BoomSonar Suite

ACCEPTANCE OF OUR TERMS

Welcome to TTBOOM DİJİTAL İNTERAKTİF MEDYA REKLAM AJANSI VE BİLİŞİM HİZM. A.Ş. (“TTBOOM”). This document outlines the Terms of Service (“Terms”) which form a legally binding agreement between you (the user or customer) and TTBOOM. These Terms apply to your use and access of our products and services, including any trial or paid subscription offerings (“Products”).

When we mention “you” or “your” in this agreement, it refers to you, the individual using our services.

Before accessing, purchasing, or utilizing our services, including free trials, you must agree to these Terms.

Should you have any questions or concerns about any part of these Terms, please refrain from purchasing or using our services and contact us at info@ttboom.com for clarification.

If you’re accepting these Terms on behalf of an organization, company, or other legal entity (“Entity”), you confirm that you’re authorized to do so. This agreement binds not only the Entity but also any of its Affiliates to these Terms. Here, “Affiliates” refers to any entity that has control over, is under the control of, or is under common control with the party, where “control” is defined as owning more than 50% of voting shares or similar interests. In this scenario, references to “you” or “Customer” include both the Entity and its Affiliates. For individual users authorized by a Customer, these Terms are applicable as far as relevant to Users. If you are not authorized to bind the Entity to these Terms, or if you disagree with these Terms, please do not accept the Terms or access or use the Products.

You also confirm that the information you have provided for registering and using the Products is accurate, complete, and lawfully yours to provide.

Remember that our product is for commercial and company use only and you will need to provide your company details such as address and VAT number to complete your registration.

OUR PRODUCTS & SERVICES

Our Products are accessible through various platforms, including web and mobile applications, collectively referred to as “Applications.” You can access these Applications through our websites, https://www.boomsonar.com and https://www.ticktockboom.com, as well as any other future sites where they may be available (referred to collectively as “Sites”).

Your access to different features and services depends on the subscription plan (“Plan”) you select. If you have a service order, it will detail your specific Plan.

Please be aware that we may change the features and functionalities of our Products at our discretion. This could involve adding new features, which might be free or require additional fees, as determined solely by us. Sometimes, accessing these new features might require you to agree to extra terms within the Application. We reserve the right to change our Products without necessarily notifying you. Please note that we are not liable for any changes we make, including modifications, price changes, or discontinuation of Products.

For comprehensive information about our Products & Services, please visit https://www.boomsonar.com.

Any extra features you add to your Plan, such as additional listening, analytics, reports, customer service enhancements, or more users, profiles, groups, brand keywords, and other functionalities, are also governed by these Terms. This includes any services we provide related to the Products, like implementation, training, or consulting services.

USE OF THE SERVICE

Under these Terms of Service (ToS), and upon payment of the subscription fee, we grant you a limited, non-exclusive, non-assignable, non-sublicensable, and revocable right to access and use the Service included in your subscription plan. This right is for your internal use only and allows Authorised Users to use the Service in strict compliance with these ToS. Please note that this does not involve acquiring any software or receiving any copies of software. Your use of the license is contingent upon adherence to these ToS.

You are obliged to use reasonable efforts to prevent unauthorized use of our Products and must promptly inform us if any such use is discovered. Should unauthorized use occur, you are required to take immediate action to stop it and cooperate with us in preventing further unauthorized use. Our Products support two-factor authentication for login security. By using our Products, you acknowledge that TTBOOM is not liable for damages, losses, or liabilities that could have been prevented by your implementation of this feature.

 

If suspicious activity is detected on your account, we may temporarily block access to the account for 24 hours as a security measure.

Regarding usage restrictions, you agree not to:

• Reproduce, modify, duplicate, create derivative works from, or copy any portion of the Service, or distribute or display it to third parties.
• Commercially exploit the Service, including selling, reselling, leasing, or distributing it, or allowing public access or framing it on other platforms.
• Attempt to reverse engineer, decompile, or hack the Service, or try to acquire the source code of any software within the Service, or gain unauthorized access to the Service.
• Use the Service to upload or disseminate false, misleading, defamatory, unlawful, racist, or discriminatory content.
• Access the Service to create a competing product or service or for competitive analysis.
• Use the Service in a way that interferes with its functionality or disrupts the Service.

