Legal
Terms of Service
Last reviewed August 14, 2026
Last Updated: August 14, 2026
Effective: August 14, 2026
Welcome to Bloom360! We're so glad you're here. This is the agreement between you and us: what we promise you, what we ask of you, and how we handle the parts nobody likes talking about. We wrote it to be read, not skimmed. Where the law makes us use formal language, we've kept it, but everywhere else we've tried to just say what we mean. If any of it is unclear, email legal@bloom360.com and a real person will answer you.
These Terms of Service ("Terms") govern your access to and use of the services provided by Bloom360, Inc. ("Bloom360," "Company," "we," "us," or "our") and its affiliated professional medical entities, including Bloom360 Medical PLLC ("Practice," and together with Bloom360, "we," "us," or "our"), including our website available at bloom360.com, our mobile applications, telehealth platform, and all related services (collectively, the "Services"). By creating an account or using our Services, you agree to these Terms. If you do not agree, do not use our Services.
EMERGENCY NOTICE: Bloom360 is a telehealth membership clinic. Our Services are not intended for medical emergencies. If you are experiencing a medical emergency, call 911 or go to the nearest emergency room immediately. If you are experiencing a mental health crisis, call 988 (Suicide and Crisis Lifeline) or go to your nearest emergency department.
IMPORTANT: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 10. PLEASE READ THEM CAREFULLY. BY USING OUR SERVICES, YOU AGREE TO RESOLVE DISPUTES THROUGH INDIVIDUAL BINDING ARBITRATION RATHER THAN IN COURT, UNLESS YOU OPT OUT WITHIN 30 DAYS AS DESCRIBED IN SECTION 10.
1. About Bloom360
Bloom360, Inc. provides the technology platform, administrative services, and operational support for the Services. Bloom360, Inc. does not practice medicine or provide healthcare services.
All clinical and medical services accessible through our platform are provided by Bloom360 Medical PLLC and its affiliated professional entities (the "Practice"). The Practice employs or contracts with licensed healthcare professionals who exercise independent medical judgment in providing your care. Bloom360, Inc. does not interfere with, direct, or override clinical decisions made by the Practice or its providers.
Your care team may include primary care providers and wellness coaches:
Primary care providers are licensed physicians or advanced practice providers who deliver medical care, make diagnoses, create treatment plans, and prescribe medications.
Wellness coaches provide general wellness education, health coaching, and relay physician-approved recommendations to support your overall well-being. Wellness coaches do not diagnose, treat, or provide medical advice.
Bloom360 is headquartered in Detroit, Michigan: 4444 2nd Ave Ste 30674, Detroit, MI 48201.
2. Eligibility and Account Registration
2.1 Age Requirement.
You must be at least 18 years of age to create an account or use our Services. By creating an account, you represent and warrant that you are at least 18 years old. If we learn that an account has been created by or for a person under 18, we will terminate that account.
2.2 Geographic Eligibility.
Our Services are available to individuals who reside in states where the Practice's providers are licensed to practice. You must be physically located in an eligible state at the time of each telehealth encounter. Service availability may vary by state, and certain Services may not be available in all jurisdictions. It is your responsibility to confirm that you meet applicable geographic eligibility requirements before scheduling or participating in a telehealth visit.
2.3 Account Creation.
To access our Services, you must create an account and provide accurate, current, and complete information during the registration process. You agree to:
- Provide truthful, accurate, and complete registration information, including your legal name, date of birth, contact information, and any other information requested during account creation
- Update your account information promptly to keep it accurate and current
- Maintain the confidentiality of your account credentials, including your username and password
- Not share your account credentials with any other person or allow any other person to access your account
- Notify us immediately at care@bloom360.com if you become aware of any unauthorized access to or use of your account
- Accept responsibility for all activities that occur under your account, whether or not authorized by you
2.4 One Account Per Person.
Each account is for a single individual. You may not create or maintain more than one account. Couples memberships provide separate accounts for each individual.
2.5 Suspension and Termination for False Information.
We reserve the right to suspend or terminate your account, without prior notice, if we have reasonable grounds to believe that any information you provided during registration or at any time thereafter is inaccurate, incomplete, or misleading. We may also suspend or terminate your account if you fail to comply with any provision of these Terms.
