BlossomUp

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TERMS OF SERVICE

Last Updated: June 2026

Thank you for visiting the BlossomUp® website located at www.blossomup.co (the “Site”). The Site is an Internet property of Transcend Labs LLC d/b/a BlossomUp (“BlossomUp®,” “we,” “our” or “us”). The following BlossomUp® Terms of Service (“Terms”) are inclusive of the BlossomUp® Privacy Policy (“Privacy Policy”), the Contest Rules applicable to any Promotion (as defined below), and any and all other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “Agreement”).

Each end-user visitor to the Site (“User,” “you” or “your”) agrees to the terms of the Agreement, in their entirety, when she/he: (a) accesses or uses the Site; (b) accesses certain text, images, video and audio, as well as other content and information relating to the Service (as defined below) as made available by: (i) BlossomUp® (collectively, “BlossomUp® Content”); and/or (ii) third parties (“Third-Party Content,” and together with BlossomUp® Content, the “Content”); (c) purchases a subscription to the BlossomUp® service (collectively, “BlossomUp® Subscription Services”), and opens an account (“Account”), which provides Users with access to: (i) the results from the “Love Language” quiz and associated analysis; (ii) personalized challenges and material designed to help improve personal relationships; (iii) a partner compatibility analysis; and (iv) additional features and functionality; (d) participates in forums and in comments sections on BlossomUp® social media pages/accounts appearing on third-party social media websites (collectively, “Social Media Pages”), such as Facebook®, Instagram® and TikTok® (collectively, “Social Media Websites”); (e) accesses certain promotions, contests and/or sweepstakes offered by BlossomUp® by and through the Site and otherwise, from time to time (collectively, “Promotions”); (f) utilizes the various contact forms and/or contact information made available on the Site, as a means to contact directly, or request to be contacted by, BlossomUp® (collectively, the “Contact Services,” and together with the Site, Content, BlossomUp® Subscription Services, Social Media Pages and Promotions, “the Service”); and/or (g) otherwise affirmatively consents to these Terms and/or the Agreement.

Instagram® and Facebook® are registered trademarks of Meta Platforms, Inc. (“Meta”). TikTok® is a registered trademark of ByteDance Ltd. (“TikTok”). Please be advised that BlossomUp® is not in any way affiliated with Meta or TikTok, nor is the Service endorsed, administered or sponsored by Meta or TikTok.

PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF A USER DOES NOT AGREE WITH THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS NOT AUTHORIZED TO USE THE SITE OFFERINGS IN ANY MANNER OR FORM.

THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST BLOSSOMUP®, AS WELL AS THE BLOSSOMUP® GROUP, AS DEFINED BELOW (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.

NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).

DISCLAIMER ON SERVICE USE AND LIMITATIONS

Overview: The Service is designed purely for entertainment and general information purposes, offering quizzes and related Content that should not be taken as medical, psychological, psychiatric or professional advice. The Service is not a tool for diagnosing or evaluating mental health or personality traits, and any results should not be considered accurate or comprehensive assessments. Users are responsible for any decisions they make based on their use of the Service, and BlossomUp® is not liable for those outcomes. The Service is intended for personal use only and not for business, education, or employment purposes. Additionally, translations of this and other Site-related documents into other languages may not be accurate and are used at the User’s own risk.

BlossomUp® provides its Service, including the associated quizzes, reports, analyses and Content, for informational and entertainment purposes only. BlossomUp® is not a mental health, psychiatric, psychological, medical or health services organization. We make no claims or representations regarding psychiatric, psychological, emotional, health, or commercial benefits associated with use of the Service.

The Service is not a substitute for professional medical, psychiatric, or psychological advice, diagnosis, or treatment. Do not disregard medical or professional advice, or delay in seeking it, because of information that you may have obtained by and/or through the Service. The Service should only be used in conjunction with the guidance and care of your healthcare/psychiatric care professional(s) and/or physician(s). If you have any concerns about your health or mental well-being, consult a qualified professional, such as a doctor or therapist. Specifically:

  • the Service does not provide, comprise or involve any mental health and/or psychiatric-related screening, assessment, evaluation and/or treatment including, but not limited to, psychological/psychiatric care;
  • the Service does not provide medical advice, oversight, diagnosis, care or treatment including, but not limited to, psychological/psychiatric care;
  • the results of the Service and related Content should not be relied upon as a comprehensive or accurate assessment of your psychiatric and/or psychological well-being or personality, as BlossomUp® lacks sufficient information to guarantee such accuracy;
  • any decisions you make based on the Service are made at your own risk, and BlossomUp® is not liable for the consequences of those decisions;
  • the Service is meant for personal use only and not intended for business, educational, employment, or recruitment purposes; and
  • translations of the Service into languages other than English may not be accurate (e.g., some translations are volunteer-contributed) and are used at your own risk.

Information and statements regarding some of the products and/or services featured by and/or through the Service have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any mental health condition or disorder, disease or medical condition. BlossomUp® does not recommend or endorse specific diagnostic or diagnostic criterion, physicians, clinicians, products, procedures, opinions, theories or any other medical/psychiatric-related information that may be made available by and/or through the Service. Reliance on any information made available to you by and through the Service is solely at your own risk. If you experience a medical emergency, call your doctor or emergency medical service provider immediately.

No licensed medical professional/patient relationship is created by contacting BlossomUp®. BlossomUp® is not a covered entity for purposes of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), with respect to the Service as currently offered, nor is the information provided by you to BlossomUp® considered protected health information under HIPAA unless otherwise required by applicable law. Therefore, BlossomUp® is not subject to HIPAA privacy or security rules with respect to the Service as currently offered.

1. YOUR CONTRACTUAL RELATIONSHIP AND ELIGIBILITY

Overview: To use the Service, you must meet certain age and legal requirements. You need to be at least 18 years of age (or the legal age in your area if greater than 18 years of age). If you don’t meet these requirements, you can’t use the Service, create an Account, or share personal information with us. If you lie about your age or eligibility, BlossomUp® can cancel your Account and delete your data. When you sign up, you promise that all the information you give is correct and that you will follow all laws. You’re also responsible for everything that happens through your Account, even if someone else uses your Account with or without your permission. If you don’t protect your Account properly and something goes wrong, you might be held responsible. Always inform BlossomUp® right away if someone uses your Account without your permission.

1.1. Eligibility Requirements. By using the Service, you confirm that you meet the following criteria: You are at least 18 years old, or the age of majority in your state of residence if greater than 18 years of age (e.g., 19 in Mississippi, Nebraska, Alabama or where otherwise designated by law), and have the legal capacity to enter into binding contracts under the laws of your jurisdiction. If you do not meet these criteria, you are prohibited from using the Service, creating an Account, or submitting personal information. BlossomUp® may terminate your Account and delete associated data if we determine, in our sole discretion, that you have misrepresented your eligibility, subject to state-specific refund or data retention obligations (e.g., California Civil Code § 1747) and the General Data Protection Regulation (EU) (“EU GDPR”) erasure rights (Article 17).

1.2. Representations and Warranties. You represent and warrant that:

  1. All information you provide during registration or through use of the Service is true, accurate, current, and complete, and you will promptly update it if it changes;
  2. You will not misrepresent your identity, age, or eligibility, including using the Service on behalf of another individual or entity without authorization; and
  3. Your use of the Service complies with all applicable federal, state, and local laws, rules and regulations including, but not limited to, the Restore Online Shoppers’ Confidence Act (ROSCA), the Federal Trade Commission Act (FTC Act Section 5), state consumer protection laws (e.g., California Consumers Legal Remedies Act, New York General Business Law § 349), and the GDPR (e.g., Articles 6, 7) for EEA/and the UK General Data Protection Regulation (EU) (“UK GDPR,” and together with the EU GDPR, the “GDPR”) for UK users.

Breach of these warranties may result in suspension or termination of your Account under Section 10, forfeiture of fees paid (where permitted by applicable law), and legal action to recover damages caused by such breach, subject to Section 13 (Indemnification).

1.3. Account Responsibility. You are solely responsible for all activities conducted through your Account, including those by authorized third parties (e.g., shared account users under Section 2.8). You agree to indemnify BlossomUp®, its affiliates, members, officers, and employees from and against any and all claims, losses, and/or liabilities arising from or related to unauthorized use due to your negligence or failure to secure your Account credentials, except where limited by state consumer protection laws (e.g., California Civil Code § 1780) or GDPR Article 82 for EEA/UK users. You must notify us immediately at [email protected] of any unauthorized use or security breach. For EEA/UK Users, any personal data breach will be handled in accordance with applicable GDPR requirements and our Privacy Policy.

2. THE SERVICE

Overview: This section explains how you can use the BlossomUp® Service, which include things like personality tests, growth challenges, and special tools made available through discounted or paid Accounts. If you’re just browsing the Site, you can see public Content, but in order to access more features, you’ll need to create an Account and, for premium tools, subscribe for a fee. You’re responsible for keeping your Account info accurate and secure. If you connect your BlossomUp® Account with a social media account (like Facebook®), you allow BlossomUp® to access certain content and personal information from that social media account. You can also share your BlossomUp® subscription with others, but you’re fully responsible for their actions. BlossomUp® may send you emails about your Account, the Services, and certain other products and services that you might be interested in, and by using the Service, you agree to receive these unless you opt out of non-essential messages. BlossomUp® can change its Service or these Terms, but will notify you ahead of time the change is significant. If you keep using the Site or Service after those changes, that means you accept the changes.

The Service provides online tools and content, including IQ and personality tests, personal growth challenges, and premium features accessible via subscription plans, as detailed in your purchase confirmation. The following description of the Service is for informational purposes only and does not constitute a warranty or guarantee of specific outcomes. Service offerings may evolve, and detailed features are subject to change and/or cancellation, as outlined in Section 2.11. For EEA/UK Users, using the Service involves data processing under GDPR Article 6.

2.1. User Access and Compliance. Your access to the Service is contingent upon your ongoing agreement to and compliance with the Agreement. The Service is available to users categorized below, with access rights and obligations defined herein. For EEA/UK Users, your personal data is processed as described in the Privacy Policy and in accordance with applicable legal bases under GDPR Article 6.

