Terms Of Service
Last updated: 12/20/24
To ensure security and legal compliance, you may be asked to present valid identification. If you fail to provide requested identification, you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your User Account and refuse any and all current or future use of the Services (or any portion thereof).
iBloom may also suspend or terminate your User Account if, in it's sole discretion, it believes: (a) you have violated these Terms; (b) you have violated any Applicable Law in connection with your use of the Services; (c) your continued use of the Services may, in iBloom’s sole opinion, endanger your health and/or the safety or the health and safety of others; or (d) you have communicated or acted in an inappropriate, offensive, or discriminatory manner towards any user or iBloom employee, contractor, or agent.
You should check your account settings on each Integration Service to understand the information sent to us through each Integration Service, and any changes you can make in those account settings. You agree that any Integrated Service is Third Party Material (as defined below), and you are solely responsible for your interactions with the Integrated Service as a result of accessing the Services through the Integrated Service. iBloom does not control the practices of Integrated Services, and you are advised to read the privacy policy and terms of service of any Integrated Service that you use to understand their practices.
We may reject or require that you change any username, password, or other information that you provide to us in registering. Your username and password are for your personal use only and should be kept confidential; you, and not iBloom, are responsible for any use or misuse of your username or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your username, password, or User Account. You are limited to one active User Account, and you may not use the account of any other iBloom User at any time.
Your cooperation is imperative in safeguarding your personal information. Choose your User Account password carefully, as anyone with access to your User Account password will be able to assume your online identity and view your personal information, change your personal or User Account information, and communicate with iBloom. It is your responsibility to prevent disclosure of your password to others, and to change your password if you feel that it's security has been compromised. You may change your password through the Website or App. You will periodically receive correspondence from iBloom at the email address you register with your account. Accordingly, it is critical that you safeguard your designated email address and restrict access thereto. The registration of an email address with your account indicates your consent for iBloom to transmit your personal information, including User Account information, to such address.
a) Child User: If you are under the age of 18 (in the United States, or under the legal age of consent in your country, then you are a “Child User”), you may NOT create an account for the Services without consent and approval from your parent or legal guardian, or from your School as explained below. Child Users under the age of 13 are prohibited from accessing iBloom’s AI or creating AI content. If you are under the age of 18, (or under the legal age of majority in your country), you represent that your parent or legal guardian has reviewed and agreed to the Terms on your behalf. Except for accounts created for School Use as defined herein, Child Users that begin the registration process without a Parent User (as defined below) may have the registration process restricted until a parent or legal guardian approves or assumes responsibility for the Child User account. A Child User may use the Services if registered through Schools that have District Agreements, and in certain cases, by School Personnel that have entered into a relationship directly with iBloom, so long as the School or School Personnel has/have obtained parent or legal guardian consent, or has/have complied with an exemption to parental consent requirements under Applicable Law. A Child User will only be permitted to use the Services for so long as iBloom reasonably believes that such access has been consented to by the Child User’s parent, legal guardian, or by School Consent).
b) Parent User: If you are at least 18 years of age and you are the parent or legal guardian of a child that seeks to register as a Child User of the Services, you may register a parent account on the Services (“Parent User”). For the purposes of these Terms, “parental consent” refers to a parent or legal guardian providing consent for their Child User. Through a Parent User account, you may create, register, manage and approve Child User accounts only for your own child(ren) or child(ren) for whom you are a legal guardian. IF YOU REGISTER, APPROVE OR CONSENT TO THE REGISTRATION OF, OR OTHERWISE ASSUME RESPONSIBILITY FOR ANY CHILD USER, YOU REPRESENT AND WARRANT THAT YOU ARE SUCH CHILD USER’S PARENT OR LEGAL GUARDIAN AND YOU AGREE TO BE BOUND BY THE TERMS ON BEHALF OF SUCH CHILD USER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE WEBSITE BY YOUR CHILD USER. YOU AGREE TO INDEMNIFY AND HOLD IBLOOM HARMLESS FOR ANY AND ALL DATA COLLECTED ABOUT A USER OR CHILD USER BY THE SERVICES. You are responsible for educating your Child User on responsible use of the Services, including our Rules of Conduct and refraining from submitting any personally identifiable information to the Services. It is your responsibility to monitor and manage your child’s access to the Services.
If you request access for your Child User, then your Child User will be considered an authorized User, and you are responsible for their actions (and use of) the Services. You acknowledge that iBloom may choose, but is not obligated, to make any inquiries, either directly or through third parties, that iBloom deems necessary to validate your registration information, or registration information associated with a Child User account, including without limitation engaging third parties to provide verification services. iBloom reserves all right to take legal action against anyone who misrepresents personal information or is otherwise untruthful about their identity. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT IBLOOM CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION SUBMITTED BY ANY USER AND IBLOOM IS NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER, INCLUDING ANY USER’S CLAIM TO BE A PARENT USER, OR TO VERIFY THAT A PARENT IDENTIFIED BY A CHILD USER OR OTHER PARTY DURING REGISTRATION IS SUCH CHILD USER’S ACTUAL PARENT OR LEGAL GUARDIAN. A Parent User account, along with all associated Child User accounts, may be terminated by iBloom at any time and without warning for any failure to abide by these Terms.
c) School Use: iBloom may make available certain features and tools that permit Users registered as teachers, aides, principals, administrators, district administrators, or other similar personnel (“School Personnel”) to work with Child Users and other Users through the Services in order to provide them with tutorial, educational and other education-related services as part of the school’s curriculum, and to review and evaluate educational achievement and progress of such Students. If you are School Personnel accessing the Services on behalf of a school, school district, or other similar educational institution (a “School”), the following terms apply:
- Limitations on Use. The Services and Website are provided to you for educational purposes as part of the School’s curriculum. You must use the Services and the Website in compliance with all Applicable Laws, rules, and regulations. You are responsible for determining (and confirming) that your use of the Services and the Website is permitted by your School and any applicable policies, including any district and School policies. You agree not to reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purpose, any portion of the Services, the Website, or access to the Services or Website.
