Terms of use
Last Updated May 1, 2026
You should read these Terms of Use (the “Terms”) carefully. These Terms govern your use of (i) the Aboon public website currently located at aboon.com (the “Website”), and (ii) the Aboon online platform and related tools, features, and services accessible through the Website or via single sign-on (the “Platform”). Together, the Website and Platform are referred to herein as the “Services.”
These Terms are an agreement between you and Boon Business Solutions, Inc. d/b/a Aboon and its affiliates (“Aboon,” “we,” or “us”). Your use of the Services constitutes your agreement to these Terms. Capitalized terms not defined elsewhere in these Terms have the meanings set forth in any Service Agreement or other agreement between you and Aboon.
IMPORTANT NOTICE: These Terms contain a mandatory arbitration provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. See more details in Section 15.
1. Acceptance of the Terms. By using the Website, or by creating an account or otherwise accessing the Platform, you affirm that you are of legal age to enter into a binding agreement and that you accept these Terms and our Privacy Policy, which is incorporated by reference and available at aboon.com/privacy.
If you create an account or register to use the Platform, your affirmative acceptance at the point of account creation (e.g., by checking an acceptance box or clicking “Create Account”) constitutes your agreement to these Terms. Aboon will record the version of these Terms in effect at the time of your acceptance. If you continue using the Services after an updated version of the Terms takes effect, you will be deemed to have accepted the updated Terms.
If you are an individual accessing or using the Services on behalf of, or for the benefit of, any corporation, partnership, or other entity (an “Organization”), then you are agreeing to these Terms on behalf of yourself and such Organization. You represent and warrant that you have the legal authority to bind such Organization to these Terms. References to “you” and “your” refer to both the individual using the Services and to any such Organization.
Authorized Representatives. If you are accessing the Platform as a third-party service provider to a retirement plan (“Plan”), including a financial advisor or other authorized representative acting on behalf of a plan sponsor, you represent and warrant that (i) you are authorized by each applicable plan sponsor to submit information and take actions with respect to their plans through the Platform, (ii) your use of the Platform is consistent with your obligations to such plan sponsors under applicable law and any agreement between you and them, and (iii) you will use the Platform solely for the benefit of the plan sponsors and plans on whose behalf you are acting and not for any other purpose.
2. Changes to the Terms. We may update these Terms from time to time. We will provide notice by any reasonable means, including by posting a revised version on the Website with an updated effective date. Any changes will not apply to any dispute between you and us arising prior to the date on which the revised Terms become effective.
3. Account Registration and Security. You are responsible for maintaining the confidentiality of all access credentials associated with your account and for ensuring that your credentials are used only by you. You may not share your credentials with, or permit access to your account by, any individual who is not authorized to access the Services on your behalf. You are responsible for all activities that occur under your credentials within your reasonable control. You agree to notify us promptly of any unauthorized access to your account or credentials.
You acknowledge and agree that any information you provide to us through your use of the Services is accurate and complete. You agree to promptly notify us to correct any inaccuracies or update any information that becomes outdated.
4. Platform License and Permitted Use. Subject to your compliance with these Terms, Aboon grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for (i) general informational purposes, if you are a Website visitor; or (ii) your authorized business purposes in connection with any Service Agreement between you and Aboon, or your role as a third-party service provider acting on behalf of a plan sponsor who uses Aboon’s services, if you are a registered Platform user. This license does not entitle you to possession of any Aboon intellectual property or materials.
The Website, Platform, and all content, features, functionality, software, tools, designs, reports, and outputs therein (“Aboon Materials”) are owned by Aboon, its licensors, or other providers and are protected by intellectual property laws. Our trade names, trademarks, and service marks include Aboon and any associated logos. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Aboon Materials, except as follows:
5. Prohibited Uses. You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to:
Aboon disclaims all liability for any unauthorized use or misuse of the Platform or any data available through it by you, any plan sponsor, any third-party service provider to a Plan, or any other party that may be authorized to access data through the Platform.
