Last Updated: December 27, 2024
At Boom, we’re on a mission to level the playing field for the 110+ million renters in the US by making housing more flexible, affordable, and rewarding. We aim to do so with transparency, trust and a best-in class organization, products and features.
Below is a formal description of what you can expect from using our service. We detail how the process works, including your rights as a user as well as our policies and procedures. Please read these terms in full as they contain important information on your legal rights, remedies and obligations.
By using the Boom Pay, Inc. (“Boom”, “we”, “us”, or “our”) website (www.boompay.app) (“Website”) or any other websites, or products, services and/or mobile applications owned or operated by Boom (collectively with the Website, the “Platform”), you are agreeing to these Terms of Use (these “Terms”), which we may update or amend from time to time as set forth herein.
Boom provides services to renters and housing providers to smooth the rental experience and help renters enjoy the benefits of renting. Any questions regarding these Terms may be directed to hello@boompay.app or via our chat functionality on the Boom website or in the Boom application. We may amend these Terms from time to time and will post notice of the latest version to the website. The revised version will be effective immediately after we post it. Changes will not apply retroactively. Your continued use of the services following
any update to these Terms will be deemed acceptance of the updated Terms. If you do not agree to the modified Terms, you should discontinue use of the Platform.
By accessing and/or using the Platform, you agree to these Terms. These Terms apply to any use of the Platform including (1) when you register a user account; (2) when you sign up for or receive any products or services provided through the Platform (collectively, the “Services”) and (3) when you use the Platform as a guest.
Protecting your personal information is a top priority for Boom. For information about our personal information practices, please read our Privacy Policy, which is hereby incorporated into these Terms. This policy explains how we treat and guard your personal information when you use the Platform and Services. The policy may be changed from time to time; changes will be effective upon posting to the Site.
The following terms shall have the meanings set forth in this section, or in the section they first appear.
5.1 User Account Registration: In order to access the Services, you must: 1) be over the age of 18, reside in the United States and have a non-VoIP, United States-based mobile number – Company in its sole discretion determines whether a mobile phone number is acceptable; 2) accept and agree to be bound by these Terms and our Privacy Policy; 3) complete registration with us to create a Boom account; 4) maintain your account in good standing; 5) provide all information requested by us, including but not limited to: your full legal name, phone number, valid email address, and, if applicable, Linked Account information. You represent and warrant that all information you provide to us is true, accurate, current and complete and agree not to misrepresent your identity, payment history, or relationship to Landlord in any way. You further agree to promptly notify us via the chat functionality within the Boom application or at hello@boompay.app of any changes to personal information relevant to your account. Please see our Privacy Policy as it governs our collection, use, storage and disclosure of your personal information.
You are solely responsible for maintaining the confidentiality of your account login information (SMS, email address and password). You agree not to authorize any other person to use your account for any purpose. Except as otherwise provided by applicable law, you are solely responsible for any actions, transactions or other activities performed using your account performed using your account. If you believe any of your account login information has been compromised, obtained or used by any other person, or you become aware of a breach of the security of the Services, you must notify us immediately via the chat functionality within the Boom application or at hello@boompay.app.
5.2 User Authorization When you register with Boom, you authorize us to create and maintain an account in your name using your account registration information and other information that may be collected about you in accordance with our Privacy Policy as part of providing our Services. By registering, you also specifically consent to let us request and receive your consumer report data and other data about you from third parties to include in your Member Profile and to share your rental payment history with third parties, as follows:
I understand that I am providing written instructions in accordance with the Fair Credit Reporting Act and other applicable law for Boom or its affiliated companies to request and receive copies of consumer reports, scores and related information about me from third party data repositories, including, but not limited to, Equifax, Experian, and TransUnion, and to provide my rental payment history for use and retention by the same. I understand that my instructions let Boom and affiliated companies obtain such information at any time for as long as I have a registered Boom account to use as described in the Terms of Use and Privacy Policy, and that the data I provide may be retained and owned by Boom and third party data repositories after I terminate my Boom account.
5.3 Fees and Termination. You agree to pay all applicable fees and taxes incurred by you or anyone using your account. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. Boom may, from time to time, modify, amend, or supplement its pricing and billing procedures, and such changes shall be effective immediately upon posting a link to an update of this Terms or posting such changes elsewhere on the Site. If there is a dispute regarding your payment of fees, or the Service, Boom shall have the right to terminate or suspend your account without prior notice. For the avoidance of doubt, if you purchase a monthly (or other periodic) membership, you agree and acknowledge that your subscription has an initial and recurring payment charge each month beginning on the date that your initial rent history is to ready to be reported to a credit bureau at the then-current subscription rate, and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Boom after the expiration date of your payment card. You agree that any applicable fees and other charges are non-refundable in whole or in part except as found in our Refund Policy. You are fully liable for all charges to your account, including any unauthorized charges.
