Terms of Service

Welcome to Boomoji!
These Terms of Service (which we call the "Terms") form a legally binding contract between you and Nixi Ltd. So please read them carefully. By using the Boomoji website, or the Boomoji mobile application (collectively, our "Services"), you agree to these Terms. If you don't agree with these Terms, then don't use our Services.

1. Who Can Use our Services

We may offer additional Services with additional terms that may require you to be even older to use them. So please read all terms carefully. By using the Services, you state that:

  • You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent.
  • You are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties, and indemnification set forth in these Terms of Use,and to abide by and comply with these Terms of Use.
  • You can form a binding contract with Nixi Ltd.;
  • You are not a person who is barred from receiving our Services under the laws of the United States or any other applicable jurisdiction-meaning that you do not appear on the U.S. Treasury Department's list of Specially Designated Nationals or face any other similar prohibition; and
  • You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

If you are using our Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.

2. Rights We Grant You

Nixi Ltd. grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use our Services. This license is for the sole purpose of letting you use our Services in a way that these Terms allow.

Any software that we provide may automatically download and install upgrades, updates, or new features. You may be able to adjust these automatic downloads through your device's settings.

You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.

3. Rights You Grant Us

Some of our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content, including in connection with marketing and promotions. You also grant us and our affiliates a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, publicly perform, and publicly display your content in any form and in any and all media or distribution methods (now known or later developed). While we're not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including if we think your content violates these Terms. However, you alone remain responsible for the content you create, upload, post, send, or store through our Services.

Any feedback or suggestions you submit about our Services or any other Nixi Ltd. products or services are non-confidential and will become the sole property of Nixi Ltd. This means that we can use your feedback and suggestions without compensating you.

4. Content of Others

Some of the content on our Services is produced by users and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although Nixi Ltd. reserves the right to remove content, we do not necessarily review all of it. So we cannot-and do not-take responsibility for any content that others provide through our Services.

5. Privacy

Our Privacy Policy describes the information Boomoji collects when You and others use the Service. It also describes how Boomoji uses and shares any personal information You share with it. Our Privacy Policy is part of these Terms of Use. By agreeing to these Terms of Use, You are also consenting to our collection, use, and sharing of Your personal information in accordance with our Privacy Policy.

6. Respecting Other People's Rights

Nixi Ltd. respects the rights of others. And so should you. You therefore may not use our Services in a manner that:

  • violates or infringes someone else's rights of publicity, privacy, copyright, trademark, or other intellectual-property right;
  • bullies, harasses, or intimidates;
  • defames; or
  • spams or solicits Nixi Ltd.'s users.

You must also respect Nixi Ltd.'s rights. These Terms do not grant you any right to:

  • use branding, logos, designs, photographs, videos, or any other materials used in our Services except as explicitly allowed by these Terms or our Services (for example, you may create and share your Boomoji as our Services allow);
  • copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of our Services or the content on our Services except as set forth in these Terms or as our Services allow;
  • use our Services or any content on our Services for any commercial purposes without our consent.

In short: You may not use our Services or the content on our Services in ways that are not authorized by these Terms. Nor may you help or enable anyone else in doing so.

7. Safety

We try hard to keep our Services a safe place for all users. But we can't guarantee it. That's where you come in. By using our Services, you agree that:

  • You will not use our Services for any purpose that is illegal or prohibited in these Terms.
  • You will not use any robot, spider, crawler, scraper, or other automated means or interface to access our Services or extract other user's information.
  • You will not use or develop any third-party applications that interact with our Services or other users' content or information without our written consent.
  • You will not use our Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden, or impair the functioning of our Services.
  • You will not use or attempt to use another user's account, username, or password without their permission.
  • You will not solicit login credentials from another user.
  • You will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence.
  • You will not upload viruses or other malicious code or otherwise compromise the security of our Services.
  • You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of our Services that you are not authorized to access.
  • You will not probe, scan, or test the vulnerability of our Services or any system or network.
  • You will not encourage or promote any activity that violates these Terms.

8. Your Account

You are responsible for any activity that occurs in your account. So it's important that you keep your account secure. One way to do that is to select a strong password that you don't use for any other account.