6. No Legal, Tax, or Investment Advice. The Services are not a substitute for legal, tax, or investment advice. Any content, outputs, reports, or guidance made available through the Services is provided for general informational purposes only and does not constitute legal, tax, investment, or other professional advice. Nothing in the Services creates an attorney-client, fiduciary (except to the extent expressly agreed in a separate Service Agreement) or other professional relationship between you and Aboon.
Aboon’s third-party administrative (TPA) services are provided solely pursuant to, and governed by, any Service Agreement between you and Aboon. These Terms govern your access to and use of the Services only; they do not define or limit the scope of any TPA services Aboon provides. You should consult your own legal and tax advisors with respect to all matters concerning your plans and their compliance with applicable law.
7. Data Submitted Through the Services
Plan Data. When you submit plan data, census information, employee records, or other information relating to a Plan (“Plan Data”) through the Services, you represent and warrant that you are the plan sponsor or are authorized by the plan sponsor to submit such data on the Plan’s behalf. Responsibility for obtaining any participant-specific consents required by applicable law rests with the plan sponsor. Aboon will use Plan Data solely to provide the Services and as otherwise set forth in the Privacy Policy and any applicable Service Agreement.
Other Submissions. Website visitors may submit other materials through the Services (e.g., contact form messages, feedback) (each, a “Submission”). For each Submission, you grant to us a worldwide, royalty-free, non-exclusive license to use, reproduce, and display your Submission solely for the purposes of providing and improving our services. You represent and warrant that you have all rights necessary to grant this license and that your Submissions are complete, accurate, and not in violation of any applicable law or third-party right.
8. Monitoring. We may monitor your use of the Services for security purposes, to ensure compliance with these Terms, and to improve our services. Any monitoring will be conducted in accordance with applicable laws and our Privacy Policy and limited to what is necessary for these legitimate purposes.
9. Third-Party Materials and Links. Certain features of the Services may provide access to information, products, services, or materials made available by third parties (“Third-Party Materials”). We neither control nor endorse any Third-Party Materials and are not responsible for their accuracy, availability, validity, or legality. Your use of any Third-Party Materials is at your own risk.
10. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE SERVICES AND ANY THIRD-PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN “AS IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY; AND (B) ABOON DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES AND ANY THIRD-PARTY MATERIALS, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
11. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ABOON WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ABOON’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE GREATER OF (i) THE TOTAL FEES PAID BY YOU TO ABOON IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (ii) FIVE HUNDRED DOLLARS ($500). THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION AND WHETHER ABOON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Indemnity. You agree to defend, indemnify, and hold harmless Aboon from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to (a) your violation of these Terms; (b) your misuse of the Services; (c) any Submission or Plan Data you provide that infringes third-party rights or violates applicable law; or (d) any claim by a plan sponsor, third-party service provider, or other third party arising from your unauthorized use of the Platform or submission of inaccurate information.
13. Termination. These Terms are effective until terminated. We may terminate or suspend your access to the Services at any time and without prior notice, for any or no reason, including if we believe that you have violated these Terms. Upon termination, all licenses granted to you under these Terms will immediately terminate and you must cease all use of the Services. Sections 4 (to the extent of ownership rights), 5, 6, 7, 10, 11, 12, and 15 will survive any termination of these Terms.
14. Force Majeure. We will not be liable for delays or failures to fulfill our obligations under these Terms if caused by events beyond our reasonable control, including natural disasters, pandemics, power failures, internet disruptions, acts of government, war, civil unrest, or other analogous events. We will use commercially reasonable efforts to minimize the effect of any such event on the Services.
15. Dispute Resolution. These Terms are governed by the laws of the United States and the State of New York, without regard to conflicts of law principles.
Arbitration Agreement. Except for disputes that qualify for small claims court, all disputes arising out of or relating to these Terms or any aspect of the relationship between you and Aboon will be resolved through final and binding arbitration administered by the American Arbitration Association (AAA) in New York City. The arbitration will be conducted by a single arbitrator under the AAA Commercial Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce and is governed by the Federal Arbitration Act.