2.2. Visitors. Visitors (“Visitors”) may browse public areas of the Site in accordance with the Agreement but are restricted from accessing premium features (e.g., detailed test results, personal growth challenges), downloading content, contributing materials, posting comments, and/or enrolling in special programs unless they become Registered Users. Continued use as a Visitor constitutes acceptance of these restrictions. For EEA/UK Visitors, limited data (e.g., IP address) may be processed for analytics, per GDPR Article 6.

2.3. Registered Users and Accounts. To gain access to certain features of the Service (e.g., basic test access), you must register an Account by submitting true, accurate, current, and complete information (“Registration Data”), which you agree to update promptly. The Registration Data that we may request when you attempt to open an Account or otherwise use the Service, may include, but is not limited to: (a) your full name; (b) your mailing/billing address; (c) your e-mail address; (d) your telephone number; (e) your relationship status; (f) your gender; (g) your age; (h) your credit/debit card information or other Payment Method information (as defined below) (where purchasing a subscription); and/or (i) any other information requested by us on the applicable registration Form. A “Registered User” is a User with an Account or a valid third-party social networking service account linked per Section 2.7. Registered Users may view limited Content but a subscription is required for premium access. Misrepresentation of Registration Data may lead to Account suspension or termination under Section 10, subject to applicable state refund laws (e.g., California Civil Code § 1747) and GDPR erasure rights for EEA/UK Users (Article 17). You are liable for all activities under your Account, as outlined in Sections 1.3 and 13. For EEA/UK Users, registration involves data processing (e.g., email, test responses) per GDPR Article 6, with rights to access or delete by submitting an email to [email protected].

2.4. Subscribers. Subscribers are Registered Users who have entered a payment agreement with BlossomUp® for premium content, tools, or services (e.g., subscription-based test results or challenges). Subscription details, including any discounted trials, are provided in your purchase confirmation email. You must provide affirmative consent (e.g., checking “I agree to the recurring billing terms” during checkout) to recurring billing terms, as mandated by the Restore Online Shoppers’ Confidence Act (“ROSCA”) and state auto-renewal laws (e.g., California Business and Professions Code § 17600 et seq.). Contact [email protected] for clarification. BlossomUp® reserves the right to refuse or terminate subscriptions if eligibility or compliance is uncertain, subject to Section 10 and state consumer protection laws.

2.5. Registration Data Obligations. Upon registration, you agree to:

  1. Provide true, accurate, current, and complete Registration Data as prompted by the Service; and
  2. Maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.

BlossomUp® may suspend or terminate access to your Account under Section 10 if Registration Data is suspected to be untrue, inaccurate, or incomplete, with remedies limited by applicable state consumer laws (e.g., California Consumers Legal Remedies Act) and GDPR data rights for EEA/UK Users (Article 17). For EEA/UK Users, inaccurate data may be corrected by logging into your Account.

2.6. Account Security and Responsibility.

  1. Security Measures: You must not share your Account credentials or password with others. BlossomUp® strongly recommends enabling multi-factor authentication (MFA) where available to enhance security. You agree to: (i) notify us immediately at [email protected] of any unauthorized use or security breach; and (ii) log out at the end of each session. Failure to secure your Account may result in liability for associated actions.
  2. BlossomUp® Rights: BlossomUp® may monitor Account activity, require password changes for security reasons, or reclaim usernames if they infringe upon third-party rights or violate our policies. Accounts with insecure credentials may be terminated or require mandatory updates at our discretion.
  3. Misuse Consequences: Providing false Registration Data, registering on behalf of others without authorization, or breaching Account security may lead to suspension or termination under Section 10, forfeiture of fees where permitted by state law, and legal action for damages, as detailed under Section 13. For EEA/UK Users, breaches involving data will be notified per GDPR Article 33.

2.7. Access through Social Networking Sites. You may link your Account to a third-party social networking service account (“Third-Party Account”), thereby granting BlossomUp® permission to access your Third-Party Account. This access is subject to the terms and conditions governing your use of each Third-Party Account. You must provide affirmative consent (e.g., checking “I Agree” during linkage) to this access, as required by the Restore Online Shoppers’ Confidence Act (“ROSCA”) and applicable state laws (e.g., California Business and Professions Code § 17600 et seq.). For EEA/UK Users, this consent also serves as your agreement to data processing per GDPR Article 6(1)(a). You represent and warrant that:

  1. You are entitled to disclose your Third-Party Account login information and grant BlossomUp® access without breaching those terms;
  2. Such disclosure does not obligate BlossomUp® to pay fees or adhere to usage limitations imposed by third-party providers.

By granting this access, you understand that BlossomUp® may access, make available, and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, and/or other materials accessible through the Service that you have provided to and stored in your Third-Party Account (“SNS Content”) for display on and through the Service via your Account. Unless otherwise specified, all SNS Content is considered your User Content (as defined in Section 4) for all purposes of the Agreement. The availability of SNS Content depends on your Third-Party Account privacy settings and may be visible to others through your Account. BlossomUp® retains SNS Content only as necessary to provide the Service and will delete it upon your request or Account termination, subject to legal retention obligations (e.g., California Consumer Privacy Act § 1798.100 et seq., GDPR Article 5). If a Third-Party Account or its service becomes unavailable, or if the third-party provider terminates BlossomUp’s® access, SNS Content may no longer be available through the Service. You may disable this connection at any time via the “Settings” section of the Service, or for EEA/UK Users, via the Privacy Policy, to withdraw consent.

Important Notices:

  1. Your relationship with Third-Party Account providers is governed solely by your agreements with them. BlossomUp® disclaims all liability for personal information provided to us by third-party providers in violation of your privacy settings, as well as for any data breaches or losses caused by those providers, except as required by state law (e.g., New York SHIELD Act § 899-aa) or GDPR Article 82 for EEA/UK Users.
  2. BlossomUp® does not review SNS Content for accuracy, legality, or non-infringement and is not responsible for its content, quality, or any consequences of its use. You are solely liable for ensuring compliance with applicable laws and third-party terms when linking accounts.

2.8. Shared Accounts. A shared account is controlled by the Registered User, whose designated payment method is charged. The Registered User may authorize additional Users to share the subscription, requiring each to create a separate profile for a personalized experience. Shared access persists only while the Registered User maintains an active subscription; cancellation or deletion by the Registered User terminates all shared access. The Registered User is liable for all charges, breaches, or activities by authorized Users, except where limited by state consumer protection laws (e.g., California Civil Code § 1780). For EEA/UK Users, shared account data is processed per GDPR Article 6, with the Registered User responsible for ensuring authorized Users’ consent. BlossomUp® disclaims liability for shared use disputes, subject to Section 13 indemnification.

2.9. Electronic Communications. Communications with BlossomUp® may occur electronically (e.g., email, Site notices) regarding your Account, transactions, or Agreement updates. You consent to receive such communications, which satisfy legal writing requirements under the Electronic Signatures in Global and National Commerce Act (E-SIGN) and state laws (e.g., California Civil Code § 1633.5), except where state law mandates otherwise. You may opt out of non-transactional emails by following the unsubscribe link in each message, subject to state privacy laws (e.g., California Consumer Privacy Act § 1798.100 et seq.) and GDPR Article 7 for EEA/UK Users. Statutory rights remain unaffected.

2.10. Modifications to the Terms. BlossomUp® may update the Agreement from time-to-time by posting the revised version on the Site and, if required by applicable law, notifying you via email to your registered address or a dashboard notice; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and Users should review the Agreement in its entirety prior to using the Service. By a User’s continued use of the Service, that User hereby agrees to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable). Further, material changes may require prior notice, as required by state law (e.g., California Business and Professions Code § 17602), and, if so, you may terminate your subscription without penalty within that notice period if you disagree, per Section 10. For EEA/UK Users, notice complies with GDPR Article 13. Continued use after notice constitutes acceptance.

2.11. Modifications to the Service. BlossomUp® may modify, suspend, or discontinue the Service or its components at any time, with or without notice, except where state law mandates prior notice (e.g., California Consumers Legal Remedies Act). Your sole recourse for objection is to cease use. Continued use after changes indicates acceptance. BlossomUp® is not liable for modifications or discontinuations, except as limited by applicable state consumer protection laws or GDPR Article 82 for EEA/UK Users.

2.12. Additional Terms. Certain Service features may be governed by additional terms (“Additional Terms”), presented at the time of use. By accessing those features, you agree to be bound by the Additional Terms, which prevail in case of conflict with these Terms, ensuring consistency with Section 17.12.

3. YOUR RESPONSIBILITIES

Overview: This section explains what you are responsible for when using the BlossomUp® Service. You must use the Service properly, follow the rules set forth in the Agreement, and avoid doing anything illegal, harmful, or disruptive. If you post in forums, do not share private information because BlossomUp® may monitor or remove content as required or permitted by law. If the Service provides you with an opportunity to give feedback through things like surveys, that information may be used by BlossomUp® as permitted in these Terms and the Privacy Policy. You are also responsible for how you interact with other Users and will not be able to hold BlossomUp® responsible for any problems that come from those interactions. If your actions cause problems, you may need to pay for any losses or damages they cause, unless the law says otherwise.

As a User of the Service, you are accountable for your actions, interactions, and contributions. Your responsibilities under these Terms, our Privacy Policy, Acceptable Use Policy (Section 8, “AUP”), Section 4 (“Your Content”), and any Additional Terms are outlined below. Non-compliance may result in suspension or termination under Section 10, subject to applicable state consumer protections and GDPR data rights for EEA/UK Users (e.g., Article 17). For EEA/UK Users, your responsibilities involve data processing under GDPR Article 6.

3.1. Public Discourse and Forums. The Service may include forums (“Forums”) where you may post User Content (as defined in Section 4). To protect confidentiality, avoid sharing sensitive information, as use is at your own risk. BlossomUp® may monitor, edit, or remove Forum content and disclose it to comply with legal obligations (e.g., state laws, GDPR Article 6), as detailed in the AUP (Section 8.4). Notwithstanding the foregoing, BlossomUp® undertakes no responsibility to monitor or otherwise police the actions of Users, User Content and/or other material posted to the Forums by Users and/or other third parties. For EEA/UK Users, monitoring complies with GDPR Article 13. BlossomUp® is not liable for User-generated content or damages from reliance, subject to state consumer laws (e.g., California Consumers Legal Remedies Act).