- Responsibility for Consent, Notices. You and/or the School assume responsibility for obtaining any consents required from parents or legal guardians, and for providing appropriate disclosures to School Users and their parents regarding the School Users’ use of the Services, our Terms, and our Privacy Policy. You agree to be bound by these Terms on behalf of the School User, for so long as the School User account is not transferred to or assumed by a valid Parent User account or personal account for a Student of eligible age.
IF YOU ARE SCHOOL PERSONNEL AND YOU REGISTER AN ACCOUNT FOR A CHILD USER OR OTHER STUDENT (EACH, A “SCHOOL USER”) OR DIRECT A SCHOOL USER TO CREATE AN ACCOUNT FOR SCHOOL USE, YOU REPRESENT AND WARRANT THAT YOU HAVE EITHER RECEIVED EXPRESS CONSENT FROM SUCH SCHOOL USER’S PARENT OR LEGAL GUARDIAN FOR REGISTRATION OF THE SCHOOL USER AND DISCLOSURE OF RELATED INFORMATION TO IBLOOM OR THAT YOU (OR YOUR INSTITUTION) HAVE COMPLIED AND WILL COMPLY WITH ALL APPLICABLE REQUIREMENTS OF AN EXEMPTION FROM OR EXCEPTION TO PARENTAL CONSENT REQUIREMENTS, (IF ONE IS AVAILABLE), NECESSARY FOR YOU TO REGISTER THE SCHOOL USER FOR THE WEBSITE AND PROVIDE TO IBLOOM THE INFORMATION YOU DISCLOSE IN CONNECTION WITH THE REGISTRATION OF SUCH SCHOOL USER. iBloom reserves the right to request, at any time, that School Personnel (or the School) provide records of notice provided to, and consent provided by, parents or legal guardians. - Compliance with US Laws. Specifically, if you are using our Services for School use in the United States, you agree, individually and on behalf of the School, that:
- You are familiar with and agree to be responsible for compliance with the Family Educational Rights and Privacy Act and the US Department of Education’s implementing regulations at 34 CFR Part 99 (collectively, “FERPA”), and all other Applicable Laws, rules, or regulations concerning the collection, use, and disclosure of personally identifiable information about Users in your School (collectively, “Applicable Privacy Law”).
- You assume responsibility (and hereby agree that iBloom is not responsible) for providing appropriate notices and disclosures to students using iBloom for classroom use (“Students”) and their parents regarding Student use of the Website, our Terms, and our Privacy Policy, including any notices pursuant to the Children's Online Privacy Protection Act (“COPPA”), FERPA, or other Applicable Privacy Law. You agree to comply with any applicable requirements under COPPA and it's implementing regulations to provide the parents or legal guardians of Child Users direct notice regarding our practices with respect to collection, use, and disclosure of their personal information as well as access to our Privacy Policy.
- You assume responsibility (and hereby agree that iBloom is not responsible) for obtaining any consents required from parents or legal guardians to the extent required under COPPA, FERPA, or other Applicable Privacy Law, in connection with the Services, use of the Website for classroom use (including use of Linked Accounts), and disclosure of personally identifiable information to iBloom in connection therewith. You represent and warrant to iBloom that, prior to creation of accounts for School Use, you have either obtained all necessary parent or legal guardian consents, or have complied and will comply with all applicable requirements of an exemption from or exception to parental consent requirements, (if any), including (i) under FERPA, you have complied and will comply with the “school official” exception, or the “directory information” exception thereunder; (ii) under COPPA, with respect to Students under the age of 13, you are acting as the agent of the parent and consenting on their behalf to the sharing of the Student’s personal information. Where parental consent is required under COPPA, you agree to employ requisite methods to obtain verifiable parental consent, pursuant to requirements under COPPA and it's implementing regulations; and (iii) you have satisfied any other parental consent or notice requirements applicable to use of our Services by your School. We refer to this as “School Consent”.
If a Parent User does not consent or rescinds such School Consent, School Personnel or the School shall immediately notify iBloom to discontinue that Student’s access to the Services and ensure that such Student’s information is no longer accessible through the Services. Under no circumstances will iBloom be liable for the School Personnel’s failure to consult their School’s authorities and administrators or for failing to obtain School Consent when required.
- Identification of School Accounts. Students and School Personnel may have personal accounts, in addition to accounts established for use in the classroom and associated with the School's use of the Services (“School Accounts”). If the School has a separate written service agreement with iBloom, accounts provided for classroom use will be designated as School Accounts. In other cases, in order for accounts established for use in the classroom to be designated as “School Accounts,” the accounts must be (1) created by School Personnel (for example, when a teacher creates the username, login and password to establish School Accounts, or when the teacher rosters a class using Google Classroom, Clever, ClassLink, or similar Integrated Service (to the extent we support use of such Integrated Service)), or (2) created by a School User at the direction of a School, in each case, using a School email address and associated with a School’s class on the Service. User Accounts created with a personal email address will not be considered School Accounts, and will be administered as personal accounts.
If you have questions about how to create School Accounts that are associated with a School’s class on the Service, please contact our customer support team. If you are School Personnel and you choose to allow your Students to log in on the Services using an Integrated Service (to the extent we support use of such Integrated Service), you are responsible for educating your Students on the proper use of Integrated Services and protecting their accounts. - Option to Use AI. Subject to Applicable Law, these Terms, and any applicable District Agreement or other agreement between iBloom and Schools, iBloom may provide School Personnel with an option to activate iBloom’s AI for School User’s 13 years old and older. iBloom reserves the right to discontinue this access at any time.
d) Tutors: iBloom may make available certain features and tools that allow Users to add another User, such as a tutor, friend, or family member, and who are not School Personnel or Parent Users (who have different account permissions), the ability to view the activity in their iBloom account in order to provide them with tutoring or coaching help on the iBloom Service platform (“Tutors”). A Parent User associated with a Child User can disable the coaching feature upon account creation or in the Child’s User’s account settings. If you are a Tutor, the following provisions apply to you. You may use iBloom features and tools only for purposes of providing tutoring, coaching, or other education-related assistance to a User that already has an iBloom account.