Class Action Waiver. You agree that any arbitration will take place on an individual basis only. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted.
16. General Provisions
Entire Agreement. These Terms, together with our Privacy Policy and any applicable Service Agreement, constitute the entire agreement between you and Aboon with respect to your use of the Services. In the event of a conflict between these Terms and an applicable Service Agreement, the Service Agreement will govern with respect to the services it covers.
Severability. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect.
Waiver. A failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Assignment. You may not assign or transfer these Terms or any rights hereunder without Aboon’s prior written consent. Aboon may assign these Terms, including in connection with a merger, acquisition, or sale of all or substantially all of its assets, upon written notice to you.
Electronic Signatures. The parties agree that acceptance of these Terms by electronic means (including clicking an acceptance button) constitutes a legally binding agreement to the fullest extent permitted by applicable law, including the Electronic Signatures in Global and National Commerce Act (E-SIGN).
17. Contact and Copyright Claims. If you have a question or complaint regarding the Services, contact us at support@aboon.com. If you believe that materials on the Services infringe your copyright, you may send a DMCA notice to privacy@aboon.com.
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© Aboon 2026
Terms of use
Last Updated May 1, 2026
You should read these Terms of Use (the “Terms”) carefully. These Terms govern your use of (i) the Aboon public website currently located at aboon.com (the “Website”), and (ii) the Aboon online platform and related tools, features, and services accessible through the Website or via single sign-on (the “Platform”). Together, the Website and Platform are referred to herein as the “Services.”
These Terms are an agreement between you and Boon Business Solutions, Inc. d/b/a Aboon and its affiliates (“Aboon,” “we,” or “us”). Your use of the Services constitutes your agreement to these Terms. Capitalized terms not defined elsewhere in these Terms have the meanings set forth in any Service Agreement or other agreement between you and Aboon.
IMPORTANT NOTICE: These Terms contain a mandatory arbitration provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. See more details in Section 15.
1. Acceptance of the Terms. By using the Website, or by creating an account or otherwise accessing the Platform, you affirm that you are of legal age to enter into a binding agreement and that you accept these Terms and our Privacy Policy, which is incorporated by reference and available at aboon.com/privacy.
If you create an account or register to use the Platform, your affirmative acceptance at the point of account creation (e.g., by checking an acceptance box or clicking “Create Account”) constitutes your agreement to these Terms. Aboon will record the version of these Terms in effect at the time of your acceptance. If you continue using the Services after an updated version of the Terms takes effect, you will be deemed to have accepted the updated Terms.
If you are an individual accessing or using the Services on behalf of, or for the benefit of, any corporation, partnership, or other entity (an “Organization”), then you are agreeing to these Terms on behalf of yourself and such Organization. You represent and warrant that you have the legal authority to bind such Organization to these Terms. References to “you” and “your” refer to both the individual using the Services and to any such Organization.
Authorized Representatives. If you are accessing the Platform as a third-party service provider to a retirement plan (“Plan”), including a financial advisor or other authorized representative acting on behalf of a plan sponsor, you represent and warrant that (i) you are authorized by each applicable plan sponsor to submit information and take actions with respect to their plans through the Platform, (ii) your use of the Platform is consistent with your obligations to such plan sponsors under applicable law and any agreement between you and them, and (iii) you will use the Platform solely for the benefit of the plan sponsors and plans on whose behalf you are acting and not for any other purpose.
2. Changes to the Terms. We may update these Terms from time to time. We will provide notice by any reasonable means, including by posting a revised version on the Website with an updated effective date. Any changes will not apply to any dispute between you and us arising prior to the date on which the revised Terms become effective.
