These Terms of Service and End User License Agreement ("Terms") constitute a legally binding agreement between you ("User" or "you") and Bloom Sitters, Inc., a Delaware corporation ("Bloom," "we," "us," or "our"). These Terms govern your access to and use of the Bloom’s mobile application (the "App") and the associated website located at www.bloomsitters.com (the "Website"), the App and the Website collectively referred to as the "Services" herein. By accessing or using any part of the Services, you represent you have read, understand, and agree to these Terms. If you do not agree to these Terms, do not access or use any part of the Service.
A. Applicability: These Terms apply to all users of the Services. For users accessing the App via Apple Inc. ("Apple"), you and Bloom acknowledge that these Terms are concluded between you and Bloom only, and not with Apple. Bloom, not Apple, is solely responsible for the Services and their content.
B. License Grant: Bloom grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access the Website and to use one (1) copy of the App in object code form only on any supported Apple-branded products that you own or control, strictly in accordance with the Usage Rules set forth in the Apple Media Services Terms and Conditions. You acknowledge and agree Bloom owns all right, title and interest in and to the App and the Website.
The Services allow parents and guardians (each, a "Parent") to organize, schedule, and communicate with babysitters ("Sitters") with whom they, or individuals within their personal App friend network, have a pre-existing relationship. Bloom may, in its sole discretion and at any time, update, change, suspend, make improvements to, or discontinue (temporarily or permanently) any or all aspects of these Terms or the Services.
A. Platform Limitations: Bloom provides the Services exclusively as a digital management and communication platform. We do not employ Sitters, nor do we perform background checks, identity verification, or any behavioral vetting of Sitters.
B. Assumption of Risk: Parents are solely responsible for the selection, safety, and supervision of any Sitter booked through the Services. Any disputes arising from childcare engagements are solely between the Parent and the Sitter.
A. Parent Accounts: Users creating a Parent account must be 18 years of age or older.
B. Minor Sitter Accounts (Ages 13–17): Individuals between the ages of 13 and 17 may only use the Services as Sitters with express, verifiable consent from a parent or legal guardian. The consenting parent/guardian agrees to be bound by these Terms and assumes full legal and financial responsibility for the minor's actions on the platform.
C. Under 13 Prohibited: Access to and use of the Services is strictly prohibited for any individual under the age of 13. We do not knowingly collect personal data from children under 13.
For more information on Bloom’s privacy practices, please read the Bloom Privacy Notice.
All financial transactions made through the App are processed by a third-party payment processor (e.g., Stripe) in accordance with their respective terms and conditions. Bloom is not responsible for the actions or inactions of such third-party payment processors.
A. Per-Booking Cancellations and Refunds: For engagements scheduled on a Pay-Per-Booking basis, the applicable booking fee is strictly non-refundable in the event a Parent cancels a confirmed engagement. A refund of the booking fee will only be issued if the scheduled Sitter cancels the engagement.
B. Subscription Cancellations: Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period. Management of subscriptions initiated via the App must be handled through your Apple App Store account settings.
C. App Refund: In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you.
A. Media Sharing: The Services allow users to send and receive photos or messages during active bookings. You retain ownership of any media you transmit. By sending content, you grant Bloom a limited, non-exclusive license strictly to host and deliver the content to your designated recipient.
B. Prohibited Conduct: When accessing or using the Services, you must not:
Any violation of this Section 7(b) may result in you losing access to the Services without notice.
Bloom is responsible for providing maintenance and support services for the App and Website. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services for the App.
THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS,” AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. BLOOM AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN ANY WAY THAT THE SERVICES (A) ARE SECURE, ACCURATE, RELIABLE, OR CORRECT; (B) WILL BE AVAILABLE ON A SECURE AND UNINTERRUPTED BASIS; (C) ARE FREE FROM BUGS, VIRUSES, OR ERRORS; OR (D) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOU USE THE SERVICES AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BLOOM BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES RESULTING FROM YOUR USE OF THE SERVICES.
You hereby agree to indemnify, defend, and hold harmless, to the fullest extent permitted by law, Bloom from and against each claim, demand, or action (including liabilities, losses, damages, expenses, court costs, and reasonable attorney’s fees) resulting from, arising out of, or in connection with your access or use of the Services or your breach of any of these Terms. You shall not settle any claim, demand, or action for which you are the indemnifying party hereunder without Bloom’s prior written authorization.
A. Product Claims: Bloom, not Apple, is responsible for addressing any claims relating to the Services or your possession/use of the Services, including but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection legislation.
B. Intellectual Property Claims: In the event of a third-party claim that the Services or your use of the Services infringes a third party's intellectual property rights, Bloom, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
A. Third Party Links: From time to time, Services may include links to third party websites. Any such link is provided for your convenience only. You access such links at your own risk as the corresponding third-party website is not under Bloom’s control and Bloom is not responsible for the contents of any third-party website. Inclusion of a link does not constitute Bloom’s endorsement of any third-party website.
B. Export Laws: You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
C. Apple as Third-Party Beneficiary: You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms as they relate to your use of the App. Upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary.
D. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflicts of law rules.
E. Entire Agreement: These Terms contain the entire understanding between Bloom and you with respect to the matters covered, and no other previous agreement, statement, or promise made by either party that is not contained herein shall be binding or valid.
F. Severability: Each provision herein shall be treated as a separate and independent clause, and the unenforceability of any one clause in no way impairs the enforceability of any other clause. If one or more provisions of these Terms are held to be unenforceable at law, such provision(s) shall be construed so as to be enforceable to the maximum extent compatible with the applicable law as it shall then appear.
G. Assignment: Bloom may assign, transfer, and subcontract its rights and/or obligations under these Terms without any notice to you. However, you must assign, transfer, or subcontract any of your rights and/or obligations under these Terms without Bloom’s prior written authorization.