These Terms of Use (“Terms”) are a legal agreement between you and Yan Builds LLC(“Yan Builds,” “we,” “us,” or “our”). They govern your access to and use of the Bloomlings website at bloomlings.app (the “Site”) and the Bloomlings mobile application (the “App,” together with the Site, the “Services”).
BY CREATING AN ACCOUNT, JOINING THE WAITLIST, OR USING THE SERVICES, YOU AGREE TO THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.
These Terms contain an agreement to resolve disputes by binding, individual arbitration and a waiver of class action rights. Please read Section 15 carefully.
1. Eligibility
You must be at least 18 years old and capable of forming a binding contract to use the Services. Bloomlings is intended for parents and legal guardians to use with their own children ages 5–10. A parent or guardian is responsible for all activity under their account, including activity by a child using the account, and must supervise the child’s use.
2. Accounts
To use most features of the App, you must create an account through a supported authentication method. You agree to provide accurate information, maintain the confidentiality of your login, and promptly notify us of any unauthorized access. You are responsible for all activities that occur under your account.
3. License to use the Services
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for personal, non-commercial use. All rights not expressly granted are reserved.
4. Acceptable use
You agree not to:
- Use the Services in violation of any law, regulation, or third-party right;
- Upload content that is illegal, obscene, harmful to minors, infringing, defamatory, or invasive of another’s privacy;
- Upload photographs of anyone other than yourself or children in your care, without consent;
- Reverse engineer, decompile, or attempt to derive the source code of the Services, except to the extent applicable law forbids such a restriction;
- Scrape, crawl, or use automated means to access the Services; probe, scan, or test the vulnerability of the Services;
- Interfere with or disrupt the Services, or attempt to bypass access controls, rate limits, or security measures;
- Use the Services to build a competing product or to train machine learning models;
- Resell, lease, or redistribute the Services or any portion of them.
5. User content
The Services allow you to submit photographs, text, and other content (“User Content”). You retain ownership of your User Content. You grant Yan Builds a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for formatting and technical purposes), process through AI, and display your User Content solely to operate and improve the Services. This license terminates when you delete the User Content or your account, except as needed for legal, backup, or dispute-resolution purposes.
You represent and warrant that you have all rights necessary to submit your User Content and grant the licenses above, and that your User Content does not violate these Terms or any third-party right.
6. Subscriptions, purchases, and free trials
The App offers free and paid subscription tiers. Subscriptions are sold through the Apple App Store or Google Play and are subject to those stores’ terms. Subscriptions automatically renew at the end of each billing period unless cancelled before renewal. You can manage or cancel your subscription in your App Store account settings.
Free trials (where offered) convert to paid subscriptions at the end of the trial unless cancelled. All prices are shown at the point of purchase. Unless required by applicable law, subscription fees are non-refundable. We may change prices at any time; price changes apply to renewals after notice.
7. No medical advice; wellness disclaimer
Bloomlings is a consumer wellness product, not a medical device and not a source of medical, dietary, or nutritional advice. The App’s meal scoring, AI analysis, and educational content are for general informational purposes and are not a substitute for professional advice, diagnosis, or treatment. Never disregard professional medical advice or delay in seeking it because of something you read or saw in the Services. If your child has a food allergy, feeding disorder, eating disorder, or other medical condition, consult a qualified healthcare provider.
8. AI features
The Services use artificial intelligence, including third-party AI providers, to estimate food categories in meal photographs. AI output may be incomplete, inaccurate, or misleading. You are responsible for reviewing AI-generated output and should not rely on it as definitive nutritional information.
9. Third-party services
The Services integrate with third-party services (including Apple, Google, Firebase, Gemini, RevenueCat, OneSignal, PostHog, Loops.so, Viral Loops, and Twilio). We are not responsible for third-party services, and your use of those services is governed by their own terms.
10. Intellectual property
The Services, including all software, designs, text, graphics, images, characters (including the Bloomlings and Sproutling characters), audio, video, and trademarks, are owned by or licensed to Yan Builds LLC and are protected by intellectual property laws. You may not use our trademarks, characters, or branding without our prior written consent.
11. Termination
You may stop using the Services at any time and delete your account from the App. We may suspend or terminate your access to the Services at any time, with or without notice, if we believe you have violated these Terms, caused risk or legal exposure to us, or misused the Services. Upon termination, your license to use the Services ends immediately.
12. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. We disclaim all warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Services will be uninterrupted, secure, or error-free, or that any defect will be corrected.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YAN BUILDS LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
14. Indemnification
You agree to indemnify, defend, and hold harmless Yan Builds LLC and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use of the Services, (b) your User Content, (c) your violation of these Terms, or (d) your violation of any third-party right, including any intellectual property or privacy right.
15. Governing law; arbitration; class waiver
These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-law principles.
Any dispute arising out of or relating to these Terms or the Services will be resolved by binding, individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. You and Yan Builds waive the right to a jury trial and to participate in a class action or class-wide arbitration. Notwithstanding the foregoing, either party may seek injunctive relief in a court of competent jurisdiction for intellectual-property or confidentiality claims.
You may opt out of arbitration within 30 days of first accepting these Terms by emailing legal@bloomlings.appwith “Arbitration Opt-Out” in the subject line and your name, email, and a statement that you decline arbitration.
16. Changes to these Terms
We may update these Terms from time to time. Material changes will be posted on this page with a new effective date. If you continue to use the Services after the changes take effect, you accept the updated Terms.
17. Miscellaneous
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Yan Builds LLC regarding the Services. If any provision is held unenforceable, the remaining provisions will remain in full effect. Our failure to enforce any right is not a waiver. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, reorganization, or sale of assets.
18. Apple-specific terms
If you access the App through the Apple App Store, you acknowledge that these Terms are between you and Yan Builds LLC, not Apple, and that Apple is not responsible for the App or its content. Apple is a third-party beneficiary of these Terms and may enforce them.
19. Contact
Yan Builds LLC
[BUSINESS ADDRESS]
legal@bloomlings.app