TUTORS ARE NOT PERMITTED TO CREATE OR REGISTER ACCOUNTS FOR ANY OTHER USER. In order to begin a tutoring relationship, the Student or other User you wish to tutor must: (i) either have a pre-existing iBloom account on the Services, or (ii) must establish an iBloom account pursuant to these Terms. As a Tutor, you are not allowed to create (or register) an account for someone else. YOU UNDERSTAND THAT REGISTRATION OF A PERSONAL ACCOUNT BY OR FOR A CHILD USER REQUIRES CONSENT FROM SUCH USER’S PARENT OR LEGAL GUARDIAN. TUTORS MAY NOT PROVIDE THIS CONSENT DIRECTLY OR ON BEHALF OF THE PARENT OR LEGAL GUARDIAN. You must use the Services and the Website in compliance with all Applicable Laws, rules, and regulations.
e) Linked Accounts: You may be permitted to associate a personal account with a School Account by using the login credentials associated with a personal account to join a class or use the account for School-directed learning. If a User chooses to associate a personal account with their School Account, the two accounts will be deemed “Linked Accounts”, and the User’s learning activity (information regarding use of the Website generated by the User through use of the Website), whether generated during or outside of School use, may be viewed by any person with access to either account. Linked Accounts are not separately functioning accounts; they permit access to a singular iBloom account using more than one account interface or set of access credentials.
Linked Accounts may benefit Students who want to use the Website for both personal and School purposes, by allowing School Personnel to have a deeper understanding of Student progress, and by allowing Users to keep track of all of their iBloom learning activity on an aggregate basis. The User’s election to enable account linking must be made, if at all, in connection with the initial account registration and rostering process for a given School year. Once accounts are linked, they cannot be separated. iBloom may (but is not required to) enable linking of accounts as described herein. Upon any termination of the School Account by authorized School Personnel, the User’s learning activity (including any learning activity from School use) may not be retained in any Linked personal account.
f) School Districts: iBloom may enter into supplemental written agreements with school districts with respect to use of the Services on a district-wide basis (“District Agreements”). Pursuant to District Agreements, we may provide additional services to districts, and/or may provide additional undertakings to districts with respect to the Services. Except as otherwise provided in a District Agreement, these Terms remain in effect for all individual Users of the Services in the relevant district.
g) International Use: iBloom operates the Services in the United States. If you choose to access our Services from locations outside the United States, you acknowledge and agree to iBloom’s collection, transmission, use, storage and processing of content and data (including your personal information) in the United States. You agree to comply with and are solely responsible for ensuring compliance with all local laws, regulations, and rules in the jurisdiction in which you reside or access the Services, if and to the extent local laws are applicable to use of our Services. If you are under the age of 18 (or under the age of majority in the jurisdiction in which you reside), you confirm that you have received parental consent, if required in your jurisdiction, to open an account for Service and enter into these Terms, and that your parent has approved these terms on your behalf.
Where parent consent is required (including but limited to use within a School), it must be provided by a parent or legal guardian or other person authorized to provide parent consent under the laws of your jurisdiction. Unless we have entered into a separate, mutually executed written agreement with you that says otherwise, we do not represent that our Services are appropriate or available for use in jurisdictions outside the United States. The right to access and use the Services is not granted in jurisdictions, if any, where it may be prohibited, or where your use would render iBloom in violation of any Applicable Laws or regulations, including without limitation, Applicable Privacy Laws.
5. Changes:
We may change these Terms from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Website. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes or otherwise notified you of such changes. Your use of the Services following any changes to these Terms will constitute your acceptance of such changes. At iBloom, we are always striving to improve the Services we offer and how we deliver them to our User. Our motto is "constant improvement." To that end, if you have any questions or suggestions about our website, our Services, or the way our website functions, we encourage you to contact us at INSERT LINK and we would be happy to consider any suggestions you may have.Except as set forth in these Terms, iBloom does not permit children under the age of 13 to create an account and does not knowingly collect personally identifying information from children under the age of 13 without the consent and at the direction of a parent, legal guardian, or a School. Please contact us if you believe we have inadvertently collected information from a child under 13 without parental consent so that we may delete the information as soon as possible. When the Services are used by a School, the School may authorize iBloom to collect information from a child under 13, subject to Applicable Law and these Terms.
We operate the App, Website, and Services from our offices in Washington State, United States, and make no representation that they are appropriate or available for use in other locations. The Website and Services are controlled or operated (or both) from the United States and are not intended to subject iBloom to any non-U.S. jurisdiction or law. The Website and Services may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Website or Services is at your own risk, and you must comply with all Applicable Laws, rules, and regulations in doing so. We may limit the Website or Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
iBloom may, at it's sole discretion, offer a Subscription Program for a limited period of time at no charge (a “Free Trial”). iBloom reserves the right to modify the terms and conditions of a Free Trial offer or cancel any Free Trial at any time without notice. You may be required to enter your billing information in order to sign up for the Free Trial. You will not be charged for the Program until the Free Trial has expired. On the last day of the Free Trial period, unless you cancel your Subscription Program, you will be automatically charged the applicable subscription fees for the type of subscription you have selected.
AS A MEMBER OF OUR SUBSCRIPTION PROGRAM, THE VALID CREDIT CARD NUMBER YOU PROVIDED AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT WILL BE AUTOMATICALLY CHARGED ON A PERIODIC AND RECURRING BASIS, DEPENDING ON THE TYPE OF PLAN YOU SELECT WHEN PURCHASING THE SUBSCRIPTION PROGRAM. AT THE END OF EACH SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNDER THE SAME TERMS OF SERVICE UNLESS CANCELLED BY YOU OR IBLOOM. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN OUR SUBSCRIPTION PROGRAM, YOU MUST DO SO THROUGH YOUR ACCOUNT PAGE ON THE WEBSITE, THE APP, OR THROUGH THE DISTRIBUTION SERVICE OPERATED AND DEVELOPED BY APPLE INC. (APPLE APP STORE), GOOGLE INC. (GOOGLE PLAY STORE), OR OTHER DISTRIBUTION SERVICE IN WHICH THE APPLICATION HAS BEEN DOWNLOADED (“Application Store”).
