Bloom

Terms & Conditions.

Thank you for choosing Bloom App Inc. We provide a platform (the “Platform”) that encompasses (1) a variety of services; and (2) installable software (including our desktop and mobile applications), any accompanying documentation, (3) the Bloom websitebloomapp.ca including its subdomains and any other website through which Bloom makes its Platform available; and any updates to such software or documentation. Bloom App Inc., along with any parent, subsidiary, affiliate, or related companies are referred to in these provisions as “Bloom” or “us.”

These Terms govern the use of the Platform and any other related Agreement or legal relationship with Bloom in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

You must read this document carefully.

Although the entire contractual relationship relating to these Platform is entered into solely by Bloom and you, you acknowledge and agree that, where this Platform has been provided to them via the Apple App Store, Apple may enforce these Terms as a third-party beneficiary.

The Platform is provided by Bloom

Contact email: [email protected]

Toll Free: 1-888-204-8374

Rent Reporting Service

BloomApp provides tenants with the ability to report rent payments for their residence to Equifax Canada Co. (“Equifax”) and/or another consumer reporting agency, if available. As part of this service, BloomApp will help you identify your rent payment whether that is through you connecting your Financial Account (as defined in these Terms and Conditions) on the Bloom App, through manual rent confirmation, or through other means. BloomApp reserves the right to determine what type, amount, and form of rent payment will be accepted as part of Rent Reporting (including sufficient rent confirmation).

BloomApp reserves the right to limit the availability of Rent Reporting to any geographic area or jurisdiction, at any time and in our sole discretion.

While BloomApp takes all commercially reasonable steps to report data correctly to Equifax and/or another consumer reporting agency, if available, according to their instructions and methods, BloomApp cannot guarantee the accuracy of the data on your credit report. Further, BloomApp does not guarantee that your credit score will improve by using Rent Reporting. BloomApp recommends that you report your Submitted Information for at least 6 months.

Information about the Platform

If your non-identifiable data are used for research purposes, then the limitation of liability and indemnity clauses contained within the End User License Agreement/Terms of Service Agreement are waived with respect to any harms suffered or liabilities incurred as a result of any research activities.

What you should know at a glance

Please note that some provisions in these Terms may only apply to certain categories of users. In particular, certain provisions may only apply to users that do not qualify as consumers, and applicable clauses may vary depending on your location. Clauses that do not apply to consumers in Quebec are preceded by the statement “Does not apply to Quebec consumers”. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all you.

Unless otherwise specified, the terms of use detailed in this section apply generally when using the Platform. Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document. By using the Platform, you confirm that there are no restrictions for you in terms of being a user or a business user. You are not located in a country in which the use of the Platform is prohibited by law.

Account registration

To use the Platform you must register or create a User account, providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability of the Platform.

You are responsible for keeping their login credentials confidential and safe. For this reason, you are also required to choose passwords that meet the highest standards of strength permitted by the Platform.

By registering, you agree to be fully responsible for all activities that occur under their username and password. You are required to immediately and unambiguously inform Bloom via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

Conditions for account registration

Registration of User accounts on the Platform is subject to the conditions outlined below. By registering, you agree to meet such conditions. Accounts registered by bots or any other automated methods are not permitted. Unless otherwise specified, each User must register only one account. Unless explicitly permitted, a User account may not be shared with other persons.

Account termination

You can terminate their account and stop using the Platform at any time by doing by directly contacting Bloom at the contact details provided on the first page in this document.

Account suspension and deletion

Bloom reserves the right, to suspend or delete at any time and without notice, user accounts which are inappropriate, offensive or in violation of these Terms. The suspension or deletion of User accounts due to User actions or violations of the present Terms shall not entitle you to any claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to you does not exempt you from paying any applicable fees or prices for the Platform.

Content on the Platform

Unless otherwise specified or clearly recognizable, all content available on the Platform is owned or provided by Bloom or its licensors.

Bloom undertakes its utmost effort to ensure that the content provided on the Platform infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of you to enforce their rights, you are kindly asked to preferably report related complaints using the contact details provided in this document.

