Bloomwell Terms of Service

Last Updated: May 12, 2026

These Terms of Service ("Terms") are a binding agreement between Bloomwell, Inc. ("Bloomwell," "we," "our," or "us") and you. They govern your access to and use of Bloomwell's websites, mobile and web applications, software platform, and related services (collectively, the "Services").

Please read these Terms carefully. By creating an account, accessing, or using the Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Services.

Important notice about dispute resolution. Section 20 contains a binding arbitration provision and a class action waiver that affect how disputes between you and Bloomwell are resolved. Please review it carefully.

1. Who These Terms Apply To

Bloomwell is software that helps childcare programs run their operations and stay connected with the families they serve. These Terms apply to anyone who accesses or uses the Services, in any of the following capacities:

  • Programs — childcare centers, preschools, daycare providers, family childcare homes, and similar organizations that subscribe to the Services to manage their operations.

  • Program Users — owners, administrators, directors, teachers, staff, contractors, and other individuals who use the Services on behalf of a Program.

  • End Users — parents, guardians, family members, emergency contacts, authorized pickup persons, and other individuals invited by a Program to use the Services in connection with the care of a child.

  • Visitors — anyone who visits our marketing website or otherwise interacts with us without an account.

Where these Terms refer to "you," they refer to the individual using the Services and, if applicable, the entity on whose behalf you are using them. If you are using the Services on behalf of an entity, you represent that you have authority to bind that entity to these Terms.

2. Eligibility

To create an account or otherwise use the Services, you must be at least 18 years old, have the legal capacity to enter into a binding contract, and not be barred from using the Services under applicable law. The Services are not directed to children, and children may not create accounts or use the Services directly.

3. Accounts

To use most features of the Services, you will need an account. When you create an account, you agree to provide accurate, current, and complete information and to keep that information up to date. You are responsible for all activity that occurs under your account and for maintaining the confidentiality of your credentials. Notify us immediately at [security@bloomwell.com] if you suspect unauthorized access to your account.

Programs may invite Program Users and End Users to join their account. Each invited user must accept these Terms before using the Services. Programs are responsible for the conduct of their Program Users and for ensuring that the End Users they invite are authorized to access the relevant child's records.

4. Roles and Responsibilities

4.1 Programs

Programs subscribe to the Services to manage their operations, including enrollment, attendance, billing, family communication, and similar functions. The Program is responsible for:

  • determining what information to put into the Services (including information about children, families, and staff);

  • obtaining any consents required by law from parents, guardians, staff, and others before entering their information into the Services;

  • configuring user roles and permissions;

  • complying with all laws applicable to its childcare operations, including licensing, employment, tax, and consumer protection laws;

  • responding to requests from End Users about their information or their child's information;

  • backing up or exporting data the Program wishes to retain after its subscription ends.

4.2 Program Users

Program Users may access and use the Services only within the scope of the role and permissions assigned by their Program. Program Users acknowledge that the Program controls the account and may revoke their access at any time.

4.3 End Users

End Users may access the Services only as invited by a Program. The Program controls what information is visible to each End User. Questions about the information a Program has collected, how it is used, or requests to correct or delete it should be directed to the Program.

4.4 Bloomwell

Bloomwell provides the software platform and operates the Services. We do not determine what information Programs collect, how they configure their accounts, or how they communicate with families. We are not a party to the relationship between a Program and the families and staff it serves.

5. Subscription Plans, Fees, and Billing

5.1 Subscription

Bloomwell offers subscription plans on a per-child or other basis described at sign-up or in an order form. By subscribing, you agree to pay the fees applicable to the plan you select.

5.2 Billing

Unless otherwise agreed, subscription fees are billed in advance on a recurring basis (monthly or annually, as you select) and are payable in U.S. dollars. Fees are non-refundable except as expressly stated in these Terms or required by law.

5.3 Auto-Renewal

Subscriptions automatically renew at the end of each billing period for an additional period of the same length, at the then-current rate, unless cancelled before the renewal date. You may cancel auto-renewal at any time through your account settings or by contacting us.

5.4 Taxes

Fees are exclusive of applicable taxes. You are responsible for any sales, use, value-added, or similar taxes assessed on your use of the Services, other than taxes based on Bloomwell's net income.