It is your responsibility to provide current, complete, and accurate information for billing in your User Account. You are responsible for promptly updating all information to keep your billing information current, complete, and accurate (e.g., change in billing address, credit card number, credit card expiration date, or telephone number). You must promptly notify us if your credit card information is cancelled or is no longer valid (e.g., loss or theft). Changes to such information can be made through the Website or through the pertinent Application Store. If your credit card fails to process for a shipment, your membership in our Subscription Program may be terminated. iBloom may seek pre-authorization of your credit card prior to your purchase to verify that the credit card is valid and the necessary funds or credit is available to cover your purchase.
iBloom reserves the right, in it's sole discretion, to modify subscription fees at any time. iBloom may or may not provide you with reasonable notice prior to charging you any increased subscription fee. Your continued use of the Services after the effective date of the subscription fee modification constitutes your assent to pay the modified subscription fee amount for all subsequent billing cycles until the Services have been cancelled or terminated by you or iBloom. Except where required by law or agreed to by iBloom on a case-by-case basis and in it's sole discretion, subscription fees are non-refundable. Certain refund requests for subscriptions may be considered by iBloom on a case-by-case basis and granted at the sole discretion of iBloom.
You acknowledge that iBloom may from time to time issue updates and upgrades, including but not limited to upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device. By installing the App, you consent to the activation of the App by iBloom and to all future automatic upgrading and updating of the App on your device. You agree that these Terms, as amended from time to time, shall apply to such upgrades. You can withdraw your consent at any time by uninstalling the App.
You acknowledge, understand, and agree that the App and Service (including any updates and upgrades), will: (x) cause your device to automatically communicate with our servers to deliver the Service’s functionalities (as described in the Application Store where you downloaded the App (such as iTunes and Google stores) (y) affect the app-related preferences or data stored in your device, and (z) collect personal information as set out in our Privacy Policy. Any third-party code that may be incorporated in the App is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the App or any copy thereof, and iBloom or it's third-party partners or suppliers retain all right, title, and interest in the App (and any copy thereof).
Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. Your agreement to receive Communications is not a condition of any purchase. If you wish to opt out of promotional emails, you can unsubscribe by following the unsubscribe options in the App, text messages, and promotional emails.
- Post, transmit or otherwise make available through or in connection with the Website. App, or social media sites any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
- Post, transmit or otherwise make available through or in connection with the Website any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
- Allow, enable, or otherwise support the transmission of unsolicited or unauthorized advertising, junk or bulk email (SPAM), chain letters, letters relating to a pyramid scheme, or any other unsolicited commercial or non-commercial communication.
- Use the Website or Services for any commercial purpose or for any purpose that is fraudulent or otherwise unlawful.
- Create a false identity for the purpose of misleading others, impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.
- Harvest or collect information about Users of the Website, App, or Services.
- Interfere with or disrupt the operation of the Services or the servers or networks used to make the Website and App available, including by hacking or defacing any portion of the Website; or violate any requirement, procedure or policy of such servers or networks.
- Restrict or inhibit any other person from using the Website or Services.
- Infringe the patent, trademark, trade secret, copyright or other intellectual property or other rights of another person or entity.
- Reverse engineer, decompile or disassemble any portion of the App, Website, or Services, except where such restriction is expressly prohibited by Applicable Law.
- Frame or mirror any portion of the Website, or otherwise incorporate any portion of the Website into any product or service, without iBloom’s express prior written consent.
- Remove any copyright, trademark or other proprietary rights notice from the Website.
- Systematically download and store App or Website content.
- Attempt to disable, bypass, modify, defeat, or otherwise circumvent any security related tools incorporated into or used in connection with the App or Website.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Website content, or reproduce or circumvent the navigational structure or presentation of the Website, without iBloom’s express prior written consent.
- “Frame” or “mirror” any iBloom content which forms part of the Website, place pop-up windows over it's pages, or otherwise affect the display of it's pages.
You shall notify iBloom immediately if you become aware of any inaccuracies, errors, omissions or inconsistencies in the information or content provided through the App or Website and to comply with any corrective action taken by iBloom. You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the App, Website, and Services.
We reserve the right to investigate any transactions, activity, or interaction with our Website, Services, or Product(s) that we believe, in our sole discretion, is abusing or has abused the Terms, Services, or Product(s). We reserve the right to cancel any order and/or terminate any User Account that we believe, in our sole discretion, is abusing or has abused the Terms, Services, or Product(s), including, without limitation, by engaging in a pattern of creating multiple accounts. Any failure to comply with this Agreement, any fraud or abuse, or any misrepresentation of any information furnished to iBloom by you or anyone acting on your behalf may result in the termination of your User Account. If iBloom has any reason to suspect fraudulent activity is associated with your User Account, iBloom reserves the right to delay or withhold Products and/or Services. iBloom decisions are final.
iBloom reserves the right to determine the pricing of it's Products. iBloom will make reasonable efforts to keep pricing information published on the App and Website up to date. We encourage you to check our App or Website periodically for current pricing information. iBloom may change the fees for any feature or product, including additional fees or charges, if iBloom provides advance notice of changes before they apply. iBloom, at it's sole discretion, may make promotional offers with different features and different pricing to any of iBloom’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
Purchase of products for resale (to other consumers, businesses, or third parties) is strictly prohibited. If iBloom believes you are involved in purchase for resale, iBloom reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your User Account.
Your payment method may require validation or authorization of the Transaction. iBloom will not be liable for any delay or non-delivery of any order caused by non-receipt of the required validation or authorization. If your payment method fails or fees associated with your User Account are past due,we may collect fees owed using other collection mechanisms, include charging other payment methods on file (including with our payment processor) and/or retaining collection agencies and legal counsel. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner. We reserve the right to change the types of Transactions for which we charge. Trials and subscriptions of Products or Services are subject to the terms of service applicable to such trials and subscriptions available on the App or Website.
iBloom reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount, trial, or similar promotion; to bar any User from making any Transaction; and to refuse to provide any User with any Product. You agree to pay all charges incurred by you or on your behalf through the App or Website, at the prices in effect when such charges are incurred, including all shipping and handling charges if applicable. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product or Service.
