Terms and Conditions

1. Introduction

These Terms and Conditions ("Terms," "Terms of Use," or "Agreement") constitute a legally binding agreement between you and BloomBook LLC ("BloomBook," "we," "us," or "our"), a limited liability company organized under the laws of the State of Delaware, United States, with a registered address at 8 The Green, Ste B, Dover, DE 19904, USA.

These Terms govern your access to and use of the BloomBook website, mobile applications (iOS and Android), and any related services, features, or content (collectively, the "Service"). These Terms apply to all users of the Service, including registered account holders, guest users, and Recipients.

By using the Service in any manner, including but not limited to browsing, purchasing items, redeeming Claim Codes, creating Digital Memories, or contributing content, you agree to be bound by these Terms, our Privacy Policy (available at www.bloombook.com/privacy), and all other policies referenced herein.

Sellers (Vendors) who list and sell products through the Service are governed by a separate Seller Agreement. To the extent that these Terms describe how the marketplace operates, such descriptions are provided for informational purposes to Customers only and do not create any obligation on the part of BloomBook to enforce Seller obligations for the benefit of any Customer.

1.1 Electronic Agreement

By accessing or using the Service, you consent to receive communications from BloomBook electronically, including by email, in-app notifications, push notifications, and messages posted on the Service. You agree that all agreements, notices, disclosures, and other communications that BloomBook provides to you electronically satisfy any legal requirement that such communications be in writing.

2. Definitions

• Service: the BloomBook website, mobile applications (iOS and Android), and any affiliated platforms, APIs, or services operated by BloomBook LLC.
• Customer (Buyer): a user who purchases flowers, gifts, or other items through the Service. This includes both registered users and guest users.
• Guest User: a user who makes a purchase or uses certain features of the Service without creating an account.
• Seller (Vendor): an independent florist or gift shop that offers and sells items through the Service. Sellers are independent businesses governed by a separate Seller Agreement and are solely responsible for order preparation, quality, and delivery.
• Recipient: the individual designated by the Customer to receive the ordered items, when the Customer is not the recipient themselves.
• Claim Code: a unique alphanumeric code associated with a flower order that allows a Recipient to digitally claim and preserve a record of the flowers they received through the BloomBook app.
• Digital Memories: digital records, photos, messages, and metadata associated with flowers received or sent, stored within the user's BloomBook app profile.
• Digital Collectible: a virtual collectible item, badge, or digital asset generated within the BloomBook ecosystem when a Recipient redeems a Claim Code or when certain milestones are achieved. Digital Collectibles are part of BloomBook's proprietary system, have no monetary value, and are the exclusive property of BloomBook.
• Content: any data, text, information, graphics, images, photographs, profiles, audio, video, items, listings, reviews, and links submitted, posted, or displayed on the Service by any user.
• Listing: a product or service offered for sale by a Seller through the Service, including all associated descriptions, images, pricing, and terms.
• Seller Agreement: the separate agreement between BloomBook and each Seller that governs the Seller's use of the Service.
• Subscription Plan: a recurring purchase arrangement offered by a Seller through the Service, under which the Customer authorizes periodic deliveries of products at specified intervals in exchange for recurring payments.
• Billing Cycle: the recurring period at which the Customer is charged for a Subscription Plan.
• Renewal Date: the date on which a Subscription Plan automatically renews and the Customer's payment method is charged.
• Subscription Fee: the recurring amount charged to the Customer for each Billing Cycle of a Subscription Plan.

3. BloomBook Is a Venue

BloomBook provides a venue — an online marketplace platform — where Sellers can create Listings to sell flowers, gifts, and related goods, and where Customers can browse Listings, make purchases, and interact with Sellers. BloomBook also provides features that allow users to digitize, preserve, and share memories of flowers they receive through Claim Codes and Digital Memories.

BloomBook acts solely as an intermediary platform. BloomBook is not directly involved in, and is not a party to, any transaction between Sellers and Customers. BloomBook does not produce, store, handle, or deliver any physical products. The preparation, quality, and delivery of all orders are the exclusive responsibility of the respective Seller.

BloomBook has no control over the quality, safety, legality, or accuracy of any Listing, the ability of any Seller to complete a sale or fulfill an order, the ability of any Customer to complete a purchase, or the truth or accuracy of any Content posted by users.

3.1 Product Responsibility and Assumption of Risk

BloomBook is not the manufacturer, producer, distributor, or seller of any product listed on or sold through the Service. BloomBook does not inspect, test, verify, handle, store, or deliver any product. All products are provided exclusively by independent Sellers.