5.4 Refund Policy. No refunds shall be provided except as provided in this section:
Where a Consumer enrolls with their landlord in a rent reporting program through Boom, such reporting, including refunds for charges, if any, is subject to the landlord’s terms and conditions.
Where a consumer enrolls directly with Boom, a BoomReport Consumer user has 7 days from the time of checkout to request a full refund.
The only exceptions to this policy for BoomReport Consumers are:
A BoomReport refund request made under this policy must be made by email to hello@boompay.app or via our chat functionality on our website or app. A refund request ticket must be created. The refund request ticket will serve as official proof of submission.
5.5 Cancellation and Termination. You have the right to cancel your subscription or your account at any time. You may cancel either your subscription or your account but for security purposes it must be done by email at hello@boompay.app or via our chat functionality. If you cancel a subscription, you may use your subscription until the end of your then-current subscription term. After you cancel your account, information previously shared with other users in Boom may remain viewable by those users until they delete such information. information provided for rent payment reporting remains the property of the data repositories to which it is provided.
Boom may at any time terminate your account if:
5.6 Effect of Account Termination or Cancellation. If you voluntarily terminate your account or allow your account to lapse, you may reactivate that account at any time by logging in to the Service through the Site and reactivating the account. There may be a fee associated with such reactivation. Accounts terminated by Boom for any type of abuse including, without limitation, a violation of these Terms, may not be reactivated for any reason.
Boom makes available Services through its Platform which enable consumers to create a Boom account in order to report their rental payment history, engage in rental applications, and other services.
BOOM IS NOT A PARTY TO ANY RENTAL TRANSACTIONS. BOOM DOES NOT OWN OR MANAGE THE PROPERTIES USING THE PLATFORM SERVICES, DOES NOT MAKE ELIGIBILITY DECISIONS OR TAKE ADVERSE ACTION, AND DOES NOT ENTER INTO RENTAL AGREEMENTS FOR THOSE PROPERTIES. AS A RESULT, BOOM SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR INFORMATION, THE CONTENTS OF ANY DOCUMENTS, OR FOR ANY OTHER INTERACTIONS BY, BETWEEN, OR AMONG USERS OR CLIENTS OF ANY KIND THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO ANY DECISION FOR ELIGIBILITY. IN THE EVENT THAT YOU HAVE A DISPUTE, YOU RELEASE BOOM FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Boom provides the following consumer services today to help renters. We encourage you to check back here for additional products coming in the near future.
6.1 BoomReport - BoomReport facilitates reporting consumer rental payments to the major credit bureaus. Boom is able to provide rent reporting services for any tenant who links their personal financial account and/or authorizes their Landlord to link their rental property management software account to Boom in order to verify in-scope rental payments. You may discontinue enrollment in Boom’s services at any time and can cancel your subscription, unless otherwise
required by your Landlord or other obligee. Depending on the contractual setup, fees may be charged to you, our partner Landlord, or both.
6.1.1 Renter Set-Up Process. If you are a renter, by submitting Information such as your name and rent amount, you agree that Boom may contact your landlord or property manager to verify such information if necessary. If you are a landlord or property manager, you acknowledge and agree that you have read the “Notice of Furnisher Responsibilities” linked here.
Boom has partnered with a third party vendor to verify identity. By using the Service, you agree to allow Boom to verify your identity through a database match (name, SSN, DOB) or ID verification. Boom has partnered with the vendor to allow you to securely link accounts so that we can execute and verify your payments. By using the Service, you agree to allow Boom to access the account details including transaction history without storing personal or sensitive information on Boom servers.
6.1.2 Consumer Reporting. Reporting with accuracy and integrity is a serious matter for Boom. If you believe there is an issue on your credit report that pertains to rental data reported by Boom, please send all disputes to hello@boompay.app or via our chat functionality. Our team will directly respond to all customer disputes within 5 business days. We aim to resolve disputes within 21 business days. Notwithstanding any other provision of these Terms, Boom at its sole discretion shall have the right but not the obligation to continue to verify the date of monthly rent payments through the remainder of the current lease term and report such payment history to one or more of the national consumer reporting agencies (TransUnion, Equifax and Experian).
