Terms of Service
Last updated: June 4, 2026
These Terms are the agreement between Bloomily and the childcare business that subscribes to it. If you are a parent/guardian or a staff member using Bloomily because your provider does, your use is also covered by our End-User Terms.
Agreement to these Terms
These Terms of Service (“Terms”) are a binding agreement between Bloomily Inc. (“Bloomily,” “we,” “us”) and the organization that creates an account or uses our platform (“Customer,” “you”). They cover your use of Bloomily’s childcare, preschool, and camp management platform and related websites, apps, and services (the “Service”).
By clicking to accept, creating an account, or using the Service, you agree to these Terms. If you are accepting on behalf of an organization, you represent that you are authorized to bind that organization to these Terms. If you don’t agree, don’t use the Service.
These Terms incorporate, by reference, our Privacy Policy, our Data Processing Agreement (“DPA”), our Acceptable Use Policy (“AUP”), and our SMS Terms. If there’s a conflict, the order of precedence is: (1) the DPA for matters of personal-data processing; (2) these Terms; (3) the AUP, Privacy Policy, and SMS Terms. Together these make up the entire agreement between us about the Service.
1. Definitions
- Affiliate — any entity that controls, is controlled by, or is under common control with Bloomily Inc. (for example, an affiliated entity that operates subscription billing for some accounts on Bloomily’s behalf).
- Authorized Users — the people you allow to use the Service under your account: your staff, administrators, and the parents/guardians you invite.
- Customer Data — the information you and your Authorized Users put into the Service, including information about enrolled children.
- Children’s Data — Customer Data about a child, including names, dates of birth, photos and video, and health, medication, allergy, and pickup-authorization information.
- Fees — the subscription and any other amounts payable for the Service, as shown on our pricing page or your order.
- Service — defined above.
2. The Service and your license to use it
2.1 License
We grant you a non-exclusive, non-transferable right to access and use the Service for your childcare/preschool/camp operations during your subscription, subject to these Terms.
2.2 Changes to the Service
We improve the Service continuously and may add, change, or remove features. We won’t make a material reduction to the core features you’re paying for during your paid term without giving you reasonable notice; if we permanently discontinue a paid feature mid-term, your remedy is a pro-rata refund of pre-paid Fees for that feature. Routine maintenance, security changes, and changes to free or beta features are not “material reductions.”
2.3 Beta and early-access features
We sometimes label features “beta,” “preview,” or “early access.” These are provided as is, may change or be withdrawn, and are excluded from any availability or support commitments — but our security and privacy obligations in the DPA still apply to them.
2.4 Availability and support
We work hard to keep the Service available but don’t promise uninterrupted or error-free operation, and we don’t offer a formal uptime SLA unless separately agreed in writing. We provide support during normal business hours through our published support channels.
2.5 Security
We protect the Service and Customer Data using the safeguards described in our DPA, which is part of this agreement and binds us for your account.
3. Your responsibilities and acceptable use
3.1 Your Authorized Users
You’re responsible for your Authorized Users’ use of the Service and for their compliance with these Terms and the AUP — including your staff and any parents/guardians you invite. Their acts and omissions in the Service are treated as yours.
3.2 Your data and your duties
You’re responsible for the accuracy, quality, and legality of Customer Data and for having the rights and permissions needed to put it into the Service and have us process it. You’ll use the Service in compliance with applicable laws and our AUP.
3.3 Parental consent for children’s information
You are the entity that decides what children’s information is collected and why; we process it on your behalf to provide the Service. You represent and agree that, before any child’s information is entered into the Service, you have obtained all parental notices and verifiable parental consents required by law — including consent for collecting and sharing photos/video and health, medication, and allergy information. Any consent-capture tools we provide are a convenience and do not shift this responsibility to us.
4. Data ownership, and how we may use data
4.1 You own your data
As between you and us, you own Customer Data. We don’t sell it.
4.2 Our license to operate the Service
You grant us the limited right to host, process, display, and transmit Customer Data only as needed to provide, secure, support, and improve the Service for you (for example, showing a child’s photo to that child’s authorized parent).
4.3 Feedback
If you give us suggestions or feedback, we may use them freely to improve the Service, with no obligation to you. This feedback license excludes Customer Data and any children’s information.
4.4 De-identified and aggregated data
We may create and use de-identified or aggregated data derived from use of the Service (for example, anonymous benchmarks and product analytics). We will: (a) exclude children’s directly-identifying information; (b) ensure the data cannot reasonably be used to identify any child, family, or individual; and (c) not attempt to re-identify it. We do not use children’s personal information to build commercial profiles of children or for third-party advertising.
