Subscription Terms

SUBSCRIPTION TERMS OF SERVICE

Last Updated: 11/22/2025

IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 12. PLEASE READ THESE TERMS CAREFULLY.

1. INTRODUCTION

These Subscription Terms of Service govern your purchase and use of subscription-based products and services offered by Boostiva through our Shopify store at https://tryboostiva.shop/ . By purchasing a subscription, you acknowledge that you have read, understood, and agree to be bound by these terms.

2. SUBSCRIPTION TERMS

2.1 Subscription Enrollment

When you purchase a subscription, you are enrolling in a recurring billing program. You acknowledge and agree that:

  • Your subscription will automatically renew at the end of each billing cycle unless you cancel

  • You authorize us to charge your payment method on a recurring basis

  • You are responsible for maintaining accurate payment information

  • Subscription charges are in addition to any applicable taxes, shipping, or other fees

2.2 Subscription Duration and Billing Cycles

Subscription billing cycles are clearly indicated at the time of purchase and may include weekly, monthly, quarterly, or annual options. Your specific billing cycle and renewal date will be confirmed in your order confirmation email.

3. BILLING AND PAYMENT

3.1 Automatic Charges

BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE US TO CHARGE YOUR PAYMENT METHOD AUTOMATICALLY ON A RECURRING BASIS. You will be charged on the same day of each billing cycle as your original purchase date, or the last day of the month if your purchase date does not exist in a given month.

3.2 Advance Billing Notification

We will send you an email notification at least [3] days before charging your payment method for each renewal. This notification will include the amount to be charged and your next billing date. Failure to receive this notification does not excuse you from payment obligations.

3.3 Payment Method

You must provide a valid payment method to maintain an active subscription. You agree to promptly update your payment information if it changes or expires. Charges will appear on your statement as SP BOOSTIVA.

3.4 Failed Payments

If your payment method fails, we will attempt to process payment up to [3] times over [7] days. If payment continues to fail, your subscription may be suspended or cancelled. You remain responsible for any unpaid amounts. We may charge a failed payment fee of [AMOUNT] in accordance with applicable law.

3.5 Taxes

All subscription fees are exclusive of applicable taxes unless otherwise stated. You are responsible for paying all applicable taxes, including sales tax, VAT, GST, or other similar taxes imposed by any jurisdiction.

4. CANCELLATION AND REFUNDS

4.1 How to Cancel

You may cancel your subscription at any time through your customer account dashboard, by clicking the cancellation link in your order confirmation email, or by contacting customer service at support@tryboostiva.com. Cancellation is quick and easy, taking only a few clicks.

4.2 Cancellation Timing and Effect

To avoid being charged for the next billing cycle, you must cancel at least [24 hours] before your next renewal date. Cancellations submitted after this deadline will take effect at the end of the current billing cycle. Once cancelled, you will retain access to subscription benefits through the end of your current paid period.

4.3 Refund Policy

Subscription fees are  refundable within 30 days. We do not provide refunds for partial billing periods. If you cancel your subscription, you will not receive a refund for the current billing cycle, but your subscription will remain active until the end of the paid period.

4.4 Exceptions

Notwithstanding the above, we may provide refunds on a case-by-case basis at our sole discretion for extenuating circumstances, defective products, or service failures. All refund requests must be submitted within [30] days of the charge.

5. MODIFICATIONS AND PRICE CHANGES

5.1 Price Changes

We reserve the right to modify subscription prices at any time. We will provide you with at least [30] days advance notice of any price increase via email to the address associated with your account. Price increases will take effect on your next renewal date following the notice period.

5.2 Right to Cancel After Price Change

If you do not agree to a price increase, you may cancel your subscription before the new price takes effect, and you will not be charged the increased amount. Your continued use of the subscription after the price change takes effect constitutes acceptance of the new pricing.

5.3 Subscription Modifications

We may modify, discontinue, or add features to subscription offerings at any time. We will make reasonable efforts to notify you of material changes to your subscription. If we discontinue a subscription product, we will provide alternative options or the opportunity to cancel with a pro-rated refund.

6. AUTOMATIC RENEWAL DISCLOSURE

YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING CYCLE UNLESS YOU CANCEL. BY ENROLLING IN A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

  • We are authorized to charge your payment method automatically on a recurring basis

  • Your subscription will continue until you cancel

  • You will be notified before each charge

  • You can cancel at any time through your account or customer service

7. ACCOUNT AND ACCESS

7.1 Account Requirements

You must create an account to manage your subscription. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You must be at least 18 years old to purchase a subscription.

7.2 Account Security

You must notify us immediately of any unauthorized use of your account. We are not liable for losses resulting from unauthorized use of your account.