6.1.3 Credit Illustration. We may use information you submit, your credit report and score, and data we have to analyze, sort, and present certain information or features to you, including to project the potential impact of our Services on your credit report. Any estimate we provide you is for illustration and credit education purposes only. Our projections are based on certain assumptions and use only the data we have, and are neither endorsed by, nor commissioned by, any of our partners, including the credit bureaus. We do not warrant or guarantee the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any estimates we provide, and we disclaim all liability for any errors or omissions in any such estimates. Boom will receive your credit score from one or more credit bureaus. These scores are for information purposes and may not be used by a lender to grant credit. You acknowledge that Boom is solely an intermediary between you and any consumer reporting agency or other information providers actually supplying your credit reports, credit scores and other information.
6.1.4 Boom’s Role, Client Marketing. Boom is not a credit repair organization, credit counselor, or financial or legal advisor under federal or state law. Use of our Services is not a replacement for personal, professional advice or assistance regarding your finances, credit history or your credit rating.
Client agrees that its marketing of any rent reporting services facilitated by Boom shall be consistent with applicable advertising laws. Any claims in advertisements by or on behalf of Client will be truthful, cannot be deceptive or unfair, and must be evidence-based. Further, Client or its agents shall not use the terms and/or phrases listed below in any marketing and/or advertising of the Services:
To prevent any attempts of fraud, Boom reserves the right to conduct a fraud review (“Fraud Review”) in our sole discretion on any payment made through the Services, and reject any payment we deem in good faith to be potentially fraudulent. Such Fraud Review will be conducted by our internal Fraud Review team according to our protocol and may include, but is not limited to: validating a balance in your Linked Account, validating your identity and the identity of your Landlord, and/or requesting an executed copy of your lease or other agreement proving your residency.
Use of the Platform may require a compatible mobile device and Internet access. Your ability to use the Platform may be affected by performance of these items. You acknowledge and agree that all such system requirements, which may be changed from time to time, are your responsibility, and your mobile carrier’s standard charges, data rates and other fees may apply. Further, you agree to always use the most recent version of the Platform made available by Boom.
9.1. Links from the Platform. The Platform may contain links to websites operated by other parties, including service providers that help fulfill transactions you authorize and partners that help make available the Services to you. Boom provides these links to other websites as a convenience and use of these websites is at your own risk. The linked websites are not under the control of Boom and Boom is not responsible for the content available on the other websites. Such links do not imply Boom’s endorsement of information or material on any other website and Boom disclaims all liability with regard to your access to and use of such linked websites. Your use of these linked sites is subject to additional terms imposed by the providers of those sites.
9.2. Links to the Site. Unless otherwise set forth in a written agreement between you and Boom, any consumers or businesses must adhere to Boom’s linking policy as follows: (a) the appearance, position and other aspects of any link to the Site may not be such as to damage or dilute the goodwill associated with Boom’s or its licensors’ names and trademarks; (b) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Boom; and (c) when selected by a User, the link to the Platform must display the Platform on full-screen and not within a “frame” on the linking website. Boom reserves the right to revoke its consent to the link at any time and in its sole discretion.
Boom may provide experiences on social media platforms such as Facebook®, Twitter® and LinkedIn® that enable online sharing and collaboration among users who have registered to use them. Any content you post, such as pictures, information, opinions, or any personal information that you make available to other participants on these social platforms, is subject to the terms of use and privacy policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.
11.1 General Consent. When you establish your account, you provide your express written consent for Boom, its vendors and partners to communicate with you telephonically or by electronic message regarding administrative, security and other issues relating to your use of the Platform, with exceptions per communication channel (email, telephonic) and communication type (Marketing, Transactional) as noted below. Communication will be made primarily through use of text and email messages to the contact addresses you used to register your Account.
11.1 Email Use Consent. By providing your email address and accepting these Terms of Use, you consent to receive email communications from us, including both Transactional emails (notifications, updates, service-related messages) and Marketing emails (promotional offers related to our services). Specifically, you acknowledge that:
11.2 Telephonic Use Consent. Boom manages its telephonic use consents in two groups, both of which you will be opted into unless otherwise mentioned on the opt-in page specific for the product or service you are using (for example, on
the page where you enter your phone number for a specific service, such as BoomScreen where you may opt into only Transactional messages):
This express consent applies to every telephone number that you provide to us now or in the future. You will notify us immediately if you change or surrender any telephone number you have provided to us. You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to us or our service providers for the duration of your business relationship, to help them identify you or your wireless device and to prevent fraud.
11.2.1 Messaging Rates and Compatibility. Message and data rates may apply. We, our service providers, and the wireless carriers are not liable for undelivered or delayed text messages. We do not warrant that our Services will be compatible with your mobile device or carrier. Your use of our Services may be subject to the terms of your agreements with your mobile device manufacturer or carrier. Please consult your wireless provider with any questions about your text or data plan.