To the extent iBloom ships Product, such Products will be shipped to an address designated by you, so long as such address is complete and complies with the shipping restrictions contained on the App or Website. All Transactions are made pursuant to a shipment contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to Product availability, errors in the description or prices for goods, other errors in your order, or if we suspect the order is the result of an unauthorized or illegal transaction or is otherwise unsafe or inappropriate.
If you accept the substitution, the order total will be adjusted accordingly. Should you receive a Product that is not as described (or that you did not order), your sole remedy is to notify us and, we will, in our sole discretion, either allow you to return the unused Product for a refund or provide you with a reasonable substitute. If you accept the substitution, the order total will be adjusted accordingly. Except as set forth herein, refunds and exchanges are not permitted.
iBloom reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount, trial, or similar promotion; to bar any User from making any Transaction; and to refuse to provide any User with any Product. You agree to pay all charges incurred by you or on your behalf through the App or Website, at the prices in effect when such charges are incurred, including all shipping and handling charges if applicable. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product or Service.
a) User Content: iBloom may, in it's sole discretion, permit Users from time to time (i) to submit, upload, publish or otherwise make available to iBloom textual, audio, and/or visual content and information, and submission of entries for competitions and promotions (“User Postings”); and (b) provide input to iBloom’s AI (“Input”) and receive output generated and returned by the AI based on the input (“Output”) (together the Input and Output form “AI Content”) (together User Postings and AI Content form “User Content”). You understand that whether or not such User Content is published, iBloom does not guarantee any confidentiality with respect to any User Posting submissions. Any User Content provided by you remains your property. However, by providing User Content to iBloom, you grant iBloom a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and iBloom’s business and on third party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
Such license is perpetual and irrevocable, except to the extent required to comply with Applicable Privacy Law relating to ownership and control of your personal information, including education records. With respect to School Accounts, consistent with Applicable Privacy Law, as between iBloom and you, you (or your School, as applicable) retain all ownership rights you have in any User Content to the extent such content is an education record.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant iBloom the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor iBloom’s use of User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any Applicable Law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by iBloom in it's sole discretion, whether or not such material may be protected by law. iBloom may, but shall not be obligated to, review, monitor, and remove User Content, at iBloom’s sole discretion and at any time and for any reason, without notice to you.
iBloom reserves the right in it's sole discretion, but does not have any obligation, to determine whether any AI Content violates these Terms, and can refuse, remove, or edit such AI Content, and may remove access to the Services at any time for non-compliance with these terms. For clarity, AI Content is User Content. You acknowledge that due to the nature of machine learning and the technology powering our chatbot, your Output may not be unique, and the same or similar Output may be provided to other Users. You are responsible for the AI Content that you and your authorized Users generate, including for ensuring that you have rights to submit the Input and that your use of Input does not infringe upon the intellectual property rights of others or violate any Applicable Law or these Terms. YOU ARE SOLELY RESPONSIBLE FOR YOUR USER CONTENT AND THE CONSEQUENCES OF POSTING, CREATING, OR PUBLISHING SUCH USER CONTENT.
AI Content is intended for personal use and not to generate content for broad-based publication. It is your responsibility to review Output and double check Output with reputable sources prior to sharing. You may choose to share AI Content you generate for any legal, personal, non-commercial purpose, under the following conditions: (i) the role of AI in formulating the content is clearly and prominently disclosed; (ii) the content is attributed to your name or organization, as applicable; (iii) topics of the content do not violate our terms on Prohibited Conduct; and (iv) you directly review the AI Content to ensure compliance with these Terms. It is your responsibility to review Output and double check Output with reputable sources prior to sharing.
b) License Grant to Users:
- User Postings. By posting, submitting or distributing User Postings through the Services, you hereby grant to each User of the Services a non-exclusive license to access and use your User Postings in any manner permitted or made available by iBloom on or through the Services.
- Downloadable Content. The Services may permit you to download mobile applications or certain digital educational content (“Downloadable Content”). Subject to your complete and ongoing compliance with all the terms of service set forth herein, iBloom grants you, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, view and use the Downloadable Content, in object code form, on devices owned or controlled by you, solely for your personal, non-commercial purposes. You agree not to (A) modify or create derivative works of the Downloadable Content (B) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management, technical limitations or security features in or protecting the Downloadable Content, and (C) remove any copyright and other proprietary notices on the Downloadable Content and all copies thereof.
c) Access to User Content: iBloom may permit Users to share their User Content with a select group of other Users, or make their User Content public for all (even non-Services users) to view. You acknowledge and agree that, although iBloom may provide certain features intended to allow you to restrict some User Content you create from others, iBloom does not guarantee that such User Content will never be accessible by others. In the event of unauthorized access, iBloom will use reasonable efforts to notify you. IBLOOM HEREBY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY UNAUTHORIZED ACCESS TO ANY RESTRICTED USER CONTENT.
d) User Content Disclaimer: You understand that when using the Services you may be exposed to User Content from a variety of sources, and that iBloom is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You are solely responsible for your interactions with other users of the Services, and any other parties with whom you interact through the Service. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against iBloom with respect thereto. iBloom does not endorse any User Content or any opinion, recommendation or advice expressed therein, and iBloom expressly disclaims any and all liability in connection with User Content. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person or User.
e) User Dispute Release: If you have a dispute with one or more Users, you release the iBloom Parties from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data. If you are a California resident, you waive your rights under California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” And, if you are not a California resident, you waive your rights under any applicable statutes of a similar effect, to the fullest extent permissible under Applicable Law.