You also agree not to use, or allow the use of, content derived from our Products for:

• Surveillance, intelligence gathering, investigating, or tracking social media users or their content in a manner that violates privacy or legal rights.
• Monitoring sensitive events like protests or rallies.
• Conducting surveillance or research that isolates groups or individuals on social media for unlawful or discriminatory purposes.
• Targeting, segmenting, or profiling individuals based on sensitive personal information, including health, financial status, political beliefs, racial or ethnic origins, religious or philosophical beliefs, sexual orientation, trade union membership, criminal allegations, or other sensitive personal data prohibited by law.

 

REGISTERING USERS ON OUR APPLICATION

As a Customer, when you add Users to your account, it is your responsibility to ensure each User agrees to and follows these Terms. You hold responsibility for all content, including data, messages, and other materials, that you or your Users create or transmit using our Applications (“Content”). It is important to note that each login should only be used by one individual. Sharing a login between multiple people is not permitted. You must keep your login and account details confidential and are responsible for any activities that happen under your login or account.

Any trading, transferring, or selling of access to your login or account to another party is prohibited, unless explicitly agreed to in writing by TTBOOM.

As a User of our services, you confirm that you:

• Are 18 years of age or older.
• Are not barred or restricted from having a BoomSonar Suite & BoomSocial account.
• Are not a competitor of Tick Tock Boom and are not using the Products for competitive purposes against BoomSonar Suite & BoomSocial.

 

 

AVAILABILITY OF SERVICE

 

We commit to making commercially reasonable efforts to ensure that our Applications remain available and accessible to you. However, there may be times when the Applications become unavailable. Such downtime could be due to maintenance activities (routine or emergency), repairs, upgrades, or other factors outside our reasonable control, including disruptions in Third Party Services or issues with application programming interfaces (“APIs”) and integrations.

Please be aware that any interruptions in access to our Applications do not constitute grounds for terminating your subscription or for requesting full or partial refunds or credits of any prepaid and unused subscription fees.

OUR USE OF THIRD PARTY INTEGRATIONS AND SERVICES

Our Applications offer the capability to link with and utilize various external third-party products, services, or software as part of your experience with our Applications and Products. These are collectively referred to as “Third Party Services.” Examples include social media networks and other integration partners. To leverage these functionalities, you may need to register or log in to these Third Party Services on their respective websites or applications.

 

When you enable our Applications to interact with a Third Party Service, you authorize the transfer of a secure authentication token from that Third Party Service to our Products for this specific purpose. It’s important to understand that your use of any Third Party Service is subject exclusively to the terms and conditions, acceptable use policy, privacy policy, or other similar agreements of that Third Party Service. Examples of such Third Party Services include, but are not limited to:

Twitter: https://www.twitter.com/tos,

Youtube: https://www.youtube.com/t/terms

Google: https://policies.google.com/privacy

TikTok: https://www.tiktok.com/legal/page/row/terms-of-service/en

Please note that we, TTBOOM, are not liable for any damages or losses that may arise from your use of Third Party Services or your reliance on their policies, privacy practices, and data security measures. Additionally, we are not responsible for any alterations or deletions to your data made by these Third Party Services.

Our Products may offer features that depend on the availability and functionalities provided by these Third Party Services. We do not have control over the features and functionalities of these services, and they may change without notice to us. If a Third Party Service modifies, discontinues, or restricts access to features or functionalities that our Products rely on, we may consequently have to modify or discontinue certain features of our Products. In such cases, we are not obligated to provide refunds or liable for any resulting damages or losses. By using our Products, you acknowledge this and irrevocably waive any claims against TTBOOM related to such Third Party Services.

For information on how to disconnect our Service from your social media accounts or manage permissions granted to our Service, please refer to the relevant help or settings pages of the respective social media platforms.