3.2. Invited Submissions. The Service may request submissions (“Invited Submissions”) via promotions or surveys, sometimes with incentives. Review any Additional Terms; if none apply, these Terms govern. Invited Submissions are non-confidential, and BlossomUp® may use them for testimonials or improvements per Section 4.

3.3. Disclaimer Regarding Testimonials. The Service may feature testimonials reflecting certain Users’ experiences, which may not represent all Users. Results vary, and testimonials may be edited for clarity, with photos not always depicting authors. The views represented in testimonials are Users’, not BlossomUp’s®, and we are unaffiliated parties unless incentivized per Section 4. This aligns with Section 11 (Disclaimer of Warranties).

3.4. User Interactions and Release. You are solely responsible for your interactions with other Users or third parties via the Service. For any disputes (e.g., with merchants), you release the “BlossomUp® Group” (which is defined as BlossomUp® (Transcend Labs LLC), its parent, subsidiaries, affiliates, members, officers, directors, employees, agents, and successors) from any claims, liabilities, or damages (actual or consequential, known or unknown) arising therefrom, to the fullest extent permitted by law. You waive all protections that might limit this release, including, if a California resident, California Civil Code §1542 (“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor”), except where prohibited by state law (e.g., New York General Business Law § 349) or GDPR Article 82 for EEA/UK Users.

3.5. User Conduct Overview. You must use the Service responsibly, adhering to the AUP (Section 8), which prohibits illegal, harmful, or disruptive activities (e.g., harassment, spamming, IP infringement). Breaches may lead to Section 10 actions and legal recourse. For EEA/UK Users, conduct involves data processing per GDPR Article 6, with rights to object via the Privacy Policy.

3.6. Compliance with Laws. You must comply with all applicable federal, state, and international laws, rules and regulations including ROSCA, Federal Trade Commission Act (FTC Act Section 5), Children’s Online Privacy Protection Act (“COPPA”), state consumer protection laws (e.g., California Consumers Legal Remedies Act, New York General Business Law § 349), and GDPR (e.g., Articles 6, 7) for EEA/UK Users. Non-compliance may trigger Section 10 remedies.

3.7. Proper Use of Service. You must use the Service as intended (e.g., for personal testing and growth), not for unauthorized commercial purposes. You are responsible for compatible hardware/software and costs (e.g., internet fees). Misuse may result in Section 10 actions, per the AUP (Section 8.2).

3.8. Indemnification. You agree to indemnify and hold harmless BlossomUp®, its affiliates, members, officers, and employees from claims, losses, or liabilities arising from or related to your User Content (as defined below), your breach of the Agreement (including Sections 3.1-3.7) and/or your unauthorized use of the Service, except where limited by state consumer laws (e.g., California Civil Code § 1780) or GDPR Article 82 for EEA/UK Users.

4. YOUR CONTENT

Overview: When you use the Service and share any of your content—like reviews, photos, videos, or personal information—you are responsible for making sure that content is accurate and legal. By sharing content, you give BlossomUp® permission to use it in multiple ways (like promoting the Service), and this permission continues for publicly available content even after you delete your Account—unless you ask us to stop. Other Users can also view and use your publicly available content. While you still own your content, you agree that BlossomUp® can use it freely and that you won’t demand credit, payment or control how it’s used. You must make sure your content doesn’t break any laws or copy someone else’s work. Finally, anything you post is considered public unless clearly marked private, so don’t share anything sensitive unless you’re okay with it being seen or reused.

As a Registered User of the Service, you may upload, post, share, reframe, transmit, or otherwise make available (“Make Available”) content (“User Content”) through the Service. “User Content” includes, without limitation, your Account information, personal details, reviews, ratings, rankings, responses, videos, photos, audio, profile entries, posts, questions, materials, testimonials, submissions, and any other information you provide or that we may generate for you. Your responsibilities for User Content accuracy and its public sharing are outlined in Section 3, and its use is subject to the Acceptable Use Policy (Section 8, “AUP”). For EEA/UK Users, submitting User Content involves data processing under GDPR Article 6.

4.1. License to BlossomUp®. By Making Available User Content, including through third-party services (e.g., Trustpilot reviews), you grant BlossomUp®, its successors, and affiliates a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, copy, reproduce, process, adapt, modify, publish, transmit, distribute, display, perform, and create derivative works of the User Content in connection with the Service and our business, including for promotion and redistribution across media (now known or later developed). We may adapt User Content for technical compatibility (e.g., network requirements, content ratings). This license is revocable for non-public use upon account deletion, except for public User Content (e.g., forum posts, reviews embedded from third-party services), which remains usable for service improvement or marketing unless you opt out via [email protected] or the third-party service (e.g., Trustpilot), subject to state privacy laws (e.g., California Consumer Privacy Act § 1798.100 et seq.) and GDPR Article 7 for EEA/UK Users. For EEA/UK Users, this license involves data processing per GDPR Article 6.

4.2. Public License and Retention. You grant other Service users a non-exclusive license to access, use, reproduce, distribute, display, and perform your public User Content as permitted by Service functionality and these Terms. Public User Content may be used by BlossomUp® to enhance the Service, personalize experiences, market offerings, or feature popular Users. Upon request or account termination, non-public User Content will be deleted per your rights under applicable law (e.g., CA CCPA, GDPR Article 17 for EEA/UK Users), but public content may be retained for lawful purposes, subject to Section 7. For EEA/UK Users, retention complies with GDPR Article 5.

4.3. Ownership and Moral Rights. You retain ownership of your User Content. To the extent permitted by applicable law, you waive all moral rights (e.g., attribution) globally and confirm no such rights are asserted. You appoint BlossomUp® as your agent to execute documents confirming this waiver, ensuring enforceability. This waiver does not limit any privacy or data protection rights you may have under applicable law. For EEA/UK Users, access rights to your User Content are available via your My Account or, for all personal data, via the Privacy Policy.

4.4. Warranties and Compliance. You warrant that: (a) you own the User Content or have permission to provide it; (b) your User Content does not infringe intellectual property, privacy, or other rights; and (c) the submission of your User Content complies with the Agreement, including the AUP (Section 8), and all laws (e.g., DMCA, state privacy laws, GDPR for EEA/UK Users). If notified of infringement, BlossomUp® will remove content per our DMCA process (Section 9.2). You are liable for breaches, subject to Section 13 indemnification.

4.5. Confidentiality. User Content is non-confidential unless explicitly protected (e.g., private messages). BlossomUp® is not liable for its use or disclosure, aligning with Section 3.2 and the AUP (Section 8.2).

5. PRIVACY

Overview: BlossomUp® takes your privacy seriously and follows clear rules about how your personal information—like your name, email, and test answers—is collected, stored, used, and shared. BlossomUp® uses this data to run and improve the Service, offer personalized features, and meet legal requirements. You can view, update, or delete your personal information at any time, and you can opt out of things like marketing emails. BlossomUp® uses security measures to keep your personal information safe and will notify you if there’s a data breach involving your personal information. If BlossomUp® makes big changes to its Privacy Policy, BlossomUp® will let you know in advance. If you don’t agree with the major updates, you can cancel your subscription and Account.

BlossomUp® is committed to protecting your privacy, which is fundamental to our operation of the Service. This section outlines our privacy practices, with full details provided in our Privacy Policy. The Privacy Policy governs how we collect, use, store, and share personal information you provide as a Registered User (e.g., Account information, User Content as defined in Section 4), including data from third-party social networking accounts (Section 2.7) and submissions (Section 3.2), or that we (or our third party marketing partners) otherwise collect automatically from Visitors.

5.1. Data Practices. We collect personal information (e.g., Registration Data, test responses) to provide, personalize, and improve the Service, market our offerings (and third party offerings that we think may be of interest to you), and comply with legal obligations. Please review the Privacy Policy for a comprehensive list of data types, purposes, and third-party sharing.

5.2. User Rights and Choices. You have rights regarding your data, including the ability to access, correct, request deletion, and, where applicable, opt out of certain processing, sale, sharing, targeted advertising, or marketing communications, as provided under applicable laws (e.g., California Consumer Privacy Act § 1798.100 et seq.) and detailed in the Privacy Policy and Cookie Policy. You may opt out of non-essential communications (e.g., marketing emails) by following the unsubscribe instructions or contacting [email protected].

6. FEES, PAYMENTS, AND SUBSCRIPTIONS

Overview: This section outlines the financial terms governing your use of the BlossomUp® Service, and ensuring compliance with key consumer protection and payment regulations in the U.S., EU, and UK. This section defines key billing-related terms, details subscription structures (including discounted trials, recurring billing, and add-on services), and clarifies consent requirements for charges. This section includes procedures for updating payment methods, cancellation rights, applicable taxes, and refund eligibility— distinguishing between refundable subscription fees and the non-refundable $1.95 premium report charge. This section also specifies region-specific rights, such as California’s 3-day cancellation window and the EU/UK’s 14-day withdrawal period, while emphasizing direct resolution of disputes over chargebacks for faster, more effective outcomes.

This section governs all financial aspects of your use of the Service, including fees, payment methods, subscriptions, and related rights and obligations under these Terms, subject to Sections 1, 2, and 10. This section is consistent with applicable federal, state, and international laws, including state automatic renewal laws in jurisdictions such as California, Colorado, Illinois, Minnesota, New York, South Carolina, Tennessee, Utah, Vermont, Virginia, and others, as well as the EU Consumer Protection Directive (Directive 2011/83/EU), EU Payment Services Directive (Directive 2015/2366), and EU Digital Content Directive (Directive 2019/770). To ensure practical compliance, BlossomUp® provides the opportunity for affirmative consent to recurring billing terms, as detailed in Section 2.4.

6.1. Defined Terms.

  1. Initial Period: The initial term of your subscription, as specified at signup (e.g., 7-day trial).
  2. Billing Period: The recurring interval between billing dates (e.g., weekly, monthly), detailed in your purchase confirmation.
  3. Day or Date: Unless otherwise stated, a “day” or “date” runs from 12:00 a.m. to 11:59 p.m. Eastern Time, or your local time if required by state law or for EEA/UK Users per GDPR Article 12.
  4. Authorized Transaction: A payment transaction initiated by you or an authorized user of your Account, including where you or an authorized user provide payment information (e.g., credit card details) to BlossomUp® for a subscription, trial, or one-time purchase. An Authorized Transaction does not include transactions resulting from fraud, stolen payment information, or unauthorized use by a third party without your consent, as determined by applicable law (e.g., EFTA, EU Payment Services Directive Article 64).