f) Product Reviews: You may be asked to rate and post reviews of Products (“Reviews”), which will be considered User Content. Reviews are not endorsed by iBloom and do not represent the views of iBloom. iBloom shall have no liability for Reviews or for any claims for economic loss resulting from such Reviews. Because we strive to maintain a high level of integrity with respect to Reviews posted or otherwise made available through the Services, you agree that: (i) you will base any Review on first-hand experience with or Product; (ii) you will not provide a Review for any Product for which you have an ownership interest, employment relationship or other affiliation or for any of that company’s competitors; (iii) you will not submit a Review in exchange for payment, free food items, or other benefits; (iv) any Review you submit will comply with the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising; and (v) your Review will comply with these Terms. If we determine, in our sole discretion, that any Review could diminish the integrity of the Reviews or otherwise violates these Terms, we may remove such Reviews without notice.
g) Feedback: We encourage and welcome your feedback on our Services and Betas. By submitting suggestions or other feedback related to our Services to us, you agree that we can (but do not have to) use and share such feedback for any purpose without compensation to you. We will honor any limits we agree to when we collect feedback. You may identify errors or bugs, provide suggestions on the user experience, and offer other ideas, suggestions, guidance, or other information related to our Services and Betas. We may solicit feedback from you and your authorized Users, via surveys, interviews, observations, or other interactions. Participation in surveys and interviews is optional. You understand that you will not receive any compensation for your feedback or suggestions. You grant us a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate your feedback into our Services or to develop new features and functionality to the Services.
Additionally, you represent, warrant and agree that (x) you possess all rights necessary to provide your User Content and grant iBloom the rights in these Terms; (y) you will comply with Applicable Laws in connection with your use of the Service; and (z), if you are School Personnel, you understand that you are responsible for providing notices and obtaining consents (if any) required by Applicable Laws for Students to use the Services or to provide User Content, including, for US schools, compliance with any applicable provisions of FERPA and COPPA when using School Consent.
In addition, the availability of any Third Party Materials through the Website does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider. YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS). IBLOOM ACCEPTS NO RESPONSIBILITY AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR USE OF ANY THIRD-PARTY WEBSITES OR SERVICES.
a) Disclaimer: TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE APP, WEBSITE, SERVICES, AND ANY PRODUCTS OR SERVICE AND THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (B) IBLOOM DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE WEBSITE, APP, AND ANY PRODUCTS OR SERVICES AND THIRD PARTY MATERIALS, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE.
YOU UNDERSTAND AND AGREE THAT ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE USE OF THE APP OR WEBSITE ARE OBTAINED AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM THE USE THEREOF. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IBLOOM OR THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. ALL DISCLAIMERS OF ANY KIND ARE MADE FOR THE BENEFIT OF IBLOOM AND it's AGENTS, MEMBERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND LICENSORS.
b) No Guarantee: While iBloom will try to maintain the timeliness, integrity, and security of the App and Website, we do not guarantee that the App or Website are or will remain updated, complete, correct, or secure, or that access to the App or Website will be uninterrupted. The App or Website may include inaccuracies, errors, and materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to the App or Website. If you become aware of any such alteration, contact us with a description of such alteration and it's location on the App or Website
c) AI Enabled Services: YOU ACKNOWLEDGE AND AGREE THAT OUTPUT FROM IBLOOM’S AI OR OTHER AI-ENABLED SERVICES MAY INCLUDE ERRORS (INCLUDING WITHOUT LIMITATION MATH ERRORS), MAY REFLECT BIASED, INCOMPLETE, OR INCORRECT INFORMATION, MAY PROVIDE OBJECTIONABLE OR OFFENSIVE RESPONSES, MAY NOT ACCOUNT FOR EVENTS OR CHANGES TO UNDERLYING FACTS OCCURRING AFTER THE AI MODEL WAS TRAINED, AND HAVE OTHER LIMITATIONS. YOU SHOULD NOT RELY ON THE FACTUAL ASSERTIONS IN OUTPUT WITHOUT INDEPENDENTLY FACT CHECKING THEIR ACCURACY. OUTPUT MAY APPEAR ACCURATE DUE TO IT'S DETAIL OR SPECIFICITY BUT CONTAIN MATERIAL INACCURACIES. IBLOOM DISCLAIMS ANY AND ALL LIABILITY, AND YOU AGREE TO HOLD IBLOOM HARMLESS, FROM USE OF IBLOOM’S AI, INCLUDING OUTPUT RESULTING THEREFROM.
d) Betas: “As Is”, No Guarantees; No Representation or Warranties:
- Beta Access. We may provide a limited license for You to access betas (or otherwise pre-release Services that are under development), prototype or experimental features, pilot programs, limited release access, trials, or time-bounded evaluation licenses (each a “Beta”). A Beta may have limited functionality. Some of the features may still be tested, known to make errors and provide incorrect information at times, and may have other bugs. Betas may not become fully developed or generally available. iBloom does not commit to maintaining any Betas and may change (or remove) Betas at any time. You understand that iBloom is not obligated to provide support for Betas.
- Eligibility. Participation in Betas is for a limited time, and you may not be invited to receive access. Access to a Beta is being offered “as-is” solely for the purposes of iBloom testing, evaluating, and improving such features and their educational applications, including by collecting customer feedback, or for customer evaluation. iBloom reserves the right to select participants, modify terms of participation, suspend access to Betas, or terminate the Beta in it's sole discretion. If you accept the invitation to receive access to a Beta, you represent and warrant that you meet any criteria for participating in the Beta. If you wish to stop using a Beta, you may do so at any time.
- Acknowledgement. YOU ACKNOWLEDGE AND AGREE THAT BETAS MAY FUNCTION FOR A LIMITED PERIOD OF TIME, HAVE LIMITED FEATURES, MAY MAKE ERRORS (INCLUDING WITHOUT LIMITATION MATH ERRORS), AND HAVE OTHER LIMITATIONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IBLOOM IS PROVIDING BETAS “AS IS”, AND IBLOOM DISCLAIMS ANY AND ALL WARRANTIES INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND STATUTORY WARRANTIES OF NON-INFRINGEMENT, LIABILITIES, AND INDEMNIFICATION OBLIGATIONS OF ANY KIND. IN THE EVENT OF A CONFLICT BETWEEN SECTION 19(d) AND ANY OTHER TERMS, SECTION 19(d) WILL SUPERSEDE SUCH TERMS WITH RESPECT TO BETAS.