3. Account Registration and Security. You are responsible for maintaining the confidentiality of all access credentials associated with your account and for ensuring that your credentials are used only by you. You may not share your credentials with, or permit access to your account by, any individual who is not authorized to access the Services on your behalf. You are responsible for all activities that occur under your credentials within your reasonable control. You agree to notify us promptly of any unauthorized access to your account or credentials.
You acknowledge and agree that any information you provide to us through your use of the Services is accurate and complete. You agree to promptly notify us to correct any inaccuracies or update any information that becomes outdated.
4. Platform License and Permitted Use. Subject to your compliance with these Terms, Aboon grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for (i) general informational purposes, if you are a Website visitor; or (ii) your authorized business purposes in connection with any Service Agreement between you and Aboon, or your role as a third-party service provider acting on behalf of a plan sponsor who uses Aboon’s services, if you are a registered Platform user. This license does not entitle you to possession of any Aboon intellectual property or materials.
The Website, Platform, and all content, features, functionality, software, tools, designs, reports, and outputs therein (“Aboon Materials”) are owned by Aboon, its licensors, or other providers and are protected by intellectual property laws. Our trade names, trademarks, and service marks include Aboon and any associated logos. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Aboon Materials, except as follows:
5. Prohibited Uses. You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to:
Aboon disclaims all liability for any unauthorized use or misuse of the Platform or any data available through it by you, any plan sponsor, any third-party service provider to a Plan, or any other party that may be authorized to access data through the Platform.
6. No Legal, Tax, or Investment Advice. The Services are not a substitute for legal, tax, or investment advice. Any content, outputs, reports, or guidance made available through the Services is provided for general informational purposes only and does not constitute legal, tax, investment, or other professional advice. Nothing in the Services creates an attorney-client, fiduciary (except to the extent expressly agreed in a separate Service Agreement) or other professional relationship between you and Aboon.
Aboon’s third-party administrative (TPA) services are provided solely pursuant to, and governed by, any Service Agreement between you and Aboon. These Terms govern your access to and use of the Services only; they do not define or limit the scope of any TPA services Aboon provides. You should consult your own legal and tax advisors with respect to all matters concerning your plans and their compliance with applicable law.
7. Data Submitted Through the Services
Plan Data. When you submit plan data, census information, employee records, or other information relating to a Plan (“Plan Data”) through the Services, you represent and warrant that you are the plan sponsor or are authorized by the plan sponsor to submit such data on the Plan’s behalf. Responsibility for obtaining any participant-specific consents required by applicable law rests with the plan sponsor. Aboon will use Plan Data solely to provide the Services and as otherwise set forth in the Privacy Policy and any applicable Service Agreement.
Other Submissions. Website visitors may submit other materials through the Services (e.g., contact form messages, feedback) (each, a “Submission”). For each Submission, you grant to us a worldwide, royalty-free, non-exclusive license to use, reproduce, and display your Submission solely for the purposes of providing and improving our services. You represent and warrant that you have all rights necessary to grant this license and that your Submissions are complete, accurate, and not in violation of any applicable law or third-party right.
8. Monitoring. We may monitor your use of the Services for security purposes, to ensure compliance with these Terms, and to improve our services. Any monitoring will be conducted in accordance with applicable laws and our Privacy Policy and limited to what is necessary for these legitimate purposes.
9. Third-Party Materials and Links. Certain features of the Services may provide access to information, products, services, or materials made available by third parties (“Third-Party Materials”). We neither control nor endorse any Third-Party Materials and are not responsible for their accuracy, availability, validity, or legality. Your use of any Third-Party Materials is at your own risk.
10. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE SERVICES AND ANY THIRD-PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN “AS IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY; AND (B) ABOON DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES AND ANY THIRD-PARTY MATERIALS, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
11. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ABOON WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ABOON’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE GREATER OF (i) THE TOTAL FEES PAID BY YOU TO ABOON IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (ii) FIVE HUNDRED DOLLARS ($500). THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION AND WHETHER ABOON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Indemnity. You agree to defend, indemnify, and hold harmless Aboon from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to (a) your violation of these Terms; (b) your misuse of the Services; (c) any Submission or Plan Data you provide that infringes third-party rights or violates applicable law; or (d) any claim by a plan sponsor, third-party service provider, or other third party arising from your unauthorized use of the Platform or submission of inaccurate information.