6.2. Billing Terms and Conditions. Billing terms for subscriptions to the Service (e.g., discounted trial, $29.95/month subscription) are displayed on the Site’s offer page before purchase, including total price, recurring charges, and cancellation rights, per the EU Consumer Protection Directive (Directive 2011/83/EU) Article 6 and EU Payment Services Directive Article 44. Payments are processed via the payment method you provide (e.g., credit card) and stored securely by our third-party vendors, using strong customer authentication (SCA) per EU Payment Services Directive Article 97 for EEA/UK Users. If the issuer of the credit card you used to make an Authorized Transaction (“Payment Method”) updates payment-related details, it may share them with us for continuity, but BlossomUp® disclaims liability for Payment Method issuer errors, subject to state consumer laws (e.g., California Civil Code § 1747) and GDPR Article 82 for EEA/UK Users.

6.2.1. Payment Authorization. By making a one-time purchase or purchasing a subscription, you authorize BlossomUp®, through third-party vendors, to store your Payment Method information and charge it for renewals or additional purchases. Consent is required via an affirmative action (e.g., “I Agree” checkbox) per the Restore Online Shoppers’ Confidence Act (“ROSCA”), state laws (e.g., California Business and Professions Code § 17600 et seq.), EU Payment Services Directive Article 54, and GDPR Article 6(1)(a) for EEA/UK Users.

6.2.2. Expired Payment Method. If your Payment Method expires, you must update it promptly. BlossomUp® may attempt to charge the expired Payment Method, but you remain responsible for unpaid amounts until Account cancellation pursuant to Section 6.9. This aligns with the Electronic Fund Transfer Act (EFTA), state regulations, and EU Payment Services Directive Article 67. For EEA/UK Users, BlossomUp® will notify you of failed charges via email or dashboard notice, ensuring transparency per EU Consumer Protection Directive Article 8.

6.2.3. Foreign Exchange and Currency Fees. Transactions may incur foreign exchange fees or variances based on your location or Payment Method. Additional bank/issuer fees may apply. BlossomUp® disclaims liability for these charges, except where prohibited by state law (e.g., California Unfair Competition Law) or GDPR Article 82 for EEA/UK Users.

6.3. Discounted Trials and Promotions. Subscriptions may include discounted trial periods (e.g., 7 days) or promotions, with terms disclosed before sign-up, including conversion to paid plans (e.g., $29.95/month starting on the 8th day unless canceled) and cancellation rights, per the EU Consumer Protection Directive Article 6. Availability is not guaranteed and may have restrictions.

  1. Discounted Trials: Subscriptions may include a 7-day discounted trial, converting to a paid plan at full price (e.g., $29.95/month) unless canceled before the end date via the process in Section 6.9. Disclosure of the applicable trial period terms, and an easy cancellation option (e.g., online button), are provided in advance, as required by the Restore Online Shoppers’ Confidence Act (ROSCA), state laws (e.g., California Business and Professions Code § 17602), and the EU Consumer Protection Directive Article 8. Separately, access to a premium test report generated through the Service during the trial period requires a one-time payment (e.g., $1.95), distinct from the trial or subscription fees, solely for immediate delivery of your test results. This $1.95 fee is non-refundable except where required by law (e.g., unauthorized transactions under the Electronic Fund Transfer Act or state law). For EEA/UK Users, by paying the $1.95 fee and agreeing at checkout (per Section 6.2.1) to immediate access to your premium test results, you provide express consent to begin performance and acknowledge that this waives your 14-day withdrawal right for the $1.95 fee under EU Consumer Protection Directive Article 16(m), as confirmed in your purchase confirmation email. The 14-day withdrawal right under Article 9 remains intact for the ongoing subscription (e.g., $29.95/month), as detailed in Section 6.10(b). No separate end-of-trial notice is sent unless mandated by applicable law.
  2. Promotions: Discounted pricing or bundles end at the specified time, reverting to standard rates unless canceled per Section 6.9 and Section 6.10. For EEA/UK Users, promotion terms comply with GDPR Article 13.

6.4. Subscription Terms. Where you purchase a subscription to the Service, you agree to pay applicable fees (e.g., monthly access to premium tests at $29.95), which will be charged in advance at the end of each Billing Period (Section 6.1(b)) based on the price agreed upon at signup, for as long as that subscription remains active (the “Recurring Fees”). Subscriptions auto-renew at the frequency stated on the offer page unless canceled per Section 6.9. You acknowledge and agree that BlossomUp® will not obtain any additional authorization from you for the applicable Recurring Fees. Every time that you access any of the rights and privileges associated with your subscription, you re-affirm that BlossomUp® is authorized to charge your Payment Method and to have the Recurring Fees applied to same. Price changes or substantial modifications to the subscribed Service are governed by Section 6.6, ensuring you are notified and may cancel if you disagree. For EEA/UK Users, subscription data processing complies with GDPR Article 6.

6.5. Automatic and Recurring Billing. By opting for recurring billing, you affirmatively consent to automatic charges as outlined in your transaction receipt, with reminders of terms and cancellation processes provided. This consent complies with ROSCA, state auto-renewal laws, EU Payment Services Directive Article 54, and GDPR Article 7 for EEA/UK Users, with withdrawal through your BlossomUp® Account. You may revoke authorization by canceling per Section 6.9 or Section 6.10.

6.6. Price Changes. BlossomUp® may adjust pricing, refund policies, or billing methods, including for paid subscriptions, with at least 30 days’ notice via email, or as required by state law (e.g., California Business and Professions Code § 17602) and the EU Consumer Protection Directive Article 8. For paid subscriptions, the following terms apply:

6.6.1. Paid Subscriptions: If you have a paid subscription with us, in the event that we change the subscription price for that you have previously agreed to pay or substantially change the services you are paying for, we will notify you of such changes as contemplated in Section 6.3(a) (Discounted Trials notification process). Any changes will become effective as of, and reflected on, your next scheduled payment. If you do not agree with such changes, you may cancel your paid subscription by communicating with us in accordance with the Cancellation section (Section 6.9) below. For EEA/UK Users, price changes affecting data processing comply with GDPR Article 13.

If you disagree with non-subscription changes, you may terminate your use per Section 10 during the notice period without penalty. Continued use after notice authorizes charges at the new rate, subject to Section 2.10 (Modifications to the Terms).

6.7. Add-On Services. Add-ons (e.g., specialized sessions) may be offered on a one-time or subscription basis, with separate terms disclosed at purchase, including recurring charges per the EU Consumer Protection Directive Article 6. These are subject to Sections 6.2-6.6 unless otherwise stated. For EEA/UK Users, add-on data processing complies with GDPR Article 6.

6.8. Sales Tax. “Sales Tax” includes state/local sales, use, value-added taxes, or equivalents. Prices exclude Sales Tax, which varies by your billing address. BlossomUp® will collect applicable Sales Tax where required by law; if uncollected, you are responsible for payment to the tax authority, including penalties. Payments must be made free of withholding taxes, borne by you. Tax rates may adjust at renewal per local laws. For EEA/UK Users, VAT is included per EU VAT Directive Article 220, with invoices provided per Article 226.

6.9. Cancellation Policy. You may cancel your subscription at any time via the “My Account” cancellation option on the Site, by submitting a request through our Help Center, or by emailing [email protected]. Where you cancel via the Help Center or email, a confirmation email with a cancellation number will be sent. For cancellations during discounted trials or promotions, access ends immediately; otherwise, access continues until the current Billing Period ends (Section 6.1(b)). Refunds for subscription fees may be issued if canceled before the Initial Period ends (Section 6.1(a)), at BlossomUp’s® discretion, subject to applicable law. BlossomUp® reserves the right to refuse or cancel orders due to pricing errors, with notice where required.

6.10. State-Specific Cancellation Rights. In addition to the cancellation process in Section 6.9, the following rights apply in specific jurisdictions:

  1. California Residents: You may cancel within three (3) business days (excluding Sundays/holidays) from the date you agree to the subscription terms by paying the one-time premium report fee (e.g., $1.95) and starting the 7-day trial, by submitting a signed, dated notice to [email protected]. Upon cancellation, access terminates, and, if any subscription fees have been paid by you, a refund of those subscription charges (e.g., $29.95) already paid will be issued per Section 6.11, excluding the one-time premium report fee, which remains non-refundable (Section 6.2). Note: This 3-day period starts at signup, not the first $29.95 charge after the trial ends, which typically occurs after 7 days.
  2. EEA/UK Residents: You have a 14-day withdrawal right per the EU Consumer Rights Directive Article 9 and UK Consumer Contracts Regulations Regulation 9, starting from subscription signup. Withdrawal requests via the Privacy Policy. The $1.95 premium report fee is non-refundable if you consent to immediate performance and acknowledge loss of withdrawal for the test results per Article 16/Regulation 28, as detailed in Section 6.3(a). The 14-day withdrawal right still applies to the ongoing subscription (e.g., $29.95/month), and upon withdrawal, access terminates, and a refund of subscription charges (excluding the premium report fee) is issued per Section 6.11.
  3. Other States: Where state law provides a cooling-off period (e.g., 3-7 days), you may cancel per Section 6.9, with refunds per Section 6.11.

6.11. Refund Policy. Refunds for subscriptions are available to California residents per Section 6.10(a), EEA/UK residents per Section 6.10(b), and where explicitly stated in promotional terms or customer-facing guarantee terms. The one-time premium report fee (e.g., $1.95) for test results is non-refundable for all Users, as you receive immediate access to digital content upon payment, and, for EEA/UK Users, you waive your 14-day withdrawal right by consenting to this at checkout (per EU Consumer Protection Rights Article 16(m) and Section 6.3(a)). For other Users, subscription fees are non-refundable unless required by state law (e.g., California Consumers Legal Remedies Act), EU law (e.g., EU Digital Content Directive Article 8 for non-conformity), UK Consumer Rights Act Section 36, or at BlossomUp’s® discretion. Refund requests for subscriptions must be submitted within 7 days of purchase (or 14 days for EEA/UK Users per EU Consumer Protection Rights Article 9) through our Help Center or by emailing [email protected] with supporting evidence (e.g., transaction details, reason for request). Refunds are processed within 14 days of approval, subject to review. For unauthorized transactions, see Section 6.12(b). For EEA/UK Users, refund disputes related to data breaches comply with GDPR Article 82.

