Website Terms of Use

Version 1.0

The ToBoost website located at www.toboost.com is a copyrighted work belonging to ToBoost Agency. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.

All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

These Terms of Use describe the legally binding terms and conditions that govern your use of the Site. BY LOGGING INTO THE SITE, YOU AGREE TO COMPLY WITH THESE TERMS, and you represent that you have the authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ANY PROVISION OF THESE TERMS, DO NOT LOG INTO OR USE THE SITE.

These terms require the use of arbitration on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute. These Terms of Use were created with the help of the Terms of Use Generator.

Access to the Site

Subject to these Terms, ToBoost Agency grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your personal, non-commercial use.

Certain Restrictions

The rights granted to you under these Terms are subject to the following restrictions: The permissions granted to you under these Terms come with the following limitations:

You may not sell, lease, rent, transfer, assign, distribute, host, or otherwise use the Site for commercial purposes;
You may not alter, create derivative works from, disassemble, decompile, or reverse engineer any part of the Site;
You may not use the Site to develop a competing or similar website;
Unless explicitly allowed by these Terms, no portion of the Site may be copied, reproduced, shared, republished, downloaded, displayed, posted, or transmitted in any form.

Any future updates, additions, or enhancements to the Site will also be governed by these Terms. All copyright and other proprietary notices present on the Site must remain intact on any copies or reproductions.

ToBoost Agency reserves the right to modify, suspend, or discontinue the Site, in whole or in part, with or without prior notice. You agree that ToBoost Agency will not be held responsible or liable to you or any third party for any changes, interruptions, or termination of the Site or any of its features.

No Support or Maintenance

You agree that ToBoost Agency has no obligation to provide you with any support, assistance, or maintenance in connection with your use of the Site.

Intellectual Property Rights

Except for any User Content you may provide, you acknowledge that all intellectual property right including copyrights, patents, trademarks, and trade secrets in the Site and its content are owned by ToBoost Agency. These Terms and your access to the Site do not grant you any ownership, title, or interest in any intellectual property, except for the limited rights expressly provided in Section 2.1. ToBoost Agency retain all rights not expressly granted under these Terms.

Third-Party Links & Ads; Other Users

Third-Party Links & Ads

The Site may include links to third-party websites or services, as well as display advertisements from third parties. These third-party links and ads are not controlled by ToBoost Agency, and we are not responsible for their content or practices. Access to such third-party links and ads is provided solely for your convenience. ToBoost Agency does not review, endorse, monitor, or guarantee any third-party links or advertisements, and makes no representations regarding them. Your use of any third-party links or ads is at your own risk, and you should exercise appropriate caution and discretion. By interacting with any third-party links or ads, you agree that the terms, policies, and practices of the relevant third party including their privacy and data collection policies will apply.

Other Users

Each user of the Site is solely responsible for any content they provide (“User Content”). Since ToBoost Agency does not control User Content, you acknowledge and agree that we are not liable for any User Content submitted by you or other users. You further agree that ToBoost Agency will not be responsible for any loss, damage, or disputes arising from interactions with other users or their content. In the event of a disagreement between users, ToBoost Agency is under no obligation to intervene or resolve the matter.

By using the Site, you hereby release and fully discharge ToBoost Agency, along with our officers, employees, agents, successors, and assigns, from any and all past, present, or future disputes, claims, demands, liabilities, obligations, actions, or causes of action of any kind that arise directly or indirectly from, or relate in any way to, your use of the Site. This release applies to all matters, known or unknown, that may arise from your interactions with the Site or other users. You acknowledge that this release is a complete and unconditional waiver of any claims against ToBoost Agency to the fullest extent permitted by applicable law.

Cookies and Web Beacons

Like most websites, ToBoost uses “cookies.” These cookies store information such as visitors’ preferences and the pages they access or visit on the Site. This information is used to enhance your experience by tailoring the Site’s content based on your browser type and other relevant information.

Disclaimers

The Site is provided on an “as-is” and “as available” basis. ToBoost Agency and its suppliers expressly disclaim all warranties and conditions of any kind, whether express, implied, or statutory, including, but not limited to, warranties of merchantability, fitness for a particular purpose, ownership, quiet enjoyment, accuracy, or non-infringement. We do not guarantee that the Site will meet your requirements, be available without interruption, operate securely or error-free, or be accurate, reliable, complete, virus-free, lawful, or safe. To the extent that applicable law requires any warranties, such warranties are limited in duration to ninety (90) days from the date of your first use of the Site. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

Limitation on Liability

To the fullest extent permitted by law, ToBoost Agency and its suppliers shall not be liable to you or any third party for any lost profits, lost data, costs of procuring replacement products, or any indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to these Terms or your use of, or inability to use, the Site, even if we have been advised of the possibility of such damages. Your access to and use of the Site is at your own discretion and risk. You are solely responsible for any damage to your device or computer system, or any loss of data that may result from such use.

