Last revised: December 24, 2023
Effective date: December 24, 2023
Welcome to Bloomy – the site that lets you create and manage your own mobile application, with no coding required. The application creation is accessed through your browser. There is nothing to download, and you can access your application from any mobile device. If you want to know more about what Bloomt is and isn’t, please see the site https://bloomy.ai.
Our “Terms and Conditions” are below. So that you don’t just have to hold your nose and click “I agree” or wade through a sea of legalese, we created short summaries of what each major section says. Of course, our lawyer insisted that these summaries must be “clearly and conspicuously identified” as “not legally effective,” so you can easily distinguish them below – they are in italics and do not have any numbering.
These “Terms” are a legal contract between you and Bloomy. You must be able to enter into contract to use our “Platform”. This includes the age requirement that you must be at least 18 years old, or 18 and have the consent of your parent or guardian, to use it. These Terms include our Privacy Policy. We may change these Terms on occasion, and your continued use of the Platform means you accept the revised Terms. The Terms don’t apply to sites and services operated by other companies you may access through the Platform. Any legal claim involving these Terms, the site, or the services will be settled by arbitration, not through a trial in front of a judge or jury, or through a class action lawsuit.
a. These Terms and Conditions (the “Terms”) are a legal agreement between you (“Licensee” or “you” and its derivatives) and Bloomy AI LTD (“Bloomy” or “we” and its derivatives). These Terms govern your use of Bloomy`s website at https://bloomy.ai, (the “Site”) and your access to and use of our application building and management platform (the “Platform”). Except where specifically noted below, all references to the Platform include the Site as well. Bloomy Privacy Policy is incorporated by reference into these Terms and details how we collect, use, and protect information about individuals.
b. TO USE THE PLATFORM, YOU MUST BE 18 OR OLDER (or the age of majority in the jurisdiction from which you are accessing the Platform).
c. By accessing or using the Platform, you represent and warrant that you have the legal right to do so, meet the age requirements in Section 1(b), and have the power to enter into a binding contract with us – either for yourself or on behalf of the entity on whose behalf you are using the Platform. YOU ARE REQUIRED TO AFFIRMATIVELY ACCEPT THESE TERMS WHEN INITIALLY SIGNING UP TO ACCESS THE PLATFORM.
d. These Terms do not apply to any third party websites, services and applications (“Third Party Services”) that you may access through the Platform, such as payment processors or messaging applications. We are not responsible for the content or practices of Third Party Services and provide links to Third Party Services only for the convenience of our users. We encourage you to carefully review the terms of service of any Third Party Service you access through the Platform.
e. SECTION 14 OF THESE TERMS REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES ARISING OUT OF THESE TERMS, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IF THERE IS SUCH A DISPUTE.
f. We may change these Terms at any time. When we do so, we will make a new copy of the Terms available on this page. Any changes to the Terms will be effective immediately for new users and for existing users.
g. You may contact us using the contact form on https://bloomy.ai/contact or write us at Bloomy AI, LTD. International House, 109-111 Fulham Palace Road, London, United Kingdom, W6 8JA ATTN: Legal with any questions you have about these Terms, the Platform, or our other services.
You can use the Platform to build an application that you make available to others (a “Bloomy App”’). Any other use of the Platform, or attempt to copy or damage the Platform, is prohibited, and we may suspend or terminate your account in such event. You may pay an additional fee to access additional features that expand the functionality of the Platform or Bloomy Apps.
a. License. Subject to these Terms, Bloomy grants you a non-exclusive, non-transferable, non-sublicensable, limited and revocable license to: (i) access and use the functionality of the Platform to build and manage Internet-based services (collectively, a “Bloomy App”) that may be made available to members of the general public (each such individual accessing a Bloomy App, an “End User”). The license granted in this Section 2(a) includes the right to access, use, and make a reasonable number of copies of any written descriptions of the functionality, technical requirements, or use of the Platform (collectively, “Documentation”), and (b) use any changes to the Platform made available to all Bloomy clients at no additional cost (each, an “Update”) when each Update is made available. Updates are applied automatically to the Platform.