Facebook and Instagram: https://www.facebook.com/help/942196655898243

Twitter: https://help.twitter.com/en/managing-your-account/connect-or-revoke-access-to-third-party-apps

Linkedin: https://www.linkedin.com/help/linkedin/answer/a519947/third-party-applications-data-use

YouTube: https://myaccount.google.com/permissions

 

PAYMENT TERMS

Your billing details, including the subscription term, are outlined in your service order. Payment is due upon receipt of our invoice. If payment is not received within thirty (30) days of the invoice issue date, we may suspend your account, resulting in loss of access to the Products.

Unless indicated differently in your service order, your Plan will automatically renew at the end of each subscription term. To cancel your Plan, you must send a cancellation notice via email to finans@ttboom.com at least thirty (30) days before the end of your current subscription term.

TTBOOM reserves the right to increase subscription fees upon each renewal.

If you decide to upgrade your Plan or add any additional features (Add-Ons) during your subscription term, the current price for these upgrades or Add-Ons will be charged. This charge will be prorated based on the remaining days in your subscription term. Unless your service order specifies otherwise, any upgrades or Add-Ons will align with your existing Plan’s duration and will also automatically renew at the end of your subscription term.

If you choose to downgrade your Plan or remove any Add-Ons, please note that no refunds or credits will be issued for unused and prepaid fees. Downgrading may result in the loss of content, features, or capacity of your account. TTBOOM is not liable for any loss that occurs due to downgrading your Plan.

CANCELLATION AND TERMINATION

To terminate your subscription, you can either unsubscribe within your registered account or contact customer service at support@boomsonar.com before your subscription renewal date. Please be aware that there will be no refund of the subscription fee if you terminate your subscription before the end of your current plan. However, you will retain access to the Service until the end of that term.

We reserve the right to limit the functionality of the Products or temporarily suspend your account if we have reasonable grounds to believe that you’ve violated these Terms. In cases where immediate action is not required, or where we are not legally prohibited from doing so, we will attempt to notify you by email before taking such action. We bear no liability to you or any third parties for these actions.

 

Your account and access to the Products may be terminated by us for several reasons, including but not limited to:

• Non-compliance with these Terms.
• Failure to pay fees as per the terms of your Plan.
• At the end of your subscription period, if we have provided prior written notice.
• Involvement in bankruptcy, insolvency, liquidation, or similar proceedings.
• Actions that could significantly harm the reputation of TTBOOM or affect our partners or customers.

Termination by us for these reasons does not entitle you to any refunds for prepaid, unused fees, and you must still pay any fees due up to the date of termination. Unpaid fees under your Plan remain payable.

Suspected fraudulent, abusive, hateful, discriminatory, or illegal activity may lead to immediate termination of your use of the Product and could be reported to law enforcement authorities.

MONITORING USAGE AND COMPLIANCE

By agreeing to these Terms of Service (ToS), you acknowledge that we reserve the right to monitor your usage of the Service. This is to ensure that your use aligns with these ToS and the specifics of your subscription plan.

If we discover that you have used, or allowed others to use, the Service in a way that violates these ToS, we retain the right to take actions including terminating your subscription, disabling your account, or suspending your access to all or part of the Service. These actions will be taken without incurring liability on our part and without affecting our other rights under these ToS.

 

CONFIDENTIAL INFORMATION

In the context of these Terms, “Confidential Information” refers to any non-public information shared by one party with the other, whether it’s conveyed in writing, spoken, or accessible through other means. This includes information that would typically be regarded as confidential by a reasonable person, or that is explicitly labeled as “confidential” or “proprietary” by the party disclosing it.

However, the term “Confidential Information” does not include information that:

 

• Was already publicly available or entered the public domain before being disclosed by the party sharing the information.
• Becomes publicly known after its disclosure, not due to any breach of these Terms by the party receiving it.
• Was already in the possession of the party receiving it at the time it was disclosed.
• Is received from a third party who is not violating any confidentiality agreements.
• Is developed independently by the party receiving it, without using or referring to the Confidential Information provided by the disclosing party.