To the maximum extent permitted by law, notwithstanding anything to the contrary in these Terms, ToBoost Agency’s total liability to you for any damages arising from or related to these Terms shall in no event exceed fifty euros (€50). The existence of multiple claims will not increase this limit. You also agree that our suppliers shall have no liability of any kind arising from or relating to these Terms.

In certain jurisdictions, the limitation or exclusion of liability for indirect or consequential damages may not be permitted, so the above limitation may not apply to you.

Term and Termination

Subject to this Section, these Terms remain in full force while you use the Site. ToBoost Agency may suspend or terminate your access to the Site at any time, for any reason, at our sole discretion, including if you use the Site in violation of these Terms. Upon termination of your rights under these Terms, your account and your ability to access or use the Site will end immediately. You acknowledge that terminating your account may result in the deletion of any User Content associated with your account from our active databases. ToBoost Agency will not be liable to you for any termination of your rights under these Terms. Even after your access is terminated, the following provisions will continue to apply: Sections 2 through 2.5, Section 3, and Sections 4 through 10.

Copyright Policy

ToBoost Agency respects the intellectual property rights of others and expects users of our Site to do the same. In connection with the Site, we have implemented a policy in accordance with copyright law that provides for the removal of infringing materials and the termination of users who are repeat infringers of intellectual property rights, including copyrights. If you believe that content on our Site unlawfully infringes your copyright(s) and you wish to request its removal, please provide a written notification to our designated Copyright Agent containing the following information:

your physical or electronic signature;
identification of the copyrighted work(s) you claim has been infringed;
identification of the material on our Site that you believe is infringing and that you request to be removed;
sufficient information to allow us to locate the material;
your address, telephone number, and e-mail address;
a statement that you have a good faith belief that the use of the material in question is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in your notification is accurate, and under penalty of perjury, that you are either the owner of the copyright allegedly infringed or authorized to act on behalf of the copyright owner.

Please note that any false or misleading claim of copyright infringement may have legal consequences, and you could be held responsible for any damages or costs incurred by ToBoost Agency as a result of such a claim. You should only submit notifications that are accurate and made in good faith.

General

These Terms may be updated from time to time. If we make any significant changes, we may notify you by sending an e-mail to the last e-mail address you provided or by prominently posting notice of the changes on our Site. You are responsible for keeping your e-mail address up to date. If the e-mail address you provided is invalid, our sending of the notice will still be considered effective. Changes to these Terms will take effect on the earlier of thirty (30) calendar days after we send the e-mail notice or thirty (30) calendar days after posting notice on the Site. For new users, changes will take effect immediately. Continued use of the Site after notice of changes constitutes your acknowledgment and agreement to be bound by the updated Terms. Please read this section carefully. It is part of your agreement with ToBoost Agency and affects your rights. This section outlines procedures for mandatory binding arbitration and includes a class action waiver.

Arbitration Agreement

All claims or disputes arising out of or related to these Terms, or the use of any product or service provided by ToBoost Agency, that cannot be resolved informally or in small claims court, will be resolved through binding arbitration on an individual basis under this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings will be conducted in English. This Arbitration Agreement applies to you and ToBoost Agency, as well as its subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns, and to any authorized or unauthorized users or beneficiaries of the services or goods provided under these Terms.

Arbitration Agreement.

Notice Requirement and Informal Dispute Resolution.

Before either party may initiate arbitration, the party must first provide the other with a written Notice of Dispute describing the nature and basis of the claim or dispute, along with the requested relief. A Notice to ToBoost Agency should be sent to: Bulevardi Dyrrah, Durrës 2001, Albania / Rruga Myslym Shyri, Tiranë, Albania . After the Notice is received, both you and ToBoost Agency may attempt to resolve the matter informally. If the dispute is not resolved within thirty (30) days after receipt of the Notice, either party may proceed with arbitration. Any settlement offer made by either party may not be disclosed to the arbitrator until after the arbitrator has determined the award to which either party is entitled.

Additional Rules for Non-Appearance Based Arbitration.

If non-appearance arbitration is chosen, the arbitration will be conducted via telephone, online, or based solely on written submissions, as determined by the party initiating the arbitration. No personal appearance by the parties or witnesses will be required, unless both parties agree otherwise.

Time Limits.

If you or ToBoost Agency pursue arbitration, the arbitration must be initiated within the applicable statute of limitations and in accordance with the rules of the chosen local ADR provider. The rules of the ADR provider will govern all aspects of the arbitration, except to the extent they conflict with these Terms.

Authority of Arbitrator.