13. Termination. These Terms are effective until terminated. We may terminate or suspend your access to the Services at any time and without prior notice, for any or no reason, including if we believe that you have violated these Terms. Upon termination, all licenses granted to you under these Terms will immediately terminate and you must cease all use of the Services. Sections 4 (to the extent of ownership rights), 5, 6, 7, 10, 11, 12, and 15 will survive any termination of these Terms.
14. Force Majeure. We will not be liable for delays or failures to fulfill our obligations under these Terms if caused by events beyond our reasonable control, including natural disasters, pandemics, power failures, internet disruptions, acts of government, war, civil unrest, or other analogous events. We will use commercially reasonable efforts to minimize the effect of any such event on the Services.
15. Dispute Resolution. These Terms are governed by the laws of the United States and the State of New York, without regard to conflicts of law principles.
Arbitration Agreement. Except for disputes that qualify for small claims court, all disputes arising out of or relating to these Terms or any aspect of the relationship between you and Aboon will be resolved through final and binding arbitration administered by the American Arbitration Association (AAA) in New York City. The arbitration will be conducted by a single arbitrator under the AAA Commercial Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce and is governed by the Federal Arbitration Act.
Class Action Waiver. You agree that any arbitration will take place on an individual basis only. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted.
16. General Provisions
Entire Agreement. These Terms, together with our Privacy Policy and any applicable Service Agreement, constitute the entire agreement between you and Aboon with respect to your use of the Services. In the event of a conflict between these Terms and an applicable Service Agreement, the Service Agreement will govern with respect to the services it covers.
Severability. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect.
Waiver. A failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Assignment. You may not assign or transfer these Terms or any rights hereunder without Aboon’s prior written consent. Aboon may assign these Terms, including in connection with a merger, acquisition, or sale of all or substantially all of its assets, upon written notice to you.
Electronic Signatures. The parties agree that acceptance of these Terms by electronic means (including clicking an acceptance button) constitutes a legally binding agreement to the fullest extent permitted by applicable law, including the Electronic Signatures in Global and National Commerce Act (E-SIGN).
17. Contact and Copyright Claims. If you have a question or complaint regarding the Services, contact us at support@aboon.com. If you believe that materials on the Services infringe your copyright, you may send a DMCA notice to privacy@aboon.com.
Login
Partner with us
aboon
© Aboon 2026
Terms of use
Last Updated May 1, 2026
You should read these Terms of Use (the “Terms”) carefully. These Terms govern your use of (i) the Aboon public website currently located at aboon.com (the “Website”), and (ii) the Aboon online platform and related tools, features, and services accessible through the Website or via single sign-on (the “Platform”). Together, the Website and Platform are referred to herein as the “Services.”
These Terms are an agreement between you and Boon Business Solutions, Inc. d/b/a Aboon and its affiliates (“Aboon,” “we,” or “us”). Your use of the Services constitutes your agreement to these Terms. Capitalized terms not defined elsewhere in these Terms have the meanings set forth in any Service Agreement or other agreement between you and Aboon.
IMPORTANT NOTICE: These Terms contain a mandatory arbitration provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. See more details in Section 15.
1. Acceptance of the Terms. By using the Website, or by creating an account or otherwise accessing the Platform, you affirm that you are of legal age to enter into a binding agreement and that you accept these Terms and our Privacy Policy, which is incorporated by reference and available at aboon.com/privacy.
If you create an account or register to use the Platform, your affirmative acceptance at the point of account creation (e.g., by checking an acceptance box or clicking “Create Account”) constitutes your agreement to these Terms. Aboon will record the version of these Terms in effect at the time of your acceptance. If you continue using the Services after an updated version of the Terms takes effect, you will be deemed to have accepted the updated Terms.