All limitations of liability of any kind (including in this Section and elsewhere in these Terms) are made for the benefit of iBloom and it's respective successors and assigns. Certain states may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations of liability may not apply, and you may have certain additional rights.
iBloom reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify iBloom, and you agree to cooperate with iBloom’s defense of these claims. You agree not to settle any such matter without iBloom’s prior written consent. iBloom will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
a) Termination by iBloom: These Terms are effective until terminated. You may deactivate your User Account at any time, for any reason, by sending an email to info@ibloom.io. iBloom may terminate, discontinue, cancel, suspend, change or limit your use of the App, Website, or Services at any time and without prior notice, for any or no reason, including if iBloom believes that you have violated or acted inconsistently with the letter or spirit of these Terms or if any amounts due by you to iBloom are past due. Upon any such termination or suspension, your right to use the Website, App, and any other Service will immediately cease, and iBloom may, without liability to you or any third party, immediately deactivate or delete your username, password, and User Account, and all associated materials, without any obligation to provide any further access to such materials. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
These remedies are in addition to any other remedies iBloom may have at law or in equity. To the maximum extent allowed by law, each of your obligations under these Terms shall survive the expiration or termination of these Terms. Any termination or discontinuance of the App, Website, or Services pursuant to the provisions set forth in this Section shall be subject to compliance with any notice or waiting period provided by Applicable Law. You agree that iBloom will not be liable to you or to any third party for any modification, suspension, or termination of your ability to use the App, Website, Services, or Product(s). If you are dissatisfied with any aspect of the App, Website, Services, or Product(s) at any time, your sole and exclusive remedy is to cease participating in the App, Website, Services, and Product(s). Termination will not prejudice either your or our remedies at law or in equity.
b) Termination by Users: Your only remedy with respect to any dissatisfaction with (i) the Services, (ii) any term of these Terms, (iii) any policy or practice of iBloom in operating the Services, or (iv) any content or information transmitted through the Services, is to terminate the Terms and your account. You may terminate these Terms at any time (prospectively only) by deleting your login account with the Services and discontinuing use of any and all parts of the Services.
c) Termination of School Personnel, Child, and Student Accounts: Certain Users (e.g., Parent Users and School Personnel) may terminate these Terms with respect to their account or to a Child or School User account that was created by them or at their direction, as provided in this Section.
- Termination by School Personnel. School Personnel may terminate use of the Services individually and/or with respect to School Accounts created by such School Personnel at any time by contacting us, provided, however, that a School may require satisfaction of certain requirements before School Personnel can terminate accounts created for School use. Prior to termination of School Accounts at the direction of School Personnel, iBloom may invite Users, or parents or legal guardians of Students, to establish and maintain a personal account for purposes of retaining any content generated or provided and owned by Users under these Terms (including such User's learning activity). Any such Personal accounts will be established under iBloom’s standard account opening process, including parental consent for Users under the age of 13.
- Termination by Parents. As a Parent User, if you created a Child account on the Services and have a Parent User account associated with the Child account, you can terminate your Child’s login account through the account profile, or by contacting our customer support team, although we may need to verify your identity prior to taking any action with respect to the account. Parents of Students who are using School Accounts created by or at the direction of your Child’s teacher in School may first need to contact your child’s School to request termination.
d) Responsibility for Pre-Termination Activities. Termination of the Terms as to any User Account will not limit iBloom’s rights and remedies regarding any breach of these Terms occurring prior to such termination.
a) Informal Dispute Resolution Procedure: A dispute might arise between you and iBloom. If that happens, iBloom is committed to working with you to reach a reasonable resolution. For any issue or dispute that arises between you and iBloom, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. This includes first sending a written description of the dispute to the other party. For any dispute you initiate, you agree to send the written description of the dispute along with the email address associated with your account to the following email address: info@ibloom.io. For any dispute that iBloom initiates, we will send our written description of the dispute to the email address associated with your account. The written description must be on an individual basis and provide at least the following information: your name; a description of the nature or basis of the claim or dispute; and the specific relief sought.
You and iBloom then agree to negotiate in good faith about the dispute through an informal telephonic dispute resolution conference. The informal telephonic dispute resolution conferences shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference. If either party is represented by counsel, that party’s counsel may participate in the informal telephonic dispute resolution conference, but the party also must appear at and participate in the conference. If the dispute is not resolved satisfactorily through this informal process within sixty (60) days after receipt of the written description of the dispute, you and iBloom agree to the further dispute resolution provisions below.
The aforementioned informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fee or other deadlines will be tolled while the parties engage in this informal dispute resolution process. Failure to engage in this process could result in the award of fees against you in arbitration.
b) Generally: This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether in the State of Washington or any other jurisdiction). If you and iBloom are unable to resolve a dispute as set forth in Section 23(a), in the interest of resolving disputes between you and iBloom in the most expedient and cost-effective manner, except as set forth in Section 23(c) below, you and iBloom agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, your use of the App, Website, Services, Products, and our communications with you, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND IBLOOM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
You and iBloom agree to submit to the personal jurisdiction of any federal or state court in King County, Washington in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator; and in connection with any such proceeding, further agree to accept service of process by U.S. mail and hereby waive any and all jurisdictional and venue defenses otherwise available.
c) Exceptions: Except as set forth in Section 23(b), nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law in aid of arbitration; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
d) Arbitrator. Any arbitration between you and iBloom shall be administered by JAMS (Seattle) pursuant to it's Streamlined Arbitration Rules and Procedures (“Rules”) then in effect. If the parties are unable to agree on a single arbitrator, the then current manager of JAMS (Seattle) shall appoint the arbitrator. Any arbitration hearing will take place at a location to be agreed upon in Seattle, Washington, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone or video hearing; or (iii) by an in-person hearing as established by the JAMS Rules in the county (or parish) of your billing address, provided that a iBloom representative shall be entitled to attend such hearing by telephone or video link
If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS Rules. In that case, you agree to reimburse iBloom for all monies previously disbursed by it that are otherwise your obligation to pay under the JAMS Rules.