DATA PRIVACY

Usage of Your Data

To address your service requests effectively and to provide you with access to our Application and Products, we may access your data. We may share your data with third parties in certain situations, such as when it’s required by law, when you have given your permission, or as outlined in our TTBOOM Privacy Policy (“Privacy Policy”).

Compliance with Privacy Policy

You consent to all actions we take with your data, as long as these actions are in line with our Privacy Policy. Before sharing your data with any third-party service providers, we commit to taking steps to ensure they maintain commercially reasonable practices for data confidentiality, security, and prevention of unauthorized access. Your data will not be shared with third parties for their independent marketing purposes.

Your Representations and Responsibilities

You affirm and guarantee that your Content has not been collected, stored, or transferred to us in violation of any laws, regulations, or contractual obligations applicable to you. You are solely responsible for the accuracy, quality, and legality of the Content, as well as the methods used to acquire it.

 

LIMITATION OF LIABILITY

Under no circumstances shall either party or its affiliates be liable to the other party for any indirect, special, incidental, consequential, exemplary, enhanced, or punitive damages under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, or otherwise. This includes but is not limited to lost profits, revenue, business, or data; business interruption; or loss of goodwill or reputation, even if a party has been advised of the possibility of such damages or if such losses were foreseeable.

The Service and all materials and content are provided on an “as is” and “as available” basis without any warranties. We expressly disclaim all warranties, representations, conditions, and terms of any kind, whether express or implied by statute, common law, or otherwise, including but not limited to any implied warranties of merchantability, quality, or fitness for a particular purpose, to the extent permissible under applicable law.

We do not guarantee that:

• The Service will be accurate, complete, or reliable.
• Your use of the Service will be uninterrupted.
• The website or the Service will be free of errors or viruses.
• You will achieve specific results from using the Service.

 

You may find links to other websites, portals, files, or content through the Service and the website. We do not verify the content of these external links and have no control over them. We are not liable for any content, services, or products accessed through these links. The presence of these links on our Service or website does not imply our endorsement of the linked websites, their content, or their owners.

INTELLECTUAL PROPERTY RIGHTS

Ownership of Products and Intellectual Property

We, TTBOOM, hold and retain all rights, titles, and interests in the Products, including but not limited to patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how, and any other intellectual property and/or proprietary rights related to the Products. Using the Products under these Terms does not grant you any additional rights or ownership in the Intellectual Property Rights associated with the Products. Subject to your adherence to these Terms and upon your subscription, we grant you a non-exclusive, non-transferable, non-sublicensable, and revocable right to access and use our Products and Applications.

Your Content

You retain ownership of all Content you provide to us. By providing Content, you grant us a non-exclusive, revocable, worldwide, limited, fully paid-up, and royalty-free right to use, copy, modify, distribute, publish, remove, retain, and process this information solely for the purpose of delivering the Applications and Products to you and your Users. You assert and guarantee that you have the right and authorization to submit the Content, and that it is accurate and not in breach of any contractual obligations or third-party rights.

Service License

By subscribing to our Service, you receive a limited, non-exclusive, non-assignable, non-sublicensable, revocable license to access and use the Service as per your subscription plan. This license is strictly conditioned on your compliance with these Terms of Service.

Feedback and Suggestions

While not obligatory, if you provide any feedback, suggestions, requests, recommendations, or other comments about our Products, you assign to us all of your global rights, titles, and interests in these inputs, including all Intellectual Property Rights contained therein. If requested by TTBOOM or its successors, you agree to execute any documents necessary to effectuate this assignment. You also waive any rights of approval regarding our use of the rights granted herein and any moral rights you may have in the feedback or suggestions, regardless of whether they are altered in a manner not agreeable to you. You acknowledge that you will not receive any form of compensation for the rights granted in this section. Our acceptance of your feedback or suggestions does not recognize their novelty, priority, or originality, and does not affect our rights to any existing or future Intellectual Property Rights.

GOVERNING LAW

These Terms are to be interpreted and enforced entirely in accordance with the laws of Turkey. In case of any disputes stemming from these Terms of Service or your use of the Service, such disputes will fall under the exclusive jurisdiction of the courts in Turkey.