Bloom holds and reserves all intellectual property rights for any such content. you may not therefore use such content in any way that is not necessary or implicit in the proper use of the Platform. In particular, but without limitation, you may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on the Platform, nor allow any third party to do so through you or their device, even without your knowledge. Where explicitly stated on the Platform, you may download, copy and/or share some content available through the Platform for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by Bloom are correctly implemented. Any applicable statutory limitation or exception to copyright shall stay unaffected.

Content provided by you

Bloom allows you to upload, share or provide their own content to the Platform. By providing content to the Platform, you confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.

Rights regarding content provided by you

You acknowledge and accept that by providing their own content on the Platform they grant Bloom a non-exclusive, worldwide, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of the Platform as contractually required. To the extent permitted by applicable law, you waive any moral rights in connection with content they provide to the Platform. you acknowledge, accept and confirm that all content they provide through the Platform is provided subject to the same general conditions set forth for content on the Platform.

Liability for provided content

You are solely liable for any content they upload, post, share, or provide through the Platform. you acknowledge and accept that Bloom does not filter or moderate such content. However, Bloom reserves the right to remove, delete, block or rectify such content at its own discretion and to, deny the uploading User access to the Platform: if any complaint based on such content is received; if a notice of infringement of intellectual property rights is received upon order of a public authority or upon order of a public authority, or where Bloom is made aware that the content, while being accessible via the Platform, may represent a risk for you, third parties and/or the availability of the Service.

The removal, deletion, blocking or rectification of content shall not entitle users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement. You agree to hold Bloom harmless from and against any claim asserted and/or damage suffered due to content you provided to or provided through the Platform. Removal of content from parts of the Platformf available through the App Store If the reported content is deemed objectionable, it will be removed within 24 hours and you who provided the content will be barred from using the Platform.

Access to external resources

Through the Platform you may have access to external resources provided by third parties. you acknowledge and accept that Bloom has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties' terms and conditions or, in the absence of those, applicable statutory law.

In particular, on the Platform you may see advertisements provided by third parties. Bloom does not control or moderate the advertisements displayed via the Platform. If you click on any such advertisement, they will be interacting with any third party responsible for that advertisement.

Bloom is not responsible for any matters resulting from such interaction with third parties, such as anything resulting from visiting third-party websites or using third-party content. It is always preferable to read their terms of use and privacy policies when you engage with such third parties.

Acceptable use

The Platform and the Platform may only be used within the scope of what they are provided for, under these Terms and applicable law. You are solely responsible for making sure that their use of the Platform and/or the Platform violates no applicable law, regulations or third-party rights. Therefore, Bloom reserves the right to take any appropriate measure to protect its legitimate interests including by denying you access to the Platform or the Platform, terminating contracts, reporting any misconduct performed through the Platform or the Platform to the competent authorities – such as judicial or administrative authorities whenever you engage or are suspected to engage in any of the following activities: violate laws, regulations and/or these Terms; infringe any third-party rights; affect the performance of the platform or the enjoyment of the platform by third parties; are offensive towards Bloom or any third party.

“Tell-a-friend”

The Platform gives you the opportunity to receive advantages if, as a result of their recommendation, any new User purchases a Product offered on the Platform. To explore all applicable details and conditions, you may consult the dedicated terms and conditions inside the respective section of the Platform. Bloom reserves the right to end the offer at any time at its own discretion.

Software license

Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to the Platform are held by Bloom and/or its licensors. Subject to your compliance with and notwithstanding any divergent provision of these Terms, Bloom merely grants you a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Platform within the scope and for the purposes of the Platform and the Platform offered. This license does not grant you any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is Bloom's or its licensors' sole property. All rights and license grants to you shall immediately terminate upon any termination or expiration of the Agreement.

TERMS AND CONDITIONS OF SALE

Paid Products

Some of the Products provided on the Platform, as part of the Platform, are provided on the basis of payment. The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of the Platform.

Product description

Prices, descriptions or availability of Products are outlined in the respective sections of the Platform Prices are subject to change, such as to reflect increased costs in supplying the Products. Please consult our price list regularly on the Platform to see the most up-to-date price for the Products. Changes in price shall not affect orders or purchases made before the new price came into effect.