7.3 Managing Your Subscription

You can manage your subscription, update payment information, view billing history, and cancel at any time by logging into your account at [YOUR WEBSITE] or by contacting customer service.

8. ACCEPTABLE USE POLICY

You agree not to:

  • Use the subscription for any illegal purpose or in violation of applicable laws

  • Share your account credentials or subscription access with others

  • Attempt to circumvent billing or payment mechanisms

  • Engage in fraudulent chargebacks or payment disputes

  • Abuse, harass, or harm our staff or other customers

  • Resell or redistribute subscription products without authorization

Violation of this policy may result in immediate suspension or termination of your subscription without refund.

9. WARRANTY DISCLAIMER

SUBSCRIPTIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT SUBSCRIPTION SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BOOSTIVA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your use or inability to use the subscription

  • Any unauthorized access to or use of our servers and/or any personal information stored therein

  • Any interruption or cessation of transmission to or from the subscription

  • Any bugs, viruses, or the like that may be transmitted through the subscription by any third party

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SUBSCRIPTION SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. COMMUNICATIONS AND CONSENT

11.1 Email Communications

By subscribing, you consent to receive transactional emails including order confirmations, renewal notifications, receipts, and account-related communications. These emails are necessary for the operation of your subscription and cannot be opted out of while maintaining an active subscription.

11.2 Marketing Communications

You may opt out of promotional marketing communications at any time by clicking the unsubscribe link in any marketing email or by updating your preferences in your account settings.

12. BINDING ARBITRATION AND DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

12.1 Agreement to Arbitrate

You and Boostiva agree that any dispute, claim, or controversy arising out of or relating to these Subscription Terms or the breach, termination, enforcement, interpretation, or validity thereof, or your use of the subscription (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

12.2 Arbitration Rules and Forum

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration will be conducted in Florida USA, unless you and we agree otherwise.

12.3 Arbitration Costs

Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. If your claim is for $10,000 or less, we agree to reimburse you for your share of such fees at the conclusion of the arbitration, unless the arbitrator determines your claims are frivolous. We will not seek attorneys' fees and costs in arbitration unless the arbitrator determines your claims are frivolous.

12.4 Individual Basis Only

You and we agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action or other representative action. If for any reason a claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.

12.5 30-Day Opt-Out Period

You have the right to opt out of binding arbitration within thirty (30) days of first accepting these terms by sending written notice of your decision to opt out to 807 SW 12th Ave, Fort Lauderdale FL, 33312, or support@tryboostiva.com. Your notice must include your name, address, and a clear statement that you want to opt out of this arbitration agreement. If you opt out of this arbitration agreement, all other parts of these terms will continue to apply.

13. CLASS ACTION WAIVER

YOU AND [YOUR COMPANY NAME] AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

14. GOVERNING LAW AND JURISDICTION

These Subscription Terms and any Disputes shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. To the extent arbitration does not apply, you and we agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Fort Lauderdale, Florida.

15. CHANGES TO THESE TERMS

We reserve the right to modify these Subscription Terms at any time. We will notify you of material changes by email or by posting a notice on our website at least 30 days before the changes take effect. Your continued use of the subscription after changes take effect constitutes acceptance of the modified terms. If you do not agree to the modified terms, you may cancel your subscription.

16. PRIVACY AND DATA PROTECTION

Your privacy is important to us. Our collection and use of personal information in connection with your subscription is governed by our Privacy Policy, available at https://tryboostiva.shop/policies/privacy-policy. By subscribing, you consent to the collection and use of your information as described in our Privacy Policy.

17. MISCELLANEOUS

17.1 Entire Agreement

These Subscription Terms, together with our Terms of Service and Privacy Policy, constitute the entire agreement between you and us regarding subscriptions and supersede all prior agreements and understandings.

17.2 Severability

If any provision of these terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these terms will otherwise remain in full force and effect and enforceable.

17.3 Waiver

No waiver of any term of these Subscription Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these terms or your subscription without our prior written consent. We may assign these terms or your subscription without restriction.

17.5 Force Majeure

We shall not be liable for any failure or delay in performance under these terms due to causes beyond our reasonable control, including acts of God, war, terrorism, pandemic, labor disputes, or internet service failures.

17.6 Survival

Provisions of these terms that by their nature should survive termination shall survive, including but not limited to warranty disclaimers, limitation of liability, arbitration provisions, and class action waiver.

18. CONTACT INFORMATION

If you have questions about these Subscription Terms or need assistance with your subscription, please contact us at:

Boostiva

807 SW 12th Ave

Fort Lauderdale, Florida, 33312

Email: support@tryboostiva.com

BY PURCHASING A SUBSCRIPTION, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE SUBSCRIPTION TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.