3.2 Allergen and Health Disclaimer

Products available through the Service may include fresh flowers, plants, food items, and other goods that may contain allergens or substances that could cause adverse reactions. BloomBook does not guarantee the accuracy or completeness of any allergen, ingredient, or nutritional information provided by Sellers. It is the Customer's sole responsibility to:

• Review all product descriptions and allergen information provided by the Seller before placing an order.
• Inform the Seller of any known allergies, sensitivities, or dietary restrictions.
• Ensure that products containing potential allergens are appropriate for the intended Recipient.

3.3 Photo Representation Disclaimer

Product images displayed on the Service are provided by Sellers and are intended to be representative of the product offered. Due to the nature of natural products, actual products may vary from the images shown. Reasonable variations between product images and delivered products do not constitute a defect, breach of contract, or grounds for a refund.

3.4 No Guarantee of Availability

BloomBook does not guarantee the availability of any particular Seller, product, Listing, delivery area, delivery date, or feature on the Service. Sellers may be removed from the Service, modify their Listings, change their delivery areas, or become temporarily or permanently unavailable at any time without notice.

4. Eligibility and Account Registration

4.1 Age Requirements

The Service is available only to individuals who meet the minimum age requirements established under applicable law:

• United States: you must be at least 13 years of age. If you are between 13 and 18, you must have parental or guardian consent.
• European Economic Area, United Kingdom, and Switzerland: you must be at least 16 years of age.
• Mexico: you must be at least 18 years of age, or have verifiable parental or guardian consent.
• All other jurisdictions: you must be at least 16 years of age, unless local law specifies a different threshold.

4.2 Registered Accounts

• You must provide accurate, current, and complete information during registration.
• You are responsible for maintaining the confidentiality of your password and account.
• You agree to immediately notify BloomBook of any unauthorized use of your account.
• You may not transfer your account without our prior written consent.
• Only one account per individual is permitted, unless expressly authorized by BloomBook.
• BloomBook reserves the right to refuse registration, cancel accounts, or refuse service to anyone, for any reason, at any time.

4.3 Guest Users

Certain features of the Service, including the ability to make purchases, may be available to guest users without requiring account registration. Guest users are bound by these Terms in the same manner as registered users.

4.4 Account Termination by User

You may request the deletion of your account at any time by contacting us at [email protected] or through the account settings in the Service. Upon receiving your request:

• Pending orders: any orders that are currently in progress will be completed and delivered before the account is closed.
• Active Subscriptions: all active Subscription Plans will be canceled effective at the end of the current Billing Cycle.
• Digital Memories: all Digital Memories will be permanently deleted within 90 days of account closure.
• Transaction records: BloomBook will retain transaction records for the period required by applicable law.
• Claim Codes: any unredeemed Claim Codes will remain valid but will no longer be accessible from your account.
• Reviews and Content: reviews and other Content may be retained in anonymized form.

5. How the Marketplace Works

5.1 Seller Independence

All Sellers on the BloomBook marketplace are independent businesses. They are not employees, agents, or representatives of BloomBook. Each Seller is solely responsible for its products, pricing, Listings, order fulfillment, delivery, customer service, and compliance with applicable laws.

5.2 Seller Accountability

BloomBook requires Sellers to comply with standards set forth in the Seller Agreement. Sellers who fail to meet these standards may be subject to warnings, suspension, or permanent removal from the Service. However, BloomBook's enforcement of the Seller Agreement is at BloomBook's sole discretion.

5.3 Product Information

All product descriptions, images, pricing, allergen information, ingredient lists, and other details displayed on the Service are provided by Sellers. BloomBook does not independently verify, test, or validate any such information.

5.4 Verified Sellers, Badges, and Premium Programs

BloomBook may offer verification badges or similar designations. You acknowledge that:

• Verification Badges indicate only that a Seller has completed a specific verification process. They do NOT constitute an endorsement, recommendation, or guarantee by BloomBook.
• BloomBook does not inspect, test, audit, or evaluate the products of any Seller as part of the verification process.
• BloomBook may grant, modify, suspend, or revoke Verification Badges at any time, in its sole discretion.
• Customers should not rely on Verification Badges as a substitute for their own due diligence.

5.5 Featured Listings, Recommendations, and Rankings

The Service may display certain Listings in prominent positions. Featured Content may be determined by algorithms, paid placement, editorial selection, user engagement metrics, geographic relevance, or a combination of these factors. The display of a Listing as Featured Content does NOT constitute an endorsement or guarantee by BloomBook.