If you are an individual accessing or using the Services on behalf of, or for the benefit of, any corporation, partnership, or other entity (an “Organization”), then you are agreeing to these Terms on behalf of yourself and such Organization. You represent and warrant that you have the legal authority to bind such Organization to these Terms. References to “you” and “your” refer to both the individual using the Services and to any such Organization.
Authorized Representatives. If you are accessing the Platform as a third-party service provider to a retirement plan (“Plan”), including a financial advisor or other authorized representative acting on behalf of a plan sponsor, you represent and warrant that (i) you are authorized by each applicable plan sponsor to submit information and take actions with respect to their plans through the Platform, (ii) your use of the Platform is consistent with your obligations to such plan sponsors under applicable law and any agreement between you and them, and (iii) you will use the Platform solely for the benefit of the plan sponsors and plans on whose behalf you are acting and not for any other purpose.
2. Changes to the Terms. We may update these Terms from time to time. We will provide notice by any reasonable means, including by posting a revised version on the Website with an updated effective date. Any changes will not apply to any dispute between you and us arising prior to the date on which the revised Terms become effective.
3. Account Registration and Security. You are responsible for maintaining the confidentiality of all access credentials associated with your account and for ensuring that your credentials are used only by you. You may not share your credentials with, or permit access to your account by, any individual who is not authorized to access the Services on your behalf. You are responsible for all activities that occur under your credentials within your reasonable control. You agree to notify us promptly of any unauthorized access to your account or credentials.
You acknowledge and agree that any information you provide to us through your use of the Services is accurate and complete. You agree to promptly notify us to correct any inaccuracies or update any information that becomes outdated.
4. Platform License and Permitted Use. Subject to your compliance with these Terms, Aboon grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for (i) general informational purposes, if you are a Website visitor; or (ii) your authorized business purposes in connection with any Service Agreement between you and Aboon, or your role as a third-party service provider acting on behalf of a plan sponsor who uses Aboon’s services, if you are a registered Platform user. This license does not entitle you to possession of any Aboon intellectual property or materials.
The Website, Platform, and all content, features, functionality, software, tools, designs, reports, and outputs therein (“Aboon Materials”) are owned by Aboon, its licensors, or other providers and are protected by intellectual property laws. Our trade names, trademarks, and service marks include Aboon and any associated logos. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Aboon Materials, except as follows:
5. Prohibited Uses. You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to:
Aboon disclaims all liability for any unauthorized use or misuse of the Platform or any data available through it by you, any plan sponsor, any third-party service provider to a Plan, or any other party that may be authorized to access data through the Platform.
6. No Legal, Tax, or Investment Advice. The Services are not a substitute for legal, tax, or investment advice. Any content, outputs, reports, or guidance made available through the Services is provided for general informational purposes only and does not constitute legal, tax, investment, or other professional advice. Nothing in the Services creates an attorney-client, fiduciary (except to the extent expressly agreed in a separate Service Agreement) or other professional relationship between you and Aboon.
Aboon’s third-party administrative (TPA) services are provided solely pursuant to, and governed by, any Service Agreement between you and Aboon. These Terms govern your access to and use of the Services only; they do not define or limit the scope of any TPA services Aboon provides. You should consult your own legal and tax advisors with respect to all matters concerning your plans and their compliance with applicable law.
7. Data Submitted Through the Services
Plan Data. When you submit plan data, census information, employee records, or other information relating to a Plan (“Plan Data”) through the Services, you represent and warrant that you are the plan sponsor or are authorized by the plan sponsor to submit such data on the Plan’s behalf. Responsibility for obtaining any participant-specific consents required by applicable law rests with the plan sponsor. Aboon will use Plan Data solely to provide the Services and as otherwise set forth in the Privacy Policy and any applicable Service Agreement.