If arbitration is initiated, the arbitrator will determine the rights and obligations of you and ToBoost Agency. The dispute will be handled on an individual basis and will not be combined with other claims, cases, or parties. The arbitrator has the authority to rule on motions that resolve all or part of any claim, to award monetary damages, and to grant any non-monetary remedies or relief available under applicable law, the rules of the chosen local ADR provider, and these Terms. The arbitrator will issue a written award and statement of decision outlining the key findings and conclusions on which the award is based. The arbitrator has the same authority to grant relief on an individual basis as a judge would in a court of law. The arbitrator’s decision is final and binding on both you and ToBoost Agency.

Waiver of Jury Trial.

By agreeing to these Terms, both you and ToBoost Agency waive any constitutional or statutory rights to bring claims in court or to have a trial before a judge or jury. Instead, all disputes and claims will be resolved through arbitration under this Arbitration Agreement. Arbitration is generally more limited in scope, more efficient, and less costly than court proceedings, and court review of an arbitration award is very limited. If any litigation arises between you and ToBoost Agency in any court related to enforcing or challenging an arbitration award, both parties waive any right to a jury trial, and agree that the matter will be resolved by a judge.

Waiver of Class or Consolidated Actions.

All claims and disputes covered by this Arbitration Agreement must be resolved individually. Claims cannot be brought or arbitrated as part of a class, collective, or representative action, and the claims of multiple customers or users cannot be combined or consolidated with those of any other customer or user.

Confidentiality.

All aspects of the arbitration process shall be strictly confidential. Both you and ToBoost Agency agree to keep all information related to the arbitration private, except as required by applicable law. This confidentiality requirement does not prevent either party from submitting necessary information to a court to enforce this Agreement, enforce an arbitration award, or seek injunctive or other equitable relief.

Severability.

If any part of this Arbitration Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, that part will be severed and have no effect, while the remaining provisions of the Agreement will continue in full force and effect.

Right to Waive.

Any rights or limitations outlined in this Arbitration Agreement may be waived by the party against whom a claim is made. Such a waiver will not affect or waive any other provisions of this Arbitration Agreement.

Survival of Agreement.

This Arbitration Agreement will remain in effect even after your relationship with ToBoost Agency ends.

Small Claims Court.

Notwithstanding the provisions of this Arbitration Agreement, either you or ToBoost Agency may bring an individual claim in a small claims court.

Emergency Equitable Relief.

Notwithstanding anything in this Arbitration Agreement, either you or ToBoost Agency may seek emergency or interim relief from a court to preserve the status quo while arbitration is pending. Requesting such relief does not waive any other rights or obligations under this Arbitration Agreement.

Claims Not Subject to Arbitration.

Notwithstanding anything in this Arbitration Agreement, claims related to defamation, computer fraud, or the infringement or misappropriation of intellectual property rights (including patents, copyrights, trademarks, or trade secrets) are not subject to arbitration under this Agreement.In any situation where this Arbitration Agreement allows court action, both you and ToBoost Agency agree to submit to the personal jurisdiction of the courts in Albania, in the location where the company operates. The Site and services must be used in compliance with all applicable local laws, including import or export regulations that may apply in your country. You agree not to transfer, export, or use any technical data or products in violation of applicable laws. ToBoost Agency is located at Bulevardi Dyrrah, Durrës 2001, Albania / Rruga Myslym Shyri, Tiranë, Albania. For any complaints, you may contact the company directly at models@toboost.al.

Electronic Communications.

All communications between you and ToBoost Agency may be conducted electronically, whether through the Site, emails, or other electronic means. For contractual purposes, you: (a) consent to receive communications from ToBoost Agency in electronic form; and (b) agree that all terms, agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that would apply if they were provided in paper form.

Entire Terms.

These Terms constitute the complete and entire agreement between you and ToBoost Agency regarding your use of the Site. Our failure to enforce any right or provision under these Terms does not waive that right or provision. Section titles are for convenience only and have no legal effect. The word “including” is understood to mean “including without limitation.” If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force, and the invalid provision will be modified to the extent necessary to make it valid and enforceable under the law.You and ToBoost Agency are independent parties; neither is an agent, partner, or employee of the other. You may not assign, subcontract, delegate, or transfer your rights or obligations under these Terms without prior written consent from ToBoost Agency; any attempted assignment without consent is null and void. ToBoost Agency may freely assign its rights under these Terms, and such assignments will be binding on all assignees.

Your Privacy.

Please read our Privacy Policy.

Copyright/Trademark Information.

Copyright ©. All rights are reserved. All trademarks, logos, and service marks shown on the Site are the property of ToBoost Agency or of third parties. You may not use these marks without the prior written consent of ToBoost Agency or the respective third-party owner.

Contact Information

Address: Bulevardi Dyrrah, Durrës 2001, Albania / Rruga Myslym Shyri, Tiranë, Albania. Email: models@toboost.com