Terms of Service

By accessing our website at theboostonline.com, submitting a contact form, executing a service agreement, or engaging The Boost Online LLC ("Company," "we," "us," or "our") for any services, you ("Client," "you," or "your") agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you are agreeing on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. We reserve the right to modify these Terms at any time. Material changes will be communicated via email or a prominent website notice. Continued use of our services after changes constitutes acceptance of the revised Terms.

The Boost Online LLC provides the following professional technology and digital marketing services:

• AI Development: Custom LLM integrations, retrieval-augmented generation (RAG) pipelines, fine-tuning, and embedding AI capabilities into client products.
• AI Agents & Automation: Design and deployment of autonomous AI agents, multi-step agentic workflows, and business process automation solutions.
• Cloud Solutions: Cloud infrastructure architecture, deployment, and managed services on AWS, GCP, and Azure; containerization and CI/CD pipeline setup.
• Web Development: Custom website and web application development using modern frameworks including Next.js, React, Node.js, and WordPress.
• App Development: Cross-platform mobile application development for iOS and Android using React Native, Expo, and Flutter.
• SEO Strategy: Technical SEO audits, on-page and off-page optimization, content strategy, and performance monitoring.
• Digital Marketing: Paid advertising (Google Ads, Meta Ads), social media management, email marketing campaigns, and conversion rate optimization.

Specific deliverables, timelines, fees, and project scope are defined in a separate Statement of Work (SOW) or Service Agreement executed between the parties. In the event of a conflict between these Terms and a signed SOW, the SOW controls.

General Payment Terms

• Projects typically require a 50% deposit before work commences, with the remaining balance due upon project completion or as specified in the SOW.
• Retainer-based services are billed monthly in advance.
• Invoices are due within 14 days of the invoice date unless otherwise agreed in writing.
• We accept payment via bank transfer (ACH), credit card, and wire transfer.

Late Payments

• Invoices not paid within 14 days are subject to a late fee of 1.5% per month (18% per annum) on the outstanding balance.
• We reserve the right to pause or suspend active work on any project with an overdue balance exceeding 14 days.
• Client is responsible for all reasonable collection costs, including attorney fees, incurred to collect overdue amounts.

Taxes
All fees are exclusive of applicable sales tax, VAT, or similar taxes. Where required by law, the Client is responsible for any applicable taxes.

To enable us to deliver services effectively, you agree to:

• Provide timely access to required accounts, systems, assets, and approvals as reasonably requested by us.
• Designate a primary point of contact with authority to make project decisions.
• Provide accurate and complete information regarding your business, goals, and technical environment.
• Review and provide feedback on deliverables within the timeframes specified in the SOW. Failure to respond within agreed review periods may result in schedule delays.
• Ensure that all content, materials, trademarks, and data you provide to us do not infringe any third-party rights.
• Not use our deliverables in any manner that violates applicable law.

Client Content
You retain all ownership rights to content, data, trademarks, and materials you provide to us. You grant us a limited license to use such materials solely to perform the contracted services. Company IP and Tools
We retain ownership of all pre-existing intellectual property, proprietary tools, frameworks, libraries, templates, methodologies, and general-purpose code developed independently of your project ("Company IP"). We may incorporate Company IP into your deliverables under a non-exclusive, perpetual license granted to you upon full payment. Custom Deliverables
Upon receipt of full payment, we assign to you all rights, title, and interest in the custom deliverables created specifically for your project, excluding any Company IP incorporated therein. This assignment is conditional on full payment of all invoices. Portfolio Rights
Unless expressly prohibited in writing, we reserve the right to display your project in our portfolio, case studies, and marketing materials with appropriate attribution. AI-Generated Content
Where deliverables incorporate AI-generated content, the legal ownership of such content is subject to evolving US copyright law. We make no representations regarding the copyrightability of AI-generated elements.

Both parties agree to keep confidential any non-public information disclosed during the engagement that is designated as confidential or reasonably understood to be confidential ("Confidential Information"). This includes but is not limited to business strategies, technical specifications, financial data, and proprietary processes. Confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no breach by the receiving party
• Was already known to the receiving party prior to disclosure
• Is independently developed by the receiving party
• Is required to be disclosed by law, court order, or government authority

These confidentiality obligations survive termination of the engagement for a period of 3 years.

Our Warranties
We warrant that:

• We have the right and authority to enter into these Terms and perform the services.
• Services will be performed in a professional and workmanlike manner consistent with industry standards.
• Deliverables will materially conform to the specifications agreed in the SOW at the time of delivery.

Disclaimer
EXCEPT AS EXPRESSLY SET FORTH ABOVE, ALL SERVICES AND DELIVERABLES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT ANY SPECIFIC BUSINESS RESULTS (SUCH AS SEARCH ENGINE RANKINGS, CONVERSION RATES, OR REVENUE) WILL BE ACHIEVED. SEO and digital marketing results are influenced by factors outside our control including search engine algorithm changes, market conditions, and competitor activity. We make no guarantee of specific ranking positions or traffic outcomes.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• IN NO EVENT SHALL THE BOOST ONLINE LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO US IN THE 3 MONTHS IMMEDIATELY PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

You agree to indemnify, defend, and hold harmless The Boost Online LLC and its members, officers, employees, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising out of or related to:

• Your breach of these Terms
• Your use of our services in violation of applicable law
• Content or materials you provide that infringe third-party intellectual property or other rights
• Your products or services sold or promoted using our deliverables

Termination by Client
You may terminate a project or service engagement with 30 days' written notice. Upon termination, you are responsible for payment of all fees for work completed up to the termination date, plus any non-cancellable third-party costs already incurred on your behalf. Deposits are non-refundable once work has commenced. Termination by Company
We may terminate or suspend services immediately, without liability, if:

• You fail to pay any invoice within 30 days of its due date
• You breach any material term of these Terms or a signed SOW
• You engage in unlawful, abusive, or fraudulent conduct
• Continuing the engagement would require us to violate applicable law

Effect of Termination
Upon termination, all licenses granted to you are revoked until full payment is received. Sections 6, 7, 8, 9, 10, 12, and 13 survive termination of these Terms.

Governing Law
These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Informal Resolution
Before initiating any formal dispute proceeding, the parties agree to first attempt to resolve the dispute informally by notifying the other party in writing and engaging in good-faith negotiations for a period of at least 30 days. Binding Arbitration
If informal resolution fails, any dispute arising out of or relating to these Terms shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Sacramento, California. The arbitrator's decision is final and binding and may be entered as a judgment in any court of competent jurisdiction. Class Action Waiver
You waive any right to participate in a class action lawsuit or class-wide arbitration against The Boost Online LLC. Exceptions
Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm, including protection of intellectual property.

For questions about these Terms of Service, contact us at: The Boost Online LLC
4451 Gateway Park Blvd, Sacramento, California 95834
Email: info@the-boost-online.com
Phone: +1 916-286-9210