11.2.2 Opting Out of Messages. You can cancel telephonic use at any time. If you want to opt-out of text messages from a certain phone number, text “STOP”, “CANCEL”, “END”, “QUIT”, OR “UNSUBSCRIBE” in response to that respective message. We will send you a text message to confirm that you have been unsubscribed. Text “HELP” in response to a message from us if you want more information about messages.
By creating an account for Services, you acknowledge and agree:
Please read this Federal ESIGN disclosure and consent carefully and keep a copy for your records. Your consent is voluntary, but we cannot provide the Services to you if you do not consent. If you are unwilling to receive these disclosures and notices electronically, you may terminate the creation of your account by closing your browser at any time before you create an account.
12.1 Accurate Contact Information. It is your responsibility to provide us with true, accurate, and complete contact information, such as email address, and other information related to your account, and to maintain and update promptly any changes in this information. If you give us an incorrect email address or fail to update or correct your email address, an electronic communication will be deemed provided to you if we use the email address in our records for the electronic communication.
12.2 Scope of Communications to Be Provided in Electronic Form. Your consent to receive electronic communications and transactions includes, but is not limited to, all legal and regulatory notices or disclosures and communications associated with your account, and any Service we agree to provide you (each, a “Communication”).
How to Withdraw Consent
You may at any time withdraw your consent to receive Communications in electronic form. To begin receiving Communications in paper form, please contact us at the following address: Boom, 1401 Lavaca St., #1036, Austin, TX, 78701, Attn: Legal. Please specify the information you wish to receive in paper form. Be sure to state that you are requesting a copy of the disclosures, notices, etc., and include your name and mailing address. Your request will apply only to those specific items you designate. We will not impose any fee to process the withdrawal of your consent to receive electronic Communications. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal.
Required Equipment
In order to use the Services and to view and retain a copy of this Policy and certain Communications, you understand that you must have a computer or device equipped with at least: a browser with 128-bit encryption, a current version of a software that can open and display PDF files (e.g., Adobe), and either a printer or other electronic storage device.
Retaining Copies of the Communications
To retain a copy of any Communication we provide electronically, you can download an electronic copy to your computer or a storage device (such as a disk or USB storage device), request a copy by email, or print copies on a printer attached to your computer. You will not be charged for a downloaded or emailed copy.
You are solely responsible for the content, information, images, videos and text (“Content”) that you post, upload, transmit, publish or display on or through the Platform (hereinafter, “post”). You will not provide inaccurate, misleading or false information to Boom or to any other user. If information provided to Boom or another user subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. You will not post on the Platform, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
Without limiting the previous paragraph, you may not post any Content or use the Platform in any way that:
Your use of the Platform, including but not limited to the Content you post on the Platform, must be in accordance with any and all applicable laws and regulations. You will only send messages via the Platform to people who have expressly agreed to receive such messages from you. Boom, has the right, but not the obligation, to monitor all conduct on and Content submitted to the Platform.
All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by Boom or you. In the event of account termination for any reason, Boom may, but is not obligated to, delete any of your Content (as defined in Section 13). Boom shall not be responsible for the deletion of (or failure to delete) such Content.
16.1 License. Subject to your compliance with these Terms, Boom grants to you a limited, non-exclusive, non-transferable license to access and use the Platform during the term of these Terms solely for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sub-licensed to anyone else.
These Terms apply to your use of all the Platform, including the iOS and Android applications available via the Apple, Inc. (“Apple”) App Store (the “Application”) or via the Google Play Store ("Google") but the following additional terms also apply to the Platform:
You agree to indemnify and hold harmless Boom, its subsidiaries, affiliates, related parties, officers, directors, employees, agents, suppliers, independent contractors, advertisers, partners and co-branders from any loss, damages, or costs, including without limitation reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of or access to the Platform, your violation of any third party proprietary or other rights, or breach of these Terms.
Disclaimer of Warranties; Limitation of Liability
ARBITRATION AND CLASS ACTION WAIVER.
These Terms are the complete and exclusive agreement between you and Boom with respect to the subject matter of these Terms, and they supersede all prior or contemporaneous, oral or written, proposals, understandings, representations, conditions, warranties, and all other communications between you and Boom with respect to the subject matter of these terms. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Boom without restriction. These Terms may not be explained or supplemented by any prior course of dealings or trade by custom or usage. These Terms shall be governed by the laws of Texas, notwithstanding any principles of conflicts of law. The section headings used herein are for convenience only and will not affect the interpretation of these Terms. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and neither party has any authority of any kind to bind the other in any respect.
We want you to be well-informed and happy. Any questions, complaints or claims with respect to the Service or Platform should be sent via the chat functionality within the Boom application or to hello@boompay.app.