b. Restrictions. Except as explicitly permitted in these Terms, you may not, directly or indirectly: (i) modify or create derivative works of the Platform; (ii) decompile, reverse engineer, or translate any portion of the Platform into human-readable form (except to the extent expressly allowed by applicable law); (iii) rent, lease, share, distribute, or sell the Platform to any third party, including on a service bureau or similar basis; (iv) remove, alter or deface proprietary notices or marks in the Platform; (v) disclose the results of testing or benchmarking of the Platform; (vi) circumvent or disable the Platform’s security, copyright protection, or license management mechanisms, (vii) interfere with the Platform’s operation; (viii) use the Platform to violate the law or the rights of any third party; or (ix) attempt to do any of the foregoing. Bloomy may take any actions it deems reasonable, including denying access to Users, suspending a Bloomy App, or terminating your Subscription (as defined in Section 9(a)) for any breach of this Section 2(b).
c. Additional Features. An “Add-On” is an optional Platform feature available for an additional fee. Add-Ons are not required for the proper functioning of the Platform, may be subject to additional terms, and may be added to an existing subscription to the Platform. Add-Ons may include integrations to Third Party Services. Where Add-Ons have additional terms, you must accept such additional terms prior to accessing the Add-On.
You must create an account to access the Platform’s application creation features. You are responsible for keeping your account credentials secure, for all acts that occur under your account, and for the acts of anyone who accesses the Platform on your behalf. You may use the Platform to create applications for your customers. You can’t use the Platform for illegal purposes, to post pornography or hateful content, harass others, or do anything else your mother would not approve of.
a. Accounts.
i. To access the Platform’s app creation and management tools you must create an account (an “Account”). Every individual with such access is a “Direct User” (as opposed to End Users, who are visitors to Bloomy Apps) and, unless the circumstance clearly indicates otherwise, all references to “you” in this Agreement apply to Direct Users. When you create or update an Account, you must provide information that lets us contact you and (if you are signing up for a paid Subscription, process payments through our third party payment processor. All personal information that we collect in relation to your Account is subject to our Privacy Policy; information collected by the payment processor is subject to their equivalent policy. You agree to keep all Account information accurate, current and complete for so long as you are using the Platform.
ii. If you design, operate, or maintain Bloomy Apps for third parties on a commercial basis, you may create an Account under our Teams Subscription Plan, (an “Agency Account”), When operating an Agency Account, (1) you may not use it to create your own Bloomy Apps; (2) the restriction set forth in Section 2(b)(iii) does not apply to work you perform for your customers, and (3) once you create a Bloomy App, your customer must establish their own Account with us at the proper Subscription level prior to making it available to End Users.
b. Security. Each Direct User must establish login credentials to access the Platform and is responsible for maintaining the confidentiality of such credentials. You must immediately inform Bloomy of any suspected unauthorized use of the Platform. Bloomy cannot and will not be liable for any loss or damage arising from a failure to safeguard Account credentials or unauthorized use of such credentials.
c. Acceptable Use. In addition to the restrictions set forth in Section 2(b), you and your Direct Users may not use the Platform in any way that does not comply with Bloomy Acceptable Use Policy, which is incorporated into these Terms by reference (https://bloomy.ai).
We strive to keep the Platform available 24/7/365 but may suspend access for maintenance or to protect it from attacks or other threats. We protect the Platform with robust physical, network, and data security measures. Online support for the Platform is available at chat on site, and paid users have access to email support.
a. Availability. Bloomy will use commercially reasonable efforts to make the Platform available at all times, except for scheduled downtime and any unavailability caused by events beyond our reasonable control, such as fires, natural disasters, government actions, civil unrest, Internet service provider failures or delays, or denial of service attacks that would not be stopped by the use of standard security measures.