3. Membership, Fees, and Billing
3.1 Membership Structure.
Bloom360 offers a flat-fee membership for access to virtual primary care. Membership plans, pricing, and included services are described on our website at the time of enrollment. Your membership includes access to your care team, telehealth visits, asynchronous messaging, care coordination, and wellness coaching as described in your plan. Membership fees are separate from and do not cover external costs such as prescription medications, laboratory tests, imaging, specialist referrals, emergency care, in-person visits, or durable medical equipment.
3.2 Not Insurance.
Bloom360 membership is not health insurance and does not replace health insurance coverage. Bloom360, Inc. is not an insurer, indemnitor, payor, or underwriter of healthcare benefits. We do not process insurance claims on your behalf. You are responsible for maintaining any health insurance coverage you need. Keep your insurance. Our membership sits alongside it, not instead of it.
3.3 Billing and Payment.
Membership fees are billed on a recurring monthly or annual basis, depending on your selected plan. We accept major credit and debit cards. By providing a payment method, you authorize Bloom360 to charge the applicable fees to that payment method on each billing date. Payment processing services are provided by our third-party payment processor and are subject to the payment processor's terms and conditions.
3.4 Automatic Renewal.
Your membership will automatically renew at the end of each billing cycle unless you cancel before the renewal date. We will charge your payment method on file for the applicable renewal fee. For annual memberships, we will send you a renewal reminder at least 15 days before your renewal date.
3.5 Cancellation.
You may cancel your membership at any time by contacting us at care@bloom360.com, calling us at (833) 348-3044, or through your account settings on our platform. Cancellation is effective at the end of your current billing cycle. You will continue to have access to the Services until the end of the period you have already paid for. After cancellation, your membership will not renew and you will not be charged for subsequent periods.
3.6 Refunds.
Membership fees are generally non-refundable. We do not provide prorated refunds for partial billing periods. If you believe you were charged in error, contact us at care@bloom360.com within 30 days and we will review your request.
3.7 Price Changes.
We may change our membership fees with at least 30 days' advance notice. The new pricing will take effect at the start of your next billing cycle following the notice period. If you do not agree with the new pricing, you may cancel your membership before the new price takes effect.
3.8 Taxes.
You are responsible for all applicable taxes, surcharges, or similar governmental charges associated with your membership.
4. Telehealth Services and Informed Consent
4.1 Consent to Telehealth.
By using our Services, you consent to receive healthcare services from the Practice through telehealth technology, including synchronous audio-video visits, asynchronous messaging, and other electronic communications. Telehealth involves the delivery of healthcare services using electronic communications between you and a provider who is not in the same physical location.
4.2 Benefits.
Telehealth offers increased access to care, reduced travel, greater scheduling flexibility, and improved care continuity.
4.3 Risks and Limitations.
Telehealth has limitations. Your provider cannot perform a hands-on physical examination. Technology difficulties may interrupt or prevent a visit. Security limitations inherent in electronic communications exist despite safeguards. Telehealth may not be appropriate for all conditions, and your provider may recommend an in-person evaluation. The information available to your provider during a telehealth encounter may be limited compared to an in-person visit, which could affect diagnostic accuracy.
4.4 Technology Requirements.
You are responsible for maintaining a compatible device with a camera and microphone, along with a stable internet connection sufficient for audio-video communication.
4.5 No Emergency Services.
Our Services are not a substitute for emergency care. If you are experiencing a medical emergency, call 911 or go to the nearest emergency room immediately. If you are experiencing a mental health crisis, call 988 (Suicide and Crisis Lifeline) or go to your nearest emergency department. If at any time your provider determines that your condition requires in-person evaluation or emergency care, they will advise you accordingly.
4.6 Prescriptions.
The Practice's providers may prescribe medications when clinically appropriate and permitted by applicable law. All prescribing decisions are made by licensed healthcare professionals exercising independent clinical judgment. Not all medications can be prescribed via telehealth, and a prescription is never guaranteed. Certain medications, including controlled substances, may be prescribed in limited circumstances where clinically appropriate, subject to applicable federal and state laws and regulations. You are responsible for providing accurate and complete information regarding your medical history, current medications, and any other relevant health information. Prescription medications are not included in your membership fee and are obtained through a pharmacy of your choice at your own expense.
