronic Agreement. You acknowledge and agree that by clicking "I Agree" or a similar button, completing the checkout process, or using the Services, you are entering into a legally binding agreement and such actions shall have the same legal effect as a handwritten signature.

18. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

Boon

Email: hi@boonfunding.com

Website: boonfunding.com

By subscribing to Boon's services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.