b. Security. Bloomy will employ industry-standard technical, logical, and physical security measures and practices for the Platform and any Bloomy systems on which Direct User Content (as defined in Section 5(a)) is stored or processed designed to preserve the security and integrity of, and prevent unauthorized access to, the Platform, Bloomy Apps, and Direct User Content.
c. Support. Bloomy will provide all Updates to the Platform and any Add-Ons applicable to your Account as and when they become available. In addition, Direct Users with paid Subscriptions have access to email support at hello@bloomy.ai. Support personnel respond to all emails during normal business hours (Weekdays from 9AM-7PM EST), provided that requests received from Dedicated Users as well as “Team” and “Production” Subscription Direct Users take priority over other requests.
You are responsible for all content and operation of any Bloomy App you build, including the actions of any individual who accesses or uses your apps. You must include terms that are at least as protective of Bloomy as these Terms on your site. We can remove any content on the Platform or a Bloomy App that violates these Terms.
a. General. You are responsible for all text, images, photographs, or other materials provided or uploaded by you or Direct Users associated with your Account to the Platform or Site (“Direct User Content”). Direct User Content includes all content of Bloomy Apps, the design and workflow of a Bloomy App, all data generated by or submitted to a Bloomy App (including information relating to End Users), and any comments, reviews, responses or other information posted in any user forums or the equivalent. AS BETWEEN YOU AND BLOOMY, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT, OPERATION, AND MANAGEMENT OF ANY BLOOMY APP OR OTHER DIRECT USER CONTENT TO WHICH YOU HAVE ACCESS (INCLUDING IF SUCH DIRECT USER CONTENT WAS PRODUCED BY OTHERS OPERATING ON YOUR BEHALF, SUCH AS WHERE MULTIPLE DIRECT USERS HAVE ACCESS TO A SINGLE BLOOMY APP), AND YOU AGREE TO INDEMNIFY BLOOMY FOR ANY CLAIMS, DAMAGES, COSTS, AND LIABILITIES ARISING FROM SUCH BLOOMY APP OR CONTENT. For each piece of Direct User Content that you submit, you represent and warrant that: (i) you have the right to submit the Direct User Content to the Platform and grant the licenses set forth in this Section 4; (ii) if payment is required to any third party for the display of such Direct User Content that is licensed, you are solely responsible for all such payments and will indemnify Bloomy for any third party seeking license or other payments related to Direct User Content from Bloomy; (iii) the Direct User Content does not infringe, violate or misappropriate any third party’s rights, including any copyrights, trademarks or other intellectual property rights and privacy rights; and (iv) the Direct User Content complies with these Terms, the Acceptable Use Policy and all applicable laws.
b. End User Content and Bloomy App Terms. If End Users are allowed to post content on a Bloomy App, such content will be deemed Direct User Content of the Direct User(s) who own the Account(s) associated with such Bloomy App. Each Bloomy App must include terms of use that are at least as protective of Bloomy, and grant the controller of the Bloomy App the same rights with respect to removal and treatment of End User content that Bloomy has with respect to Direct User Content set forth in these Terms, including Sections 2(b), 3(c), 5(c), 5(e), 6(c), and 14.
c. Review and Removal of Content. Bloomy is not required to review Direct User Content, but may determine, in our sole discretion, that certain Direct User Content violates these Terms. We may remove such content, suspend your Account, suspend access to the applicable Bloomy App, or take any other steps that we deem appropriate in such case. Where applicable, Bloomy may still collect subscription fees from suspended accounts. Bloomy does not guarantee the accuracy, reliability or quality of Direct User Content. You acknowledge that by using the Platform, or by visiting a Bloomy App, you may be exposed to content that you may consider offensive, indecent or objectionable. If you believe that any content on the Platform infringes a third party copyright, trademark, or other intellectual property right, you may report the infringement as set forth in Section 14.