4.7 State-Specific Requirements.
Telehealth services are subject to the laws and regulations of the state where you are physically located at the time of your encounter. Certain services may not be available in all states. We will inform you of any state-specific requirements that apply to your care.
4.8 Withdrawal of Consent.
You may withdraw your consent to receive telehealth services at any time without affecting your right to future care. If you withdraw consent, some Services may no longer be available to you.
5. The Provider-Patient Relationship
5.1 Independent Medical Judgment.
All clinical services accessible through our platform are provided by the Practice. The Practice's providers exercise independent professional judgment in diagnosing conditions, developing treatment plans, and prescribing medications. Bloom360, Inc. does not direct, interfere with, or override any clinical decision made by the Practice or its providers.
5.2 Scope of Services.
We provide virtual primary care services, including wellness visits, chronic disease management, medication management, health coaching, and care coordination. Not all medical conditions can be appropriately addressed via telehealth. Your provider will advise you if an in-person evaluation is recommended.
5.3 Wellness Coaching.
Wellness coaches on your care team provide general wellness education, health coaching, and relay physician-approved recommendations to support your overall well-being. Wellness coaches operate under the direction of your primary care provider. Wellness coaches do not diagnose medical conditions, prescribe medications, or independently make clinical decisions. Wellness coaching is not a substitute for medical care from a licensed provider.
5.4 No Guarantee of Outcomes.
No honest clinic can promise you a result, and we won't. Bloom360 does not guarantee any specific health outcomes. Healthcare involves inherent uncertainties, and results may vary based on individual circumstances. Your active participation in your care plan, including following provider recommendations and communicating changes in your health, is an important factor in achieving positive health outcomes. We'll do our part, and we'll be straight with you about what we can and can't do.
5.5 Relationship with Other Providers.
We may coordinate with your other healthcare providers as part of your care. We may also facilitate referrals to specialists or other providers when appropriate. Bloom360 is not responsible for the care, services, or actions of other providers or facilities. Any services you receive from third-party providers are subject to those providers' own terms, policies, and professional obligations.
6. Artificial Intelligence and Automated Tools
We use artificial intelligence and automated tools to support the care we deliver and to improve our Services. This section explains how these tools work and what you should know about them.
6.1 How We Use AI.
AI-powered tools may be used in connection with your care and our Services for the following purposes:
- Clinical documentation and note preparation
- Care plan recommendations and health risk assessments
- Patient-facing features such as automated care assistants, chat-based tools, and interactive health assessments within the Services
- Administrative workflows and operational efficiency
6.2 Human Oversight.
AI-powered tools, including any automated or interactive features within our Services, operate under the oversight of your care team. These tools support clinical decision-making but do not independently make medical decisions or diagnoses. All clinical decisions are made by licensed healthcare professionals within the Practice. You may request to speak with a member of your care team at any time.
6.3 Limitations of AI.
AI-generated content, recommendations, and responses may not always be accurate, complete, or appropriate for your specific situation. You should not rely solely on AI-generated output for medical decisions. Always consult with your healthcare provider for medical advice.
6.4 Your Content in AI Systems.
When you interact with AI-powered features within our Services, the information you provide may be processed by AI systems to generate responses and support your care. This processing is governed by our Privacy Policy and applicable HIPAA requirements.
7. Your Responsibilities, User Content, and Prohibited Conduct
7.1 Your Responsibilities.
Good care is a two-way street. As a member, you agree to:
- Provide accurate, complete, and current health information to your care team, including your medical history, current medications, allergies, and any changes in your health status
- Keep your account information, including your contact details and payment method, accurate and up to date
- Follow the care plans and recommendations provided by your care team and communicate promptly if you have questions or concerns
- Use the Services only for lawful purposes and in compliance with all applicable laws and regulations
- Treat all members of your care team and Bloom360 staff with respect and courtesy
- Maintain a private, secure environment during telehealth visits to protect the confidentiality of your health information
- Pay all membership fees and other charges when due
- Notify us immediately of any unauthorized use of your account or any other security concern