6. Orders and Transactions

6.1 Placing an Order

By placing an order through the Service, you enter into a direct transaction with the Seller. BloomBook facilitates the transaction but is not a party to the agreement between you and the Seller. You are responsible for providing accurate and complete information.

6.2 Order Acceptance and Billing

You represent and warrant that you have the right to use any payment method that you provide. All billing information must be truthful and accurate. BloomBook reserves the right to refuse or cancel any order for any reason.

6.3 Pricing

All prices for items listed on the Service are set by the Sellers and displayed in the currency indicated at the time of purchase. BloomBook does not control or guarantee the accuracy of pricing information.

6.4 Payments

Payments are processed through our third-party payment service providers. BloomBook does not collect or store full credit card numbers, debit card numbers, or bank account details.

6.5 Taxes

Applicable taxes are determined based on the delivery address and the applicable laws. The Seller is responsible for determining, collecting, and remitting all applicable taxes for the products they sell.

6.6 Promotional Codes

BloomBook may offer promotional codes. Unless otherwise stated:

• Are limited in nature and may expire or be discontinued at any time.
• May not be copied, sold, transferred, or otherwise distributed.
• Are not redeemable for cash and have no monetary value.
• May be limited to one use per Customer, per household, or per order.
• May not be combined with other offers unless expressly stated.

6.7 Fraudulent Transactions and Chargebacks

You agree not to initiate any chargeback or payment dispute for any transaction where the product was delivered as described. If you initiate a fraudulent or unjustified chargeback, BloomBook reserves the right to immediately suspend or terminate your account and recover all amounts owed.

6A. Subscriptions and Recurring Orders

6A.1 Overview

Certain Sellers may offer subscription-based products or recurring delivery plans. By enrolling in a Subscription Plan, you enter into a recurring purchase arrangement with the Seller. BloomBook acts solely as an intermediary.

6A.3 Enrollment and Authorization

By enrolling in a Subscription Plan, you:

• Acknowledge that you are entering into a recurring purchase arrangement that will result in periodic charges.
• Expressly authorize BloomBook and its designated payment processor to charge your payment method.
• Agree that your Subscription will automatically renew at the end of each Billing Cycle unless canceled.

6A.4 Pre-Renewal Notifications

BloomBook will send you a reminder notification at least five (5) days before each Renewal Date, which will include the upcoming fee, a summary of the plan, any changes, and instructions on how to cancel.

6A.5 Cancellation by the Customer

You may cancel your Subscription at any time through your account settings or by emailing [email protected]. If canceled before the next Renewal Date, no further charges will be made and you will receive deliveries already paid for.

6A.6 Pausing a Subscription

Where available, you may pause your Subscription for a specified period instead of canceling it. If the pause period expires, the Subscription will automatically resume with at least five (5) days' notice.

6A.7 Minimum Commitment Periods

Certain Subscription Plans may include a minimum commitment period. If you cancel before the end of the minimum commitment, you may be charged an early termination fee as disclosed at enrollment.

6A.8 Price Changes

If the Subscription Fee changes, BloomBook will notify you at least fifteen (15) days before the change takes effect. If you do not cancel before the effective date, you will be deemed to have accepted the new fee.

6A.9 Failed Payments

If your payment method is declined, BloomBook may attempt to process the payment up to three (3) times within seven (7) days. Deliveries may be suspended until payment is processed. If payment cannot be processed, the Subscription will be automatically canceled.

6A.10 Refunds for Subscription Orders

Refunds for individual deliveries within a Subscription are governed by Section 8. Non-delivery entitles you to a full refund for that specific delivery without canceling the Subscription.

6A.12 Claim Codes and Digital Collectibles in Subscriptions

For Subscription Plans that include Claim Codes, a separate Claim Code will be generated for each individual delivery. If a Subscription is canceled due to non-payment or fraud, BloomBook may revoke associated Claim Codes, Digital Collectibles, and Digital Memories.

6A.13 Gifted Subscriptions

Customers may purchase a Subscription Plan as a gift. The Customer is responsible for all payments. Gifted Subscriptions will NOT automatically renew unless the Recipient affirmatively opts in.

7. Claim Codes, Digital Collectibles, and Digital Memories

7.1 Claim Codes

Certain orders may include a Claim Code that allows the Recipient to digitally claim and preserve a record of the flowers they received. Claim Codes are unique, single-use, and may not be sold, traded, or exchanged for monetary value. By redeeming a Claim Code, the Recipient agrees to these Terms and our Privacy Policy.