While Products on the Platform are presented with the greatest accuracy technically possible, representation on the Platform through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product. The characteristics of the chosen Product will be outlined during the purchasing process.

Order submission

The submission of an order determines contract conclusion and therefore creates for you the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page. In case the purchased Product requires active input from you, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for you to cooperate accordingly. Upon submission of the order, you will receive a receipt confirming that the order has been received. All notifications related to the described purchasing process shall be sent to the email address provided by you for such purposes.

Prices

You are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged. Prices on the Platform are displayed either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section you are browsing.

Methods of payment

Information related to accepted payment methods are made available during the purchasing process. Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of the Platform. All payments are independently processed through third-party services. Therefore, the Platform does not collect any payment information ╴ such as credit card details ╴ but only receives a notification once the payment has been successfully completed. If payment through the available methods fail or is refused by the payment service provider, Bloom shall be under no obligation to fulfill the purchase order.

Any possible costs or fees resulting from the failed or refused payment shall be borne by you. This does not apply to Quebec consumers.

Authorization for future PayPal payment

If you authorize the PayPal feature which allows future purchases, the Platform will store an identification code linked to your PayPal account. This will authorize the Platform to automatically process payments for future purchases or recurring installments of past purchases. This authorization can be revoked at any time, either by contacting Bloom or by changing your settings offered by PayPal.

Purchase via app store

The Platform or specific Products available for sale on the Platform must be purchased via a third-party app store. To access such purchases, you must follow the instructions provided on the relevant online store (such as "Apple App Store" or "Google Play"), which may vary depending on the particular device in use. Unless otherwise specified, purchases done via third-party online stores are also subject to such third-parties' terms and conditions, which, in case of any inconsistency or conflict, shall always prevail upon these Terms. you purchasing through such third-party online stores must therefore read such terms and conditions of sale carefully and accept them.

Retention of usage rights

You do not acquire any rights to use the purchased Product until the total purchase price is received by Bloom.

Delivery and performance of services

The purchased service shall be performed or made available within the timeframe specified on the Platform or as communicated before the order submission.

Contract duration and subscriptions

Subscriptions allow you to receive a Product continuously or regularly over a determined period of time. Paid subscriptions begin on the day the payment is received by Bloom. In order to maintain subscriptions, you must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.

Fixed-term subscriptions

Paid fixed-term subscriptions start on the day the payment is received by Bloom and last for the subscription period chosen by you or otherwise specified during the purchasing process. Once the subscription period expires, the Product shall no longer be accessible, unless you renews the subscription by paying the relevant fee.

Fixed-term subscriptions may not be terminated prematurely and shall run out upon expiration of the subscription term. If you are a consumer in Quebec, you can cancel the fixed-term subscription at anytime, but you remain responsible for payment of any services rendered till the end of the billing cycle following the termination of the subscription.

Subscriptions handled via Apple ID

You may subscribe to a Product using the Apple ID associated with their Apple App Store account by using the relevant process on the Platform. When doing so, you acknowledge and accept that any payment due shall be charged to their Apple ID account; subscriptions are automatically renewed for the same duration unless you cancel at least 24 hours before the current period expires. Any and all fees or payments due for renewal will be charged within 24-hours before the end of the current period. Subscriptions can be managed or canceled in your Apple App Store account settings. The above shall prevail upon any conflicting or diverging provision of these Terms.

Termination

Recurring subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to Bloom using the contact details provided in this document, or — if applicable — by using the corresponding controls inside the Platform.

Termination of open-ended subscriptions

Open-ended subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to Bloom using the contact details provided in this document. Terminations shall take effect 7 days after the notice of termination has been received by Bloom.

LIABILITY AND INDEMNIFICATION

DISCLAIMER OF WARRANTIES

THIS PARAGRAPH DOES NOT APPLY TO QUEBEC CONSUMERS. The Platform is provided strictly on an “as is” and “as available” basis. Use of the Platform is at your own risk. To the maximum extent permitted by applicable law, Bloom expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from Bloom or through the Platform will create any warranty not expressly stated herein.

Without limiting the foregoing, Bloom, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Platform will meet your requirements; that the Platform will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Platform is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Platform is downloaded at your own risk and you shall be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Platform.