7.2 User Content.
Our Services may allow you to submit information, messages, files, images, and other content ("User Content"). You are solely responsible for your User Content. By submitting User Content, you grant Bloom360, Inc. and the Practice a non-exclusive, royalty-free, worldwide license to use, copy, process, display, and transmit your User Content solely as necessary to operate, improve, and provide the Services, subject to our Privacy Policy and applicable law. This license does not apply to protected health information ("PHI"), which is governed exclusively by our Notice of Privacy Practices and HIPAA. You represent and warrant that you have all rights necessary to submit your User Content, that it does not violate any third-party rights, and that it is accurate. You may request removal of User Content by contacting us at care@bloom360.com; however, certain content may be retained as required by law or for medical record obligations.
7.3 Prohibited Conduct.
You agree not to:
- Use the Services for any unlawful purpose or in violation of these Terms
- Provide false, misleading, or inaccurate information in connection with your account or care
- Impersonate any person or entity or misrepresent your affiliation with any person or entity
- Attempt to gain unauthorized access to any part of the Services, other accounts, or any systems or networks connected to the Services
- Interfere with or disrupt the operation of the Services or any servers or networks used to make the Services available
- Use any automated means, including bots, scrapers, or spiders, to access or collect data from the Services
- Introduce viruses, malware, or other harmful code into the Services
- Harass, threaten, or abuse any member of our care team, staff, or other users
- Use the Services for any commercial or non-personal purpose without our prior written consent
- Record, capture, or distribute any telehealth visit or communication without the express consent of all participants
- Share your account credentials with any other person or allow any other person to access your account
8. Communications, SMS/Text Messaging, and Consent to Contact
Here's how we'll reach you, and how to change it. By creating an account or using our Services, you consent to receive communications from Bloom360 and the Practice through the channels described below. These communications may include care-related messages, appointment reminders, health tips, account notifications, and billing information. Marketing and promotional messages are separate: we send those only if you opt in to them, opting in is never required to become a member or receive care, and you can opt out at any time as described in Section 8.3.
8.1 Communication Channels.
We may contact you via email, telephone, text message (SMS/MMS), push notifications, and in-platform messaging using the contact information associated with your account. You are responsible for keeping your contact information current.
8.2 Care and Account Communications.
Certain communications are necessary to provide the Services, including appointment reminders, care instructions, prescription notifications, billing notices, and account alerts. You may not opt out of these communications while you maintain an active account or have an outstanding balance. If you opt out of receiving text messages, we will deliver required care and account communications through email and in-platform messaging instead.
8.3 Marketing Communications.
You may opt out of marketing and promotional communications at any time by following the unsubscribe instructions in the communication, adjusting your notification preferences in your account settings, or contacting us at care@bloom360.com. Opting out of marketing communications will not affect care or account communications.
8.4 SMS/Text Messaging Program.
By providing your mobile phone number and separately opting in, you consent to receive recurring automated SMS/MMS messages from Bloom360, including appointment reminders, care communications, and health tips. Message frequency varies but will not exceed ten (10) messages per month. Consent to receive text messages is not a condition of purchasing any goods or services.
8.5 SMS Opt-Out.
You may opt out of text messages at any time by replying STOP to any message. You will receive a single confirmation message, and no further text messages will be sent unless you re-enroll. We will process your opt-out request within ten (10) business days.
8.6 SMS Help.
For help with text messaging, reply HELP to any message or contact us at care@bloom360.com or (833) 348-3044.
8.7 Message and Data Rates.
Standard message and data rates from your wireless carrier may apply. Bloom360 is not responsible for any charges imposed by your carrier.
8.8 Carrier Disclaimer.
Wireless carriers are not liable for delayed or undelivered messages. Delivery is subject to effective transmission by your carrier and is not guaranteed.
8.9 Supported Carriers.
Our SMS program supports major U.S. wireless carriers. Carriers are not responsible for the content of messages sent through our program.
8.10 SMS Privacy.
Your opt-in data, phone number, and consent status will not be shared with or sold to third parties for marketing or promotional purposes. We may share this information with service providers solely to administer our messaging program. For more information, see our Privacy Policy at bloom360.com/privacy.