4.5 Artificial intelligence
We do not train AI or machine-learning models on children’s personal information (including children’s photos, video, or health/medication data). We may use de-identified data as described in §4.4 to improve features, and where a feature uses a third-party AI provider, we require that provider not to train its models on your data.
5. Children’s privacy and our roles
5.1 Roles
For children’s information, you act as the operator/controller that decides what is collected and obtains parental consent, and we act as your service provider/processor, handling that information only on your documented instructions to provide the Service, as detailed in the DPA.
5.2 Our own commitments
Regardless of the allocation in §3.3, we independently honor our obligations for children’s information: we don’t sell it, we don’t use it to advertise to or commercially profile children, we maintain the safeguards in the DPA, and we delete or return it as described in the DPA and Privacy Policy.
5.3 Not a HIPAA covered entity
We are not a HIPAA covered entity or business associate, and the Service is not designed to receive Protected Health Information under HIPAA. Health, allergy, and medication details entered for childcare purposes are protected under the DPA, not HIPAA.
5.4 No biometric identifiers
The Service does not use facial recognition or collect biometric identifiers from children’s photos, and you agree not to use the Service to derive biometric identifiers.
6. Fees, billing, and payments
A. Your subscription to Bloomily
6.1 Fees
You’ll pay the Fees for your plan, shown on our pricing page or your order. By subscribing, you authorize us (and our payment processor) to charge your payment method on file on a recurring basis for the Fees. Your subscription is with Bloomily Inc.; Fees may be invoiced or charged by Bloomily Inc. or an Affiliate acting on its behalf (for example, an affiliated entity that operates billing for some accounts), which does not change the party you contract with under these Terms.
6.2 Auto-renewal
Unless your plan says otherwise, your subscription renews automatically for successive terms equal to your then-current term, until you cancel. When you sign up for an auto-renewing plan, we clearly disclose the renewal, you affirmatively agree to it, and you can cancel at any time through your account or by contacting us. For annual (or longer) plans, we’ll send you a reminder before each renewal.
6.3 Price changes
We may change Fees for a renewal term by giving you at least 30 days’ notice before that term begins. If you don’t agree, you may cancel before the renewal takes effect.
6.4 Late payment and taxes
Fees are due as invoiced. Overdue amounts may accrue a reasonable late charge. Fees are exclusive of taxes; you’re responsible for applicable taxes other than taxes on our income.
6.5 Suspension for non-payment
If Fees are overdue and not cured after we give you notice, we may suspend the Service. We’ll aim to suspend administrative access first and avoid abruptly cutting off families’ day-to-day access where reasonably practical.
6.6 Refunds
Except where these Terms expressly provide (for example, §2.2) or the law requires, Fees are non-refundable.
B. Tuition and fees you collect from parents through the Service
6.7 We’re a technology provider, not a bank
The Service lets you collect tuition and fees from parents through a third-party payment processor. We act only as a technology intermediary. We are not a bank, money transmitter, escrow agent, or payer of the funds, and we don’t guarantee any payment.
6.8 Processor terms
Your use of in-Service payments is also subject to our payment processor’s connected-account terms, which you agree to as part of using payments. You’re responsible for your account with the processor and for the accuracy of your payout details.
6.9 Chargebacks, refunds, and reversals
As between you and us, you bear responsibility for refunds, chargebacks, disputes, and reversals on the tuition and fees you collect from parents, including any associated fees. If a reversal or negative balance arises after funds have been paid out to you, you’ll promptly reimburse us, and we may offset such amounts against current or future payouts or charge your payment method on file.
7. Term, termination, and suspension
7.1 Term
These Terms apply while you have an account or use the Service.
7.2 Termination by you
You may stop using the Service and cancel at any time through your account or by contacting us; cancellation takes effect at the end of your current paid term unless we agree otherwise.
7.3 Termination by us
We may terminate or suspend your access: (a) for a material breach of these Terms or the AUP that you don’t cure within a reasonable time after notice; (b) immediately for a security, legal, or safety risk, or non-payment under §6.5; or (c) for our convenience on reasonable prior notice (with a pro-rata refund of pre-paid, unused Fees if we terminate for convenience without cause).
7.4 Effect of termination
On termination: your right to use the Service ends; any Fees owed through the effective date become due; and we handle export and deletion of Customer Data as described in the DPA and Privacy Policy. We won’t refund Fees on a termination for your breach.
7.5 Survival
Sections that by their nature should survive — including §4 (ownership and data rights), §6.9 (reversals), §8 (disclaimers), §9 (liability), §10 (indemnification), §11 (dispute resolution), §12 (general), and accrued payment obligations — survive termination.
8. Disclaimers
8.1 “As is”
The Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory. To the fullest extent allowed by law, we disclaim the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and we don’t warrant that the Service will be uninterrupted, error-free, or secure.
