Effective Date: January 1, 2025
Last Updated: January 2025
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client", "you", or "your") and Boomi Tech Solutions LLC ("Boomi Tech", "Company", "we", "us", or "our"), governing your access to and use of our website, services, products, and platforms (collectively, the "Services").
BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. If you do not agree to these Terms, you must immediately cease all use of our Services.
Boomi Tech Solutions provides professional technology services including but not limited to:
Specific service terms, deliverables, timelines, and pricing shall be defined in separate Service Agreements, Statements of Work (SOW), or Order Forms executed between the parties.
You must be at least 18 years old and have the legal capacity to enter into binding contracts. By using our Services, you represent and warrant that you meet these requirements.
If you are accessing Services on behalf of a company or organization, you represent that you have authority to bind that entity to these Terms.
You are responsible for maintaining the confidentiality of account credentials and for all activities under your account. Notify us immediately of any unauthorized access.
All service engagements begin with a written proposal, quote, or SOW. Services commence only upon mutual execution of a binding agreement and receipt of required deposits or payments.
We will perform Services in accordance with the agreed scope. Any changes, additions, or modifications require written approval and may result in additional fees and timeline adjustments.
Clients must:
Failure to meet these responsibilities may result in project delays, additional costs, or termination of services.
Fees are specified in the applicable Service Agreement or SOW. All prices are in USD unless otherwise stated. We reserve the right to modify pricing with 30 days' notice for ongoing services.
Unless otherwise agreed in writing:
Late payments incur interest at 1.5% per month (18% annually) or the maximum rate permitted by law, whichever is lower. We may suspend services for accounts more than 15 days overdue and terminate for accounts more than 30 days overdue.
Client is responsible for reimbursing pre-approved expenses including third-party services, licenses, hosting fees, and travel costs (if applicable).
All fees are exclusive of applicable taxes. Client is responsible for all sales, use, VAT, GST, and other taxes (excluding taxes based on our income).
All payments are non-refundable except as expressly provided in a Service Agreement. Deposits and advance payments are non-refundable once work has commenced.
We retain all rights, title, and interest in: (a) our pre-existing intellectual property, tools, frameworks, methodologies, and technologies; (b) any improvements or derivatives thereof; (c) our brand assets, trademarks, and proprietary materials. These remain our exclusive property regardless of incorporation into Client deliverables.
Upon full payment of all fees, Client receives ownership of custom deliverables specifically created for Client ("Work Product"), excluding Company IP. Until full payment, all Work Product remains our property.
We grant Client a non-exclusive, non-transferable license to use Company IP incorporated in deliverables solely for Client's internal business purposes. Client may not reverse engineer, modify, or redistribute Company IP.
Client grants us a non-exclusive license to use Client-provided materials solely to perform Services. Client represents it has all necessary rights to provide such materials.
We may use project details, anonymized case studies, and non-confidential aspects of Work Product for marketing, portfolio, and promotional purposes unless Client objects in writing.
Each party agrees to protect the other's confidential information with the same degree of care used for its own confidential information (but no less than reasonable care). Confidential information includes business plans, technical data, customer information, and proprietary materials.
Confidentiality obligations do not apply to information that:
Confidentiality obligations survive for 5 years after disclosure or termination of the relationship, whichever is later.
We warrant that Services will be performed in a professional and workmanlike manner consistent with industry standards. For 30 days after delivery, we will correct material defects in Work Product at no additional charge.
EXCEPT AS EXPRESSLY PROVIDED, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT SERVICES WILL MEET YOUR REQUIREMENTS OR THAT OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE.
We are not responsible for third-party services, platforms, APIs, or tools integrated into solutions. Client is responsible for compliance with third-party terms and licenses.
We do not guarantee specific business results, revenue, cost savings, ROI, or other outcomes from use of our Services.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY CLIENT IN THE 12 MONTHS PRECEDING THE CLAIM, OR $10,000 USD, WHICHEVER IS GREATER.
IN NO EVENT SHALL WE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These limitations do not apply to: (a) our gross negligence or willful misconduct; (b) death or personal injury caused by our negligence; (c) fraud or fraudulent misrepresentation; or (d) liabilities that cannot be limited by law.
Any claim must be brought within 12 months after the cause of action arises, or it is permanently barred.
Client agrees to indemnify, defend, and hold harmless Boomi Tech, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:
We will indemnify Client against third-party claims that Work Product (excluding Client materials and third-party components) infringes intellectual property rights, provided Client: (a) promptly notifies us; (b) grants us sole control of defense; (c) cooperates reasonably. Our obligation is limited to obtaining rights, modifying deliverables, or refunding fees paid.
These Terms remain in effect while you use our Services. Service Agreements specify engagement duration.
Either party may terminate ongoing services with 30 days' written notice. Client remains liable for all fees for work performed through the termination date plus any non-cancellable commitments.
Either party may terminate immediately if the other party: (a) materially breaches these Terms and fails to cure within 15 days of written notice; (b) becomes insolvent or subject to bankruptcy proceedings; (c) ceases business operations.
Upon termination:
You agree NOT to:
Violation may result in immediate termination and legal action.
Before initiating formal proceedings, parties agree to negotiate in good faith for 30 days to resolve disputes.
Any dispute not resolved informally shall be resolved by binding arbitration under the American Arbitration Association (AAA) Commercial Arbitration Rules. Arbitration shall be conducted in Sheridan, Wyoming, USA, or remotely by mutual agreement. The arbitrator's decision is final and binding.
Either party may seek injunctive relief in court for intellectual property infringement, confidentiality breaches, or unauthorized use of Services.
DISPUTES MUST BE BROUGHT INDIVIDUALLY. YOU WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.
These Terms are governed by the laws of the State of Wyoming, USA, without regard to conflict of law principles. Any court proceedings (where arbitration does not apply) shall be brought exclusively in state or federal courts located in Sheridan County, Wyoming. You consent to personal jurisdiction and venue in these courts.
These Terms, together with any Service Agreements and SOWs, constitute the entire agreement and supersede all prior agreements and understandings.
We may modify these Terms at any time by posting updated Terms on our website. Material changes will be notified via email. Continued use after changes constitutes acceptance.
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with mergers, acquisitions, or asset sales.
Neither party is liable for delays or failures due to circumstances beyond reasonable control (natural disasters, war, terrorism, pandemics, government actions, internet failures, etc.).
If any provision is found invalid or unenforceable, the remaining provisions remain in full effect.
Failure to enforce any provision does not constitute a waiver of that or any other provision.
The parties are independent contractors. Nothing creates a partnership, joint venture, agency, or employment relationship.
These Terms do not confer rights on any third parties.
Notices must be in writing and sent to the addresses specified in Service Agreements or to mydearkarthikeyan@gmail.com.
Services and deliverables may be subject to U.S. export controls. Client agrees to comply with all applicable export and import laws.
For questions about these Terms, contact us:
Boomi Tech Solutions LLC
Email: mydearkarthikeyan@gmail.com
Phone: +91 9789998455
Address: 30 N Gould St Ste R, Sheridan, WY 82801
EIN: EIN: 35-2822033
BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE, DO NOT USE OUR SERVICES.