7.2 Digital Memories

The Digital Memories feature allows users to create, store, and share digital records associated with flowers. By using this feature, you agree that:

• You are solely responsible for the content you upload.
• BloomBook may store, display, and process your Digital Memories content in accordance with our Privacy Policy.
• Digital Memories are retained while your account is active and deleted within 90 days of account deletion.
• BloomBook reserves the right to remove any content that violates these Terms.

7.3 Data Loss Disclaimer for Digital Memories

BLOOMBOOK DOES NOT GUARANTEE THE PERMANENCE, INTEGRITY, AVAILABILITY, OR SECURITY OF ANY DATA STORED IN DIGITAL MEMORIES. You are solely responsible for maintaining backup copies of any content you upload. BloomBook is not a backup or archival service.

7.4 Acceptable Use of Digital Memories

You agree not to upload, store, or share any content that:

• Depicts or promotes child exploitation material.
• Contains sexually explicit or pornographic material.
• Promotes violence, terrorism, self-harm, or hatred.
• Infringes on the copyright, trademark, privacy, or other rights of any third party.
• Contains malware, viruses, or any other harmful code.
• Is fraudulent, deceptive, or misleading.
• Violates any applicable law, regulation, or these Terms.

7.5 Digital Collectibles

Digital Collectibles are the exclusive property of BloomBook. You receive a limited, personal, non-transferable, non-exclusive, revocable license to view and display your Digital Collectibles within the Service. Digital Collectibles may not be sold, traded, transferred, or exchanged outside of the Service.

7.6 Integrity of Digital Assets

You agree not to exploit, abuse, or manipulate any bug, glitch, error, or vulnerability to obtain Digital Collectibles, Claim Codes, or other digital assets. If you discover a vulnerability, you must report it promptly to [email protected].

8. Cancellations and Refunds

8.1 Cancellation by Customer

You may request cancellation of an order prior to the Seller beginning preparation. Once the Seller has begun preparation, cancellation may not be possible, especially for perishable or customized items.

8.2 Who May File a Claim

Only the Customer who placed and paid for the order may request a refund, cancellation, or file a dispute. Recipients should notify the Customer, who may then initiate the dispute process.

8.3 Dispute Resolution Process

• Step 1: Contact the Seller directly through the Service to attempt to resolve the issue.
• Step 2: If you are unable to reach a resolution, contact BloomBook at [email protected].
• Step 3: BloomBook may, in its sole discretion, act as an intermediary to facilitate a resolution.

8.5 Refund Processing

Where a refund is issued, it will be processed to the original payment method within fourteen (14) business days. Refunds may be subject to deductions for delivery costs already incurred.

8.7 Right of Withdrawal (EU/EEA Users)

If you are a consumer in the European Economic Area, you may have a statutory right to withdraw from a purchase within 14 days. However, this right does not apply to perishable goods or goods made to your specifications.

8.8 Consumer Rights in Mexico

If you are a consumer in Mexico, you may have the right to cancel a purchase within five (5) business days following delivery, provided goods are returned in original condition. This right does not apply to perishable or customized goods.

8.9 Effect of Refunds and Chargebacks on Digital Assets

• Full Refund (Seller Fault): BloomBook may revoke or retain the associated Digital Collectible and Digital Memory.
• Partial Refund: Digital Collectibles and Digital Memories will generally remain active.
• Chargeback or Fraudulent Refund: BloomBook will permanently revoke all associated digital assets and suspend the account.

9. Delivery

Products will be delivered to the address designated by the Customer. Delivery is the sole responsibility of the Seller. BloomBook does not control, manage, or operate any delivery logistics. Estimated delivery times are not guaranteed by BloomBook. Risk of loss and title passes to the Customer upon delivery.

10. Prohibited Activities

Your Content and your use of the Service shall not:

• Be false, inaccurate, or misleading.
• Be fraudulent or involve unauthorized payment methods.
• Infringe upon any third party's intellectual property rights or rights of publicity or privacy.
• Violate these Terms, any Service policy, or any applicable law.
• Be defamatory, discriminatory, threatening, harassing, or impersonate any person.
• Be obscene or contain material harmful to minors.
• Contain or transmit any code of a destructive nature.
• Use any robot, spider, scraper, or other automated means to access the Service.
• Interfere with or disrupt the Service or connected servers and networks.
• Abuse the refund or dispute process, including filing false or fraudulent claims.
• Create multiple accounts to circumvent restrictions or exploit Promotional Codes.
• Engage in any scheme to artificially obtain Digital Collectibles or Claim Codes.
• Sell, trade, or transfer Digital Collectibles on any external platform.
• Knowingly exploit any bug, glitch, or vulnerability in the Service.
• Initiate fraudulent chargebacks or disputes.