5.5 Price Changes

We may change subscription pricing from time to time. Changes will not take effect for your existing subscription until your next renewal, and we will give you at least thirty (30) days' notice before a renewal at the new rate.

5.6 Late Payment

If a payment is not received by the due date, we may suspend or limit access to the Services until payment is made. Past-due amounts may accrue interest at the lower of 1.5% per month or the maximum rate allowed by law.

5.7 Cancellation

You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of the then-current billing period. We do not provide refunds for partial billing periods.

6. Payment Processing and Bloomwell Payments

Bloomwell partners with Stripe, Inc. to provide payment processing services, including the ability for Programs to accept tuition and other payments from families and to receive payouts ("Bloomwell Payments").

By using Bloomwell Payments, you agree to be bound by Stripe's applicable terms, including the Stripe Services Agreement and the Stripe Connected Account Agreement. You authorize Bloomwell to share information with Stripe as necessary to provide Bloomwell Payments, and you authorize Stripe to process payments, payouts, refunds, disputes, and related financial transactions in accordance with those agreements.

Programs are responsible for:

  • the accuracy of bank account, routing, and tax information they provide;

  • the legitimacy of payments processed through their account;

  • the resolution of disputes, chargebacks, and refunds with families;

  • complying with applicable laws related to billing, refunds, and consumer protection;

  • any negative balance, chargeback, or fee assessed against their connected account.

Bloomwell charges processing fees for Bloomwell Payments as disclosed at sign-up or in your account settings. We reserve the right to revise processing fees from time to time.

7. Free Trials and Beta Features

We may offer free trials or beta versions of the Services or specific features. Free trials and beta features are provided "as is" without any warranty, may be modified or discontinued at any time, and may be subject to additional terms presented at the time of access. At the end of a free trial, your subscription will convert to a paid plan unless you cancel before the trial ends.

8. Customer Data and Your Content

8.1 What Customer Data Is

"Customer Data" means all information, content, and materials that Programs and their users submit to or generate through the Services, including information about children, families, staff, attendance, billing records, photos, videos, messages, documents, and similar records.

8.2 Ownership

As between you and Bloomwell, the Program owns its Customer Data. Bloomwell does not claim ownership of Customer Data.

8.3 License to Bloomwell

You grant Bloomwell a non-exclusive, worldwide, royalty-free, fully-paid license to host, store, process, transmit, display, and otherwise use Customer Data solely as necessary to (a) provide and improve the Services, (b) prevent or address technical or security issues, (c) comply with legal obligations, and (d) generate aggregated or de-identified data as permitted by our Privacy Policy. This license continues for as long as we hold the Customer Data. Aggregated or de-identified data, and any copies retained for legal, archival, or backup purposes, may be retained and used by Bloomwell indefinitely.

8.4 Your Responsibilities for Customer Data

You represent and warrant that you have all rights, consents, and authority needed to submit Customer Data to the Services and to grant the license in Section 8.3. You are responsible for the accuracy, quality, and legality of Customer Data and for ensuring that Customer Data does not infringe any third-party rights or violate any law.

8.5 Photos, Videos, and Family-Facing Content

The Services allow Programs and their users to upload, share, and receive photos, videos, daily updates, classroom announcements, and similar content involving children and families. Programs are solely responsible for obtaining all consents required to capture, upload, and share such content, and for using the Services in compliance with applicable laws, licensing requirements, and the Program's own family policies.

8.6 Data Export and Deletion

Programs may export Customer Data and request deletion of Customer Data through the Services or by contacting us. After a Program's subscription ends, we will retain or delete Customer Data as described in Section 17 (Effect of Termination).

9. Acceptable Use

You agree not to:

  • use the Services in violation of any law, regulation, or third-party right;

  • use the Services to operate any childcare or related business that is unlicensed, fraudulent, or otherwise unlawful;

  • upload, transmit, or store any content that is unlawful, harassing, defamatory, obscene, threatening, hateful, sexually explicit, or harmful to children;

  • impersonate another person or misrepresent your affiliation with a person or entity;

  • attempt to gain unauthorized access to the Services, other accounts, or any systems or networks connected to the Services;

  • interfere with, disrupt, or place an unreasonable load on the Services;

  • reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services, except to the extent expressly permitted by law;

  • use the Services to develop a competing product or to benchmark the Services for competitive purposes;

  • scrape, crawl, harvest, or extract data from the Services using automated means;

  • introduce any virus, malware, or other harmful code into the Services;

  • circumvent any access controls, rate limits, or other technical limitations of the Services;

  • resell, sublicense, rent, lease, or otherwise commercially exploit the Services without our prior written consent.