e) Notice of Arbitration, Process. Subject to Section 23(a), a party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). iBloom’s address for Notice is iBloom LLC, Attn: Legal, 925 Sixth Ave NE, Issaquah, WA 98029. The Notice of Arbitration must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). During the arbitration, the amount of any settlement offer made by you or by iBloom must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
Subject to the applicable JAMS rules and procedures, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited, cost-efficient nature of the arbitration. The parties agree that the arbitrator may allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. If a party timely serves an offer of judgment under Federal Rule of Civil Procedure 68, or any other state-law equivalent, and the judgment that the other party finally obtains is not more favorable than the unaccepted offer, then the other party shall pay the costs, including filing fees, incurred after the offer was made. Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and iBloom, and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (provided that the party seeking confirmation shall seek to file such records under seal to the extent permitted by law).
f) No Class Actions. YOU AND IBLOOM ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT IN SECTION 23(g) BELOW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS, JOINT, COLLECTIVE OR CONSOLIDATED BASIS OR IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS CLAIMS AS A PRIVATE ATTORNEY GENERAL OR FOR PUBLIC INJUNCTIVE RELIEF). EXCEPT AS SET OUT IN SECTION 23(g) BELOW, UNLESS BOTH YOU AND IBLOOM OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT PRESIDE OVER ANY FORM OF ANY CLASS, JOINT, COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING ANY DECLARATORY OR INJUNCTIVE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY TO THE PROCEEDING.
This Class Action and Collective Relief Waiver and the provisions in Section 23(g) are an essential part of this “Dispute Resolution” section, and if it is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor iBloom may arbitrate such claim or dispute. Notwithstanding the foregoing, if a court or arbitrator (or where applicable, JAMS) determine that either the Class Action and Collective Relief Waiver or the provisions in Section 23(g) are not enforceable as to a particular claim or request for relief and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief may proceed in court but shall be severed and stayed pending arbitration of the remaining claims. This provision does not prevent you or iBloom from participating in a class-wide settlement of claims.
g) Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to JAMS (or another arbitration provider selected in accordance with Section 23(d) if JAMS is unavailable) against iBloom within reasonably close proximity, the arbitration provider shall (i) administer the arbitration demands in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands); (ii) designate one arbitrator for each batch; and (iii) provide for a single filing fee due per side per batch. Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable JAMS rules and procedures for such selection, and the arbitrator will determine the location where the proceedings will be conducted.
You agree to cooperate in good faith with iBloom and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of single filing and administrative fees for batches of claims. This “Batch Arbitration” provision shall in no way be interpreted as authorizing class arbitration of any kind. iBloom does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Section 23(g).
h) Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the applicable JAMS rules and procedures. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under Applicable Law, the arbitral forum’s rules, and these Terms. The arbitrator’s award of damages and/or other relief must be consistent with Section 23(f) above and also must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages or other relief for which a party may be held liable. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.
i) Modifications. iBloom will provide 30 days’ notice of any changes to this “Dispute Resolution” Section, but any such changes will not apply to any individual claim(s) of which iBloom already has actual notice. If iBloom changes this Dispute Resolution Section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you agree that your continued use of the Platform or Services 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may reject any such change by providing iBloom written notice of such rejection by certified mail to: iBloom LLC, Attn: Legal, 925 Sixth Ave NE, Issaquah, WA 98029, or by email from the email address associated with your account to: [legal@ibloom.io], within 30 days of the date such change became effective. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Dispute Resolution Section. If you reject changes pursuant to this paragraph and were already bound by an existing agreement to arbitrate disputes under a previous version of the Terms, then that existing arbitration agreement shall remain in full force and effect.
j) Fees. Pursuant to the applicable JAMS Rules and Consumer Arbitration Minimum Standards, you will be required to pay $250 to initiate an arbitration against iBloom. You are responsible for your own attorneys’ fees unless the arbitration rules and/or Applicable Law provide otherwise. The parties agree that JAMS has discretion to modify the amount or timing of any administrative or arbitration fees due under JAMS’s Rules where it deems appropriate (including as specified in Section 23(g)), provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by JAMS does not constitute a default, waiver, or breach of this Section 23 while such challenge remains pending before JAMS, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.
k) Opt-Out. If you do not wish to resolve disputes by binding arbitration, you must notify iBloom in writing no later than 30 days after first becoming subject to the Dispute Resolution provisions of these Terms. Your notice must include your full name, mailing address, the email address associated with your iBloom account, a clear statement that you want to opt out of this Mutual Arbitration Agreement, and your original signature. The notice cannot be signed by your attorney, agent, or other representative, and you may only opt out on behalf of yourself individually. You must send your opt-out notice by U.S. Postal Service certified mail to iBloom LLC, Attn: Legal, 925 Sixth Ave NE, Issaquah, WA 98029. If you opt out of the arbitration provisions of these Terms, all other parts of these Terms will continue to apply to you. Opting out of this arbitration agreement has no effect on any other arbitration agreements that you may have entered into with iBloom or may enter into in the future with iBloom. If you do not timely opt out of the arbitration provisions, such action shall constitute mutual acceptance of the terms of these arbitration provisions by you and iBloom.
All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms shall be construed as if followed by the phrase “without limitation.” To the extent there is a conflict between the provisions in these Terms and any Additional Terms incorporated herein by reference, the latter shall have precedence. This Agreement, including any terms of service incorporated herein, is the entire agreement between you and iBloom relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and iBloom relating to such subject matter. Notices to you (including notices of changes to these Terms) may be made via posting to the Website or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. iBloom will not be responsible for any failure to fulfill any obligation or any delay in performing any of it's obligations, if the delay or failure was due to any cause beyond iBloom’s reasonable control including but not limited to severe weather, power, or other utility cut-off, natural disaster, strikes, governmental action, epidemic, pandemic, terrorism, war, civil unrest, or other similar events of “force majeure”.