Bloom does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Platform or any hyperlinked website or service, and Bloom shall not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

The Platform may become inaccessible or it may not function properly with your web browser, mobile device, and/or operating system. Bloom cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

The consumer protection legislation of some provinces does not allow the exclusion and limitations of certain implied warranties, including warranties of fitness, such as the Ontario Consumer Protection Act & Ontario Sales of Goods Act. The above exclusions may not apply to you or Consumers if they live in one of those jurisdictions. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

LIMITATIONS OF LIABILITY

THIS PARAGRAPH DOES NOT APPLY TO QUEBEC CONSUMERS. To the maximum extent permitted by applicable law, in no event shall Bloom, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Platform; and any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Platform or User account or the information contained therein; any errors, mistakes, or inaccuracies of content; personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Platform; any unauthorized access to or use of Bloom's secure servers and/or any and all personal information stored therein; any interruption or cessation of transmission to or from the Platform; any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Platform; any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Platform; and/or the defamatory, offensive, or illegal conduct of any User or third party. In no event shall Bloom, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to Bloom hereunder in the preceding 12 months, or the period of duration of this agreement between Bloom and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Bloom has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

INDEMNIFICATION

You agrees to defend, indemnify and hold Bloom and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from User's use of and access to the Platform, including any data or content transmitted or received by User; User's violation of these terms, including, but not limited to, User's breach of any of the representations and warranties set forth in these terms; User's violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights; User's violation of any statutory law, rule, or regulation; any content that is submitted from User's account, including third party access with User's unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;User's wilful misconduct; or statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

USE OF DATA FOR RESEARCH PURPOSES

Common provisions

No Waiver

Bloom's failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, Bloom reserves the right to interrupt the Platform for maintenance, system updates or any other changes, informing yous appropriately. Within the limits of law, Bloom may also decide to suspend or terminate the Platform altogether. If the Platform is terminated, Bloom will cooperate with you to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Platform might not be available due to reasons outside Bloom's reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).

Service reselling

You may not reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform and of its Service without Bloom's express prior written permission, granted either directly or through a legitimate reselling programme.

To learn more about the use of their Personal Data, you may refer to the privacy policy of the Platform.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to the Platform are the exclusive property of Bloom or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with the Platform are, and remain, the exclusive property of Bloom or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

We may amend any part of these Terms by adding content, deleting content, or changing the existing content. These amendments may be made at any time and could occur very close together, or very far apart, depending on the circumstances.

We will provide you with notice of the proposed amendment by an email notice. We will include a link to the previous version of the Terms beneath the new version number, so you can compare the two versions. The amendments will take effect 30 days after the date on which the amended version is posted. Prior to that date, the previous version of the Terms will continue to apply.

If you disagree with any amendment, you may cancel these Terms by uninstalling the App and ceasing to use the Platforms [or as appropriate] at any time in the 30-day period before the amendment takes effect. If the amendment increases your obligations under these Terms, or decreases our obligations under these Terms, then you can also cancel in the 30 days after the amendment takes effect. In either case, there is no cost or penalty for canceling because you disagree with an amendment. If you do not uninstall the App and cease using the Platforms, or as appropriate, during the cancellation period, then by your continued use, you are considered to have accepted the proposed amendments.

Assignment of contract

Bloom reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking yours legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly. you may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of Bloom.
Contacts
All communications relating to the use of the Platform must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Governing law

Except for Consumers in Quebec, these Terms shall be governed by the laws of the province of British Columbia, and any litigation arising from or related to these Terms or the Platform or the Platforms shall be submitted to the exclusive jurisdiction of the courts of British Columbia sitting in Vancouver.

Note for Quebec Consumers. Litigation or other actions arising from these Terms concerning consumers from Quebec shall be governed by the laws of the province of Quebec, and shall be subject to the law of the place where you are based.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where Bloom is based, as displayed in the relevant section of this document.

Dispute resolution

Amicable dispute resolution

You may bring any disputes to Bloom who will try to resolve them amicably. While your right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of the Platform or the Platform, you are kindly asked to contact Bloom at the contact details provided in this document. you may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to Bloom's email address specified in this document. Bloom will process the complaint without undue delay and within 21 days of receiving it.