11. Content, Intellectual Property, and Licenses

11.1 BloomBook's Intellectual Property

BloomBook and its licensors own all legal right, title, and interest in and to the Service, including all intellectual property rights, trademarks, trade names, logos, domain names, and distinctive brand features.

11.2 User Content License

By submitting Content to the Service, you grant BloomBook a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, modify, publish, display, and distribute such Content in connection with the operation and promotion of the Service.

11.4 Copyright Infringement and DMCA Policy

If you believe that Content on the Service infringes your copyright, please submit a written notification to our designated DMCA agent at [email protected]. Counter-notifications may also be submitted to the same address.

12. Third-Party Links and Services

The Service may contain links to third-party websites, applications, or services. BloomBook does not own, control, endorse, or assume any responsibility for any Third-Party Services. Your interactions with Third-Party Services are solely between you and the applicable third party.

13. SMS/MMS Communications

13.1 Opt-In

By providing your phone number and opting in, you agree to receive SMS/MMS messages from BloomBook, including transactional messages and, with separate express consent, marketing messages. Message and data rates may apply.

13.2 Opt-Out

You may opt out of marketing SMS/MMS messages at any time by replying STOP. You may opt out of transactional SMS by replying STOP, but this may limit real-time order updates.

14. Privacy

Your use of the Service is subject to our Privacy Policy. By using the Service, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.

15. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLOOMBOOK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions may not apply to you. You may also have other legal rights that vary from jurisdiction to jurisdiction.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLOOMBOOK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF BLOOMBOOK EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO BLOOMBOOK IN THE TWELVE (12) MONTHS PRECEDING THE EVENT; OR (B) ONE HUNDRED UNITED STATES DOLLARS (US $100.00).

17. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS BLOOMBOOK FROM AND AGAINST ALL DAMAGES, COSTS, LOSSES, EXPENSES, AND LIABILITIES RELATING TO ANY CLAIM ARISING FROM: (A) YOUR USE OF THE SERVICE; (B) YOUR BREACH OF THESE TERMS; (C) YOUR CONTENT; (D) YOUR VIOLATION OF ANY LAW OR THIRD PARTY RIGHTS; (E) ANY TRANSACTION WITH A SELLER; (F) ANY FRAUDULENT CHARGEBACK; OR (G) YOUR PROVISION OF INACCURATE INFORMATION.

18. Dispute Resolution

18.1 Informal Resolution

Before initiating any formal proceeding, you agree to first contact BloomBook at [email protected] and attempt to resolve the dispute informally for at least thirty (30) days.

18.2 Binding Arbitration (United States Residents)

IF YOU ARE A RESIDENT OF THE UNITED STATES AND THE DISPUTE CANNOT BE RESOLVED INFORMALLY, ANY DISPUTE SHALL BE FINALLY SETTLED BY BINDING ARBITRATION IN THE STATE OF DELAWARE, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION.

18.3 Class Action Waiver (United States Residents)

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND BLOOMBOOK EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

18.4 International Users

If you reside outside the United States, any dispute shall be resolved in the courts of the State of Delaware, subject to any mandatory consumer protection rights under your local laws. Users in the EEA may bring proceedings in the courts of their country of residence. Users in Mexico may exercise their rights before PROFECO.

19. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. Nothing in these Terms is intended to limit any mandatory rights you may have under the laws of your country of residence.

20. Modifications to Terms

BloomBook reserves the right to modify these Terms at any time. For non-material changes, the "Last Updated" date will be updated. For material changes, BloomBook will provide at least thirty (30) days' advance notice.

21. General Provisions

• Severability: if any provision is held unenforceable, all remaining provisions shall remain in full force.
• No Waiver: BloomBook's failure to exercise any right shall not constitute a waiver of such right.
• Entire Agreement: these Terms, together with the Privacy Policy, constitute the entire agreement between you and BloomBook.
• Assignment: you may not assign these Terms without our prior written consent.
• No Agency or Employment: no brokerage, agency, partnership, or employment relationship is created by these Terms.
• Force Majeure: BloomBook shall not be liable for any failure or delay resulting from causes beyond its reasonable control.
• Accessibility: BloomBook is committed to making the Service accessible to all users, including users with disabilities.

22. Notices

Any notices to BloomBook shall be sent via email to [email protected] or via postal mail to:

23. Notice for California Residents

If you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (800) 952-5210.

24. Contact

If you have any questions about these Terms, please contact us at [email protected].

Thank you for using BloomBook.