d. License to Bloomy. By posting, displaying, sharing or distributing Direct User Content on or through the Platform, you grant Bloomy, its affiliates, and any applicable Third Party Services a nonexclusive license to use such Direct User Content during the Term (as defined in Section 10) solely for the purpose of operating the Platform and providing related services. Bloomy is acquiring no rights in the Direct User Content except for the limited license set forth above.
e. Compliance and Preservation. Bloomy may access, preserve and disclose Account information and / or Direct User Content if Bloomy is required to do so by applicable law or if we believe in good faith that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce these Terms, (iii) respond to claims that any Direct User Content violates the rights of third parties, including pursuant to Section 12, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of the Platform, Bloomy, our employees, directors or officers, partners and agents, or members of the public.
f. Ownership Disputes. Sometimes ownership of an Account or Bloomy App is disputed between parties, such as a business and its employees, or a web designer and a client. We try not to get involved in these disputes. However, we reserve the right, at any time and in our sole discretion, and without notice to you, to determine rightful Account or Bloomy App ownership and to transfer an Account or Bloomy App to such owner. Our decision in that respect is final. If we feel that we can’t reasonably determine the rightful owner, we reserve the right to suspend an Account or Bloomy App until the disputing parties reach a resolution. We also may request documentation, such as a government-issued photo ID, credit card invoice or business license, to help determine the rightful owner.
We own the Platform and all information about its use that does not allow for the identification of individuals. You own your content. We may use any feedback you provide about the Platform or Bloomy without compensating you.
a. Platform. Aside from the limited license granted to you in Section 2(a), Bloomy retains all right, title and interest in and to the Platform, Documentation, and all Updates.
b. Direct User Content. Except for the limited licenses granted to Bloomy in Sections 5(c), 6(d) and 6(g), and subject to the limitations in 6(h), as between the parties, you retain all right, title, and interest in and to your Direct User Content. For the avoidance of doubt, except for Buyer Reviews, you may re-use any Direct User Content, including Bloomy App workflow and design, on other web platforms or media without restriction.
c. Usage Information. Bloomy owns all data regarding installation, registration, and use of the Platform, and related to Platform performance, including response times, load averages, usage statistics, and activity logs, (collectively, “Usage Information”). Usage Information includes information about Bloomy Apps incorporated into Bloomy App, and all Usage Statistics. Usage Information is used to contribute to analytical models used by Bloomy, to monitor and improve the Platform, and to perform Bloomy`s obligations under this Agreement.
d. Marks. You and Bloomy each retain all right, title and interest in and to their respective trademarks, service marks, logos, name, branding, and equivalent identifiers (“Marks”). You grant Bloomy a limited, non-exclusive, non-transferable, sublicensable right to use your Marks on the Platform and as otherwise required to fulfill its obligations hereunder, and for attribution as set forth in Section 14(e), consistent with your standard guidelines regarding the use of the Marks.
e. Feedback. Any feedback, comments, or suggestions you may provide regarding us, the Platform, or other services we offer (“Feedback”) is entirely voluntary and you hereby grant Bloomy a perpetual, irrevocable, and royalty-free right and license to use all Feedback in any lawful manner whatsoever, without any obligation to you.
We may make content or services provided by third parties available through the Platform as a convenience to our users. We are not responsible for their content or services, and recommend that you review their terms before using it.
a. Third Party Services. You are responsible for complying with the terms of use of all Third Party Services applicable to your use of the Platform. Bloomy is not responsible for the performance of Third Party Services. Bloomy will maintain compatibility of the Platform with Third Party Services accessed via the standard features of the Platform or Add-Ons as part of the support services set forth in Section 4(c).
b. Third Party Content. Bloomy may make content from third parties, including data provided by Third Party Services (“Third Party Content”), available via the Platform. Bloomy is not responsible for the accuracy or completeness of Third Party Content. If Bloomy is required to remove Third Party Content, or is notified that certain Third Party Content may violate applicable law or third party rights, Bloomy may remove such Third Party Content without notice.