6.12. Chargeback Disputes.

  1. Direct Refund Requests Preferred. To ensure prompt resolution and avoid chargeback fees, you agree to request a refund directly from BlossomUp® per Section 6.11 before initiating a chargeback with your Payment Method issuer, unless such a requirement is prohibited by applicable law. Initiating a chargeback without first contacting [email protected] may delay resolution and complicate dispute processes. BlossomUp® reserves the right to contest chargebacks deemed unwarranted (e.g., where Service, such as test results or subscription access, were delivered and cancellation was not attempted) by providing evidence to your Payment Method issuer, per applicable payment network rules (e.g., Visa, Mastercard).
  2. Unauthorized Transactions. Chargeback disputes for unauthorized transactions (as defined in Section 6.1(d)) must be reported to [email protected] within sixty (60) days of the transaction appearing on your statement (or 13 months for EEA/UK Users per EU Payment Services Directive Article 67 and UK Payment Services Regulations Regulation 99). BlossomUp® will cooperate with you and your bank to resolve such disputes promptly, as required by the Electronic Fund Transfer Act (15 U.S.C. § 1693f), EU Payment Services Directive Article 67, and applicable state laws.
  3. Compliance. For EEA/UK Users, chargeback disputes involving personal data comply with GDPR Article 82. BlossomUp® will not penalize you for exercising your statutory dispute rights under federal, state, or EU/UK law.

7. DELETION OR DEACTIVATION OF USER CONTENT AND/OR ACCOUNT

Overview: This section explains how you can ask BlossomUp® to delete your Account or any User Content you have shared with BlossomUp®, and what happens when you do. You can request deletion by emailing BlossomUp®, and BlossomUp® will remove your public content within about 30 days (or a bit longer if permitted by law). For Users in Europe or the United Kingdom, those locations follow strict privacy laws that give you similar rights. After you delete your Account, BlossomUp® may keep some anonymous information related to you for business or legal reasons but will not share it with others. Some data might not be fully deletable because of technical or legal reasons, but BlossomUp® will try to remove or anonymize your content as much as possible. BlossomUp® can also delete or suspend your Account if you break the rules, and BlossomUp® does not have to refund fees in those cases unless the law says otherwise. BlossomUp® may take down content that violates copyrights or their policies and will inform you if there is ever a data breach affecting your information.

This section outlines your rights and BlossomUp’s® obligations regarding the deletion or deactivation of your User Content (as defined in Section 4) and Account, in accordance with these Terms, our Privacy Policy (Section 5), and applicable laws, including GDPR, the EU Consumer Protection Directive (Directive 2011/83/EU), EU Digital Content Directive (Directive 2019/770), and UK Consumer Contracts Regulations 2013 for EEA/UK Users. Your responsibilities for User Content are detailed in Section 3, and compliance with the Acceptable Use Policy (Section 8, “AUP”) applies.

7.1. Account and Content Deletion Requests. You may request deletion of your User Content or permanent Account closure by submitting a written request to [email protected]. We may take reasonable steps to verify your identity or authority before processing the request. Where possible, BlossomUp® will verify requests using information already associated with your Account, such as login credentials, your Account email address, or a one-time verification link. We may request additional information only where reasonably necessary to confirm your identity or authority to make the request. Upon verification, BlossomUp® will:

  1. Remove public User Content from visibility within 30 days, or 45 days if required by state law (e.g., California Consumer Privacy Act § 1798.105), except where retained for legal compliance (e.g., tax records).
  2. For EEA/UK Users, deletion requests are processed within 30 days per GDPR Article 17, or upon exercising your 14-day withdrawal right under EU Consumer Protection Directive Article 9 (Section 6.10(b)).

7.2. Account Deactivation and Retention. You may deactivate your Account or request User Content deletion, initiating the process in Section 7.1. BlossomUp® will retain non-personally identifiable information (e.g., anonymized logs) and certain data for recordkeeping, archival, or legitimate business purposes (e.g., fraud prevention) for up to one year, or as required by law (e.g., New York SHIELD Act § 899-aa, EU Digital Content Directive Article 19). This data remains inaccessible to you or third parties. If you terminate a subscription per Section 6.9, login credentials remain valid for Registered User access until permanent closure is requested at [email protected]. For EEA/UK Users, retention complies with GDPR Article 5.

7.3. Content Deletion Limitations. Some User Content or Service-generated data (e.g., test analytics) may not be fully deletable due to technical or legal constraints (e.g., backups, third-party integrations). BlossomUp® will make reasonable efforts to delete your User Content upon request, subject to state data rights (e.g., CA CCPA), federal laws (e.g., DMCA), and GDPR Article 17 for EEA/UK Users. Unremovable data will be anonymized where possible. For EEA/UK Users, deletion limitations are notified per GDPR Article 13.

7.4. BlossomUp’s® Rights to Delete Accounts. BlossomUp reserves the right to suspend, deactivate, or delete any Account at its sole discretion if you violate these Terms, the AUP (Section 8), or engage in illegal, indecent, or harmful activities (e.g., IP infringement per Section 9). In such cases, fees are non-refundable except where required by state law (e.g., California Civil Code § 1747), EU law (e.g., EU Digital Content Directive Article 19), or promotional terms. BlossomUp is not liable for damages from these actions, subject to Section 12. For EEA/UK Users, deletions involving personal data will be handled in accordance with applicable GDPR requirements and our Privacy Policy, with any legally required notice provided by email, in-Service notice, or other appropriate means.

7.5. Intellectual Property and Content Removal. BlossomUp® does not endorse User Content, opinions, or advice submitted by Users or third parties. We prohibit activities infringing intellectual property rights, and upon proper DMCA notification (Section 9.2), will remove infringing content promptly. BlossomUp® may remove any User Content without notice if it violates the AUP (Section 8.3) or these Terms. In case of a data breach affecting User Content, notification will comply with state laws (e.g., New York SHIELD Act) and GDPR Article 33 for EEA/UK Users.

8. ACCEPTABLE USE POLICY (“AUP”)

Overview: This Acceptable Use Policy explains the rules you must follow when using the BlossomUp® Service. You must use the Service only for its intended purposes and not upload or share anything illegal, harmful, offensive, or that violates someone else’s rights. You cannot use the Service to send spam, hack, impersonate others, or disrupt the BlossomUp® systems. BlossomUp® has the right to monitor and remove any content that breaks these rules, and BlossomUp® can investigate any suspicious activity and take remedial action, including suspending Accounts if needed. BlossomUp® will protect user privacy as required by laws like the GDPR but will cooperate with authorities if there are legal or security concerns. You are responsible for the content you post, and BlossomUp® is not liable for it. If you see rules violations, you should report them to BlossomUp®.

This Acceptable Use Policy (“AUP”) establishes the rules for using the Service, including limitations on User Content (Section 4), system use, security, and investigations. The Service must align with its intended purpose (e.g., personal testing and growth) and the terms of the Agreement, comprising these Terms, our Privacy Policy (Section 5), and any Additional Terms. By using the Service, you consent to be bound by this AUP, per EU e-Commerce Directive Article 10 and UK e-Commerce Regulations Regulation 9. If you disagree, discontinue use. This AUP applies globally, and for Users in the EEA and UK, it incorporates GDPR compliance where applicable, with a Privacy Policy.

8.1. General Prohibited Conduct. You must not use the Service to transmit, distribute, or store material that: (i) violates any federal, state, or international law, rule or regulation (e.g., GDPR, EU Unfair Commercial Practices Directive Article 5); (ii) adversely affects the Service or other Users; (iii) exposes BlossomUp® to criminal or civil liability; or (iv) infringes upon third-party rights (e.g., intellectual property, privacy under applicable state law). You are prohibited from facilitating violations or offering products/services breaching this AUP or third-party policies. For EEA/UK Users, prohibited conduct includes misleading actions per EU Unfair Commercial Practices Directive Article 6.

8.2. Responsible Use of the Service. You must use the Service responsibly and lawfully, consistent with its purpose. You are prohibited from storing, distributing, or transmitting unlawful material or collecting personal data from others without consent, which may incur legal liability. All materials you upload, post, or transmit (Section 4) are your sole responsibility. If a third party claims your content is unlawful, you bear the burden of proof. BlossomUp® disclaims liability for your content, subject to state consumer laws (e.g., California Consumers Legal Remedies Act) and EU Digital Content Directive Article 5 for EEA/UK Users. For EEA/UK Users, consent for data processing is required under GDPR Article 6.

8.3. Content and Activity Limitations. You must not post, send, or make available content or engage in activities that, in BlossomUp’s® discretion:

  • Libel, defame, invade privacy, stalk, or are obscene, pornographic, racist, abusive, harassing, threatening, or offensive;
  • Disparage or negatively portray any individual, including actors in content;
  • Exploit or harm children (e.g., inappropriate content, soliciting personal data), violating COPPA and GDPR;
  • Infringe intellectual property or privacy rights (e.g., DMCA, applicable state law);
  • Violate laws or contractual obligations (e.g., confidential information);
  • Promote illegal activities;
  • Impersonate others or manipulate identifiers;
  • Solicit funds, advertisers, or sponsors without authorization;
  • Include malware (e.g., viruses, worms) or disrupt service functionality;
  • Interfere with dialogue flow or real-time use;
  • Copy Service content without permission (Section 9);
  • Use illegally sourced files (e.g., MP3s);
  • Engage in pyramid schemes or data warehousing;
  • Disobey Service policies or network rules; or
  • Link to sites with prohibited content.

You must not remove sponsorship banners or BlossomUp® materials. Report violations to [email protected]. For IP infringement, follow the DMCA process (Section 9.2).