9. Health Records, Privacy, and Third-Party Services
Your health records are yours. Here's how to get them, how long we keep them, and who else ever sees them.
9.1 Access to Health Records.
You have the right to access your health records maintained by the Practice. To request access, contact us at care@bloom360.com. We will respond to your request in a timely manner consistent with applicable federal and state law.
9.2 Record Retention.
We retain your health records for a minimum of seven (7) years from the date of your last encounter, or longer if required by applicable state or federal law.
9.3 Record Transfers.
You may request that your health records be transferred to another provider or to you. To submit a transfer request, contact us at care@bloom360.com. We may charge a reasonable fee for record transfers as permitted by applicable law.
9.4 Privacy.
Your privacy is important to us. Our collection, use, and disclosure of your personal and health information is governed by our Privacy Policy and Notice of Privacy Practices, available at bloom360.com/privacy. By using our Services, you acknowledge that you have reviewed our Privacy Policy.
9.5 Recording and Monitoring.
For quality assurance, training, and compliance purposes, we may monitor or record communications between you and members of our care team, including telephone calls, video sessions, and in-app messaging. We will obtain your consent to recording as required by applicable law. You may request that a specific interaction not be recorded at the beginning of that interaction.
9.6 Third-Party Services.
Our Services may integrate with or link to third-party services, including laboratories, pharmacies, and payment processors, and health information exchanges where we participate. Your use of any third-party service is subject to that third party's own terms and conditions and privacy policies. We are not responsible for the availability, accuracy, content, or practices of any third-party service. Your use of third-party services is at your own risk. We encourage you to review the terms and privacy policies of any third-party service before using it.
10. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
10.1 Informal Resolution.
Before initiating arbitration, you agree to contact us at care@bloom360.com and attempt to resolve any Dispute informally for at least thirty (30) days.
10.2 Binding Arbitration.
If a Dispute cannot be resolved informally, you and Bloom360 agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of our Services, or any healthcare services received through our Services, including claims relating to medical malpractice, the prescribing of medications, or the quality of care received (collectively, "Disputes"), shall be resolved by binding arbitration on an individual basis. Your agreement to arbitrate healthcare-related Disputes is voluntary in the sense that you may opt out as described in Section 10.7. Your care will not be affected by whether you agree to or opt out of this arbitration provision. Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. If AAA is unable or unwilling to administer the arbitration, the parties shall select JAMS or another nationally recognized arbitration provider. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this arbitration provision.
10.3 Arbitration Procedures.
The arbitrator shall be a retired judge or attorney with at least ten (10) years of relevant experience. Unless the parties agree otherwise, arbitration shall take place in Wayne County, Michigan. The arbitrator must issue a reasoned written decision. The arbitrator's decision is final and binding.
10.4 Fees.
Each party shall bear its own attorneys' fees, subject to applicable law. Where required by law, Bloom360 will pay arbitration filing and administration fees.
10.5 Class Action Waiver.
YOU AND BLOOM360 AGREE THAT ALL DISPUTES SHALL BE RESOLVED IN AN INDIVIDUAL CAPACITY ONLY. NEITHER PARTY MAY BRING CLAIMS AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF A COURT DETERMINES THAT THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO A PARTICULAR CLAIM, THAT CLAIM SHALL BE SEVERED AND LITIGATED IN COURT WHILE ALL REMAINING CLAIMS SHALL PROCEED IN ARBITRATION.
10.6 Mass Arbitration.
If twenty-five (25) or more similar arbitration demands are filed against Bloom360 by or with the same law firm or coordinated group, those demands shall be administered in batches of up to fifty (50) claims per batch. Each batch shall be assigned a single arbitrator. The parties shall cooperate in good faith with the arbitration provider to implement this batching process.
10.7 Opt-Out.
You may opt out of this arbitration provision within thirty (30) days of first accepting these Terms by sending written notice to: Bloom360, Inc., Attn: Legal Department, Arbitration Opt-Out, 4444 2nd Ave Ste 30674, Detroit, MI 48201, or by emailing legal@bloom360.com with the subject line "Arbitration Opt-Out." Your notice must include your full name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect your ability to use our Services. If you do not opt out within thirty (30) days, you and Bloom360 shall be bound by this arbitration provision.