Any fees for Platform Subscriptions are due in advance, are automatically charged to your credit card, and will continue until cancelled. We will charge sales tax where applicable. We use Stripe to process payments and you must agree to their terms when entering payment information.
a. Subscription. You do not need to pay to access the Platform, but certain features of the Platform are only available with a paid access plan (a “Subscription”). Subscription levels, features, and pricing are available at https://bloomy.ai/pricing. Fees for Subscriptions (“Subscription Fees”) are due in advance for each billing period, with the initial payment due when you add a Subscription to your Account (the “Subscription Start Date”). All Subscription Fees and other payments or credits related to your Account will be made in accordance with the charges and billing terms in effect when such payment is due or funds are received. You must provide us with a valid credit card or other payment method that we accept (“Payment Provider”), prior to starting a Subscription. You will promptly update your Account if there is any change to your payment information. Your Payment Provider agreement, and not these Terms, governs your use of the designated credit card or online transaction account. By providing your payment information, you agree that we may invoice you for all fees and charges when they become due to us (and process all payments due to you as a Seller) without additional notice or consent. We may change our fees and billing practices at any time, either by posting notice of such change on the App or notifying you within the Platform, provided that any pre-paid fees for Services not yet completed will not be affected by such change.
b. Automatic Renewal. Subscriptions will automatically renew at the rates then in effect until cancelled as set forth in Section 8(c). By subscribing, you authorize us to charge your Payment Provider at the beginning of any subscription period. Upon renewal of your Subscription, if we do not receive payment from your Payment Provider, you will either pay all amounts due on your Account within fifteen (15) days of the date such payment was due or we may terminate your Subscription.
c. Cancellation. Subscriptions may be cancelled at any time on the Platform. Monthly Subscriptions may be terminated at any time. Annual Subscriptions will automatically renew for an additional year at the then-current price for the selected Services unless cancelled prior to the anniversary of the applicable Subscription Start Date. Cancelled Accounts will immediately lose access to paid features on the Platform and other paid Bloomy services upon cancellation, including connection with any custom domain you may have set up.
d. Taxes. “Sales Tax” means any sales or use tax, and any equivalent tax measured by sales proceeds that we are required to pass through to our customers. Sales Tax is automatically calculated and added to all orders where applicable. To the extent applicable, all payments for the Services will be made free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to us will be your sole responsibility.
e. Payment Services. We use payment services (e.g., card acceptance, merchant settlement, and related services). By paying for a Subscription or a User Component, you agree to be bound by payment service Privacy Policy and authorize us and payment service to share any information and payment instructions you provide with your Payment Provider and any other Third Party Service provider(s) solely required to complete your transactions.
We will each keep the other’s sensitive information safe, and only use it as necessary.
a. General. “Confidential Information” means non-public or proprietary information in any form disclosed by or on behalf of either party that (i) is marked or identified as “confidential” or with a similar designation, or (ii) by its nature or the circumstances of its disclosure ought reasonably to be treated as confidential. The Platform, Documentation, and Usage Information is Bloomy Confidential Information. Each party may have access to the other party’s Confidential Information as a result of this Agreement. Confidential Information is the sole property of the disclosing party.
b. Use. Each party will: (i) only use Confidential Information to fulfill its obligations hereunder and/or as contemplated by these Terms and the Privacy Policy; (ii) only provide access to Confidential Information on an “as-needed” basis to its personnel, agents, and/or consultants who are bound by obligations materially similar to this Section 9(b), and (iii) maintain Confidential Information using methods at least as protective as it uses to protect its own information of a similar nature, but in no event with less than a reasonable degree of care. The obligations in this Section 9(b) will apply during and for one (1) year after the Term, except in the case of Confidential Information that is a trade secret, in which case the obligations will remain in effect as long as the trade secret is maintained.
c. Exceptions. Confidential Information does not include information that is: (i) publicly available when disclosed or becomes publicly available without fault of the recipient after disclosure; (ii) rightfully learned by recipient from entities not bound to keep such information confidential, (iii) independently developed by recipient; or (iv) approved for unrestricted disclosure by the disclosing party. In addition, a recipient may disclose the other party’s Confidential Information as required by court order or applicable law (provided that, to the extent legally permissible, the recipient promptly notifies the other party of such requirement and cooperates with the other party’s reasonable efforts to prevent or limit the scope of such disclosure, at the other party's expense).
