Terms of Use

1. Eligibility

You must be at least thirteen (13) years old to use the service. By agreeing to these Terms, you represent that you are at least 13 and that your registration and use of the service complies with all applicable laws. Teachers can authorize parents and family members to view information in a child's portfolio, timeline or profile. If you are under 13, you may only use the service by obtaining parental consent as described in our Privacy Policy and required by law.

2. Privacy Policy

Please read the Bloomz Privacy Policy carefully for information regarding our collection, use and disclosure of your personal information. If any conflict exists between these Terms and our Privacy Policy, these Terms will prevail.

3. Accounts and Registration

You agree to provide accurate, complete and updated registration information. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities under your account. If you believe your account is no longer secure, notify us immediately at [email protected].

4. Intellectual Property Rights

The Content and Marks on the service are protected by privacy, copyright and other intellectual property laws and are provided for your information and personal use only. Anything you post is your “User Submission,” and you retain copyright and proprietary rights in it. Subject to these Terms and the Privacy Policy, you grant Bloomz a worldwide, non-exclusive, royalty-free, revocable license to host, display, reproduce, modify and distribute your User Submissions for the purpose of providing the service. You are solely responsible for your User Submissions and warrant that you have the necessary rights to them and that they do not infringe third-party rights.

5. DMCA Notification

We comply with the Digital Millennium Copyright Act. If you have complaints or objections to material posted on the service, contact us at [email protected].

6. FERPA

Certain information provided to Bloomz by School Officials that is directly related to a student may be considered an education record under the Family Educational Rights and Privacy Act (FERPA). As a School Official or Institution providing records to Bloomz, you represent that your Institution has complied with the Directory Information Exemption and/or School Official Exemption, or obtained necessary written consent. Bloomz will never share Education Records with third parties except as directed by an authorized user or to service providers necessary to provide the service. Education Records are never sold or used for behaviorally-targeted advertising. Bloomz may use de-identified data for product development and research.

7. Prohibited Conduct

You agree not to: transfer the licenses granted herein; post defamatory, unlawful, objectionable, harassing or infringing content; publish third parties' private information without consent; impersonate any person or entity; send spam or unsolicited offers; use the service for any illegal purpose including violations of COPPA and FERPA; harass or defraud users; circumvent security features; reverse engineer the service; create unauthorized derivative works; or interfere with the operation of the service.

8. App Usage & SMS Terms

Bloomz grants you a limited, non-exclusive, non-transferable, revocable license to install and use one copy of an App for your personal use. Apps made available through a third-party distributor (e.g. Apple App Store, Google Play) are subject to that distributor's terms; the distributor is not responsible for the App.

SMS: If you opt in to SMS notifications, message frequency varies and message and data rates may apply. Text STOP to 87505 to unsubscribe, or HELP for help. Carriers are not liable for delayed or undelivered messages.

9. Third-Party Services and Websites

Bloomz may provide tools to export information to third-party services or link your account with services such as Twitter or Facebook. Such services are not under our control and we are not responsible for their content or use of your information. The service may contain links to third-party websites provided as a convenience only; a link does not imply endorsement.

10. Termination of Use

You may terminate your account at any time by contacting [email protected]. Bloomz may also terminate or suspend access to the service or your account for any reason, including breach of these Terms. Account termination may result in destruction of content associated with your account.

11. Ownership; Proprietary Rights

The service is owned and operated by Bloomz. The visual interfaces, graphics, design, code, products, software and all other elements provided by Bloomz (the “Materials”) are protected by copyright, trade dress and trademark laws. Except for User Submissions, all Materials are the property of Bloomz, its affiliates or licensors.

12. Indemnity

You agree to defend, indemnify and hold harmless Bloomz, its affiliates and their officers, directors, employees and agents from any claims, damages, losses and expenses arising from your use of the service, your violation of these Terms, your violation of any third-party right, or any claim that your User Submissions caused damage to a third party.

13. Warranty Disclaimer

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. BLOOMZ DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND DOES NOT WARRANT THAT THE SERVICE WILL BE ACCURATE, RELIABLE, COMPLETE OR UP-TO-DATE. YOU ASSUME ALL RISK FOR DAMAGES RESULTING FROM YOUR USE OF THE SERVICE.

14. Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY LAW, BLOOMZ SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100, THE AMOUNTS PAID BY YOU TO BLOOMZ IN THE PRECEDING 12 MONTHS, OR ANY MATTER BEYOND OUR REASONABLE CONTROL.

15. Applicable Law and Venue

These Terms and your use of the service are governed by the laws of the State of Washington, without resort to conflict of law provisions. Any action arising out of these Terms shall be filed only in the state and federal courts located in King County, Washington.

16. Assignment

You may not assign, delegate or transfer these Terms or your account without Bloomz's prior written consent. We may transfer, assign or delegate these Terms and our rights and obligations without consent.

17. Contact Information

If you have questions regarding Bloomz, the service, or these Terms, contact us at [email protected]. For privacy questions, please read our Privacy Policy.