We may investigate violations of this Section 9 and take appropriate action, including suspending or terminating access, removing content, and cooperating with law enforcement.

10. Children and Family Members

The Services are designed to be used by adults — Programs and their authorized Program Users and End Users — to support the care of children. Bloomwell does not direct any portion of the Services to children, and we do not knowingly collect personal information directly from children for our own purposes.

When a Program enters information about a child into the Services, the Program is responsible for obtaining any consents required by law from the child's parent or legal guardian, including consents related to the collection, use, and sharing of the child's information, photos, and videos. Our handling of information about children is described in our Privacy Policy.

If you are a parent or guardian and believe that a Program is using the Services in a way that violates applicable law or your rights, please contact the Program directly. If you believe Bloomwell has collected personal information from a child outside the scope described above, contact us at [privacy@bloomwell.com].

11. Third-Party Services and Integrations

The Services may interoperate with third-party products, services, and websites ("Third-Party Services"), including payment processors, accounting software, messaging providers, identity providers, and government reporting systems. Your use of any Third-Party Service is governed by that third party's terms and privacy policy, not these Terms. We are not responsible for any Third-Party Service or for any information you share with one.

If you enable an integration between the Services and a Third-Party Service, you authorize us to exchange information with that Third-Party Service as needed to operate the integration.

12. Mobile Apps and App Stores

If you download a Bloomwell mobile application from the Apple App Store, Google Play, or another distribution platform, your use is subject to that platform's terms as well as these Terms. We grant you a limited, personal, non-exclusive, non-transferable license to install and use the mobile application on a device you own or control, solely for use with the Services and subject to these Terms.

If you obtained a Bloomwell app from the Apple App Store, you and Bloomwell acknowledge that Apple is not a party to these Terms; Bloomwell, not Apple, is solely responsible for the app and its content; Apple has no obligation to provide support for the app; and Apple is a third-party beneficiary of the provisions of these Terms relating to your license to use the app.

13. Intellectual Property

The Services, including all software, technology, designs, text, graphics, logos, and other content (other than Customer Data), are owned by Bloomwell or its licensors and are protected by intellectual property and other laws. We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services in accordance with these Terms, solely for the duration of your subscription. All rights not expressly granted in these Terms are reserved by Bloomwell.

"Bloomwell," the Bloomwell logo, and other Bloomwell marks are trademarks of Bloomwell, Inc. You may not use our trademarks without our prior written consent.

14. Feedback

If you provide us with suggestions, ideas, feature requests, or other feedback about the Services ("Feedback"), you grant Bloomwell a perpetual, irrevocable, worldwide, royalty-free, fully-paid license to use, modify, and incorporate the Feedback into the Services and our business without obligation or compensation to you.

15. Privacy

Our Privacy Policy describes how we collect, use, and share information in connection with the Services. By using the Services, you acknowledge our handling of information as described in the Privacy Policy.

16. Term

These Terms apply from the date you first access or use the Services and continue until terminated as described below.

17. Termination

17.1 Termination by You

You may terminate these Terms at any time by closing your account and ceasing use of the Services. Cancellation of a subscription is governed by Section 5.7.

17.2 Termination by Bloomwell

We may suspend or terminate your access to the Services, in whole or in part, at any time and for any reason, including if we believe you have violated these Terms, if your account is past due, if continued provision of the Services to you would expose us to legal or regulatory risk, or if we discontinue the Services or a feature of the Services.

17.3 Effect of Termination

Upon termination:

  • your right to access and use the Services ends;

  • you remain responsible for any fees accrued before termination;

  • you may export Customer Data for a reasonable period after termination as we make available through the Services or by request;

  • after that period, we may delete Customer Data in accordance with our data retention practices and applicable law;

  • provisions of these Terms that by their nature should survive termination will survive, including (without limitation) Sections 8.3, 13, 14, 18, 19, 20, and 21.

18. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, BLOOMWELL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, BLOOMWELL DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL JUDGMENT BY A LICENSED CHILDCARE PROVIDER, MEDICAL PROFESSIONAL, OR LEGAL OR FINANCIAL ADVISOR. PROGRAMS AND THEIR USERS ARE SOLELY RESPONSIBLE FOR DECISIONS MADE IN CONNECTION WITH THE CARE OF CHILDREN, COMPLIANCE WITH LAW, AND THE OPERATION OF THEIR BUSINESS.

Some jurisdictions do not allow the disclaimer of certain warranties, so some of the disclaimers in this Section may not apply to you.

19. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

(a) IN NO EVENT WILL BLOOMWELL OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF BLOOMWELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) BLOOMWELL'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS PAID BY YOU TO BLOOMWELL FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (ii) ONE HUNDRED U.S. DOLLARS ($100).

The limitations in this Section apply to all claims, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory. Some jurisdictions do not allow certain limitations of liability, so some of these limitations may not apply to you.

20. Indemnification

You agree to defend, indemnify, and hold harmless Bloomwell and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • your or your users' use of the Services;

  • your Customer Data, including any claim that Customer Data violates applicable law or infringes any third-party right;

  • your violation of these Terms;

  • your violation of any law or third-party right;

  • in the case of a Program, the Program's relationship with the families and staff it serves, including disputes over tuition, refunds, care, or communications;

  • in the case of a Program, the Program's failure to obtain consents or provide notices required by law.

We may, at our option, assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.

21. Dispute Resolution; Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

21.1 Informal Resolution

Before filing any formal proceeding, you agree to first contact us at [legal@bloomwell.com] with a written description of the dispute and an attempt to resolve it informally for at least thirty (30) days.

21.2 Binding Arbitration

If the dispute cannot be resolved informally, you and Bloomwell agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and, where applicable, its Consumer Arbitration Rules. The arbitration will be conducted in San Francisco, California, or another mutually agreed location, or by video conference. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction.

21.3 Exceptions

Either party may bring an individual action in small claims court. Either party may also seek injunctive or other equitable relief in court to protect intellectual property rights or to enforce the confidentiality of confidential information.

21.4 Class Action Waiver

YOU AND BLOOMWELL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding.

21.5 Opt-Out

You may opt out of the arbitration agreement in Section 21.2 and the class action waiver in Section 21.4 by sending written notice to [legal@bloomwell.com] within thirty (30) days of first accepting these Terms. The notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out.

21.6 Governing Law

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of California, without regard to its conflict-of-laws rules. To the extent any dispute is not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California.

22. General Provisions

22.1 Entire Agreement

These Terms, together with the Privacy Policy and any order forms, additional terms, or written agreements between you and Bloomwell, constitute the entire agreement between you and Bloomwell regarding the Services and supersede all prior or contemporaneous agreements on the same subject.

22.2 No Waiver

Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.

22.3 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in full force and effect.

22.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, or by operation of law. Any attempted assignment in violation of this Section is void.

22.5 Notices

We may provide notices to you by email to the address associated with your account, by posting in the Services, or by other reasonable means. You may provide notices to us at [legal@bloomwell.com] or at the mailing address in Section 23.

22.6 Force Majeure

Neither party is liable for delays or failures in performance caused by events beyond its reasonable control, including natural disasters, labor disputes, internet outages, denial-of-service attacks, acts of government, and similar events.

22.7 Relationship of the Parties

You and Bloomwell are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

22.8 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights, except as expressly stated in Section 12 (Apple).

22.9 Headings

Section headings are for convenience only and have no legal effect.

23. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date at the top. If we make material changes to these Terms, we will do our best to alert you to changes by placing a notice on our website, by sending you an email, and/or by some other means. Please note that if we aren't able to send a notification or if you've opted not to receive legal notice emails from us (or you haven't provided us with your email address), you are still responsible for reading and understanding the changes. Your continued use of the Services after the effective date means you accept the updated Terms. If you do not agree, you must stop using the Services.

24. Contact Us

If you have questions about these Terms, contact us at:

Bloomwell, Inc.Email: [legal@bloomwell.com]