Other Submissions. Website visitors may submit other materials through the Services (e.g., contact form messages, feedback) (each, a “Submission”). For each Submission, you grant to us a worldwide, royalty-free, non-exclusive license to use, reproduce, and display your Submission solely for the purposes of providing and improving our services. You represent and warrant that you have all rights necessary to grant this license and that your Submissions are complete, accurate, and not in violation of any applicable law or third-party right.
8. Monitoring. We may monitor your use of the Services for security purposes, to ensure compliance with these Terms, and to improve our services. Any monitoring will be conducted in accordance with applicable laws and our Privacy Policy and limited to what is necessary for these legitimate purposes.
9. Third-Party Materials and Links. Certain features of the Services may provide access to information, products, services, or materials made available by third parties (“Third-Party Materials”). We neither control nor endorse any Third-Party Materials and are not responsible for their accuracy, availability, validity, or legality. Your use of any Third-Party Materials is at your own risk.
10. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE SERVICES AND ANY THIRD-PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN “AS IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY; AND (B) ABOON DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES AND ANY THIRD-PARTY MATERIALS, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
11. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ABOON WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ABOON’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE GREATER OF (i) THE TOTAL FEES PAID BY YOU TO ABOON IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (ii) FIVE HUNDRED DOLLARS ($500). THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION AND WHETHER ABOON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Indemnity. You agree to defend, indemnify, and hold harmless Aboon from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to (a) your violation of these Terms; (b) your misuse of the Services; (c) any Submission or Plan Data you provide that infringes third-party rights or violates applicable law; or (d) any claim by a plan sponsor, third-party service provider, or other third party arising from your unauthorized use of the Platform or submission of inaccurate information.
13. Termination. These Terms are effective until terminated. We may terminate or suspend your access to the Services at any time and without prior notice, for any or no reason, including if we believe that you have violated these Terms. Upon termination, all licenses granted to you under these Terms will immediately terminate and you must cease all use of the Services. Sections 4 (to the extent of ownership rights), 5, 6, 7, 10, 11, 12, and 15 will survive any termination of these Terms.
14. Force Majeure. We will not be liable for delays or failures to fulfill our obligations under these Terms if caused by events beyond our reasonable control, including natural disasters, pandemics, power failures, internet disruptions, acts of government, war, civil unrest, or other analogous events. We will use commercially reasonable efforts to minimize the effect of any such event on the Services.
15. Dispute Resolution. These Terms are governed by the laws of the United States and the State of New York, without regard to conflicts of law principles.
Arbitration Agreement. Except for disputes that qualify for small claims court, all disputes arising out of or relating to these Terms or any aspect of the relationship between you and Aboon will be resolved through final and binding arbitration administered by the American Arbitration Association (AAA) in New York City. The arbitration will be conducted by a single arbitrator under the AAA Commercial Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce and is governed by the Federal Arbitration Act.
Class Action Waiver. You agree that any arbitration will take place on an individual basis only. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted.
16. General Provisions
Entire Agreement. These Terms, together with our Privacy Policy and any applicable Service Agreement, constitute the entire agreement between you and Aboon with respect to your use of the Services. In the event of a conflict between these Terms and an applicable Service Agreement, the Service Agreement will govern with respect to the services it covers.
Severability. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect.
Waiver. A failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Assignment. You may not assign or transfer these Terms or any rights hereunder without Aboon’s prior written consent. Aboon may assign these Terms, including in connection with a merger, acquisition, or sale of all or substantially all of its assets, upon written notice to you.
Electronic Signatures. The parties agree that acceptance of these Terms by electronic means (including clicking an acceptance button) constitutes a legally binding agreement to the fullest extent permitted by applicable law, including the Electronic Signatures in Global and National Commerce Act (E-SIGN).
17. Contact and Copyright Claims. If you have a question or complaint regarding the Services, contact us at support@aboon.com. If you believe that materials on the Services infringe your copyright, you may send a DMCA notice to privacy@aboon.com.
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