10.8 Exceptions.
This arbitration provision does not apply to: (a) claims eligible for small claims court; (b) actions seeking injunctive relief to protect intellectual property rights; or (c) enforcement actions brought through applicable governmental agencies.
10.9 Governing Law and Venue.
These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of laws principles. To the extent arbitration does not apply, any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Wayne County, Michigan, and you consent to personal jurisdiction and venue in such courts.
10.10 Survival.
This Section 10 shall survive the termination or expiration of these Terms and your membership.
11. Disclaimers and Limitation of Liability
11.1 Disclaimers.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLOOM360, THE PRACTICE, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES (COLLECTIVELY, THE "BLOOM360 PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE BLOOM360 PARTIES DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE BLOOM360 PARTIES DO NOT GUARANTEE ANY SPECIFIC HEALTH OUTCOMES. AI-GENERATED CONTENT, RECOMMENDATIONS, AND RESPONSES ARE PROVIDED WITHOUT WARRANTY OF ACCURACY, COMPLETENESS, OR SUITABILITY FOR ANY PARTICULAR PURPOSE.
NOTHING IN THESE TERMS IS INTENDED TO LIMIT THE PRACTICE'S PROFESSIONAL RESPONSIBILITIES UNDER APPLICABLE MEDICAL PRACTICE LAWS OR TO DISCLAIM LIABILITY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.
11.2 Exclusion of Consequential Damages.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE BLOOM360 PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY.
11.3 Liability Cap.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE BLOOM360 PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF MEMBERSHIP FEES PAID BY YOU TO BLOOM360 DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
11.4 Carve-Outs.
NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE LIABILITY FOR GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, FRAUD, OR LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THE LIABILITY CAP AND EXCLUSION OF DAMAGES IN THIS SECTION DO NOT APPLY TO CLAIMS ARISING FROM PROFESSIONAL NEGLIGENCE IN THE DELIVERY OF MEDICAL CARE BY THE PRACTICE OR ITS PROVIDERS.
11.5 Application.
THESE LIMITATIONS APPLY TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE BLOOM360 PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Indemnification and Intellectual Property
12.1 Indemnification.
You agree to indemnify, defend, and hold harmless Bloom360, Inc., the Practice, and their respective officers, directors, employees, agents, affiliates, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- Your use of, or inability to use, the Services
- Your violation of these Terms or any applicable law, rule, or regulation
- Your violation of any rights of a third party, including intellectual property rights, privacy rights, or publicity rights
- Your User Content
- Any dispute between you and any third party relating to the Services
This indemnification obligation does not apply to claims arising from professional negligence in the delivery of medical care by the Practice or its providers.
Bloom360 reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Indemnified Parties, and you agree to cooperate with our defense of such claims. You will not settle any claim without the prior written consent of Bloom360.
12.2 Ownership.
All content, features, and functionality of the Services, including all text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the design, selection, and arrangement thereof (collectively, "Platform Content"), are the exclusive property of Bloom360, Inc., the Practice, or their respective licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
12.3 Restrictions.
You may not copy, reproduce, modify, distribute, sell, lease, license, publicly display, publicly perform, transmit, or create derivative works based on any Platform Content without the prior written consent of Bloom360. No ownership rights in any Platform Content are transferred to you by these Terms or your use of the Services.
12.4 Trademarks.
"Bloom360," the Bloom360 logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Bloom360, Inc. or its affiliates. You may not use such marks without the prior written permission of Bloom360. All other names, logos, product and service names, designs, and slogans appearing on the Services are the trademarks of their respective owners.
12.5 Feedback.
If you provide suggestions, ideas, or other feedback regarding the Services ("Feedback"), you grant Bloom360 a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use, incorporate, and otherwise exploit such Feedback for any purpose without obligation or compensation to you.
13. Term, Termination, and Changes to Terms
13.1 Term.
These Terms are effective from the date you first access or use our Services and remain in effect until terminated by you or by Bloom360 in accordance with this Section 13.