You may terminate these Terms at any time by cancelling your subscription and stopping use of the Platform. We may terminate them for your breach, including failure to pay.
a. Term. These Terms will remain in effect for so long as you access the App or use the Platform (the “Term”).
b. Termination by Bloomy. If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of these Terms, or if we are required to do so by law (e.g., where the provision of the Platform becomes unlawful), we may, immediately and without notice, suspend or terminate your Account. We will not be liable to you or any third party for any such termination, except that, if we stop offering the Platform where required to do so by law, we will refund any prepaid Subscription Fees for the remainder of the Term then in effect within thirty (90) days of the date of termination.
c. Termination by You. Subscriptions may be cancelled at any time by going to Platform like in Section 8(c). Following the termination date of your Subscription, these Terms will no longer apply to you unless (and only to the extent that) you access the Platform.
d. Effect of Termination. Upon expiration or termination of this Agreement for any reason, the rights and licenses granted under this Agreement will immediately terminate. Sections 9, 10(d), and 11 through 14 will survive the termination or expiration of this Agreement for any reason.
The Platform is provided without any warranty, e.g. we do not claim or guarantee legally that we are bug-free. You are responsible for all costs and damages we suffer as a result of your content or breach of these Terms.
a. WARRANTY. THE PLATFORM IS PROVIDED “AS IS” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. BLOOMY MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PLATFORM, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. BLOOMY DOES NOT WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR WORK WITHOUT INTERRUPTIONS.
b. LIMITATION OF LIABILITY. EXCEPT IN CASES OF GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY, IN NO CASE (a) WILL BLOOMY'S LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT BE CHARGED TO BLOOMY, OR (b) NEITHER PARTY IS RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGE, REGARDLESS OF THE DAMAGE CAUSED AND ACCORDING TO ANY THEORY OF LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT, EVEN IF YOU HAVE BEEN WARNED ABOUT THE POSSIBILITY OF SUCH DAMAGE. THESE RESTRICTIONS WILL APPLY DESPITE ANY FAILURE TO FULFILL THE PRIMARY PURPOSE OF ANY LIMITED REMEDY..
c. INDEMNIFICATION. You will indemnify, defend and hold Bloomy harmless from any claim, action, suit or proceeding made or brought against Bloomy arising out of or related to (a) your breach of any term of this Agreement, or (b) Direct User Content.
We may remove content from the Platform or a Bloomy App that users report as infringing the intellectual property rights of others, or that we believe does so.
a. General. Bloomy respects the intellectual property rights of others and we expect our users to do the same. If you are a copyright owner and believe a user of the Platform or operator of a Bloomy App is infringing your copyright or the copyright of any third party, please notify our designated copyright agent in writing at the following address:
Bloomy AI, LTD.
International House, 109-111 Fulham Palace Road, London, United Kingdom, W6 8JA
hello@bloomy.ai
b. Notice Requirements. Each notification must include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly infringed, (ii) a description of the work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works, (iii) identification of the material that is claimed to be infringing, and information reasonably sufficient to permit Bloomy to locate the material, (iv) information reasonably sufficient to permit Bloomy to contact you, such as an address, telephone number, and, email address, (v) a written statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (vi) a statement made under penalty of perjury that the information in the notification is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.
Note that when Bloomy contacts the owner of the content that is claimed to be infringing, we may provide them with the rights owner's name, contact information, and nature of the report, so that contact between the two parties may be established.
c. Trademarks. The above process may be used to inform us of potential or suspected violations of other intellectual property rights, including unauthorized use of trademarked material.
d. Rights and Remedies. We may remove Direct User Content and other content on the Platform alleged to be infringing and terminate the right to use the Platform by any Direct User who infringes the intellectual property rights of another person or entity, in each case without prior notice and at our sole discretion.