8.4. System Abuse. You agree not to:

(a) Send mailbombs, spam, or activities harming others’ enjoyment;

(b) Copy, distribute, or modify Service content except for personal use, per Section 9;

(c) Use automated tools (e.g., bots, scrapers) to exploit the Service;

(d) Provide competitive services using Service data;

(e) Interfere with Service functionality or networks;

(f) Gain unauthorized access (e.g., hacking, cracking);

(g) Reverse engineer Service software;

(h) Use data for unauthorized commercial purposes;

(i) Provide false contact information or impersonate others;

(j) Share User directories or usage data;

(k) Exploit bugs for advantage; or

(l) Resell Service resources.

8.5. Violation of Security Systems. You must not compromise Service security or tamper with resources/accounts. Using security-breaching tools (e.g., password crackers) is prohibited. If involved in a security violation, BlossomUp® may share your details with system administrators or law enforcement to resolve incidents, per the New York SHIELD Act (§ 899-aa) and other state laws. BlossomUp® will notify affected Users of breaches as required by law.

8.6. Responsibility for Content. BlossomUp® is not responsible for material created or accessible via the Service and exercises no editorial control, though we may monitor under Section 8.7. You are solely liable for your content, subject to Section 4 and state consumer laws (e.g., CA CLRA).

8.7. BlossomUp’s® Rights to Monitor, Pre-Screen, and Remove User Content. BlossomUp® is not obligated to pre-screen User Content (Section 4) but reserves the right to do so, refuse, or remove it at our discretion for our benefit, where permitted by law. BlossomUp® may monitor, review, preserve, or disclose User Content as described in the Privacy Policy and where reasonably necessary to operate and protect the Service, enforce the Agreement, comply with law, respond to legal process, or protect the rights, safety, or property of BlossomUp®, Users, or third parties. Tools to flag content may be provided, but removal is not guaranteed. Violations should be reported to [email protected], with IP issues handled per Section 9.2.

8.8. Investigations. BlossomUp® may investigate suspected violations of the Agreement, including this AUP, as well as the associated User submissions, posts, or emails (e.g., Section 3.1 Forums, Section 4 User Content). We may: (a) collect information from you or other Users; (b) suspend accounts pending review; and (c) remove material without prior notice if immediate action is required (e.g., security threats), per Section 7.4. For EEA/UK Users, any personal data processed in connection with investigations will be handled as described in the Privacy Policy and in accordance with applicable legal bases. You will be informed of investigations involving your data within a reasonable time, subject to Section 5 (Privacy) and EU e-Commerce Directive Article 5 transparency requirements. If a violation involves illegal activity or security (e.g., IP infringement per Section 9), BlossomUp® may, at its discretion, cooperate with law enforcement or comply with court orders by disclosing your identity or data (e.g., IP address), per the New York SHIELD Act (§ 899-aa) and other state laws (e.g., California Online Privacy Protection Act). Breach notifications will follow applicable law. You waive and hold harmless the BlossomUp® Group from Claims (Section 13) arising from investigations or law enforcement actions, to the extent permitted by law, excluding liability for BlossomUp’s® gross negligence or willful misconduct and where prohibited (e.g., California Consumers Legal Remedies Act, EU Unfair Commercial Practices Directive Article 5 for EEA/UK Users). This aligns with Section 12 (Limitation of Liabilities) and survives termination per Section 10.3.

9. INTELLECTUAL PROPERTY, TRADEMARKS, AND COPYRIGHTS

Overview: This section explains who owns the intellectual property related to the BlossomUp® Service and how it is protected. BlossomUp®, operated by Transcend Labs LLC, owns the Service, its tools, and any results or reports that the Service creates based on your use. You keep ownership of the content you upload, but BlossomUp® owns the outputs that the Service generates. BlossomUp® respects intellectual property rights and will remove any content that violates such rights. If you believe your rights have been infringed upon, you can send a formal complaint to BlossomUp®, and if your content is wrongly removed, you can submit a counter-complaint. Repeat violations can lead to Account termination. The Service’s materials and trademarks are protected by law, and you must not copy, modify, or use them without permission. You also cannot remove any copyright or trademark notices.

This section governs the intellectual property rights related to the Service, including User Content (Section 4), and aligns with these Terms, the Acceptable Use Policy (Section 8), and applicable laws, including the EU Copyright Directive (Directive 2019/790) for EEA/UK Users.

9.1. Ownership of Intellectual Property. Except as otherwise provided, you agree that, as between you and BlossomUp®, BlossomUp® holds the sole and exclusive right, title, and interest in and to the Service, its tools, all content, and all related intellectual property, including any outputs, reports, analyses, or derivative works generated by the Service based on your input or usage (collectively, “Service Outputs”). This encompasses proprietary materials (e.g., test algorithms, designs) and is protected by U.S. and international copyright laws. Your User Content (as defined in Section 4) and other Registered Users’ Content remain your property, subject to the licenses granted in Section 4. However, Service Outputs created through the Service are owned by BlossomUp®, and you are granted a non-exclusive, non-transferable, revocable license to use such Outputs solely for your personal, non-commercial purposes during your Account’s active status or as permitted by Section 7 upon deletion. All rights not expressly granted are reserved.

9.2. Copyrighted Works and Collective Works. The Service is a copyright-protected collective work under U.S. and international law. Individual content is also copyrighted and may not be copied, modified, reproduced, republished, posted, transmitted, sold, or redistributed without prior written permission from BlossomUp® or its licensors, except as permitted by fair use or Section 4.

9.3. Proprietary Materials and Restrictions. Proprietary materials (e.g., software, test data) provided through the Service may not be copied, modified, reproduced, or redistributed without written authorization from BlossomUp® or its licensors. You must respect all copyright notices and restrictions. No rights are granted to access or copy these materials beyond Service use.

9.4. Trademarks, Trade Names, and Trade Dress. The Service features trademarks, trade names, service marks, and trade dress (“Trademarks”) owned by BlossomUp® or third parties (e.g., logos, “look and feel”), including the “BlossomUp” name and logo. Unauthorized use is prohibited. BlossomUp® may pursue legal action for infringement or dilution under the Lanham Act, and ownership with associated goodwill remains with the respective owners.

9.5. Use of Copyrighted Works. Without prior written consent from the copyright owner, you may not copy, distribute, perform, display, digitally perform (for sound recordings), or create derivatives from Service content, except as allowed by fair use or Section 4 licenses.

9.6. Protection of Proprietary Notices. You must not remove, alter, or obscure any copyright, trademark, or proprietary notices on the Service or its materials, ensuring compliance with Sections 3.6 and 8.3.

9.7. Ownership Acknowledgment. The Site and its intellectual property are exclusively owned or licensed by BlossomUp®. All rights not expressly granted are reserved, subject to Section 4 for User Content.

10. TERMINATION

Overview: This section explains when and how your access to the BlossomUp® Service can end. BlossomUp® can suspend or stop your access if you break the rules, if you violate the Agreement (including the Acceptable Use Policy), if you violate laws, or for operational reasons. Usually, BlossomUp® will give you at least seven days’ notice so you can fix the problem or cancel your subscription, unless there is an immediate security risk. If your Service access ends, you still have to pay any fees you owe. If you live in the European Economic Area or the United Kingdom, these actions will follow privacy laws like the GDPR and consumer protection rules. You can also end your Service access anytime by canceling your subscription and requesting your Account be permanently closed. After cancellation, your subscription will run until the end of the billing period, then your Service access will end and your content will be deleted according to the terms of the Agreement. Some parts of the Agreement, such as responsibilities, payment obligations, content ownership, and privacy rules, will continue even after your Account is terminated or expired.

This section outlines the conditions under which your access to the Service may be terminated, aligning with these Terms, Sections 6 (Fees, Payments, and Subscriptions), 7 (Deletion), and applicable laws, including the EU Consumer Protection Directive (Directive 2011/83/EU) and EU Digital Content Directive (Directive 2019/770) for EEA/UK Users.

10.1. Termination by BlossomUp®. BlossomUp® may suspend, deactivate, or terminate your access to the Service at its discretion if you violate any provisions of the Agreement, including these Terms, the AUP, or applicable laws (e.g., intellectual property infringement under Section 9), or for operational reasons. Except in cases of immediate risk (e.g., security threats), BlossomUp® will provide at least seven (7) days’ notice via email or Site notice, or as required by state law (e.g., California Business and Professions Code § 17602), allowing you to cure the breach or cancel per Section 6.9. Termination will not relieve you of payment obligations under Section 6, and BlossomUp® is not liable for damages, subject to state consumer laws (e.g., California Consumers Legal Remedies Act) and EU Digital Content Directive Article 19 for EEA/UK Users. For EEA/UK Users, termination complies with GDPR Article 17, and aligns with EU Consumer Protection Directive Article 9 withdrawal rights (Section 6.10(b)).

10.2. Termination by You. You may terminate your Account at any time by:

(a) Canceling any active subscriptions in accordance with Section 6.9 (Cancellation Policy) and, where applicable, Section 6.10 (State-Specific Cancellation Rights); and

(b) Requesting permanent closure of your Account as provided in Section 7.1.

Unless canceled earlier, subscriptions will continue until the end of the current Billing Period (as defined in Section 6.1(b)), after which your access to the Service will end. For residents of the EEA, UK, or other jurisdictions with applicable data protection laws, you may also request erasure of your personal data pursuant to Section 7.2 and the Privacy Policy, subject to any legal retention obligations.

10.3. Survival of Terms. The following provisions survive termination or expiration of the Agreement or your Subscription: Sections 1 (Relationship and Eligibility), 3 (Responsibilities), 4 (Your Content), 5 (Privacy), 6 (Fees), 7 (Deletion), 8 (AUP), 9 (Intellectual Property), 11 (Disclaimer), 12 (Limitation of Liabilities), 13 (Indemnification), 14 (Dispute Resolution), 15 (Waiver of Class Action), and 17 (General Provisions), as well as any other provisions that by their nature should endure (e.g., licenses under Section 4, payment obligations under Section 6).

11. DISCLAIMER OF WARRANTIES

Overview: Using the BlossomUp® Service is at your own risk. The Service, including all materials, information, software, and results it produces, is provided “as is” without any guarantees. BlossomUp and its affiliates do not promise the Service will always work perfectly, be error-free, or safe from viruses, nor do they guarantee content accuracy or that using the Service won’t infringe upon others’ rights. For EEA/UK users, this doesn’t limit your legal rights under GDPR or the EU Digital Content Directive. Where laws don’t allow excluding warranties, limits apply only as allowed, and they aren’t responsible for death or injury caused by negligence under EU and similar laws.