13.2 Termination by You.
You may cancel your membership and terminate your account at any time in accordance with the cancellation procedures described in Section 3.5 of these Terms.
13.3 Termination or Suspension by Bloom360.
Bloom360 may suspend or terminate your account or access to the Services with or without cause. Where practicable, we will provide at least thirty (30) days' advance notice before termination. We may suspend or terminate your account immediately, without prior notice, if we determine in our reasonable discretion that: (a) your continued use poses a risk to patient safety or the safety of our staff; (b) you have engaged in fraud or misrepresentation; (c) you have failed to pay membership fees when due; or (d) you have materially violated these Terms. If we terminate your account, we will use reasonable efforts to address any urgent healthcare needs during a transition period, make your health records available to you or a provider of your choice in accordance with Section 9, and provide information to help you find alternative care.
13.4 Effect of Termination.
Upon termination, your right to access and use the Services will cease. Termination does not relieve you of any obligation to pay fees accrued prior to the effective date of termination. The following sections shall survive termination of these Terms: Section 7.2 (User Content), Section 10 (Dispute Resolution and Arbitration), Section 11 (Disclaimers and Limitation of Liability), Section 12 (Indemnification and Intellectual Property), this Section 13.4, and Section 14 (Force Majeure and Miscellaneous). Your health records will be retained and made available in accordance with Section 9 and applicable law.
13.5 Changes to These Terms.
We may update these Terms from time to time. When we make material changes, we will provide advance notice by posting the updated Terms on our website and, where appropriate, notifying you by email or through our platform. The updated Terms will indicate the date of the most recent revision. Your continued use of our Services after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree with the updated Terms, you must stop using our Services and cancel your membership before the changes take effect. Any Dispute arising under these Terms will be resolved under the version of these Terms in effect at the time the Dispute arose.
14. Force Majeure and Miscellaneous
14.1 Force Majeure.
Neither Bloom360 nor the Practice shall be liable for any failure or delay in performing obligations under these Terms to the extent caused by circumstances beyond reasonable control, including natural disasters, pandemics, epidemics, government actions or orders, war, terrorism, civil unrest, labor disputes, power outages, internet or telecommunications disruptions, cyberattacks, or failures of third-party service providers. During any such event, affected obligations shall be suspended for the duration of the disruption.
14.2 Entire Agreement.
These Terms, together with the Privacy Policy, Notice of Privacy Practices, and any other policies expressly referenced herein, constitute the entire agreement between you and Bloom360 regarding your use of the Services and supersede all prior or contemporaneous agreements, representations, and understandings.
14.3 Severability.
If any provision of these Terms is held invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable. If modification is not possible, the provision shall be severed. All remaining provisions shall continue in full force and effect.
14.4 Waiver.
The failure of Bloom360 to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Bloom360.
14.5 Assignment.
You may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of Bloom360. Bloom360 may assign these Terms, in whole or in part, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets without your consent. Any attempted assignment in violation of this section is void.
14.6 Notices.
Notices to you will be sent to the email address associated with your account. Notices to Bloom360 should be sent to care@bloom360.com or by mail to Bloom360, Inc., 4444 2nd Ave Ste 30674, Detroit, MI 48201. For legal matters, contact legal@bloom360.com.
14.7 Accessibility.
Bloom360 is committed to making its Services accessible. If you experience any accessibility barriers, please contact us at care@bloom360.com or call (833) 348-3044.
14.8 No Third-Party Beneficiaries.
These Terms do not create any third-party beneficiary rights except as expressly stated herein.
14.9 California Residents.
Under California Civil Code Section 1789.3, California residents may direct complaints to the Complaint Assistance Unit of the California Department of Consumer Affairs at 1625 N. Market Blvd., Suite S-202, Sacramento, CA 95834, or by telephone at (800) 952-5210.
14.10 Contact Us.
If you have questions about these Terms, please contact us:
Email: care@bloom360.com
Phone: (833) 348-3044
Mail: Bloom360, Inc., 4444 2nd Ave Ste 30674, Detroit, MI 48201
Legal matters: legal@bloom360.com
Privacy matters: privacy@bloom360.com