UK law governs these Terms. Any dispute about the Platform or the Terms will be settled by arbitration, not a trial in front of a judge or jury, or through a class action lawsuit.
a. Governing Law. These Terms, for all purposes, will be governed and interpreted according to the laws of the UK, without giving effect to its conflicts of laws provisions that would require a different result.
b. Arbitration. Any dispute that may not be brought in small claims court will be resolved by binding and confidential arbitration conducted in the English language,in UK, London..
i. YOU ARE GIVING UP YOUR RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY FOR ANY DISPUTE ARISING UNDER THESE TERMS, EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE AS ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.
ii. ANY CLAIMS BROUGHT BY EITHER PARTY MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.
iii. You have the right to opt out of the provisions of this Section 13 (for purposes of this Section only, the “Arbitration Agreement”) requiring and governing arbitration by sending written notice of your decision to opt out to the following address: hello@bloomy.ai, Bloomy AI, LTD. International House, 109-111 Fulham Palace Road, London, United Kingdom, W6 8JA: Legal within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Account username (if any), the email address you used to set up your Account (if you have one), and an unequivocal 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 to you.
iv. Any arbitration award will be final and binding upon the parties without appeal or review except as permitted by UK law. Each party will bear its own costs with respect to the arbitration procedure.
v. Notwithstanding the foregoing, (1) either party may bring an individual action in small claims court, and (2) claims of (A) defamation, (B) violation of the Computer Fraud and Abuse Act, or (C) infringement or misappropriation of the other party’s intellectual property rights, may be exclusively brought in UK, London. The parties agree to submit to the exclusive personal jurisdiction of such courts for such purpose. A request for equitable relief will not be deemed a waiver of the right to arbitrate.
c. Enforceability. With the exception of Section 13(b)(i), if any part of Section 13(b) is deemed to be invalid or unenforceable for any reason then the balance of Section 14(b) will remain in effect. If, however, Section 13(b)(i) is found to be invalid or unenforceable for any reason, or we receive a valid opt-out notice from you pursuant to Section 13(b)(iii), then Section 13(b) will be null and void, neither party will be entitled to arbitration, and any claims relating to the Terms or Platform will be exclusively brought in the UK, London court.
a. Assignment. You may not assign these Terms or any rights or obligations without Bloomy’s prior written consent. Subject to the foregoing, these Terms will inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. Any attempted assignment in violation of this Section 14(a) will be null and void.
b. Export Regulations. The Platform may be subject to export laws and regulations of the UK and other jurisdictions. You represent that you are not named on any UK government denied-party list. You will not permit Direct Users to access or use the Platform in a UK-embargoed country or in violation of any UK export law or regulation.
c. UK Government Restricted Rights. If a government agency has a need for rights not conveyed under these Terms, it must negotiate with Bloomy to determine if there are acceptable terms for transferring such rights, and a mutually acceptable written addendum specifically conveying such rights must be included in any applicable contract or agreement.
d. Severability. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the remaining provisions will remain in full force and effect.
e. Attribution. We may identify you as a client in standard marketing materials, including the customer page of the Site.
f. Waiver. The waiver of a breach of any term hereof will in no way be construed as a waiver of any other term or breach hereof.
g. Entire Agreement; Modification. These Terms are the entire understanding of the parties with respect to their subject matter and supersede any previous or contemporaneous communications, whether oral or written. These Terms may be modified as set forth in Section 1(f) or in a writing signed by both parties.
h. Headings and Interpretation. Headings and the summary explanations at the beginning of each Section of these Terms are for reference only and do not affect the parties’ rights and obligations hereunder. As used herein, “may” means “has the right, but not the obligation, to”; “includes” and its variations means “includes, but is not limited to”; and “days” means calendar days, provided that obligations that would be due on a weekend or holiday will be due on the next business day following such weekend or holiday.
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