THE SERVICE, AND ALL RELATED SERVICES, PRODUCTS, INFORMATION, AND CONTENT PROVIDED AND/OR MADE AVAILABLE BY OR THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR FREEDOM FROM VIRUS OR OTHER DISABLING ROUTINE, OR INTERRUPTION, OR NON-INFRINGEMENT, AND YOU ASSUME THE ENTIRE RISK WITH RESPECT THERETO. USE OF THE INTERNET AND TELECOMMUNICATIONS SYSTEMS IS INHERENTLY RISKY AND YOU DO SO AT YOUR OWN RISK.

WITHOUT LIMITING THE FOREGOING, BLOSSOMUP® MAKES NO WARRANTY THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) ANY INFORMATION OBTAINED THROUGH THE SERVICE (INCLUDING SERVICE OUTPUTS) WILL BE ACCURATE OR RELIABLE; (C) THE SERVICE WILL BE FREE FROM TECHNICAL ERROR, OR OTHER ERROR OF ANY KIND, WHETHER HUMAN, MECHANICAL OR ELECTRONIC; (D) ANY DEFECTS IN THE SERVICE WILL BE CORRECTED; (E) THE SERVICE WILL ENABLE ANY USER TO REALIZE ANY SPECIFIC RELATIONSHIP-RELATED, MENTAL HEALTH, PSYCHIATRIC OR OTHER MEDICAL/HEALTH-RELATED BENEFIT OR OUTCOME; OR (F) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLOSSOMUP® AND/OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM, RELATING TO OR ARISING OUT OF VIOLATIONS OF THE AGREEMENT BY OTHER USERS OR THIRD PARTIES AND WE HAVE NO RESPONSIBILITY TO ENFORCE THE AGREEMENT FOR THE BENEFIT OF ANY USER OR THIRD PARTY.

For EEA/UK Users, this disclaimer does not limit statutory rights under GDPR (e.g., Article 17) or EU Digital Content Directive Article 5 (conformity of digital content). If applicable law (e.g., California Consumers Legal Remedies Act) does not allow exclusion of implied warranties, these exclusions apply only to the extent permitted, and no liability for death or personal injury from negligence is excluded, per jurisdictions like the EU.

12. LIMITATION OF LIABILITY

Overview: This section explains that BlossomUp® and its related companies are not responsible for any losses or damages you might suffer from using, misusing, or being unable to use the Service, its content, outputs, or linked websites, even if they were warned such issues could happen. You are responsible for any repairs or fixes needed. For users in the EEA/UK, this does not reduce BlossomUp’s® legal responsibility for data breaches or failure to meet service standards under GDPR and EU rules. Some laws, like those in California or the EU, may limit how much BlossomUp® can exclude liability, so these limits apply only where allowed. Also, BlossomUp® is not liable for problems caused by third-party services or software connected to the Service, except as required by certain laws. Finally, you agree that these disclaimers and limits are part of the Agreement that allowed you to use the Service and pay the set prices.

12.1. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER WE, NOR OUR SUPPLIERS OR LICENSORS, WILL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOSS OF GOODWILL), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF WE OR OUR THIRD-PARTY SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY, ARISING OUT OF OR RELATING TO THE AGREEMENT, THE SERVICE, OR ANY INFORMATION, SERVICES, PRODUCTS OR SOFTWARE MADE AVAILABLE OR ACCESSIBLE TO YOU BY AND/OR THROUGH SAME, INCLUDING, BUT NOT LIMITED TO, FOR: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA, ACCOUNT AND/OR OTHER PERSONALLY IDENTIFIABLE OR NON-PERSONALLY IDENTIFIABLE INFORMATION THAT WAS COLLECTED BY AND/OR THROUGH THE SITE, APP OR OTHER SERVICE INCLUDING, WITHOUT LIMITATION, SEARCH TERMS ENTERED ON THE SITE, WEBSITE REFERRERS, DEVICE TYPES (DESKTOP, MOBILE, TABLET, ETC.), BROWSER TYPES, SITE PAGES VISITED, TIME SPENT ON EACH SITE PAGE, NAVIGATION PATH THROUGH THE SITE, AND/OR ANY ACTION TAKEN ON THE SITE, INCLUDING CLICKS, DOWNLOADS, PURCHASES, FORM SUBMISSIONS AND ADD TO CART/ABANDONED CART ACTIONS; (C) ANY ISSUE RELATED TO THE TIMELINESS, ACCURACY OR RELIABILITY OF THE SERVICE, INCLUDING THE SERVICE OUTPUTS; (D) THE FAILURE OF ANY USER TO REALIZE ANY SPECIFIC RELATIONSHIP-RELATED, MENTAL HEALTH, PSYCHIATRIC OR OTHER MEDICAL/HEALTH-RELATED BENEFIT OR OUTCOME; (E) ANY TECHNICAL ERROR OR OTHER ERROR OF ANY KIND, WHETHER HUMAN, MECHANICAL OR ELECTRONIC, ASSOCIATED WITH ANY OF THE SERVICE; OR (F) ANY OTHER MATTER RELATING TO THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OUR MAXIMUM LIABILITY TO YOU ARISING OUT OF OR IN ANY WAY CONNECTED TO THE AGREEMENT, THE SERVICE, OR ANY INFORMATION, SERVICES, PRODUCTS OR SOFTWARE MADE AVAILABLE OR ACCESSIBLE TO YOU BY AND THROUGH SAME SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00). THE EXISTENCE OF ONE OR MORE CLAIMS BY YOU WILL NOT INCREASE OUR LIABILITY. IN NO EVENT SHALL OUR SUPPLIERS OR LICENSORS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO OUR PRODUCTS, INFORMATION OR SERVICES. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES. AS SUCH, THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION 12 MAY NOT APPLY TO YOU. For EEA/UK Users, this does not limit liability for data breaches under GDPR Article 82 or non-conformity under EU Digital Content Directive Article 8. If applicable law (e.g., California Civil Code § 1780) prohibits such limitations, they apply only to the extent permitted.

 

12.2. Scope of Limitation. These limitations apply to the maximum extent permitted by law, even if a remedy fails its essential purpose. Certain jurisdictions (e.g., EU, California) do not allow exclusion of liability for incidental or consequential damages, so some limitations may not apply, and you may have additional rights under local law (e.g., California Consumers Legal Remedies Act, EU Digital Content Directive Article 8).

12.3. Third-Party Services. The BlossomUp® Group is not liable for damages or losses from third-party services, integrations, or software interoperating with the Service (e.g., Section 2.7 SNS), including data breaches, outages, or losses, except as required by state law (e.g., New York SHIELD Act § 899-aa) or GDPR Article 82 for EEA/UK Users.

12.4. Essential Basis of the Bargain. You acknowledge that BlossomUp® has set prices and provided Service access in reliance on these disclaimers, limitations, and other terms, forming an essential basis of the bargain between the parties, subject to Sections 1, 3, and 10.

13. INDEMNIFICATION

Overview: This section explains that you agree to protect and cover the BlossomUp® Group if anyone makes a legal claim against them because you violated the Agreement, used the Service or your Account improperly, shared content that violates others’ rights, or broke laws like COPPA or GDPR. BlossomUp® will tell you if this happens and let you handle the defense or settlement, but you can’t agree to any settlement that affects BlossomUp® without its permission. If you don’t act, BlossomUp® can take over the legal proceeding and you’ll have to pay the costs. Some laws may limit these rules, and this responsibility continues even after your Account ends.

13.1. Your Indemnification Obligations. To the fullest extent permitted by applicable law in your jurisdiction, you agree to indemnify, defend, and hold harmless BlossomUp® Group from and against any claims, demands, liabilities, damages, losses, costs, or expenses, including reasonable legal fees (collectively, “Claims”), arising from or related to: (a) your breach of the Agreement, including, but not limited to, the following sections of these Terms: Sections 1 (Relationship and Eligibility), 3 (responsibilities), 4 (User Content), 6 (Subscriptions), 8 (AUP), and 9 (intellectual property); (b) your placement, transmission, or use of User Content (Section 4) or Service Outputs (Section 9.1) on BlossomUp’s® servers, including infringement of third-party rights (e.g., intellectual property, privacy); (c) any misuse of your Account, including by authorized users (Section 2.3); or (d) your violation of applicable laws (e.g., GDPR). This obligation does not apply to Claims arising from BlossomUp’s® gross negligence or willful misconduct, nor does it limit liability for data breaches under GDPR Article 82 for EEA/UK Users or non-conformity under EU Digital Content Directive Article 8.

13.2. Notice and Control of Defense. BlossomUp® will notify you promptly of any Claim subject to indemnification, providing you the opportunity to defend or settle the Claim at your expense. You must not settle any Claim without BlossomUp’s® prior written consent if it imposes liability or obligations on BlossomUp®. BlossomUp® may, at its discretion, participate in the defense at its own expense. If you fail to defend promptly, BlossomUp® may assume control, and you will reimburse all costs.

13.3. Limitations. If applicable law prohibits certain indemnification terms (e.g., California Civil Code § 1780, New York General Business Law § 349), these provisions apply only to the extent permitted. This section survives termination per Section 10.3.

14. DISPUTE RESOLUTION AND ARBITRATION

Overview: This section explains how disputes related to your use of the Service, or the Agreement in general, are handled. Most disputes must be resolved through individual binding arbitration instead of in court, which means you give up the right to a jury trial except for small claims. Before starting arbitration, both you and BlossomUp® must try to settle the issue informally by sending a detailed dispute notice and participating in a settlement meeting. Arbitration follows specific rules. If many similar claims happen at once, there is a special process to handle them fairly. New users can opt out of arbitration within 30 days by contacting BlossomUp®. Some disputes, like certain legal rights under COPPA or California law, cannot be forced into arbitration and may be handled in court.

This section governs the resolution of disputes arising from your use of the Service or the Agreement, aligning with these Terms, Sections 6 (Fees), 10 (Termination), and applicable laws, including the EU Consumer Protection Directive (Directive 2011/83/EU) for EEA/UK Users.