By using our Services, you agree that, in addition to exercising common sense:

  • You will not create more than one account for yourself.
  • You will not create another account if we have already disabled your account, unless you have our written permission to do so.
  • You will not buy, sell, rent, or lease access to your Boomoji app account without our written permission.
  • You will not share your password.
  • You will not log in or attempt to access our Services through unauthorized third-party applications or clients.

If you think that someone has gained access to your account, please immediately reach out to boomoji@boo.chat.

9. Data Charges

You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you're unsure what those charges may be, ask your service provider before using our Services.

10. Third-Party Services

If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party's terms will govern the respective party's relationship with you. Nixi Ltd. is not responsible or liable for those third party terms or actions taken under the third party's terms.

11. Modifying the Services and Termination

We may change these Terms of Use at any time. Please review the Terms of Use each time You visit the Service. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TERMS OF USE. If We materially change these Terms of Use, We’ll let You know by showing them to You again through an in-app notification.

Boomoji may terminate Your access to and use of the Service without notice, in the event You:

breach these Terms of Use including any warranties; or

misuse or challenge Boomoji’s rights in the Content.

Boomoji may at any time discontinue the Service altogether or modify the Service and such modifications may adversely affect the use of the Service by users. You agree that Boomoji shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service. Boomoji will use reasonable endeavours to notify users of the cessation of the Service or any changes that would impact on Your use of the Service. Boomoji may give such notices through the Service or on its website, through notifications through the Service, or by email communications.

Boomoji reserves the right to retain records of Your personal information or other User Submissions that You posted on the Service if it is reasonably required to keep such records for legal purposes including to comply with its legal or regulatory duties, to investigate and respond to complaints (including from other users), to enforce these Terms of Use or to defend itself against any claim or legal threat or allegations or if it requires to retain such data for other legitimate reasons; and Boomoji will be entitled to retain any data in non-personal information form which may have been extracted or obtained from Your personal information or other User Submissions including any aggregated, anonymized or otherwise de-personalized data.

12. Indemnity

YOU ACKNOWLEDGE THAT THE BOOMOJI PARTIES, APPLE, AND GOOGLE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF GOODS OR SERVICES PROVIDED BY THIRD PARTIES OR ADVERTISERS, THE TRUTH OR ACCURACY OF ANY THIRD PARTY’S OR ADVERTISER’S CONTENT OR LISTINGS, OR THE ABILITY OF ANY THIRD PARTY OR ADVERTISER TO PERFORM OR ACTUALLY COMPLETE A TRANSACTION OR SERVICE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE BOOMOJI PARTIES, APPLE, AND GOOGLE FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSES, AND ATTORNEY’S FEES ARISING TO ANY OF THE BOOMOJI PARTIES, APPLE, AND GOOGLE AS A RESULT OF ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST THE BOOMOJI PARTIES, APPLE, AND GOOGLE IN CONNECTION WITH
(1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE SERVICE;
(2) YOUR BREACH OF ANY OF THESE TERMS OF USE;
(3) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT;
(4) ANY CLAIM THAT ONE OF YOUR USER SUBMISSIONS CAUSED DAMAGE TO AN INDEMNIFIED PARTY OR A THIRD PARTY;
(5) ANY TRANSACTION YOU CONDUCT AS A RESULT OF THE CONTACT FACILITATED BY THE SERVICE; OR
(6) ANY ACTIVITY RELATED TO YOUR APPLE ID, GOOGLE ACCOUNT, MOBILE ACCOUNT, OR OTHER INTERNET ACCOUNT, OR USING YOUR TELEPHONE NUMBER, EMAIL ADDRESS, AND/OR PASSWORD BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE USING YOUR ACCOUNT, APPLE ID, GOOGLE ACCOUNT, MOBILE ACCOUNT, OTHER INTERNET ACCOUNT, TELEPHONE NUMBER, EMAIL ADDRESS, AND/OR PASSWORD.

IF THE BOOMOJI PARTIES, APPLE, AND GOOGLE DO TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS OF USE, THE BOOMOJI PARTIES, APPLE, AND GOOGLE WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO THE BOOMOJI PARTIES, APPLE, AND GOOGLE.

13. Disclaimers

We try to keep our Services up and running and free of annoyances. But we make no promises that we will succeed.

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE NIXI LTD. ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT:
(A) OUR SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY;
(B) OUR SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR
(C) THAT ANY BOOMOJI APP CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE TIMELY OR ACCURATE.

