Terms of Service
1. Who these terms apply to
“Bloom,” “we” and “us” mean the studio that builds, hosts and provides the Bloom software, services and websites. A “Business” is a company or person that uses Bloom to take bookings, manage staff and clients, send messages or take payments. A “Client” is someone who books with or is served by a Business.
Clients use Bloom on a Business's behalf. The Business, not Bloom, sets its services, prices, staff, schedules and its cancellation, deposit and fee policies, and is responsible for the services it provides.
2. Access by referral only
Bloom isn't sold publicly and has no self-serve sign-up. A Business gets access after an introduction from an existing Bloom business and a written agreement with us. We may decline any request for access.
3. Your agreement with us
Fees, setup, the features included, the length of the service and how either side can end it are set out in the written order or agreement between Bloom and the Business. If that agreement conflicts with these terms, the agreement controls.
4. Accounts and staff access
- The Business decides which staff can use Bloom and what each person can see and do.
- Staff sign-in codes and devices must be kept private. The Business is responsible for activity under its staff accounts.
- Tell us promptly if you believe an account has been used without permission.
5. Business data and Client information
The Business owns its business data, including its Client records. Bloom processes that information on the Business's behalf to provide the service, as described in our Privacy Policy. The Business is responsible for having a lawful basis to collect Client information, for getting any consent required to text or email Clients, and for showing Clients its booking, cancellation and fee policies before they book.
6. Payments
Card payments, saved cards and refunds are processed by Stripe and are subject to Stripe's terms. Bloom doesn't hold Business or Client funds and doesn't store full card numbers. The Business is responsible for the amounts it charges, for refunds and disputes, for honoring the policies its Clients agreed to, and for its own taxes.
7. Texts and emails
Bloom sends confirmations, reminders and other messages on the Business's behalf. The Business must use messaging only for its own Clients and in line with applicable law, including consent and opt-out rules. Bloom honors STOP and similar opt-out replies. Phone carriers and email providers control final delivery, and a message can be delayed, filtered or not delivered.
8. Acceptable use
You may not use Bloom to:
- break the law, or send spam, misleading or harassing messages;
- upload information you have no right to use, or malicious code;
- probe, scan or test Bloom's security, or get around its access controls;
- copy, resell or reverse engineer Bloom, or build a competing product from it;
- overload or disrupt the service or the systems it connects to.
9. Connected services
Bloom works with services run by others, such as Stripe, text and email carriers, and, where a Business uses it, Square. Their terms apply to their services, and Bloom isn't responsible for their outages or changes.
10. Changes to Bloom and availability
We improve Bloom continually and may add, change or remove features. We work to keep Bloom available and secure, but we don't promise it will be uninterrupted or error free. Planned work is scheduled to limit disruption to bookings.
11. Suspension and ending service
We may suspend access if it's needed to protect Bloom, Clients or other businesses, if fees go unpaid, or if these terms are seriously broken. When service ends, we'll provide an export of the Business's data on request for a reasonable period, and then delete it unless the law requires us to keep it.
12. Ownership
Bloom owns the software, designs and content of the service. During its agreement, a Business has a limited, non-exclusive, non-transferable right to use Bloom for its own operations. If you send us ideas or feedback, we may use them without owing you anything.
13. Disclaimers
Except as stated in a written agreement, Bloom is provided “as is” and “as available,” without warranties of any kind, to the fullest extent the law allows.
14. Limitation of liability
To the fullest extent the law allows, Bloom isn't liable for indirect, incidental, special or consequential damages, or for lost profits, revenue or data. Bloom's total liability for any claim about the service is limited to the fees the Business paid Bloom in the 12 months before the claim arose.
15. Indemnity
A Business will defend and hold Bloom harmless from claims arising from its services, its policies, the information it collects, the messages it sends or its breach of these terms.
16. Governing law
These terms are governed by the laws of the State of California. Disputes will be heard in the state or federal courts located in Orange County, California, unless a written agreement says otherwise.
17. Changes to these terms
We may update these terms. The date at the top shows the latest version. For material changes, we'll tell Businesses in advance through the contact in their agreement.
Contact
Bloom works by introduction and doesn't run a public help desk. If you found Bloom through a business, contact that business and they'll reach us for you. Businesses that use Bloom can contact us through the channel named in their agreement. Clients with a question about a booking or their information should contact the business they booked with.