8.2 We are not the childcare provider. Bloomily is a software tool. We are not a childcare provider and are not responsible for the acts or omissions of any center, staff member, or parent. The Service is not a substitute for in-person supervision of children, professional childcare judgment, direct communication, or emergency services. 8.3 Do not rely on the Service for emergency, medical, or life-safety decisions. Always use direct, in-person means and call emergency services where appropriate.
8.4 We don’t verify user-entered information
Information in the Service — including allergy, medication, dietary, and pickup-authorization details — is entered by you and your Authorized Users. We display it but do not independently verify it, and we’re not responsible for inaccurate or out-of-date information you or your users enter.
9. Limitation of liability
9.1 No indirect damages
To the fullest extent allowed by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, even if advised of the possibility.
9.2 Cap
To the fullest extent allowed by law, each party’s total liability arising out of or relating to the Service and these Terms won’t exceed the greater of (a) the Fees you paid us in the 12 months before the claim, or (b) $100 — except that, for claims arising out of a party’s breach of its security or confidentiality obligations, this cap is increased to two times (2×) the Fees you paid us in the 12 months before the claim. The carve-outs in §9.3 apply regardless of this cap.
9.3 What the cap does not limit
The cap and the exclusion in §9.1 do not apply to: (a) death or personal injury caused by a party’s negligence; (b) a party’s gross negligence, willful misconduct, or fraud; (c) your payment obligations; or (d) a party’s indemnification obligations under §10.
10. Indemnification
10.1 Your indemnity
You’ll defend, indemnify, and hold us harmless from third-party claims, and related losses, arising out of: (a) Customer Data or your Authorized Users’ use of the Service; (b) your breach of these Terms or the AUP; (c) your failure to obtain required parental notices/consents or otherwise meet your obligations for children’s information; or (d) your violation of law. This is a cost-shifting backstop between us; it doesn’t reduce our own independent obligations to regulators.
10.2 Procedure
The party seeking indemnity will promptly notify the other, let it control the defense (no settlement admitting the indemnified party’s fault without consent), and cooperate.
11. Dispute resolution
11.1 Governing law and venue
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The parties submit to the exclusive jurisdiction and venue of the state and federal courts located in the county of Bloomily’s principal place of business in California, and each party waives any objection to that forum.
11.2 Resolving disputes in court (no mandatory arbitration)
Before filing, the parties will try to resolve any dispute informally: either party may send written notice of the dispute, and the parties will negotiate in good faith for 30 days. Any dispute not resolved in that period will be brought exclusively in the courts identified in §11.1. Two exceptions: either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court to protect its intellectual property or confidential information.
11.3 Class-action waiver
To the fullest extent allowed by law, disputes will be brought only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding. The parties intend this waiver to be enforced to the fullest extent permitted by the governing law, and a court should enforce it in part if it cannot enforce it in full. This waiver is mutual and severable: if it is held unenforceable as to a particular dispute, then only the unenforceable portion, and only for that specific dispute, is severed and proceeds in the courts identified in §11.1; the waiver otherwise remains in force for every other dispute, and the remainder of these Terms stays in effect.
12. General
12.1 Entire agreement
These Terms (with the incorporated Privacy Policy, DPA, AUP, and SMS Terms) are the entire agreement about the Service and supersede prior discussions.
12.2 Changes to these Terms
We may update these Terms. For material changes, we’ll give notice and ask you to affirmatively accept the updated Terms in the Service (and we keep a record of your acceptance); continued use after a non-material update means you accept it. The version you accepted governs until you accept a new one.
12.3 Assignment
You may not assign these Terms without our consent, except to a successor of your business that assumes them. We may assign these Terms to an Affiliate or in connection with a merger, acquisition, or sale of assets.
12.4 Force majeure
Neither party is liable for delays or failures caused by events beyond its reasonable control (for example, natural disasters, outages of third-party hosting or payment processors, or governmental actions). This does not excuse payment obligations.
12.5 Notices
We may give notices through the Service or by email to your account contacts, and you consent to receive notices electronically. Legal notices to us go to legal@bloomily.app.
12.6 No third-party beneficiaries
These Terms don’t create rights for anyone other than you and us.
12.7 Relationship
The parties are independent contractors; these Terms create no partnership, agency, or employment relationship.
12.8 Severability; no waiver
If a provision is unenforceable, the rest stays in effect and the provision is enforced to the maximum extent allowed. A failure to enforce a provision isn’t a waiver.
12.9 Export and sanctions
You’ll comply with applicable US export-control and sanctions laws and represent you’re not subject to them.
13. Contact
Questions about these Terms: hello@bloomily.app. Legal: legal@bloomily.app. Privacy: privacy@bloomily.app.
By accepting, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.