NIXI LTD. TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL,MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH NIXI LTD. WILL BE RESPONSIBLE FOR.

14. Limitation of Liability

IN NO EVENT SHALL THE BOOMOJI PARTIES, APPLE, AND GOOGLE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE SERVICE OR THIRD PARTY PRODUCTS OR SERVICES, UNDER THESE TERMS OF USE OR IN CONNECTION WITH THEIR PERFORMANCE OR BREACH, OR IN CONNECTION WITH ANY WARRANTIES HEREUNDER, OR IN CONNECTION WITH THE SERVICE, INCLUDING FOR THEIR NEGLIGENCE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING ANY LOSS OF PROFITS OR SAVINGS OR ANTICIPATED PROFITS OR SAVINGS, LOSS OF DATA, LOSS OF OPPORTUNITY, LOSS OR REPUTATION, GOODWILL OR BUSINESS, EVEN IF THE BOOMOJI PARTIES, APPLE, AND GOOGLE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE BOOMOJI PARTIES, APPLE, AND GOOGLE WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM:
(1) ANY SUSPENSION OR DISRUPTION OF THE SERVICE, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM THE BOOMOJI PARTIES’ NEGLIGENCE,
(2) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE,
(4) UNAUTHORIZED ACCESS TO OR USE OF BOOMOJI’S SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN,
(5) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE;
(6) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY,
(7) USER SUBMISSIONS, THIRD PARTY WEBSITES OR APPS, OR
(8) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, YOUR BUSINESS TRANSACTIONS OR OTHER INTERACTIONS WITH ANY THIRD PARTIES OR ADVERTISERS, WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BOOMOJI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

THE BOOMOJI PARTIES, APPLE, AND GOOGLE WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU OR ANY OTHER PERSON MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM YOUR BREACH OF YOUR WARRANTIES OR OTHER OBLIGATIONS UNDER THESE TERMS OF USE INCLUDING, WITHOUT LIMITATION, THE OBLIGATION TO KEEP YOUR LOG-IN DETAILS AND PASSWORD SECURE OR FROM THE SHARING OF THESE DETAILS WITH ANY OTHER PERSON. THE BOOMOJI PARTIES’ MAXIMUM AGGREGATE LIABILITY FOR ANY SINGLE EVENT (OR A SERIES OF RELATED EVENTS) GIVING RISE TO A CLAIM IN CONNECTION WITH THESE TERMS OF USE OR IN RELATION TO THE SERVICE WILL BE LIMITED TO $50 USD.

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Any claims relating to use of the Service must be bought within one (1) year from the date the cause of action arose. Claims brought after such period are VOID. Those who access or use the Service do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations. A party will not be in breach of these Terms of Use, nor liable for any failure or delay in performance of any of its obligations under these Terms of Use where such failure or delay arises from or is attributable to acts, events, omissions or accidents beyond its reasonable control including an act of God, fire, flood, earthquake, windstorm or other natural disaster, explosion or accidental damage, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions, terrorist attack, civil war, civil commotion or riots, shortage of raw materials or supplies, industrial action or strike, power outages, or electronic or communication network breakdowns (“Force Majeure Events”). In the event of a Force Majeure Event affecting the provision of the Service by BOOMOJI, BOOMOJI will use reasonable efforts to notify users through the Service or through its website or by email communication.

15. Class Action Waiver

ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE SERVICE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.

16. Severability

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

17. Additional Terms for Specific Services

Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services.

18. Final Terms

  • These Terms (together with any additional terms applicable to specific Services you use)make up the entire agreement between you and Nixi Ltd., and supersede any prior agreements.
  • These Terms do not create or confer any third-party beneficiary rights.
  • If we do not enforce a provision in these Terms, it will not be considered a waiver.
  • We reserve all rights not expressly granted to you.
  • You may not transfer any of your rights or obligations under these Terms without our consent.
  • These Terms were written in English and to the extent the translated version of these Terms conflict with the English version, the English version will control.

Contact Us

Nixi Ltd. welcomes comments, questions, concerns, or suggestions. Please send us feedback by emailing boomoji@boo.chat.

Nixi Ltd. is located at

BLOCK A, TECHNOLOGY SECOND ROAD, LING YI PLAZA, HIGH-TECH ZONE, XI AN /SHAANXI, CHINA