14.1. Arbitration Requirement. The parties (and BlossomUp® Group) hereby agree to arbitrate all claims that may arise under and/or relate to the Service, the Agreement and/or any other aspect of the relationship between the parties (and BlossomUp® Group) (the “Arbitration Agreement”). For EEA/UK Users, this does not waive non-waivable statutory rights under applicable consumer protection or data protection laws.

14.2. Arbitration Process and Governing Law. Should a dispute arise concerning the Service, the terms and conditions of the Agreement or the breach of same by any party hereto or any other aspect of the relationship between the parties (and BlossomUp® Group): (a) the parties/BlossomUp® Group agree to submit their dispute for resolution by arbitration, applying the substantive laws of the State of Texas, before the American Arbitration Association (“AAA”), in accordance with the then-current Consumer Arbitration Rules of the American Arbitration Association; provided, however, that BlossomUp® reserves the right to require that any and all User claims be combined and conducted under the AAA Mass Arbitration Rules where there are twenty-five (25) or more arbitration demands pending against BlossomUp® that are similar to the demand for arbitration submitted by you; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. The party(ies) named in your Initial Dispute Notice (collectively, the “Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If the applicable Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must: (i) provide BlossomUp® with proof that you accessed the Site and provided consent to the Agreement; and, thereafter (ii) submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the Named Party(ies) will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Other than as set forth above, arbitration fees and costs will be allocated in accordance with the applicable AAA rules and applicable law, but BlossomUp® may cover filing fees for indigent Users upon request, per state fairness laws (e.g., California Code of Civil Procedure § 1284.2). Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. The Named Party(ies) reserve(s) the right to seek an award of attorneys’ fees and expenses if the applicable Named Party(ies) prevail(s) in arbitration.

 

14.3. Opt-Out Provision. New Users may opt out of this Arbitration Agreement within 30 days of accepting these Terms. Submit a written request to [email protected] with your name, email, and a statement opting out. For EEA/UK Users, this arbitration opt-out does not affect any non-waivable statutory rights under applicable law.

14.4. Non-Arbitrable Claims and Exclusions. The Agreement does not waive non-waivable statutory rights (e.g., CA CLRA public injunctions). Non-arbitrable disputes will be resolved per remaining Terms or in a court of competent jurisdiction, with venue in Texas, unless state law requires otherwise.

15. WAIVER OF CLASS ACTION

Overview: This section says that by agreeing to the Agreement, you give up your right to join or start any class action lawsuits or class-wide arbitrations against BlossomUp® Group. Instead, any claims related to the Service or the Agreement must be resolved individually through arbitration as explained in Section 14. However, you can still seek certain public court orders if the law requires it, like under California or EU consumer laws. You must actively agree to this waiver (for example, by clicking “I Agree”) to use the Service, and if you don’t agree, you cannot use it. If a court finds part of this waiver invalid, the rest of the Dispute Resolution Provisions still apply. This waiver stays in effect even after your Account is terminated.

This section governs your agreement to resolve disputes individually, aligning with these Terms, Section 14 (Arbitration Agreement), and applicable laws, including the EU Consumer Protection Directive (Directive 2011/83/EU) for EEA/UK Users.

15.1. Waiver of Class Actions. To the extent permitted by law, and other than where BlossomUp® requires same as set forth above, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against any of the BlossomUp® Group. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that any Covered Party incurs in seeking such relief. This provision prohibiting you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; (b) is an independent agreement; and (c) does not preclude you from seeking public injunctive relief in a court of competent jurisdiction to the extent such relief is non-waivable under applicable law (e.g., California Consumers Legal Remedies Act, EU Consumer Protection Directive Article 9 for EEA/UK Users).

15.2. Conditions and Acceptance. This waiver is a fundamental condition of your use of the Service. To accept, you must affirmatively consent (e.g., clicking “I Agree” during registration or purchase). If you do not agree to this waiver or the Arbitration Agreement, you are prohibited from using the Service.

15.3. Enforceability. If any provision of this waiver, or the Arbitration Agreement, is deemed unenforceable by a court of competent jurisdiction (e.g., due to state law restrictions on public injunctions), the remaining provisions shall remain in full force and effect. This section survives termination per Section 10.3, ensuring ongoing applicability to resolved claims.

16. THIRD PARTIES

Overview: This section explains that when you use the Service, you might access third-party websites, apps, or services that BlossomUp® does not control or endorse. BlossomUp® is not responsible for the content, accuracy, security, or privacy practices of these third parties. By clicking links to these websites, you leave BlossomUp’s® Site and must follow the third party’s rules. You are responsible for how you interact with these third parties and should be careful with sharing sensitive information with them. BlossomUp® is not liable for any problems from third-party use, including data breaches, except where the law requires it, and will notify you if required by law. You can opt out of some third-party integrations or contact BlossomUp® to limit data sharing.

16.1. Third-Party Links and Content. The Service may contain links to third-party websites, applications, or services (e.g., Social Media Websites and Third-Party Links) not controlled or affiliated with BlossomUp®. These may include content you find inappropriate or offensive. BlossomUp® disclaims responsibility for the accuracy, legality, decency, security, or any aspect of third-party content or data practices, per EU e-Commerce Directive Article 14 for EEA/UK Users. Linking does not imply endorsement or association. By clicking such links, you leave the Service, and your use is subject to the third-party’s terms, privacy policies, and data practices.

16.2. Disclaimer of Liability. BlossomUp® makes no representations or warranties regarding the security or reliability of third-party services, including the handling of personal information by those third parties (e.g., credit card data, Section 6.2) you provide. You release BlossomUp® and the BlossomUp® Group from any claims, liabilities, or damages arising from third-party use, to the fullest extent permitted by law, except where prohibited (e.g., California Consumers Legal Remedies Act). This does not waive rights to public injunctive relief under state law (e.g., California Civil Code § 1750).

16.3. User Responsibilities and Caution. You are solely responsible for your interactions with third parties and any information you share with those third parties. Exercise caution with sensitive data (e.g., social security numbers), and investigate third-party terms before proceeding. You may opt out of third-party integrations (e.g., Section 2.7 Settings) or contact [email protected] to limit data sharing, subject to Section 5 (Privacy).

16.4. Data Breaches and Notifications. BlossomUp® is not liable for third-party data breaches, except as required by state law (e.g., New York SHIELD Act § 899-aa) or GDPR Article 32 for EEA/UK Users. In such cases, BlossomUp® will notify affected Users promptly per applicable law.

 

17. GENERAL PROVISIONS

17.1. Assignment. You may not assign or transfer the Agreement or any rights/licenses granted herein without BlossomUp’s® prior written consent. BlossomUp® may assign the Agreement, in whole or in part, to any party at any time with or without notice to you. Upon assignment, you may terminate the Agreement by deactivating your Account per Section 7.1. For EEA/UK Users, assignments comply with GDPR Article 28, ensuring data processor agreements.

17.2. Force Majeure. BlossomUp® is not liable for delays or failures to perform due to causes beyond its reasonable control (e.g., natural disasters, government actions), subject to Section 12 (Limitation of Liabilities).

17.3. Governing Law. The Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles. For EEA consumers, this does not limit your home country protections or court access under GDPR, EU Consumer Rights Directive Article 9, or local law.

17.4. Local Regulations and Availability. BlossomUp® makes no representation that the Service or its Content is appropriate or available outside the United States. Localized sites or jurisdiction-specific terms may be made available from time to time, but suitability is not guaranteed. Accessing the Service from outside the U.S. is at your own risk, and you must comply with local laws. For EEA/UK Users, data use complies with GDPR.

17.5. Choice of Language. These Terms are drafted in English, which is the official language. Translations, if provided, are for convenience only, and English prevails in case of conflict, other than in jurisdictions where the native language is required, by law, to take precedence.

17.6. Waiver. Any waiver of a provision by BlossomUp® does not constitute a waiver of that or any other provision on another occasion, unless in writing and signed by an authorized representative.

17.7. Notice. You must provide a valid email address upon registration (Section 2.3). Notices will be sent electronically to this address or posted on the Service, deemed effective upon sending, provided you consent to electronic delivery per the E-SIGN Act and California Civil Code § 1633.5. If your email becomes invalid, you must update it; failure to do so does not invalidate notice. For EEA/UK Users, notice complies with GDPR Article 13.

17.8. Severability. If any provision of the Agreement is invalid or unenforceable (except as outlined in Section 14), it will be interpreted to reflect the original intent, and the remaining provisions remain in effect. This aligns with Section 10.3 (Survival).

17.9. Export Control and Sanctions Compliance. You may not use, export, import, or transfer the Service except as permitted by U.S. law, your local jurisdiction, and international regulations, including EU export control laws (e.g., Regulation (EU) 2021/821) and UK Export Control Act 2002. The Service is prohibited in U.S.-embargoed countries or to entities on the U.S. Treasury’s Specially Designated Nationals List, Commerce Department’s Denied Persons List, or EU/UK sanctions lists (e.g., EU Council Regulation 833/2014). By using the Service, you represent you are not in a restricted area or on these lists, and will not use it for banned purposes (e.g., weapons development). Compliance with U.S., EU, and UK export laws, including authorization for restricted transfers, is your responsibility.

 

17.10. California Consumer Complaints. Under California Civil Code Section 1789.3, California residents are entitled to this notice: The Service is provided by Transcend Labs LLC. For questions or complaints, contact Customer Support at [email protected]. California residents may contact the Complaint Assistance Unit, Division of Consumer Services, Department of Consumer Affairs at:

1625 North Market Blvd., Suite N 112, Sacramento, CA 95834

Telephone: (916) 445-1254 or (800) 952-5210

Hearing Impaired: TDD (800) 326-2297 or TDD (916) 322-1700

Email: [email protected]

17.11. Entire Agreement. The Agreement, including these Terms, the Privacy Policy, AUP (Section 8), and Additional Terms, is the final, complete, and exclusive agreement between you and BlossomUp® regarding the Service. To the extent that anything in or associated with the Site Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence.

18. CONTACT US

For any comments or complaints regarding the Site, please contact the BlossomUp® at:

Transcend Labs LLC

9701 Montgomery N.E.

Albuquerque, New Mexico 87111

[email protected]