Terms of Service

Acceptance of these terms

By accessing or using the Bloom website, the Bloom service, or any applications we make available (together, the "Service"), you agree to be bound by these Terms of Service ("Terms"). The Service is owned and operated by Bloom Intelligence Labs, Inc. ("Bloom," "we," "us," or "our"), a company incorporated in Ontario, Canada. If you do not agree to these Terms, do not use the Service.

In these Terms, "you," "your," and "Customer" refer to you, the user of the Service. Where you use the Service on behalf of an organization, "you" includes that organization, and you represent that you are authorized to accept these Terms on its behalf.

If we offer a feature with its own additional terms, those feature-specific terms control to the extent they conflict with these Terms.

The Service

Bloom is an AI-native Voice of the Customer product, delivered as software as a service. It brings unstructured customer signal into a small set of calibrated instruments for owners and executives, with analyst-grade depth underneath. Bloom runs on Appriana, a multi-tenant platform built and maintained by our team, and is provided over web-based and related applications.

We may improve, change, or discontinue parts of the Service over time. Where a change materially reduces functionality you rely on, we will make reasonable efforts to give notice.

Your account

To use most of the Service you need an account. You agree to provide accurate information, to keep your credentials secure, and to be responsible for activity under your account. Tell us promptly at security@withbloom.ai if you suspect unauthorized use. Access and identity are governed by our access-control system, Fortress, which lets your administrators manage who on your team can do what.

Acceptable use

You agree not to use, and not to encourage or allow anyone else to use, the Service in any of these ways:

1. Any illegal, fraudulent, or abusive activity, or activity that materially interferes with the business or operations of Bloom.
2. Attempting to bypass or break any security mechanism of the Service, or using the Service in any way that poses a material security or service risk to Bloom or its customers.
3. Reverse-engineering the Service to find limitations or vulnerabilities, or to evade access or filtering controls, except to the extent this restriction is prohibited by applicable law.
4. Launching or facilitating, intentionally or not, a denial-of-service attack, or any conduct that materially harms the availability, reliability, or stability of the Service.
5. Transmitting viruses, worms, spyware, or any other malicious or harmful code.
6. Unsolicited advertising or marketing, or any activity prohibited by applicable anti-spam, data-protection, or privacy law.
7. Using the Service to violate the rights of others, including intellectual property, privacy, and confidentiality rights.
8. Misrepresenting your identity or your affiliation with any person or organization.

We may investigate and take appropriate action, including suspending or terminating access, for any violation of this section.

Your data and content

You retain ownership of the data and content you bring into the Service ("Customer Data"). You grant us the limited rights needed to host, process, and display Customer Data in order to provide the Service to you. We process Customer Data on your instructions and in line with our Privacy Policy and, where applicable, our Data Processing Addendum, available on request.

We do not use Customer Data to train or improve our models. Customer Data is analyzed to provide the Service to you, and to you alone. Any use beyond that would require your explicit opt-in.

You are responsible for ensuring you have the rights necessary to provide Customer Data to us, and that your use of the Service with that data complies with applicable law.

Intellectual property

The Service, including its software, design, and the Bloom name and marks, is protected by intellectual property laws and remains the property of Bloom or its licensors. These Terms grant you a limited, non-exclusive, non-transferable right to use the Service, and nothing more. You may not copy, modify, distribute, sell, or lease any part of the Service except as expressly permitted.

If you give us feedback or suggestions, we may use them to improve the Service without obligation to you.

Fees

Where the Service is provided under a paid plan or order, you agree to pay the fees set out in your order or agreement. Unless stated otherwise, fees are exclusive of taxes, and you are responsible for applicable taxes. Specific pricing and payment terms are set out in your order with us.

Suspension and termination

You may stop using the Service at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or if your use poses a risk to the Service or others. On termination, your right to use the Service ends. We will make Customer Data available for export for a reasonable period where practicable, after which it may be deleted in line with our retention practices, except where law requires otherwise.

Disclaimer of warranties

The Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement, to the fullest extent permitted by law. We do not warrant that the Service will be uninterrupted, error-free, or that results obtained from it will be accurate or reliable. Bloom produces analysis and signal to inform decisions; it does not replace your own judgment.

Limitation of liability

To the fullest extent permitted by law, Bloom and its directors, officers, employees, and agents (the "Bloom Parties") will not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, loss of goodwill, or loss of data, arising out of or relating to the Service or these Terms, whether in contract, tort, or otherwise, and even if advised of the possibility of such damages.

To the fullest extent permitted by law, the total aggregate liability of the Bloom Parties for all claims relating to the Service will not exceed the greater of the amounts you paid us for the Service in the twelve months before the claim, or one hundred Canadian dollars (CA$100). Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

Indemnification

You agree to defend, indemnify, and hold the Bloom Parties harmless from any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or connected with: your Customer Data or your use of the Service; your breach of these Terms; your violation of any third-party right, including intellectual property, privacy, or confidentiality rights; or your violation of any applicable law. We may assume exclusive defense and control of any matter subject to indemnification by you, and you will not settle any claim without our prior written consent.

Governing law and venue

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. The parties irrevocably submit to the exclusive jurisdiction and venue of the courts of the Province of Ontario, Canada.

If any provision of these Terms is held unenforceable, that provision will be severed and the remaining provisions will stay in full force. Our failure to enforce any provision is not a waiver of it. These Terms do not create any third-party beneficiary rights.

Territorial and export restrictions

The Service is not directed to any person or jurisdiction where providing it would be contrary to law or would subject Bloom to registration requirements in that jurisdiction. We may limit the availability of the Service to any person, geographic area, or jurisdiction at our discretion. You agree to comply with applicable export and sanctions laws, and you represent that you are not located in, or a national or resident of, an embargoed jurisdiction, and are not on an applicable restricted-party list.

These Terms were written in English (Canada). Where a translated version conflicts with the English version, the English version controls.

Entire agreement and changes

These Terms, together with any order or separate written agreement and the policies referenced here, are the entire agreement between you and Bloom regarding the Service, and supersede prior agreements on the subject. You may not assign these Terms without our prior written consent; we may assign them without yours. We may revise these Terms from time to time, and revised Terms take effect on the date indicated at the top. Continuing to use the Service after that date means you accept the revised Terms.